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Public Improvement Contracts with Performance, Payment, and Maintenance Bonds
City of Dubuque City Council CONSENT ITEMS # 11. Copyrighted August 3, 2026 ITEM TITLE: Public Improvement Contracts with Performance, Payment, and Maintenance Bonds SUMMARY: Eastern Iowa Directional Drillers, LLC for the Southwest Arterial/US 52 ITS Corridor Project; JQ Construction, LLC for the Lead Service Line Replacement — Phase 2 Project. SUGGUESTED Receive and File; Approve DISPOSITION: ATTACHMENTS: 1. 26_07_23 Private Lead Service Line Program Phase 2 Award of Contra 2. 26_07_23 Private Lead Service Line Program Phase 2 Award of Contract 3. 26_07_15 Request to Sign Contract Southwest Arterial US 52 IT Page 918 of 1281 Bond No. 101880173 SECTION 00600 Page 9 of 4 PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 KNOW ALL BY THESE PRESENTS: That we, JQ Construction, LLC, as Principal (hereinafter the "Contractor" or "Principal") and Merchants National Bonding, Inc. , 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 Two Million Two Hundred Thirty Thousand Seven Hundred Seventy -Three dollars Zero Cents ($2,230,773.00), 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 6t" day of July, 2026, (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 Lead Service Line Replacement — Phase 2 Project detail the following described improvements: The extent of work involved consists of replacing approximately 250 lead service lines identified throughout the City's water distribution service area. Replacement scope varies by site from full replacement (main to interior plumbing) to portions thereof, as indicated in the plans. The replacements will take place in City right-of-way and on private properties with authorizations provided by property owners. 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: 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 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 Page 919 of 1281 F SECTION 00600 Page 2 of 4 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) years 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 to assure 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 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 prnvision of this Bond or of any other contract shall he 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. Page 920 of 1281 SECTION 00600 Page 3 of 4 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 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. Page 921 of 1281- SECTION 00600 Page 4 of 4 Project No. 25086 Witness our hands, in triplicate, this lath _ day of SURETY COUNTERSIGNED BY: Not Required Signature of Agent Printed Name of Agent Company Address City, State, Zip Code Company Telephone Number PRINCIPAL: JQ Construction, LLC Contractor / By: gnature Justin Quint Printed Name Owner Title NOTE: July , 2026. Title F7, APPROVEQ BY: ep sentative for Owner SURETY: Merchants National Bondin='�PpPdq�e'• A•or y Surety Co pan °_` 2003 B d,, j� Sig atur A rney-i -Fa O Sara Huston, Attorney -in -Fact & IA Resident Agent Printed Name of Attorney -in -Fact Officer Holmes, Murphy and Associates LLC Company Name 2727 Grand Prairie Parkway Company Address Waukee, IA 50263 City, State, Zip Code (515) 223-6800 Company Telephone Number 1. All signatures on this performance, payment, and maintenance Bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. 3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. ==== END OF SECTION 00600 ==== Page 922 of 1281 MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, and MERCHANTS NATIONAL INDEMNITY COMPANY, an assumed name of Merchants National Bonding, Inc., (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Alissa Cahalan; Anne Crowner; Ashlea McCaughey; Austin Muehlschlegel; Ben Williams; Brian J Oestreich; Brian M Deimerly; Cameron M Burt; Colby D White; Connor Oberg; Dione R Young; Donald E Appleby; Douglas Muth; Ginger Hoke; Grace Rasmussen; Graydon Dotson; Greg Krier; Jamie Gifford; Jay D Freiermuth; Jenni Marino; Jessie Allen; Joe Tiernan; John Cord; Joshua R Loftis; Kate Zanders; Keeton Welch; Kristine M Becks; Lindsey Minutillo; Mark R DeWitt; Mark Sweigart; Melinda C Blodgett; Michelle Morrison; Michelle R Gruis; Nathan Weaver; Nicole Stillings; R C Bowman; Ryan Olivia E Lundy; Sandra M Engstrum; Sara Huston; Sarah C Brown; Seth Rooker; Taylor Fogle; Ted Jorgensen; Tim McCulloh; Todd Bengford; Zach Fuller their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seat and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the By -Laws adopted by the Board of Directors of the Companies. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modificatlon or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 2nd day of March . 2026 MERCHANTS BONDING COMPANY (MUTUAL) ...... SNG p • '' .•''•. cjiotiqNnirti °N M0 ' �"' "' e••• Q gPOR RPOR4.,:o :•et'aFOq 4'i: MERCHANTS NATIONAL BONDING, INC. MERCHANTS NATIONAL INDEMNITY COMPANY _p_ ��: ;xr� _p_ mid; . ti: • �ci�i• 1933 '$" 5u. 2003 :.Ai •.�°' �� i�� STATE OF IOWA COUNTY OF DALLAS ss. On this 2nd day of March 2026 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �Pa�^t s Penni Miller ° Commission Number 787952 z • • My Commission Expires IMP, January 20, 2027 (Expiration of notary's commission Notary Public does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF - ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 14th day of July 2026 . X 1Ntt Cp • ••• KIO.@q� j• •'°oiALrlyp `• :g�oRpoRMAv o 9� y1: • ? tiP0.9, '• a�0ro��FOR' y: rr;°:'c, 9>W. ; ; y c3 NAY :it • 1933 � 2003 : o Secretary POA 0018 (5/25) Page 923 of 1281 SECTION 00500 Page 1 of 5 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 THIS IMPROVEMENT CONTRACT (the Contract), dated for reference purposes the 6th day of July, 2026 between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and JQ Construction, 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 Lead Service Line Replacement - Phase 2 (Project). 2. CONTRACT DOCUMENTS A. The Contract Documents consist of the following, as applicable: 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. Other Bonds: NIA a. (Bond Name) b. (Bond Name) C. (Bond Name) (pages - to - , inclusive). (pages _ to _ , inclusive). (pages - to - , inclusive). 7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2023 Edition. 8. CITY OF DUBUQUE Supplemental Specifications 2023 Edition. 9. Other Standard and Supplementary Specifications as listed on the Title Page of the Project Contract Document Manual. 10. Special Conditions included in the Contract Document Manual. 11. Special Provisions included in the project Contract Document Manual. 12. Details included in the Contract Document Manual. 13. Exhibits included in the Contract Document Manual. 14.Addenda (numbers 1 to 2, inclusive). 15. Insurance Schedule F - Insurance Provisions and Requirements (Section 00700) 16. Sales Tax Exemption Certificate (Section 00750). 17.Site Condition Information (Section 00775). 18. Construction Schedule and Agreed Cost of Delay (Section 00800). 19. Erosion Control Certificate (Section 00900). 20. SRF Requirements (Section 02000). Page 924 of 1281 Page 925 of 1281 SECTION 00500 Page 2of5 21. Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages 1 to 7 inclusive). b. Bidder Status Form (Section 00460). c. SRF Required Forms d. The following documentation that must be submitted by Contractor prior to Notice of Award: i. Contractor Background Information Form 22.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 0010). c. Change Orders (not attached to this Contract) There are no other Contract Documents. The Contract Documents may only be amended, modified, or supplemented as provided in this Contract. 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. Three percent (3%) 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 Contract Documents, 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 shall remain in place for a period of two (2) 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; Liability for City Damage a. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from Page 926 of 1281 Page 927 of 1281 SECTION 00600 Page 3 of 5 performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. b. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligent performance of the Contract. 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 Two Thousand Dollars ($2,000.00) to the City as agreed upon damages. 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. 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 City may terminate this Contract with or without cause upon sixty (60) days' written notice delivered to the Contractor. 14. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be in the Iowa District Court for Dubuque County. 15. Counterparts and Electronic Signatures. This Contract may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same document. This Contract may be executed by the parties and transmitted by electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Contract. 16. Currency. All prices and financial terms referenced herein are intended to be in U.S. dollars and shall remain in U.S. dollars despite any exchange rate. 17. Conflict in Terms. In the event of a conflict between the terms of this Contract and the terms of any of the Contract Documents, the terms of this Contract shall prevail. 18. Legal Compliance. Page 928 of 1281 Page 929 of 1281 SECTION 00500 Page 4 of 5 a. The Contractor is responsible for compliance with all applicable laws, statutes, rules, regulations, and ordinances which may apply to the performance of Contractor's obligations under this Contract, including but not limited to the laws outlined in Exhibit D, and hereby represents and warrants that Contractor is in compliance with the same as of the Effective date and further represents that during the Term Contractor will remain in compliance. Contractor shall require all contractors and subcontractors providing services under this Contract shall also certify compliance with this Section. b. When Applicable: Contractor further represents and warrants that Contractor has obtained all necessary business permits and licenses that may be required to carry out the obligations pursuant to this Contract, including any permits and licenses that might be required b the state or locality in which Contractor performs the Services, and Contractor agrees to maintain, at Contractor's sole expense, such required permits and licenses for the duration of the term(s) of this Contract. 19. Federally Assisted Project. Is this project funded fully or in part with federal funds? ® Yes (if yes, provision a. and b. below apply) ❑ No a. The City and the Contractor agree to comply with all provisions of the Davis -Bacon Federal Prevailing Wage Act, and related labor requirements and regulations and the Federal Wage Determination for this Project. b. Equipment or products authorized to be purchased with federal funding awarded for this Contract must be Buy America, Build America (BABA) in accordance with SRF requirements. c. The Contractor acknowledges this Contract is being funded in part through the combination of Iowa SRF Program for Lead Service Line Replacements and local funds. The total Construction cost for the project is limited to $2,200,000, the SRF eligible portion of the project has a maximum funding amount of $1,700,000. The project includes construction activities that are included in the project that are non-SRF eligible (Bid Items: Interior Plumbing Modifications, Pipe Greater than 5-ft and Upgrades to Interior Plumbing). The funding for these items is limited to $500,000. All bid items associated with the project except: Interior Plumbing Modifications, Pipe Greater than 5- ft and Upgrades to Interior Plumbing, are SRF eligible items. The Contractor agrees that the City reserves the right to end all Work under this Contract at or near the designated maximum funding amount for either/or the SRF eligible and non-SRF eligible portions of the construction activities, regardless of completion of Work at all indicated sites. Page 930 of 1281 Page 931 of 1281 SECTION 00500 Page 5 of 5 THE CITY AGREES: The City agrees to pay the Contractor for the work actually performed under this Contract, up to the amount stated below, less any damages provided for in the Contract Documents. CONTRACT AMOUNT $ 2,230,773.00 CITY OF DUBUQUE, IOWA: Water Department D artment By: 1� Ajz,�' ignature Michael C. Van Milligen Printed Name CitV Manager Title 07/23/2026 Date CONTRACTOR: JQ Construction, LLC Contractors-, By: "I Signature Justin Quint Printed Name Owner Title Date Page 932 of 1281 Page 933 of 1281 SECTION 00400 Page 1 of 7 UNIT PRICE BID PROPOSAL FORM SECTION 00400 PROJECT: Lead Service Line Replacement — Phase 2 BID TO: Office of City Clerk City of Dubuque 50 W. 13i" Street Dubuque, Iowa 52001 U on LLC (Company) 4912 � ?)fV'W p . (Street Address) \�Z�-OwA 150-70\ (City, State, Zip) (311�) 20- 551 b {Telephone) 400.1 General The undersigned Bidder agrees, if the Bid is accepted, to enter into an Contract with the City, in the form included in the Contract Documents, to perform and furnish the Work as specified or indicated in the Contract Documents for the Total Bid Amount and within the Bid time indicated in the Contract Documents and in accordance with other terms and conditions of the Contract Documents. 400.2 Recitals In submitting this Bid, Bidder represents, as more fully set forth in the Public Improvement Contract, that: a. This Bid will remain subject to acceptance for forty-five (45) calendar days after the day of Bid opening; b. The City has the right to reject this Bid and to waive any informalities in the Bidding; c. Bidder accepts the provisions to the Instructions to Bidders regarding dispositions of Bid Security; Page 934 of 1281 SECTION 00400 Page 2 of 7 d. Bidder will sign and submit the Public Improvement Contract with the Bond and other documents required by the Contract Documents within ten (10) calendar days after the date of City's Notice of Award; e. This Contract is being funded in part through a combination of Iowa SRF Program for Lead Service Line Replacements and local funds. The total Construction cost for the project is limited to $2,200,000, the SRF eligible portion of the project has a maximum funding amount of $1,700,000. The project includes construction activities that are included in the project that are non-SRF eligible (Bid Items: Interior Plumbing Modifications, Pipe Greater than 5-ft and Upgrades to Interior Plumbing) the funding for these items is limited to $500,000, All bid items associated with the project except: Interior Plumbing Modifications, Pipe Greater than 0-ft and Upgrades to Interior Plumbing, are SRF eligible items. Installed quantities at each site will determine actual payment values to the Selected Contractor. The City reserves the right to end all Work under this Contract at or near the designated maximum funding amount for construction activities associated with either the Iowa SRF eligible or non-SRF eligible costs, regardless of completion of Work at all indicated sites. The Bidder hereby certifies that the Bidder is the only person or persons interested in this proposal as principals; that an examination has been made of the plans, specifications, contract form, including the special provision contained herein, and the work site, and the Bidder understands that the quantities of work shown herein are approximate only and are subject to increase or decrease. The measured unit quantity of any item stated in the plans, specification, or on the bid proposal form are approximate only and the final payment must be made by the work covered in the contract (Public Improvement Contract - Section 500). The Contractor further understands that all quantities of work, whether increased or decreased, are to be performed at the Unit Prices as stipulated herein; the Bidder proposes to furnish all necessary machinery, equipment, tools, labor and other means of construction, and to furnish all materials specified in the manner and time prescribed and to do the work at the prices herein set out. 400.3 Bidder's Acknowledgment In submitting this Bid this Bidder acknowledges and represents that: 1) Bidder has examined copies of all the Contract Documents; 2) Bidder has visited the Project Area and become familiar with the general, local, and site conditions; 3) Bidder is familiar with Federal, State, and local laws, ordinances and regulations that govern the work specified by the Contract Documents; 4) Bidder has correlated the information known to the Bidder, observations obtained from the examination of the site, reports and drawings identified in the Contract Documents and additional investigations, explorations, tests, studies and data within the Contract Documents; 5) This Bid is genuine and not made in the interest of or on behalf of an undisclosed person, firm or corporation; Bidder has not directly or indirectly induced or solicited another Bidder to submit a false or sham Bid; Bidder has not solicited or Page 935 of 1281 SECTION 00400 Page 3 of 7 induced a person, firm or corporation to refrain from Bidding; and Bidder has not sought by collusion to obtain for itself an advantage over another Bidder or over City; 6) Local and State sales and use taxes are not included in the Bid Amount. 7) Bidder has examined and understands that the following reports listed in Section 00775 are part of the Contract Documents have been considered and are included in the Bid Amount. NOT APPLICABLE Report Title Dated Report Title I Dated 400.4 Unit Prices and Bid Amount Page 936 of 1281 Section 00400 Page 4 of 7 THE CRY OF 7� DUB Cj Addendum No.: Masterpiece on the Mississippi City of Dubuque, Iowa Bid Proposal Schedule BIDDER NAME:7Q r'0(��Nc�\p� J_LO DATE: (D 125 f W Project Title: Lead Service Line Replacement - Phase 2 9NO. REFERENCPLAN NUM ERE BID ITEM DESCRIPTION QUANTITY UNIT BID UNIT PRICE TOTAL PRICE Division 2010 - Earthwork, Subgrade, and Subbase 1 2010.108-A-0 Clearing and Grubbing A 1.00 UNIT 3 �� 2 2010-108-D-1 Topsoil, On -site 30.00 CY 1 0 3D 0 3 2010-108-D-3 Topsoil, Off -site 85.00 CY 30 Zt>930 4 2010-108-J-0 Subbase, Special Backfill - Gr 30 (3/4" Dense Base Pile) 1800.00 TON 25 .45,0o0 Sub Total q-i, bbfa Division 3010 - Trench Excavation and Backfill 5 3010-108-D-0 Replacement of Unsuitable Backfill Material, Gr 30, (Modified Subbase Pile 3750,00 TON 'Z fO Q'1,5U0 Sub Total Division 5010 - Pipe and Fittings 6 5010-10B-E-1 Water Service Stubs, Pipe, Copper, 3/4" 9200.00 LF 7 5010-108-E-2 Water Service Stubs, Corporation, 3/4" 95.00 EA 51b A1,020 8 5010-108-E-3 Water Service Stubs, Curb Stop and Box, 3/4" 95.00 EA 500 ANTrso0 Sub Total 51c(,1 w Division 7030 - Sidewalks, Shared Use Paths, and Driveways 9 7030-108-A-1 Removal of Sidewalk 500.00 SY 10 15pDO 10 7030.108-A-3 Removal of Driveway 200.00 SY 10 toot) 11 7030-108-E-0 PCC, Sidewalk, 5' (Thickness) 500.00 SY 5A ',1,000 12 7030.108-1-1-1 Driveway, Paved, PCC. 6" (Thickness) 150.00 SY U0 g150 13 7030-108-1-1-1 Driveway, Paved, HMA, 6" (Thickness) 50.00 SY I'St (oci 00 14 7030-108-H-3 Driveway, Granular by Ton 50.00 TON 1A -IOU Sub Total 3000 Division 7040 - Pavement Rehabilitation 15 7040-108-A-0 Full Depth Patches PCC 500.00 SY \ t1 5 gj 15 16 7040-108-A-0 Full Depth Patches HMA 2500.00 SY I'Lli 107, 5Lo 17 7040-108-N-0 Curb and Gutter, Remove and Replace 1400.00 LF '5 $ 81,'LUO Sub Total 44 2UU Division 8030 - TemporaryTraffic Control 18 8030-108-A-0 Temporary Traffic Control 209.00 LS 1V5 26 i26 Sub Total Division 9010 -Seeding 19 9010-108-A-1 Conventional - Seeding, Type 1, by SF 7500.00 SF \ -I ID00 20 9010-108-A-1 Conventional - Seeding, Type 4, by SF 2500.00 SF 1 2,15 b o 21 9010-108-A-2 Fertilizing, by SF 7500.00 SF t -1 50(1 22 9010-108-A-3 Mulching, by SF 7500.00 SF I -750L) Sub Total V5, 00o Division 9030 - Plant Material and Planting 23 9030-108-A-0 Plants, By Count 20.00 EA \1 34a Sub Total '340 Division 9040 - Erosion and Sediment Control 24 9040-108-T-1 Inlet Protection Device, Installation 160.00 EA Iris 24,1600 25 9040-108-T-2 Inlet Protection Device, Maintenance 160.00 EA K 1Ab0 Sub Total Division 9070 - Landscape Retaining Walls 26 9070-108-A-0 Modular Block Retaining Wall 40.00 SF 59 23(00 Sub Total 23(.- Division 9071 -Segmental Block Retaining Walls 27 9071-108-A-0 Segmental Block Retaining Wall 40.00 SF 28 9071-108-C-0 Granular Backfill Material 40.00 TON 30 1'tDo Sub Total '2A0 0 Division 11,020 - Mobilization 29 11020-108-A-0 Mobilization 1.00 LS 67%o- L- (yCt,oTL Sub Total (p4, 032 Page 937 of 1281 Section 00400 Page 5 of 7 LINE REFERENCE NO. NUMBER 30 SP 31 Sp 32 SP 33 SP 34 SP 35 SP 36 Sp 37 SP 38 Sp 39 SP 40 SP 41 SP 42 SP BID ITEM DESC RIPTION Special Provisions - Non -Standard Project Items Concrete Sand Bedding Material, GR 1 & GR 36 Water Service Stubs, Curb Box 3/4" Temporary,Traffic Control. 17th St Detour Tompony Traffic Control, Locust St Detour twat Excavation Protection of Edstln Plant Material (Temporary Fencing) Minor Rock Excavation at Existing Mains Connection to Inledor Plumbing Intemal Home Water Service Reloeation/PenetraGan Interior Plumbing Modifications, Pipe Greater than &ft Upgrades to Interior Plumbing Flushin Procedure Temporary Winter Patch 400.6 Base Bid Amount QUANTITY UNIT B!D UNlT PRICE TOTAL PRICE 300.00 TON A 5 L'34W b 120.00 EA q(00 116,2up 1.00 LS 11,501) "ibbri — 1.00 LS -500 50.00 HR Zit) 13, 40.00 LF 10.00 EA 145#7() 16tyoo 223.00 EA 600 I3 1bw 40.00 EA `71Z , 3O t bob 250.00 LF 15W I Mi ova 223.00 EA 15 Oo %A 19" _ 223.00 EA 5 by 111,1600 625.00 SY 120 12,'S00 Sub Total 011 Bid Amount Two InMiDynt 00 bvAct khlirP�hrti+- (Use Words) Page 938 of 1281 SECTION 00400 Page 6of7 400.7 TiMGI!ness Bidder agrees that the work shall be Substantially Complete and made ready for final payment in accordance with Contract Documents no later than the date(s) indicated in Section 00800 — Construction Schedule and Agreed Cost of Delay. 400.8 Additional Documents To Be Submitted With Bid The following additional documents are included and made a condition of this Bid: A. Bid Bond (Section 00450)—or other approved Bid Security. Accompanying this Bid in a separate sealed envelope is a Bid Bond, cashier's check, or certified check in the penal sum of ten percent (10%) of the submitted Bid. It is understood that the Bid security will be retained in the event a contract is not executed by the Contractor if award is made to the undersigned. If a Bid Bond is submitted it must be executed by the Bidder and acceptable corporate surety. If a Cashier's check or certified check is submitted it must be made payable to the City Treasurer, City of Dubuque, drawn on a bank in Iowa or a bank chartered under the laws of the United States. B. Bidder Status Form (Section 00460) C. Signed SRF Required Forms: - Attachment 2 Certification Regarding Debarment, Suspension, Other Responsibility Matters - Attachment 3 Disadvantaged Business Enterprise (DBE) Solicitation - Attachment 4 DBE Subcontractor Performance Form (not required if no DBE is utilized) - Attachment 5 DBE Subcontractor Utilization Form (not required if no DBE is utilized) - Attachment 10 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment Attachment 11 Construction Method Limitations for Lead Service Line Replacement Projects 400.9 Document Submittal R+eauirements by Aggront Low Bidder The apparent low bidder must submit the Contractor Background Information Form (Section 00471) to the Jurisdiction Representative within 72 hours after the bid opening. Failure to submit the Contractor Background Information Form by the required deadline may be considered justification for the City to determine the Bidder as not responsible. 400.10 Contract Execution The Bidder further agrees to execute a formal contract and Bond, within ten (10) calendar days after the date of the City's Notice of Award. The Bidder also agrees it will commence work on or before ten (10) calendar days after the date of City's Notice to Proceed, and it will complete the work within the specified contract period or pay the Agreed Cost of Delay stipulated in the Contract Documents. Page 939 of 1281 SECTION 00400 Page 7 of 7 400.11 guestions and Interpretations Failure by the Bidder to request clarification of the Contract Documents during the bidding process does not waive the responsibility for comprehension of the documents and performance of the work in accordance with the Contract Documents. Signing of the Bid Proposal Form constitutes the Contractor's certification as implicitly denoting thorough comprehension of intent of the Contract Documents. 400.12 Addenda The Bidder acknowledges receipt of the fallowing addenda: L 400.13 Signatures Contractor: Dated: WIB 12 6 Dated: (oh(vlZL Dated: Dated: UQ n k(ut qc\ LLC. Dated: (p 12-, C� Contractor fume Aa Q S & t . k. Street (Business Location) W kou City State Zip &/2_3/2( WW Title The Bidder's State of lldW d does ( ) / does not (y,) utilize a percentage preference for in -state Bidders. The amount of preference is — percent. ==== END OF SECTION 00400 === Page 940 of 1281 Page 941 of 1281 Attachment 2: SRF Required Front -End Specifications Debarments and Suspensions *This form to be completed by the Prime Contractor and submitted with the bid. Any bidder or equipment supplier whose firm or affiliate is listed in on the U.S. General Services Administration Excluded Parties List will be prohibited from the bidding process. The excluded parties records search engine is located at the System for Award Management (SAM) website: https://sam.gov. Pursuant to 2 CFR Part 180, as supplemented by 2 CFR 1532, any entity submitting a bid while the SAM website lists that entity as having an active exclusion will be determined by the DNR to be a non -responsive bidder and will not be able to receive SRF funding. United States Environmental Protection Agency Washington, DC 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and the principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 U SC Sec. 10 01, a false statement may result in a fine or imprisonment, or both. a Sig ature of Authorized Representative Date Printed Name Title ❑ I am unable to certify to the above statements. My explanation is attached. July 2025 Page 942 of 1281 Page 943 of 1281 Attachment 3: SRF Required Front -End Specifications Disadvantaged Business Enterprise (DBE) Solicitation *This form to be completed by Prime Contractor and submitted with the bid. In Iowa, DBEs must be certified through the Iowa Department of Transportation (IDOT). Information on certification requirements and a list of certified DBEs is on the IDOT website at https://secure.iowadot.gov/DBE/Home/Index/. Prime contractors' DBE requirements for SRF projects include: • Taking affirmative steps for DBE participation • Documenting the efforts and the proposed utilization of certified DBEs PROJECT INFORMATION SRF Applicant: AN. 04; Dubu�„t Bidder: —17O COns"uc.A+111 U_C- Address: `�q12 S Rayr��d Rd City: Wa\e�lob State: Zip: IF- SO-101 Contact Person: .luSn ©o�nr Phone Number: L-61q) 2(,°t- 55M Email: I. At this point in time, has the prime contractor begun to solicit work opportunities to subcontractors for this project? 0 Yes ❑ No ❑ N/A 2. Do you agree to use the good faith efforts checklist to ensure the DBEs have the opportunity to compete for procurements funded by EPA financial assistance funds? LNYes ❑ No 3. If yes, was a DBE chosen by the prime contractor to be utilized for this project? El Yes ®No Signature: July 2025 Page 944 of 1281 Page 945 of 1281 GOOD FAITH EFFORTS CHECKLIST Please complete the checklist to determine if you have complied with the requirement to make good faith efforts to ensure that certified DBEs have the opportunity to compete for procurements funded by EPA financial assistance funds. Bidders/offerers must make good faith efforts prior to submission of bids/proposals. 1. Did you ensure that DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities? PqYes ❑No 2. Did you make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in away that encourages and facilitates participation by DBEs in the competitive process? This includes, whenever possible, posting solicitation for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. ® Yes ❑ No 3. Did you consider in the contracting process whether firms competing for large contracts could subcontract with DBEs? This will include dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. ® Yes ❑ No 4. Did you encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually? PQYes ❑No §. Did you use the services of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce to identify potential subcontractors? Yes ❑ No 6. List the potential DBE subcontractors that were contacted. only list those that are certified through the Iowa Department of Transportation. Name How Contacted (e.g. letter, phone call, fax, a-maii) Response (e.g. did not respond, not interested, not competitive) c}.vonpeot CoWnS Cofvek L`fD CONTRACTADMINISTRATION PROVISIONS Several contract provisions are required to prevent unfair practices that adversely affect DBEs. These include: 1. Prime Contractor must pay its Subcontractor for satisfactory performance no more than 30 days from the Prime Contractor's receipt of payment from the SRF loan recipient. 2. Prime Contractor must notify the SRF loan recipient in writing prior to termination of a DBE subcontractor for convenience. 3. Prime Contractor must employ the six Good Faith Efforts to solicit a replacement subcontractor if a DBE subcontractor fails to complete work under a subcontract for any reason. July 2025 Page 946 of 1281 Page 947 of 1281 IOWA STATE REVOLVING FUND iowasrf.com n WA. State Revolving Fund Attachment 10: SRF Required Front -End Specifications *This form to be completed by Prime Contractor and submitted with the bid. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT This term and condition implements 2 CFR 200.216 and is effective for obligations and expenditures of EPA financial assistance funding on or after 8/13/2020. EPA recipients and subrecipients, including borrowers under EPA funded revolving loan fund programs, are prohibited from obligating or expending loan or grant funds to: (a) Procure or obtain, extend or renew a contract to procure or obtain; (b) Enter into a contract (or extend or renew a contract) to procure; or (c) Obtain the equipment, services, or systems that use "covered telecommunications equipment or services" identified in the regulation as a substantial or essential component of any system, or as critical technology as part of any system. Certain equipment, systems, or services, including equipment, systems, or services produced or provided by entities subject to the prohibition are recorded in the System for Award Management exclusion list, website: https://sam.gov. (1) As described in Public Law 115-232, section 889, covered telecommunications equipment or services includes: (i) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (ii) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (iii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iv) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (2) Consistent with 2 CFR 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, and cloud servers are allowable except for the following circumstances: (i) Obligating or expending EPA funds for covered telecommunications and video surveillance services or equipment or services to procure (enter into, renew or extend contracts) or obtain the equipment, services, or systems as described in 2 CFR 200.216. understand the above prohibitions and certify that the project will be in compliance with all the requirements. Signa e : uSA1n Q jq,, - Printed Name G/ 2312c, Date 0W (1,Q1 Title July 2025 Page 948 of 1281 Page 949 of 1281 IOWA STATE REVOLVING FUND iowasrf.com InWA� State Revolving Fund Attachment 11 SRF Required Front -End Specifications (This form must be completed and signed by the Prime Contractor and submitted with the bid.) Construction Method Limitations for Lead Service Line Replacement Projects Service Line Replacement Techniques and Specifications* Replacement of privately -owned water lines shall be completed through any of techniques 1-3 listed below, with option 4 available as an acceptable alternative. 1. Pull -Through Technique: Replacing the service lines at the same depth as the originals with connecting pits limited to 10 feet by 10 feet, unless safety standards warrant a marginal increase in pit size. 2. Boring Technique: With connecting pits limited to 10 feet by 10 feet relating to connecting to utility lines, unless safety standards warrant a marginal increase in pit size. 3. Directional Boring Technique: Sending and receiving pits limited to 10 feet by 10 feet (or connecting pits relating to directional boring for utility lines no bigger than 10 feet by 10 feet), unless safety standards warrant a marginal increase in pit size 4. If for some reason the above construction methods cannot be used for an approved lead service line address, proceed with replacement using an equivalent construction method that will limit the disturbance to the construction area to not greater than described in techniques 1-3. *If the above construction methods (1-3) or equivalent (4) cannot be used, contact SRF for further guidance on how to proceed with replacement at that address. Protection and Restoration of Above -Ground Structures The applicant shall not cause impacts to above ground structures, except where there are no other reasonable means to proceed with the lead service line replacement. If the lead service line replacement will result in impacts to the material, position, and/or integrity of above ground structures (including, but not limited to: lampposts, brick streets, brick sidewalks, retaining walls, railings), the applicant shall repair the affected structure to its previous condition or better using original materials to the extent practicable. Lead Service Line Disposal 1. Lead service line replacement does not require a water supply construction permit. However, other regulations, such as plumbing codes and local ordinances, remain applicable. 2. All lead pipes must either be: a. Abandoned in place and physically disconnected from the active distribution system, or b. Physically removed in their entirety. For Additional Guidance - Contact the Iowa DNR Land Quality Bureau - Solid Waste and Contaminated Sites section of for further information on lead service line disposal regulations. 515-725-8200 July 2025 Page 950 of 1281 Page 951 of 1281 IOWA STATE REVOLVING FUND iowasrf.com WAT State Revolving Fund I understand the above prohibitions and expectations and I certify that the project will be in compliance with all the requirements. Printed Name Title Oww Signature Date (D I Z% I,? -(- July 2025 Page 952 of 1281 Page 953 of 1281 THE CITY OF DUB E Masterpiece on the Mississippi TO: Mike Van Milligen, City Manager FROM: Bob Schiesl, Assistant City Engineer DATE: July 15, 2026 RE: Southwest Arterial / US 52 ITS Corridor Project Dubuque All -America ClW 2007-2012.2013 2017*2019 Attached are the Public Improvement Contract and Performance, Payment & Maintenance Bond between the City of Dubuque and Eastern Iowa Directional Drillers, LLC of Camanche, IL for the Southwest Arterial / US 52 ITS Corridor Project. The project was awarded by the City Council on June 15, 2026. It would be appreciated if you would execute the attached documents related to this project. Please return it to the Engineering office for further processing. Attach. cc: Kerry Bradley, Eng. Dept. Page 954 of 1281 SECTION 00500 Page 1 of 5 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 THIS IMPROVEMENT CONTRACT (the Contract), dated for references purposes the 30th day of June, 2026 between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and Eastern Iowa Directional Drillers, 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 SOUTHWEST ARTERIAL / US 52 ITS CORRIDOR PROJECT (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. Other Bonds: a. (Bond Name) (pages to , inclusive). b. (Bond Name)_ (pages _ to _ , inclusive). C. (Bond Name) (pages to , inclusive). 7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2023 Edition. 8. CITY OF DUBUQUE Supplemental Specifications 2023 Edition. 9. Other Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual. 10. Special Provisions included in the project Contract Document Manual. 11. Drawings - Sheet No. A.01 through No. N.35 (60 pages) or drawings consisting of sheets bearing the following general title: 12.Addenda (numbers 1 to 1 , inclusive). 13.Insurance Provisions and Requirements (Section 00700). 14. Sales Tax Exemption Certificate (Section 00750). 15. Site Condition Information (Section 00775). 16. Construction Schedule and Agreed Cost of Delay (Section 00800). 17. Erosion Control Certificate (Section 00900). Page 955 of 1281 SECTION 00500 Page 5 of 5 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; Liability for City Damage a. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. b. The Contractor shall also be liable to the City for any damage to City property arising out of or related to the Contractor's negligent performance of the Contract. 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 as agreed upon damages. 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. 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 one (1) year. 13. The City may terminate this Contract with or without cause upon sixty (60) days' written notice delivered to the Contractor. 14. This Contract shall be governed by the laws of the State of Iowa and exclusive jurisdiction and venue for any action arising out of or related to this Contract shall be in the Iowa District Court for Dubuque County. 15. Counterparts and Electronic Signatures. This Contract may be executed in counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same document. This Contract may be executed by the parties and transmitted by SECTION 00500 electronic transmission, and if so executed and transmitted, shall be effective as if the parties had delivered an executed original of this Contract. Page 956 of 1281 SECTION 00500 Page 6 of 6 16. Currency. All prices and financial terms referenced herein are intended to be in U.S. dollar and shall remain in U.S. dollars despite any exchange rate. 17. Conflict in Terms. In the event of a conflict between the terms of this Contract and the terms of any of the Contract Documents, the terms of this Contract shall prevail. 18. Legal Compliance. The Contractor is responsible for compliance with all applicable laws, statutes, rules, regulations, and ordinances which may apply to the performance of Contractor's obligations under this Contract, including but not limited to the laws outlined in Exhibit D, and hereby represents and warrants that Contractor is in compliance with the same as of the Effective date and further represents that during the Term Contractor will remain in compliance. Contractor shall require all contractors and subcontractors providing services under this Contract shall also certify compliance with this Section. b. When Applicable: Contractor further represents and warrants that Contractor has obtained all necessary business permits and licenses that may be required to carry out the obligations pursuant to this Contract, including any permits and licenses that might be required b the state or locality in which Contractor performs the Services, and Contractor agrees to maintain, at Contractor's sole expense, such required permits and licenses for the duration of the term(s) of this Contract. 19. Federally Assisted Project. Is this project funded fully or in part with federal funds? ❑ Yes (if yes, provision a. and b. below apply) ® No a. The City and the Contractor agree to comply with all provisions of the Davis -Bacon Federal Prevailing Wage Act, related labor requirements and regulations and the Federal Wage Determination for this Project. b. Equipment or products authorized to be purchased with federal funding awarded for this Contract must be American made to the maximum extent feasible, in accordance with Public Law 103-121, Sections 606(a) and (b). THE CITY AGREES: The City agrees to pay the Contractor for the work actually performed under this Contract, up to the amount stated below, less any damages provided for in the Contract Documents. CONTRACT AMOUNT $ 1,593,263.08 Page 957 of 1281 CITY OF DUBUQUE, IOWA: City Manager's Office Dep ment By. Sign ture Michael C. Van Milligen Printed Name City Manager Title 07/16/2026 Date CONTRACTOR: Eastern Iowa Directional Drillers c BY. -/ 6Signature Travis Lamberton Printed Name Owner Title 07/09/2026 Date ==== END OF SECTION 00500 ==== SECTION 00500 Page 5 of 5 Page 958 of 1281 SECTION 00600 Page 1 of 4 PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 aha # t()0S -Daq KNOW ALL BY THESE PRESENTS: That we, Eastern Iowa Directional Drillers, LLC , as Principal (hereinafter the "Contractor" or "Principal") and Merchants National Bonding Inc , 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 million, five hundred ninety-three thousand, two hundred sixty-three dollars and eight cents ($1,593,263.08), 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 30th day of June, 2026, (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 SOUTHWEST ARTERIAL / US 52 ITS CORRIDOR PROJECT detail the following described improvements: The scope of the project is as follows: provide for the installation and integration of Intelligent Transportation System (ITS) infrastructure throughout the Southwest Arterial corridor, including fiber optic communications infrastructure, traffic monitoring cameras, communications equipment, dynamic message signs (DMS), associated electrical and network infrastructure, conduit systems, handholes, cabinets, poles, and other related ITS technologies intended to improve traffic operations, incident management, traveler information, and corridor efficiency. The project includes a base bid and two alternate bid packages associated with installation of fiber optic communications systems, conduit and microduct infrastructure, traffic monitoring equipment, ITS field devices, and associated electrical and communications infrastructure throughout the corridor. 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 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, Page 959 of 1281 SECTION 00600 Page 2 of 4 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 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 to assure 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 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: Page 960 of 1281 SECTION 00600 Page 3 of 4 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 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 Page 961 of 1281 SECTION 00600 Page 4 of 4 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: SOUTHWEST ARTERIAL / US 52 ITS CORRIDOR Location: Southwest Arterial / US52 corridor, US20 to US61-151, Dubuque, Iowa Project Number: 5521000033 Witness our hands, in triplicate, this 7th SURETY COUNTERSIGNED BY: Signature of Agent Jena Wilwert Printed Name of Agent 501 Bell Street Company Address Dubuque, Iowa 52001 City, State, Zip Code 563-556-0272 Company Telephone Number PRINCIPAL: Eastern Iowa Directional Drillers LLC Contra Signature Travis Lamberton Printed Name NOTE: day of July , 2026. Title FO APPROVF�D BY: Repr sentative for Owner SURETY: Merchants National Bonding Inc Surety Co pany By: Sig ure Attor in -Fact Officer Zachary Kemp Printed Name of Attorney -in -Fact Officer AssuredPartners — Dubuque Company Name 501 Bell Street Company Address Dubuque, Iowa 52001 City, State, Zip Code 563-556-0272 Company Telephone Number 1. All signatures on this performance, payment, and maintenance Bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. 3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. Page 962 of 1281 MERCHANTS BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, and MERCHANTS NATIONAL INDEMNITY COMPANY, an assumed name of Merchants National Bonding, Inc., (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Elizabeth Martin; Eric DeSousa; Jena M Wilwert; Lauren Moser; Mark J Phalen; Paula Fitzgerald; Zachary Kemp their true and lawful Attorneys) -in -Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and Is signed and sealed by facsimile under and by authority of the By -Laws adopted by the Board of Directors of the Companies. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -In -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 2nd day of April . 2026 MERCHANTS BONDING COMPANY (MUTUAL) rott+c co, •�T�ON j�••,,• •a*,iiiyo •. MERCHANTS NATIONAL BONDING, INC. y° oa40A. V. y apo eo•• �� p;�FORyy: MERCHANTS NATIONAL INDEMNITY COMPANY , i.: G �' <; :�.l4� �• .S: � ��" � ,ice• :ova• 1933 2003 ;.d • ` - °, D, Wit..=,tt �i [Z;g% .g%`. :` wok.... t�•, •°�+'•.., 'it`• ......... .. i STATE OF IOWA COUNTY OF DALLAS ss On this 2nd day of April 2026 , before me appeared Larry Taylor, to me personally known, who being by me duly swam did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �os"`4s Penni Miller ACommission Number 787952 • • My Commission Expires rowF* January 20, 2027 (Expiration of notary's commission Notary Public does not invalidate this Instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF - ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 7 t h day of Ju 1 y •moo .•pPQq a :'� • 'VO 8 % o'. •`O Ij:ttf°� r�r's •FOR R4•;0 : *Cy 1933 aca: ; V' 2003 ; �;' �� •, �� ;; Secretary 202E POA 0018 (5/25) Page 963 of 1281 SECTION 00600 Page 1 of 4 PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 'lend -d- 1019340-q9 KNOW ALL BY THESE PRESENTS: That we, Eastern Iowa Directional Drillers, LLC , as Principal (hereinafter the "Contractor" or "Principal") and Merchants Nationai Bonding Inc 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 million, five hundred ninety-three thousand, two hundred sixty-three dollars and eight cents ($1,593,263.08), 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 30th day of June, 2026, (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 SOUTHWEST ARTERIAL / US 52 ITS CORRIDOR PROJECT detail the following described improvements: The scope of the project is as follows: provide for the installation and integration of Intelligent Transportation System (ITS) infrastructure throughout the Southwest Arterial corridor, including fiber optic communications infrastructure, traffic monitoring cameras, communications equipment, dynamic message signs (DMS), associated electrical and network infrastructure, conduit systems, handholes, cabinets, poles, and other related ITS technologies intended to improve traffic operations, incident management, traveler information, and corridor efficiency. The project includes a base bid and two alternate bid packages associated with installation of fiber optic communications systems, conduit and microduct infrastructure, traffic monitoring equipment, ITS field devices, and associated electrical and communications infrastructure throughout the corridor. 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 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, Page 964 of 1281 SECTION 00600 Page 2 of 4 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 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 to assure 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 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: Page 965 of 1281 SECTION 00600 Page 3 of 4 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 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 Page 966 of 1281 SECTION 00600 Page 4 of 4 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: SOUTHWEST ARTERIAL / US 52 ITS CORRIDOR Location: Southwest Arterial / US52 corridor, US20 to US61-151, Dubuque, Iowa Project Number: 5521000033 Witness our hands, in triplicate, this 7th SURETY COUNTERSIGNED BY: Signature of Agent Jena Wilwert Printed Name of Agent 501 Bell Street Company Address Dubuque, Iowa 52001 City, State, Zip Code 563-556-0272 Company Telephone Number PRINCIPAL: Eastern Iowa Directional Drillers LLC Contrac By gnature Travis Lamberton Printed Name NOTE: day of Ju 1 y , 2026. Title FORM APPROVED BY: Representative for Owner SURETY: Merchants National Bonding Inc Surety Company By: Sig re Attorney-i -F ct Officer Zachary Kemp Printed Name of Attorney -in -Fact Officer AssuredPartners - Dubuque Company Name 501 Bell Street Company Address Dubuque, Iowa 52001 City, State, Zip Code 563-556-0272 Company Telephone Number 1. All signatures on this performance, payment, and maintenance Bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. 3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. Page 967 of 1281 MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, and MERCHANTS NATIONAL INDEMNITY COMPANY, an assumed name of Merchants National Bonding, Inc., (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Elizabeth Martin; Eric DeSousa; Jena M Wilwert; Lauren Moser; Mark J Phalen; Paula Fitzgerald; Zachary Kemp their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and Is signed and sealed by facsimile under and by authority of the By -Laws adopted by the Board of Directors of the Companies. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such Intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this Znd day of April . 2026 MERCHANTS BONDING COMPANY (MUTUAL) SONG cp,*.. •-i%ONgI .• �o�iiNo •.• MERCHANTS NATIONAL BONDING, INC. gPOq'�,. `''R00"`p a SVFOI{ �ya� MERCHANTS NATIONAL INDEMNITY COMPANY : h : O Il RI ,p 1933 rC. :xt „ � v : 2003 ; ;. STATE OF IOWA COUNTY OF DALLAS ss. On this 2nd day of April 2026 before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he Is President of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed In behalf of the Companies by authority of their respective Boards of Directors. KVY'I 44 p Penni Miller , i Commission Number 787952 • • My Commission Expires lowA lanuary 20, 2027 (Expiration of notary's commission Notary Public does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing Is a true and correct copy of the POWER -OF - ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this % th day of Ju 1 Y , o�pltiG ... 4+t S O Mq ` •. . ��NhC 1ti0 : PP0# Gf:EiPO'Zi0% : .c OR Eyy. a .r•'t -o- d': .xi2 s^.C: SFr n. �u 9933 2003 ; w? ;." s: Secretary 202E POA 0018 (5/25) Page 968 of 1281 SECTION 00600 Page 1 of 4 PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 ion&zft lot9s4oa9 KNOW ALL BY THESE PRESENTS: That we, Eastern Iowa Directional Drillers, LLC , as Principal (hereinafter the "Contractor" or "Principal") and Merchants National Bonding Inc , 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 million, five hundred ninety-three thousand, two hundred sixty-three dollars and eight cents ($1,593,263.08), 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 30th day of June, 2026, (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 SOUTHWEST ARTERIAL / US 52 ITS CORRIDOR PROJECT detail the following described improvements: The scope of the project is as follows: provide for the installation and integration of Intelligent Transportation System (ITS) infrastructure throughout the Southwest Arterial corridor, including fiber optic communications infrastructure, traffic monitoring cameras, communications equipment, dynamic message signs (DMS), associated electrical and network infrastructure, conduit systems, handholes, cabinets, poles, and other related ITS technologies intended to improve traffic operations, incident management, traveler information, and corridor efficiency. The project includes a base bid and two alternate bid packages associated with installation of fiber optic communications systems, conduit and microduct infrastructure, traffic monitoring equipment, ITS field devices, and associated electrical and communications infrastructure throughout the corridor. 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 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, Page 969 of 1281 SECTION 00600 Page 2 of 4 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 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 to assure 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 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: Page 970 of 1281 SECTION 00600 Page 3 of 4 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 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 Page 971 of 1281 SECTION 00600 Page 4 of 4 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: SOUTHWEST ARTERIAL / US 52 ITS CORRIDOR Location: Southwest Arterial / US52 corridor, US20 to US61-151, Dubuque, Iowa Project Number: 5521000033 Witness our hands, in triplicate, this 7 th SURETY COUNTERSIGNED BY: Signature of Agent Jena Wilwert Printed Name of Agent 501 Bell Street Company Address Dubuque, Iowa 52001 City, State, Zip Code 563-556-0272 Company Telephone Number PRINCIPAL: Eastern Iowa Directional Drillers LLC Contracto B. ignature Travis Lamberton Printed Name NOTE: day of July , 2026. Title FORM APPROVED BY: Representative for Owner SURETY: Merchants National Bonding Inc Surety an, By: Sig re Attorne -in-Facto icer Zachary Kemp Printed Name of Attorney -in -Fact Officer AssuredPartners — Dubuque Company Name 501 Bell Street Company Address Dubuque, Iowa 52001 City, State, Zip Code 563-556-0272 Company Telephone Number 1. All signatures on this performance, payment, and maintenance Bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. 3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. Page 972 of 1281 MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, and MERCHANTS NATIONAL INDEMNITY COMPANY, an assumed name of Merchants National Bonding, Inc., (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Elizabeth Martin; Ede DeSousa; Jena M Wilwert; Lauren Moser; Mark J Phalen; Paula Fitzgerald; Zachary Kemp their true and lawful Attorneys) -in -Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and Is signed and sealed by facsimile under and by authority of the By -Laws adopted by the Board of Directors of the Companies, "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-In-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -In -Fact cannot be modified or revoked unless prior written personal notice of such Intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 2nd day of April . 2026 MERCHANTS BONDING COMPANY (MUTUAL) �piN3 Cps. •*S%ON,j� �oNurtic MERCHANTS NATIONAL BONDING, INC. G : ?ogr0ip Bp ; �t oRNF?y�� MERCHANTS NATIONAL INDEMNITY COMPANY w.ri n• By :� ••y, D� STATE OF IOWA COUNTY OF DALLAS ss. On this 2nd day of April 2026 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �oY,"tis Penni Miller , 0 P Commission Number 787952 • • My Commission Expires xowA January 2.0, 2027 CRN-",� (Expiration of notary's commission Notary Public does not invalidate this Instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF - ATTORNEY executed by sald Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 7 t h day of July •oap\NGCpA •AStUNq` `aev�ik0 O Ij:tyA :k.,CjOR Rq�,O�. :?T(yVF R��7ya: v. 1933 icC' sv°: 2003:D 2026 POA 0018 (5/25) Page 973 of 1281 ,4�o�Ro0 CERTIFICATE OF LIABILITY INSURANCE DATA/7IZO26YYY) 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 AssuredPartners Great Plains, LLC PO Box 759 CONTACT Jena Wilwert PHONE FAX A/C No Ext : 563-556-0272 A/C No): 563-585-2790 Dubuque IA 52004-0759 ADORLEss: ena.wilwertassured artners.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Union Insurance Company 25844 License#: 1001000272 INSURED EASTIOW-16 INSURER B : Eastern Iowa Directional Drillers LLC 3902 291 st St INSURER C : INSURERD: Camanche IA 52730 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER:369150653 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMfDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CPA3316074-20 9/26/2025 9/26/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE 1 OCCUR DAMAGE PREMISES TOEaoRENTEDccurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- LOC POLICY � PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY CPA3316074-20 9/26/2025 9/26/2026 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED Ix NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAR X OCCUR CPA3316074-20 9/26/2025 9/26/2026 EACH OCCURRENCE $ 5,000,000 P AGGREGATE s 5,000,000 EXCESS LIAR CLAIMS-MADE DED X RETENTION$ n $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N/A WCA3316144-20 9/26/2025 9/26/2026 X STATUTE EORH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project #5521000033 Southwest Arterial / US 52 ITS Corridor Project, Dubuque, Iowa Policy includes CG0001. 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 is listed as additional insured on the General Liability including primary and non-contributory basis including ongoing operations. Waiver of Subrogation is included in favor of the additional insured on the general liability, auto liability and workers' compensation. 30-Day Notice of Cancellation in favor of the certificate holder on the above policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Dubuque ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Engineering Dept AUTHORIZED REPRESENTTIVE 50 W 13th Street Dubuque IA 52001 r�7��"�(�.!!' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 974 of 1281 COMMERCIAL GENERAL LIABILITY CL CG 04 92 10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Provision Name Of Coverage Extension Included or Limit of Insurance A. Miscellaneous Additional Insureds Included B. Expected Or Intended Injury Or Damage Included C. Knowledge Of Occurrence Included D. Legal Liability — Damage To Premises Rented To You (Fire, Lightning, Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) $300,000 E. Medical Payments See Declarations F. Mobile Equipment Redefined Included G. Newly Formed Or Acquired Organization, Partnership Or Limited Liability Company And Extended Period Of Coverage Included H. Who Is An Insured — Amendment Included I. Non -Owned Watercraft (Increased to maximum length of less than 51 feet Included J. Supplementary Payments — Increased Limits 1. Bail Bonds 2. Loss Of Earnings $ 3,000 $ 1,000 K. Unintentional Omission Or Unintentional Error In Disclosure Included L. Waiver Of Transfer Of Rights Of Recovery Against Others Included M. Liberalization Clause Included N. Incidental Medical Malpractice Included The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. The provisions of the Commercial General Liability in writing in a contract or agreement that such Coverage Part apply except as otherwise provided in person or organization be added as an this endorsement. This endorsement applies only if additional insured on your policy, provided such Coverage Part is included in this policy. that: A. MISCELLANEOUS ADDITIONAL INSUREDS a. The written contract or written agreement is: 1. Section II — Who Is An Insured is amended to include as an insured any person or (1) Currently in effect or becoming organization (referred to as an additional effective during the term of this policy; insured below) described in Paragraphs and A.1.c.(1) through A.1.c.(9) below when you (2) Fully executed by you and the and such person or organization have agreed additional insured prior to the "bodily CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 8 g o with its permission N Page 975 of 120 you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant in that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. (3) Mortgagee, Assignee Or Receiver A mortgagee, assignee, or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a covered premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. (4) Owners Or Other Interests From Whom Land Has Been Leased An owner or other interest from whom land has been leased to you but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land. (b) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. (5) Lessor Of Leased Equipment Any person(s) or organization(s) from whom you lease equipment but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). A person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement withul you for such leased equipment ends. This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (6) State, Municipality, Governmental Agency Or Subdivision Or Other Political Subdivision — Permits Or Authorizations Relating To Premises Any state, municipality, governmental agency or subdivision or other Political subdivision subject to the following additional provisions: (a) This insurance applies only with respect to: (i) The following hazards for which the state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: 0.1) The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or (1.2) The construction, erection or removal of elevators; or (1.3) The ownership, maintenance or use of any elevators covered by this insurance. (ii) Operations performed by you or on your behalf for which the state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization. M. LO a CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 8 0 with its permission N Page 976 of 1283_ in the usual course of business, in connection with the distribution or sale of the products. (b) This insurance does not apply to any insured person or organization, from whom you have acquired products, or any ingredient, part or container, entering into, accompanying or containing such products. 2. With respect to coverage provided by this Provision A. Miscellaneous Additional Insureds, the following additional provisions apply: a. Any insurance provided to an additional insured designated under Paragraphs A.1.c.(1) through A.1.c.(8) above does not apply: (1) To "bodily injury" or "property damage" included within the "products -completed operations hazard"; or (2) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. b. The insurance afforded to such additional insured only applies to the extent permitted by law. c. The insurance afforded to such additional insured will not be broader than that which you are required to provide by the written contract or written agreement. 3. With respect to the insurance afforded to the additional insureds within this Provision A. Miscellaneous Additional Insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contractor written agreement; or b. Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. B. EXPECTED OR INTENDED INJURY OR , ? DAMAGE Exclusion 2.a. Expected Or Intended Injury of Section I — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following: a. Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. C. KNOWLEDGE OF OCCURRENCE Paragraph 2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an 'occurrence" or an offense which may result in a claim only when the 'occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A manager, if you are a limited liability company; or (4) An "executive officer" or the "employee" designated by you to give such notice, if you are an organization other than a partnership or a limited liability company. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (ii) The names and addresses of any injured persons and witnesses; and (iii) The nature and location of any injury or damage arising out of the 'occurrence" or offense. D. LEGAL LIABILITY — DAMAGE TO PREMISES RENTED TO YOU (Fire, Lightning, Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) If damage to premises rented to you is not otherwise excluded from this policy or coverage part, then the following provisions apply: 1. Under Section I — Coverage A — Bodily This endorsement shall not increase the Injury And Property Damage Liability, the applicable Limits Of Insurance shown in the last paragraph (after the exclusions) is deleted Declarations. and replaced by the following: a CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 8 g a with its permission N Page 977 of 128V C. Majority interest of more than 50% as an owner of a newly acquired or formed limited liability company; will qualify as a Named Insured if there is no other similar insurance available to that organization. However, for these organizations: (i) Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, partnership or limited liability company, or the end of the policy period, whichever is earlier; (ii) Section I — Coverage A — Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization, partnership or limited liability company; (III) Section I — Coverage B — Personal And Advertising Injury Liability does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization, partnership or limited liability company; (iv) Coverage applies only when operations of the newly acquired organization, partnership or limited liability company are the same or similar to the operations of insureds already covered under this insurance; (v) Coverage only applies for those limited liability companies who have established a date of formation as recorded within the filed state articles of organization, . certificates of formation or certificates of organization; and (vi) Coverage only applies for those partnerships who have established a date of formation as recorded within a written partnership agreement or partnership certificate. H. WHO IS AN INSURED — AMENDMENT The last paragraph of Section II — Who Is An Insured is deleted and replaced by the following: No person or organization is an insured with respect to the conduct of any: a. Current partnership or limited liability company, unless otherwise provided for under Paragraph 3. of Section II — Who Is An Insured; b. Current joint venture; or C. Past partnership, joint venture or limited liability company; that is not shown as a Named Insured in the Declarations. I. NON -OWNED WATERCRAFT Subparagraph (2) of Exclusion 2.g. Aircraft, Auto Or Watercraft of Section I — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge. J. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS Section I — Supplementary Payments — Coverages A And B is changed as follows: 1. The limit shown in Paragraph 1.b. for the cost of bail bonds is changed from $250 to $3,000; and 2. The limit shown in Paragraph 1.d. for loss of earnings because of time off from work is changed from $250 a day to $1,000 a day. K. UNINTENTIONAL OMISSION OR UNINTENTIONAL ERROR IN DISCLOSURE The following provision is added to Paragraph 6. Representations of Section IV — Commercial General Liability Conditions: However, the unintentional omission of, or unintentional error in, any information given or provided by you shall not prejudice your rights under this insurance. This provision does not affect our right to collect additional premium or to exercise our right of cancellation or non -renewal. L. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" and included in the "products -completed operations hazard" when you have agreed in a written contract or written agreement that any right of recovery is waived for such person or organization. This waiver applies only to the CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 7 of 8 0 Page 978 of 12$ COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OWNER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. 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 co N_ CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Page 979 of 128`P COMMERCIAL GENERAL LIABILITY CG20391219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE® ® OWNERS, LESSEES OR CONTRACTORS ® AUTOMATIC STATUS WHEN REQUIRE® IN WRITTEN CONSTRUCTION AGREEMENT WITH YOU (COMPLETE® OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you have performed operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" performed for that additional insured and included in the "products -completed operations hazard". However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable limits of insurance; whichever is less, This endorsement shall not increase the applicable limits of insurance. CG 20 39 12 19 © Insurance Services Office, Inc., 2018 3 _N t O Page 1 of 1 Page 980 of 1281r, COMMERCIAL GENERAL LIABILITY CL CG 00 59 06 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COM M ERCI aL cGENER � L UABUTY ENDORSEM ENT This endorsement modifies insurance provided under the following. - COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Provision Name Of Coverage Extension Included or Limit of Insurance A. Property Damage to Borrowed Equipment and Tools $15,000 B. Construction Project General Aggregate Limit Included C. Limited Job Site Pollution $100,000 D. Contractual Liability - Railroads Included E. F. Extended Property Damage Extension of Coverage to Co -Employee $25,000 Per Occurrence/ $50,000 Annual Aggregate Included A. PROPERTY DAMAGE TO BORROWED EQUIPMENT AND TOOLS 1. Section I - Coverages - coverage A Bodily Injury and Property Damage Liability Paragraph 2.j. is amended as follows: Paragraphs 2.j.(3) and 2.j.(4) of this exclusion do not apply to tools or equipment loaned to you, provided they are not being used to perform operations at the time of loss. 2. In regards to coverage provided under A.I. of this endorsement only, Section III - Limits of Insurance is deleted and replaced by the following: The most we will pay in any one 'occurrence" for "property damage" to borrowed equipment and tools is the amount shown in the Schedule above. This limit of insurance is the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Deductible In regards to coverage provided under A.1. of this endorsement only, the following apply: who sustain damages because of that "occurrence". b. The terms of this insurance, including those with respect to our right and duty to defend the insured against any "suits" seeking those damages; and your duties in the event of an "occurrence", claim, or "suit" apply irrespective of the application of the deductible amount. c. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken; you shall promptly reimburse us for such part of the deductible amount as we have paid. B. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Coverage A (Section 1), and for all medical expenses caused by accidents under Coverage C (Section 1), which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: A Single Construction Project General Aggregate Limit applies to each a. Our obligation to pay damages on behalf construction project away from premises of the insured applies only to the amount owned by or rented to the insured, and of damages in excess of $250 as that limit is equal to the amount of the applicable to "property damage" as the General Aggregate Limit shown in the result of any one 'occurrence", regardless Declarations. of the number of persons or organizations Page 1 of 4 Includes copyrighted material of Insurance Services CL CG 00 59 06 20 Office, Inc., with its permission - Page 981 of 1281 (a) Request, demand, order or statutory or regulatory requirement issued or made pursuant to any environmental protection or environmental liability statutes or regulations that any insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for those sums the insured becomes legally obligated to pay as damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. 2. With respect to "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. The "Each Occurrence Limit" shown in the Declarations does not apply. b. Paragraph 7. Of Section III - Limits of Insurance does not apply. c. Paragraph 1. of Section III - Limits of Insurance is replaced by the following: The Limits Of Insurance shown in this endorsement, or in the Declarations and the rules below fix the most we will pay regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". d. The following are added to Section III - Limits of Insurance: policy and subject to the Medical Expense Limit shown in the policy; because of "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" is $100,000. D. CONTRACTUAL LIABILITY - RAILROADS For the purposes of the coverage provided under this endorsement, Section V - Definitions is amended as follows: Definition 9. Insured Contract is amended as follows: 1. Paragraph 9.c. is deleted in its entirety and replaced with the following: Any easement or license agreement; 2. Paragraph 9.f.(1) is deleted in its entirety. E. EXTENDED PROPERTY DAMAGE The following is added to Section I - Coverages, Coverage A - Bodily Injury and Property Damage Liability: 1. We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" to: a. Personal property of others while in the care, custody and control of the insured; or b. That particular part of real property on which you or any contractors or subcontractor working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations. For the purposes of the coverage provided by the Extended Property Damage only, Exclusions j.(4), j.(5) and j.(6) are deleted in their entirety. 2. The amount we will pay for damages under the Extended Property Damage coverage is limited to the Per Occurrence and Annual Aggregate limits shown in the Schedule above. 3. The insurance provided by the Extended Property Damage coverage does not apply to "property damage" included within the "products -completed operations hazard", the "collapse hazard", the "explosion hazard", or the "underground property damage hazard". (1) Subject to paragraph 2. or 3., 4. A deductible of $500 per claim is applicable to whichever applies, the most we will the Extended Property Damage coverage. pay for the sum of: The deductible does not reduce the limit of (a) Damages under Coverage A; insurance. and 5. For the purposes of the coverage provided (b) Medical expenses under under the Extended Property Damage, the Coverage C, if Coverage C - following definitions are added to Section V - Medical Payments is not Definitions: otherwise excluded from this Page 3 of 4 Includes copyrighted material of Insurance Services CL CG 00 59 06 20 Office, Inc., with its permission Page 982 of 1281 CW 33 58 06 24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GOVERNMENTAL ENTITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART CrhniJnl� Municipality: City of Dubuque Mailing Address: 50 W 13TH ST Dubuque, IA 52001 no entry appears above, information required to complete this endorsement will be shown in the DeclaratinnG as cyy "aum LU uns endorsement.) The following provisions are added to the coverage part listed above: A. ADDITIONAL INSURED PROVISION The Municipality shown in the schedule, 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 included as Additional Insureds with respect to liability arising out of the insured's work and/or services performed for the municipality shown in the Schedule. This coverage shall be primary to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional Insureds, whether other available coverage is primary, contributing or excess. B. GOVERNMENTAL IMMUNITIES PROVISION 1. Nonwaiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the municipality shown in the Schedule as an Additional Insured does not waive any of the defenses of governmental immunity available to them under Code of Iowa Section 670.4 or 669.14 as they now exist and as they may be amended from time to time, nor does the inclusion of the municipality shown in the Schedule as an Additional Insured waive any sovereign immunity as applicable or available under the Constitution of the State of Iowa. 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 or 669.14 as they now exist and as they may be amended from time to time, and not subject to the defense of sovereign immunity under the Constitution of the State of Iowa. 3. Assertion of Government Immunity. The municipality shown in the Schedule 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 municipality shown in the Schedule. 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 to the municipality shown in the Schedule 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 municipality. 5. No Other Change in Policy. The insurance carrier and the municipality shown in the Schedule agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. C. CANCELLATION AND MATERIAL CHANGES PROVISION Thirty (30) days Advance Written Notice of Cancellation, ten (10) days Written Notification of Cancellation due to non-payment of premium, and forty-five (45) days Advance Written Notification of Non -Renewal shall be sent to the address shown in the Schedule. This CW 33 58 06 24 Includes copyrighted material of Insurance Services Page 1 of 2 Office, Inc., with its permission Page 983 of 1281 H'•_ COMMERCIAL AUTO CL CA 20 92 12 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BUSINESS AUTO ENHANCEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVFRo[,F Frrl~2Uc1nntc Paragraph No. Name of Coverage Extensions v g Limit or Included A Additional Insured by Contract Or Agreement Including Primary and Noncontributory Other Insurance Condition Included B. Airbags - Extended Coverage Included C. Audio, Visual & Data Electronic Equipment Coverage (Including Telematics Tracking Equipment) $1,000 D. Auto Loan/Lease Gap Coverage $2,500 E. Autos Rented by Employees Included F. Bail Bonds - Extended Coverage $5,000 G. Broad Form Named Insured Including Newly Acquired or Formed Organizations Included H. Custom Signs & Decorations Included I. Employees as Insureds Included J. Fellow Employee Coverage Included K. Glass Repair— No Deductible Included L. Hired Auto Physical Damage and Increased Loss of Use Expenses Loss of use (Per Day / Maximum) $100,000 $500 / $3,500 M. Knowledge Of An Accident, Claim, Suit Or Loss Included N. Loss Of Earnings - Extended Coverage $1,000 O. Rental Reimbursement Coverage Maximum Rental Expenses Per Day $75 Maximum Rental Expenses Because Of Loss To Any One Covered 'Auto" $3,375 Maximum Rental Expenses Because Of Loss To All Covered "Autos" In Any One Policy Period $15,000 P. Resultant Mental Anguish Included Q. Towing And Labor Coverage Extension $100 R. Transportation Expenses - Coverage Extension ( Per Day / Maximum) $75 / $2,500 S. Unintentional Failure To Disclose Hazards Included T. Waiver Of Subrogation By Contract Or Agreement Included N CL CA 20 92 12 22 Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 1 of 6 0 UD N Page 984 of 1281 C (3) An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or; (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. 2. In the event of a "loss" to a covered "auto", the most we will pay for "loss" to global positioning systems and "telematics devices" in any one covered "auto" is the lesser of: a. The actual cash value of the damaged or stolen property at the time of loss; b. The cost of repairing or replacing damaged or stolen property with other property of like kind and quality; or c. $1,000 3. For each covered "loss", a deductible of $100 shall apply. "Telematics Devices" include devices that are not installed by the vehicle manufacturer and that are designed for the collection and dissemination of data for the purpose of monitoring vehicle and/or driver performance. This includes global positioning systems and wireless safety communication devices. Cellular, mobile and smart phones are not considered global positioning systems or "telematics devices" for purposes of this coverage provision. D. AUTO LOAN/LEASE GAP COVERAGE The following is added to Section III — Physical Damage Coverage, Paragraph C.: In the event of a total "loss" to a covered "auto", we will pay up to $2,500 on the unpaid amount due on the lease orloan for a covered "auto", less: The amount paid under the Physical Damage Coverage section of the policy; and any: 1. Overdue or any deferred lease/loan payments at the time of the "loss"; 2. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; 3. Security deposits not returned by the lessor; 4. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and 5. Carry-over balances from previous loans or leases. Coverage provided under this extension will be excess over any other collectible insurance including, but not limited to, any coverage provided by or purchased from the lessor or any financial institution. However, this provision does not apply to the extent loan/lease gap coverage has been provided by separate endorsement to this policy. E. AUTOS RENTED BY EMPLOYEES The following is added to Section II — Covered Autos Liability Coverage, Paragraph A.1.: The following is added to the Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business F. BAIL BONDS - EXTENDED COVERAGE Section II — Covered Autos Liability Coverage, Paragraph A.2.a.(2) is deleted and replaced by the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. G. BROAD FORM NAMED INSURED INCLUDING NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following is added to sub paragraph Al. Who Is An Insured of Section II — Covered Autos Liability Coverage: For any covered "auto"; Any organization, other than a partnership, joint venture or limited liability company, over which you maintain ownership or majority interest of more than 50 percent on the effective date of this endorsement and for 01 0 CL CA 20 92 12 2.2 Includes copyrighted material of Insurance Services Page 3 of 6 N nffirpc Inr. with Nz narmiccinn Page 985 of 1281 ., include the following: If hired "autos" are covered "autos" for Liability Coverage under this policy and if Physical Damage Comprehensive Coverage, Physical Damage Specified Causes Of Loss Coverage, or Physical Damage Collision Coverage is provided under this policy for any "auto" you own, then such Physical Damage Coverages are extended to apply to "autos" you lease, hire, rent or borrow without a driver, subject to the following provisions: 1. This extension is only available for "autos" you lease, hire, rent or borrow for less than 30 consecutive days. 2. The most we will pay in any one "loss" is the least of $100,000, the actual cash value of the "auto" or the cost to repair or replace the "auto", except that such amount will be reduced by a deductible to be determined as follows: The deductible shall be equal to the amount of the highest deductible shown for any owned "auto" of the same classification for that coverage. In the event there is no owned "auto" of the same classification, the highest deductible for any owned "auto" will apply for that coverage. 3. Coverage provided under this extension will be excess over any other collectible insurance you have. Paragraphs 1 through 3 above do not apply if separate Hired Auto Physical Damage is indicated in the declarations. For "autos" you lease, hire, rent or borrow covered under this Hired Auto Physical Damage Coverage extension or under separate coverage provided in the declarations, the limits in subparagraph b. Loss Of Use Expenses under paragraph 4. Coverage Extensions as found in paragraph A. Coverage of SECTION III — PhIYSICAL DAMAGE COVERAGE, are increased to $500 per day, to a maximum of $3, 500. M. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT OR LOSS The following is added to Section IV Business Auto Conditions, Paragraph A.2.: partner, an executive officer or an employee designated by you to give us such notice. Notice of an "accident" or "loss" to your Workers' Compensation insurer, for an event which later develops into a claim for which there is coverage under this policy, shall be considered notice to us, but only if we are notified as soon as you know that the claim should be addressed by this policy, rather than your Workers' Compensation policy. N. LOSS OF EARNINGS - EXTENDED COVERAGE Section II — Covered Autos Liability Coverage, Paragraph A.2.a.(4) is deleted and replaced by the following: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $1,000 a day because of time off from work. 0. RENTAL REIMBURSEMENT COVERAGE 1. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductible applies to this coverage. This coverage is only available to those covered "autos" involved in a "loss" and Physical Damage is provided to the covered "auto". 2. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the expiration date of the policy, with the lesser of the following; a. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 45 days. 3. Our payment is limited to the lesser of the following amounts: Notice of an "accident" or "loss" will be a. Necessary and actual expenses considered knowledge of yours only if incurred. reported to you, if you are an individual, a b. The maximum rental expenses 0 CL CA 20 92 12 22 Includes copyrighted material of Insurance Services Page �i Of 6co Offirnq Inc with it- narmiccinn Page 986 of 1281 co N WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 04 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 Any person or organization when you and such person or organization have agreed in a written, signed, or executed contract or agreement that such person or organization be added as waiver of subrogation to your policy. 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 09/26/2025 Insured Eastern Iowa Directional Drillers LLC Insurance Company: Union Insurance Company Policy No. WCA 3316144 21 Countersigned by Endorsement No. Premium WC 00 03 13 04 84 © 1983 National Council on Compensation Insurance Page 1 of 1 Page 987 of 12811 SECTION 00750 Page 2 of 3 PROJECT INFORMATION REQUIREMENTS FOR STATE OF IOWA SALES TAX EXEMPTION CERTIFICATES FOR CONTRACTORS & SUBCONTRACTORS Submitting Department: Engineering Department Contact: David Ness Project CIP Number(s): 5521000033 Please complete this form in its entirety and submit along with the executed Contract, Bonds and Certificate of Insurance. Upon receipt, the City Finance Department will work with the Iowa Department of Revenue to issue Sales Tax Exemption Certificates to the approved contractor(s) to allow for the purchase or inventory withdrawal of materials for the specified Project free from State of Iowa Sales Tax. Sales tax exemption certificates are not provided to material suppliers. The Contractor and subcontractors can provide copies of the sales tax exemption certificates issued by the City to individual material suppliers. Project Name: Southwest Arterial / US 52 ITS Corridor Project Project Description: Provide for the installation and integration of Intelligent Transportation System (ITS) infrastructure throughout the Southwest Arterial corridor, including fiber optic communications infrastructure, traffic monitoring cameras, communications equipment, dynamic message signs (DMS), associated electrical and network infrastructure, conduit systems, handholes, cabinets, poles, and other related ITS technologies intended to improve traffic operations, incident management, traveler information, and corridor efficiency. The project includes a base bid and two alternate bid packages associated with installation of fiber optic communications systems, conduit and microduct infrastructure, traffic monitoring equipment, ITS field devices, and associated electrical and communications infrastructure throughout the corridor. Start Date (Bid Opening Date): June 11, 2026 Final Completion Date: December 1, 2026 1. General Prime Contractor: Eastern Iowa Directional Drillers, LLC Contact Name: Complete Address: (Include PO Box and Street Information) 3902 291 st Street City, State, Zip Code Camanche, Iowa 52730 Telephone Number: 563-249-5936 Federal I.D. Number: (or Include Social Security Number) 46-1156699 Work Type to be Completed: Directional Drilling/ entirety of job. Page 988 of 1281 SECTION 00750 Page 3 of 3 2. Subcontractor: Schneider Land Surveying & Planning, INC. Complete Address: (Include PO Box and Street Information) P.O. Box 128 906 1 st Street N. City, State, Zip Code Farley, Iowa 52046 Telephone Number: 563-744-3631 Federal I.D. Number: (or Include Social Security Number) 42-1565222 Work Type to be Completed: Survey Construction Staking 3. 1 Subcontractor: Stevenson Construction Services, LLC Complete Address: (Include PO Box and Street Information) 679 74th Ave. City, State, Zip Code Pleasantville, Iowa 50225 Telephone Number: 641-203-9370 Federal I.D. Number: (or Include Social Security Number) 46-1967790 Work Type to be Completed: Installing fiber optic cable 4. Subcontractor: Westphal Electric D.B.A./Globalcom Tech Complete Address: (Include PO Box and Street Information) P.O. Box 7428 City, State, Zip Code Madison, Wisconsin 53707-7428 Telephone Number: 563-690-0584 Federal I.D. Number: (or Include Social Security Number) 39-0857582 Work Type to be Completed: Fiber splicing 5. Subcontractor: Biechler Electric, INC. Complete Address: (Include PO Box and Street Information) P.O. Box 1568 7762 Wildnest Lane City, State, Zip Code Dubuque, Iowa 52004 Telephone Number: 563-583-5366 Federal I.D. Number: (or Include Social Security Number) 42-1040562 Work Type to be Completed: Electrical ==== END OF SECTION 00750 ==== Page 989 of 1281 SECTION 00775 Page 2 of 2 SITE CONDITION INFORMATION SECTION 00775 775.1 SUBSURFACE CONDITIONS In the preparation of the Contract Documents, the Engineer relied upon the following report(s) and drawing(s) of explorations and tests of subsurface conditions at the Site: 1) Geotechnical Engineering Report: Report Prepared by: Title: Date: Pages: Download: The technical data in the above report(s), upon which the Contractor may rely, consists of boring logs, test results, and boring locations all as of the date made. Engineer accepts no responsibility for accuracy of the soil data or water level information. Soil information, included with these Contract Documents, was not obtained for the purposes of designing excavations and trenches. Soil information was used by Engineer for design purposes only. Contractor shall assure itself by personal examination as to subsurface conditions and shall provide its own investigations and make its own assumptions to comply with OSHA and any other applicable laws and regulations regarding excavation and trenching requirements. 775.2 PHYSICAL CONDITIONS In the preparation of the Contract Documents, the Engineer relied upon the following drawing(s) of physical conditions in or relating to existing surface and subsurface structures (except underground facilities) which are at or contiguous to the Site: 1) Drawings prepared by: Prepared by: HDR - 1917 S. 67'h Street, Omaha, NE 68106 Title: Southwest Arterial / US 52 ITS Corridor Project Date: May 22, 2026 Pages: All Download.- 2) Sanborn Fire Insurance Map: NONE OF THE CONTENT OF SUCH DRAWINGS INCLUDE TECHNICAL DATA ON WHICH THE CONTRACTOR MAY RELY. Page 990 of 1281 775.3 HAZARDOUS ENVIRONMENTAL CONDITIONS In the preparation of the Contract Documents, the Engineer relied upon the following reports(s) known to the owner of hazardous environmental conditions at the Site: 1) Phase I Environmental Site Assessment Study: Prepared by: Title: Date: Pages: Download: 2) Phase II Environmental Site Assessment Study: Prepared by: Title: Date: Pages: Download: 3) Soil and Groundwater Management Plan: Prepared by: Title: Date: Pages: Download: The technical data in the above report(s), upon which the Contractor may rely, consists of test results all as of the date made. Contractor must not remove, disturb, or remediate any Hazardous Environmental Conditions encountered, uncovered or revealed at the Project Area, unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of work. ==== END OF SECTION 00775 ==== Page 991 of 1281 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 fully completed by December 1, 2026. MILESTONE DATES: In addition to the required Final Completion Dates, there are milestones by which certain items of work must be completed. See General Requirements for milestone requirements. Milestone 1 — Final Completion Milestone 2 12-1-2026 11 11 1111 In general, the following contract completion Milestone shall be followed. a. Milestone 1 Completion: b. Milestone 2 Completion: 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 Page 992 of 1281 SECTION 00800 Page 2 of 2 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, $500.00 per calendar day, not as a penalty but as predetermined and Agreed Cost of Delay until Substantial Completion requirements are met. B. For each calendar day that any work remains uncompleted beyond the Final Completion date the contractor will be assessed and shall pay, $500.00 per calendar, not as a penalty but as predetermined and Agreed Cost of Delay until Final 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. 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 =___ Page 993 of 1281 SECTION 00900 Page 1 of 1 EROSION CONTROL CERTIFICATION SECTION 00900 Dated: 07/09/2026 City: City of Dubuque Address: 50 W 13'h Street Dubuque, IA 52001 Project: Southwest Arterial / US 52 ITS Corridor Project Contract No. 5521000033 Description: Scope of project: provide for the installation and integration of Intelligent Transportation System (ITS) infrastructure throughout the Southwest Arterial corridor, including fiber optic communications infrastructure, traffic monitoring cameras, communications equipment, dynamic message signs (DMS), associated electrical and network infrastructure, conduit systems, handholes, cabinets, poles, and other related ITS technologies intended to improve traffic operations, incident management, traveler information, and corridor efficiency. The project includes a base bid and two alternate bid packages associated with installation of fiber optic communications systems, conduit and microduct infrastructure, traffic monitoring equipment, ITS field devices, and associated electrical and communications infrastructure throughout the corridor. 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: Eastern Iowa Directional Drillers, LLC (Authorize ignature) Owner (Title) END OF SECTION 00900 Page 994 of 1281