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Improvement Contract/Bond_Portzen Construction_English Mill Road/NCR Water Main Ext Project Copyrighted July 17, 2017 City of Dubuque Consent Items # 31. ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance Bonds SUMMARY: Drew Cook& Sons Excavating Co., Inc. for the 2017 Windsor Sanitary Sewer Manhole Project; Portzen Construction, Inc. for the Water System Improvements 2017 Contract A (English Mill Road/North Cascade Road Water Main Ext.); Portzen Construction, Inc. for the Water System Improvements 2017 Contract B (English Mill Road Pumping Facility). SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Contract/Bond - Drew Cook& Sons Excavating Supporting Documentation Contract/Bond - Portzen Construction for Contract A Supporting Documentation Contract/Bond - Portzen Construction for Contract B Supporting Documentation PUBLIC IMPROVEMENT CONTRACT SECTION 00500 WATER SYSTEM IMPROVEMENTS 2017 CONTRACT A ENGLISH MILL ROAD & NORTH CASCADE ROAD WATER MAIN EXTENSION THIS IMPROVEMENT CONTRACT (the Contract), made in quadruplicate, dated for reference purposes the 17th day of June, 2017, between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and Portzen Construction, Inc. (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 Water System Improvements 2017 Contract A English Mill Road & North Cascade Road Water Main Extension (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: Not Applicable 7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2015 Edition. 8. CITY OF DUBUQUE Supplemental Specifications 2015 Edition. 9. Other Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual h 10.Special Provisions included in the project Contract Document Manual. 11. Drawings consisting of sheets bearing the following general title: Water System Improvements 2017 Contract A English Mill Road & North Cascade Road Water Main Extension .12.Addenda (numbers 1 through 3, 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). a I l I I I 17. Erosion Control Certificate (Section 00900). 18.Consent Decree (Section 01000). 19.SRF Requirements (Section 02000). 20. Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages 1 through 7, inclusive). b. SRF Required Forms: - Certification of Non-Segregated Facilities - Certification Regarding Debarment, Suspension, Other Responsibility Matters - Disadvantaged Business Enterprise (DBE) Solicitation - DBE Subcontractor Performance Form - DBE Subcontractor Utilization Form c. Bidder Status Form (Section 00460). d. Contractor Background Information Form (Section 00471) (on file with city) e. None. 21.The following which may be delivered or issued on or after the Effective Date of the Agreement: a. Notice to Proceed (Section 00850). b. Project Certification Page (Section 00102). c. Change Orders (Not attached to this agreement).. There are no other Contract Documents. The Contract Documents may only be amended, modified, or supplemented as provided in General Conditions. 3. All materials used by the Contractor in the Project must be of the quality required by the Contract Documents and must be installed in accordance with the Contract Documents. 4. The Contractor must remove any materials rejected by the City as defective or improper, or j any of said work condemned as unsuitable or defective, and the same must be replaced or redone to the satisfaction of the City at the sole cost and expense of the Contractor. 5. Five percent (5%) of the Contract price will be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Council to pay any claim by any party that may be filed for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are h 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. ti I 7. In addition to any warranty provided for in the specifications, the Contractor must also fix any other defect in any part of the Project, even if the Project has been accepted and fully k, Y i R paid for by the City. The Contractor's maintenance bond will be security for a period of two years after the issuance of the Certificate of Substantial Completion. 8. The Contractor must fully complete the Project under this Contract on or before the date indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract Documents. 9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law, Contractor shall defend; indemnify and hold harmless City, its officers and employees, from and against all claims, damages, losses and expenses claimed by third parties, but not including any claims, damages, losses or expenses of the parties to this Contract, including but not limited to attorneys' fees, arising out of or resulting from performance of this Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of Contractor, or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 10. The Contractor hereby represents and guarantees that it has not, nor has any other person for or in its behalf, directly or indirectly, entered into any arrangement or Contract with any other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or public officer any sum of money or anything of value whatever in order to obtain this Contract; and it has not, nor has another person for or in its behalf directly or indirectly, entered into any Contractor arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the award of this Contract and agrees that in case it hereafter be established that such representations or guarantees, or any of them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but in no event less than $2,000.00 (Two Thousand Dollars) to the City. 11. The surety on the Bond furnished for this Contract must, in addition to all other provisions, be obligated to the extent provided for by Iowa Code 573.6 relating to this Contract, which ii provisions apply to said Bond. 12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of Substantial Completion has been issued by the City, it will keep and maintain the Project in ti good repair for a period of two (2) years. 13. The Project must be constructed in strict accordance with the requirements of the laws of the State of Iowa, and the United States, and ordinances of the City of Dubuque, and in accordance with the Contract Documents. A. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C. 1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and Department of Labor Regulations (29 CFR, Part 5). B. The City and the Contractor agree to comply with all provisions of the Davis-Bacon i Federal Prevailing Wage Act, if applicable, and related labor requirements and a regulations and the Federal Wage Determination for this Project. k I I C. 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). D. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. CONSENT DECREE RELATING TO THE PROJECT 14. THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE APPLICABLE. i CITY x CONTRACTOR THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS I SECTION ARE NOT APPLICABLE. G i The City has entered into a Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms S and corporations under contract with the City to perform the obligations of the Consent Decree. y The City is required. to provide a copy of the Consent Decree to any contractor or consultant retained to perform work required by the Consent Decree. A copy of the Consent Decree is included in the Contract Documents and can be viewed at htt :/fw cit ofdubu ue.or /Do umentCenterlHome/Viewl3173. A hard copy is available upon request at the City's Engineering Department Office. The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. The Consent Decree also provides that until five (5) years after the termination of the Consent Decree, the City must retain, and must instruct its contractors and agents to preserve, all non-identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's i a f I i performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information-retention period, upon request by the United States or the State, the City must provide copies of any documents, reports, analytical data, or other information required to j be maintained under the Consent Decree. At the conclusion of the information-retention period, the City must notify the United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City must deliver any such documents, records, or other information to the EPA or IDNR. CERTIFICATION BY CONTRACTOR The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor, certifies to the City of Dubuque as follows: 'i 1. I have received a copy of the Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90- 5-1-1-09339, United States District Court for the Northern District of Iowa. I 2. All work performed will be in conformity with the provisions of the Consent Decree. 3. All documents reports, data, records, or other information (including documents, records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. i 4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims, including penalties, costs and fees as provided in the Consent Decree, relating to or arising out of the Contractor's failure to comply with the Consent Decree. i CONTRACTOR: Portzen Construction, Inc. i By E Signat re I Michael J. Portzen Printed Name Vice President Title _ I Date I 6' I i 4 4p it 1„ 4 4 I i i I i THE CITY AGREES: 15. Upon the completion of the Contract, and the acceptance of the Project by the City Council, and subject to the requirements of law, the City agrees to pay the Contractor as full compensation for the complete performance of this Contract, the amount determined for the total work completed at the price(s) stated in the Contractor's Bid Proposal and less any Agreed Cost of Delay provided for in the Contract Documents. CONTRACT AMOUNT$1,119,981.25 CITY OF DUBUQUE IOWA: Water Depaap4epA City Manager's Office Department By Signature nani�lhrg Michael C. Van Milligen Printed Name \A/-ater [Department M,,Vpa er City Manager Title �/dy' ll 7 �. Date j CONTRACTOR: Portzen Construction, Inc. By Signature Michael J. Portzen Printed Name Vice President Title Date a END OF SECTION 00500 'I SECTION 00400 Page 1 of 7 UNIT PRICE BID PROPOSAL FOR SECTION 00400 PROJECT: Water System Improvements 2017 Contract A English Mill Road & North Cascade Road Water Main Extension BID TO: Office of City Cleric City Hall Dubuque, Iowa 52001 BID FROM: i Portzen Construction, Inc. (Company) 205 Stone Valley Drive (Address) Dubuque,-Iowa 52003 (City, State,Zip) (563) 557 7642 (Telephone) (563) 557 9048 (Fax) jrportzen @ pci-dbq.com (Email) i 400.1 General The undersigned Bidder agrees, if the Bid is accepted,to enter into an Contract with the City, j in the form included in the Contract Documents, to perform and furnish the Work as specified i 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 a I SECTION 00400 Page 2 of 7 c. Bidder accepts the provisions to the Instructions to Bidders regarding dispositions of Bid Security; 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; I 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 contracts.(Public Improvement Contract - Section 500) The Contractor further understands that all quantities of work, whether increased or decreased, are j 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 Place of Work 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) The Bid is genuine and not made in interest of or on'the behalf of an undisclosed person, firm or corporation; 6) This Bid is 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 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; 7) Local and State sales and use taxes are not included in the Bid Amount. I i I'; SECTION 00400 Page 3 of 7 8) 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: Report Title: Geotechnical Evaluation Report Proposed Water Main Extension and Pumping Facility English Mill Road, Dubuque, Iowa, Dated 1/29/2014. 400.4 Unit Prices and Bid Amount See next 2 pages for Bid Schedule i } I I G 'u i ii n I' ,I li I E I l 5 SECTION 00400,4 N--�2�E Addendum No.: 3 Masterpiece on the Mississippi City of Dubuque,Iowa Bid Proposal Schedule BIDDER NAME: Portzen Construction DATE: 4/6/2017 Project Name: City of Dubuque,Iowa Water System Improvements 2017-Contract A: English Mill Road and North Cascade Read Water Main Extension LINEREFERENCE BID ITEM DESCRIPTION PLAID [UNIT] BID TOTAL PRICE NQ. NUMBER QUANTITY UNIT PRICE Division 1-General Provisions 1 1090-105-D Mobilization 1.00 LS $ 50,000.00 $ 50,000.00 Sub Total $ 50,000.00 Division 2010-Earthwork,Subgrade,and Subbase 2 2010-108-C-0 Clearing and Grubbing C 1.00 LS $ 7,000.00 $ 7,000.00 3 2010-108-0-1 Topsoil,On-site 4050,00 CY $ 9.00 $ 36,450.00 4 2010-108-1-0 Subbase,Granular Subbase-Gradation 12a 775,00 TON $ 16.00 $ 12,400.00 5 2010-108-J-1 Removal of Structure 4.00 EA $ 1,500.00 $ 6,000.00 6 2010-108-J-2-c Removal of Known Pipe Culvert 455.00 LF $ 15.00 $ 6,825.00 Sub Total $ 68,675.00 Division 3010-Trench Excavation and Backfill 7 3010-108-B-0 Rock Excavation 1100.00 CY $ 10.00 $ 11,000.00 8 3010-108-D-0 Bedding Material Gradation 30 9875.00 TON $ 8.35 $ 82,456.25 9 3010-108-D-0 Replacement of Unsuitable Backrill Material Gradation 12a 5350.00 TON $ 12.00 $ 64,200.00 10 3010-108-E-0 Groundwater Retarder 25.00 EA $ 40.00 $ 1,000.00 11 3010-108-D-0 Porous Backfill 16.00 TON $ 35.00 $ 560.00 Sub Total $ 159,216.25 Division 4030-Pipe Culverts 12 4030-108-A-1 Pipe Culvert,Trenched,18"CMP 445.00 LF $ 34.00 $ 15,130.00 13 4030-108-A-1 Pipe Culvert,Trenched,24"CMP 10.00 LF $ 65.00 $ 650.00 Sub Total $ 15,780,00 Division 5010-Pipe and Fittings 14 5010-108-A-1 Water Main,Trenched,DIP,6" 90,00 LF $ 57.00 $ 5,130.00 I 15 5010-108-A-1 Water Main,Trenched,PVC,8" 775.00 LF $ 33.00 $ 25,575.00 16 5010-108-A-1 Water Main,Trenched,PVC,10" 20.00 LF $ 38.00 $ 760.00 i 17 5010-108-A-1 Water Main,Trenched,PVC,12" 9600.00 LF $ 38.60 $ 370,560.00 18 5010-108-A-1 Water Main,Trenched,DIP,12" 860.00 LF $ 59.25 $ 50,955.00 19 5010-108-A-2 Water Main,Trenchless,PVC,8" 50.00 LF $ 80.00 $ 4,000.00 20 5010-108-A-2 Water Main,Trenchless,PVC,12" 575.00 LF $ 125,00 $ 71,875.00 I 21 5010-108-C-1 Fittings,DI Sleeve,10" 2.00 EA $ 350.00 $ 700.00 22 5010.108-C-1 Fittings,DI Sleeve,12" 2.00 EA $ 400.00 $ 800,00 23 5010-108-C-1 Fittings,Mega lug,6" 45.00 EA $ 105.00 $ 4,725.00 24 5010.108-C-1 Fittings,Mega lug,8 48.00 EA $ 130.00 $ 6,240.00 25 5010-108-C-1 Fittings Mega lug IV' 8.00 EA $ 190.00 $ 1,520,00 26 5010-108-C-1 Fittings,Mega lug,12" 92.00 EA $ 200,00 $ 18,400.00 j 27 5010-108-C-2 Fittings by Weight,DI 6000.00 LBS $ 5.75 $ 34,500.OD 28 Pressure Control Station,60"ID 1.00 EA $ 18,500.00 $ 18,500.00 Sub Total $ 614,240.00 Division$020-Valves,Fire Hydrants,and Appurtenances 29 5020-108-A-0 Valve,Gate,6" 12.00 EA $ 1,050.00 $ 12,600:00 30 5020-108-A-0 Valve,Gate,8" 8.00 EA $ 1,400.00 $ 11,200.00 31 5020-108-A-0 Valve,Gate,10" 2.00 EA $ 1,900.00 $ 3,800.0 32 5020-108-A-0 Valve,Gate,12" 17.00 EA $ 2,250.00 $ 38,250.00 k 33 5020-106-C-0 Fire Hydrant 14.00 EA $ 3,500.00 $ 49,000.00 Sub Total $ 114,850.001 Division 7030-Sidewalks,Shared Use Paths,and Driveways k 34 7030-108-H-1 Driveway,Paved,PCC,6"(Thickness) 65.00 SY $ 42.00 $ 2,730.00 p 35 7030-108-H-1 Driveway Paved HMA,4"(Thickness) 1i00.00 SY $ 34.50 $ $7,950.00 36 7030.108-H-2 Driveway,Granular 320.00 TON $ 18.00 $ 5,760.00 Sub Total $ 46,440.00 Division 7040-Pavement Rehabilitation 37 7040-108-A-0 Full Depth Patches HMA 120.00 SY $ 52.00 $ 6,240.00 Sub Total $ 6,240.00 i v f f LINE REFERENCE BID ITEM DESCRIPTION PLAID UNIT BID SEC 10 TOTAL4PRICE NO. NUMBER QUANTITY UNIT PRICE IDOT Division 2528-Traffic Control 38 IDOT 2528.04-A Traffic Control 1,00 LS $ 4,800.00 $ 4,800.00 Sub Total $ 4,800,00 Division 8040-Signing Materials 39 Existing Sign,Remove and Reinstall 18.00 EA $ 150.00 $ 2,700,00 Sub Total $ 2,700.00 Division 9010-Seeding 40 9010-108-A-0 Conventional-Seeding,Fertilizing,and Mulching,Type 2 5.10 AC $ 1,600.00 $ 8160.00 Sub Total $ 8,160.00 Division 9040-Erosion and Sediment Control 41 9040-108-A-2 SWPPP Management 1,00 LS $ 1,000,00 $ 1,000.00 42 9040-108-E-0 Temporary RECP,Type 2.A 4400,00 SY $ 3,25 $ 14,300,00 43 9040-108-N-1 Slit Fence or Sift Fence Ditch Check 3200.00 LF $ 1,75 $ 5,600.00 44 9040-108-N-2 Silt Fence or Sift Fence Ditch Check,Removal of Sediment 3200,00 LF $ 0.50 $ 1,600.00 45 9040.108-N-3 Sift Fence or Sift Fence Ditch Check,Removal of Device 3200.00 LF $ 0.25 $ 800.00 46 9040-108-0.1 Stabilized Construction Entrance A 22,00 SQ $ 165,00 $ 3,630.00 47 9040 Concrete Washout 1.00 EA $ 200.00 $ 200.00 Sub Total $ 27,130,00 Division 4040-Subdrains and Footing Drain Collectors 48 4040.108-A-0 Subdrain,4"Perforated CPE 100,00 LF $ 15.00 $ 1,500.00 49 4040-108-B-0 Subdrain Outlet 1,00 EA S 250.00 $ 250.00 Sub Total $ 1,750.00 400.5 Base Bid Amount Bid Amount $ 1,119,981.25 ou CN) �t � Ni, (Use Words) r II is Ij i II 4i ji I i i i I 9 NN I! f 't �C fl i SECTION 04400 Page 6 of 7 400.7 Timeliness 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 Submifted 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. Contractor Background Information (Section 00471) II ❑ Yes Contractor Background Information has been included with the Bid. -OR- Yes Contractor Background Information is on file with the City of Dubuque. 400.9 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. h 6 400.10 Questions 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. n , i i SECTION 00400 Page 7 of 7 400.11 Addenda The Bidder acknowledges receipt of the following addenda: No. 01 Dated: 00/20/2017 No. 02 Dated: 03/28/2017 No. 03 Dated: 04/03/2017 Dated i i 400.12 Signatures Contractor: Portzen Construction Inc. Dated: 04/06/17 Contractor Name 205 Stone Valley Drive j Street(Business Location) I Street(Business Location) Dubuque City Iowa 52003 State Zip �I Dated: 04/06/17 Signature Michael J Portzen, Vice President Title The Bidder's State of Iowa does ( )/does not Vutilize a percentage preference for in-state Bidders. The amount of preference is 0 percent. 9 END OF SECTION 00400 ==_ i h Rev 01/2015 CONSENT DECREE RELATING TO THE CITY OF DUBUQUE, IOWA WATER & RESOURCE RECOVERY CENTER AND SANITARY SEWER COLLECTION SYSTEM I i NO CONTRACTOR OR CONSULTANT MAY PERFORM ANY WORK FOR THE CITY j OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SEWER COLLECTION SYSTEM UNLESS COPY OF THIS DOCUMENT IS RETURNED TO THE CITY OF DUBUQUE ENGINEERING DEPARTMENT I The City of Dubuque, Iowa has entered into a Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under contract with the City to perform the obligations of the j Consent Decree. The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to perform work required by the Consent Decree. A copy of the Consent Decree can be found at http://www.citofdubuaue.org/DocumentCenter/HomeNiew/3173. A paper copy is available upon request from the City of Dubuque Engineering Department. I The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. i The Consent Decree also provides that until five years after the termination of the Consent Decree, the City shall retain, and shall instruct its contractors and agents to preserve, all non-identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information-retention requirement shall apply regardless of any contrary City, corporate or institutional policies or procedures. At any time during this information-retention period, upon request by the United States or the State, the City shall provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of Page 1 of 2 i the information-retention period, the City shall notify the United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City shall deliver any such documents, records, or other information to the EPA or IDNR. CERTIFICATION BY CONTRACTOR OR CONSULTANT The undersigned, on behalf of the Contractor or Consultant, with full authority to act on behalf of the Contractor or Consultant, certifies to the City of Dubuque as follows: 1. 1 have received a copy of the Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-571-1- 09339, United States District Court for the Northern District of Iowa. j 1 2. All work performed will be in conformity with the provisions of the Consent Decree. 3. All documents, reports, data, records, or other information (including documents, records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. f The Contractor or Consultant agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims, including penalties, costs and fees as provided in the Consent Decree, relating to or arising out of the Contractor's or Consultant's failure to comply with the Consent Decree. i Contractor or Consultant: Portzen Construction Inc. If By: Its: Michael J. Portzen, Vice President D (Va(D_ate: � FOR PROJECT: Water System Improvements 2017 Contract A English Mill Road & North Cascade Road Water Main Extension { k Page 2 of 2 ! k C i SECTION 00600 Bond #54-215826 Page 1 of 5 i PERFORMANCE, PAYMENTAND MAINTENANCE BOND I SECTION 00600 KNOW ALL BY THESE PRESENTS: That we, Portzen Construction Inc., as Principal (hereinafter the "Contractor" or "Principal') and United Fire& asUaltv Company, as Surety are held and firmly bound unto the City of Dubuque, l Iowa, as Obligee "hereinafter referred to as "O w l g � "Owner'), and to all persons who may be.injured by i any breach of any of the conditions of this Bond in the penal sure of One Million One Hundred Nineteen Thousand Nine HundredEight-One Dollars and Twenty-Five Cents f$1,119,981.25), lawful money of the United States, for the payment of which sum, well and truly to be made, we bii ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these reseThe conditions of the above obligations are such that whereas said Contractor entered into a contract with the Owner, bearing date the 17t" day of April, 2017, (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 Water System Improvements 2017 Contract A English Mill Road & North Cascade Road Water Main Extension Project detail the following described improvements: The extent of the work consists of the construction of.a 12 inch water main from near the intersection of Stone Valley Drive and English Mill Road to the south to North Cascade Road and 1 along North Cascade Road to the west to near the intersection of Highway 20,` A water main extension into Barrington Lakes Subdivision at Barrington Drive along with a pressure control station will be included in the project. The project consists of approximately 11.,000 LF of 12-inch water main, including approximately 875 'LF of 12-inch DIP and 10,125 LF of 12-inch PVC, 1 Portions of the PVC water main will require directional drilling. The project also includes various water main appurtenances including:,fittings, resilient seat ,gate valves, fire hydrants, mechanical and push-on joint restraints, etc. Rock is anticipated to. be encountered for the water main installation along portions of the proposed water main alignment. Erosion control including silt fence, rolled erosion control product, topsoil and removal and replacement, and seeding. Traffic control is included in the project to maintain a safe work site for both the Contractor and the public..Coordination with another project in the same general area associated with the project will be required. 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 l 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 1 or providing labor in the performance of the Contract. i' SECTION 00600 Page 2 of 5 u 2. PAYMENT: The Contractor and the,Surety on this Bond hereby agreed to..pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the owner is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said 'claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this �1 reference is made a part hereof as though fully set out herein l 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: I A. To remedy any and all defects that may develop in or result from work to be performed under the Contract Documents within the period of two (2) year(s) from the date of acceptance of the work under the Contract, by reason of defects in workmanship, equipment installed, or materials used in construction of said work; B. To keep all work in continuous good`repair; and C. To pay the Owner's reasonable costs of monitoring and inspection 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 F materials not discovered or known to the Owner at the time such work was accepted. I 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 net, 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 i and the liquidated damage penalty is being charged against the Contractor. �i h h 1 a IiHIt ii SECTION 00600 Page 3 of 5 The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: D. That no provision of this Bond or of any other contract shall be valid that limits to less than five (5) years after the acceptance of the work under the Contract the right to sue I' on this Bond. 'I 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 j 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 i the venue thereof shall be Dubuque County, State of Iowa. If legal action is requited by the Owner to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of j 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 it 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(g) or not, r h l s k 1 j SECTION 00600 Page 4 of 5 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 j 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, I Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable J provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted moaning in the construction industry; and fourth, if it has no generally accepted meaning in the constructionindustry, 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 l limit liability hereunder. The Contract and Contract Documents are hereby made a part of this { Bond. 'i i Witness our hands, in quadruplicate, this 22ndday of June , 2017. SURETY COUNTERSIGNED BY: FORM APPROVE By ._.... Signature of Agent - l Representative for wrier Terrance 'J Friedman Printed Name of Agent SURETY:• 880 Locust St - Ste 200 Company Address United Fire &Casualty fj Dubuque, Iowa 52001 Suretycarrr y M City,State,zip Code 563- By 556-0272 ignature Attorney-in-Fact Officer Company Telephone Number Scott A DeSousa Printed Name of Attorney-in-Fact Officer PRINCIPAL: Friedman Insurance Inc Company Name Portzen Construction, Inc. 880 Locust St - Ste 200 Company Address Dubuque, Iowa 52001 By Signa ure City,State,zip Code Michael J. Portzen 563-556-0272 Printed Name Company Telephone Number Vice President Title 9 u i j, NOTE: h 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. j 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. I� !a y== END OF SECTION 00600 �--�-� i l ii ii s f �i l V s f g 1. p :I:q:._.1I..1­.I.!1,�..I 31­:.I:1_..;.:':...�F;-1.,...:,.:..­-,"1';�";.::..:1;I.:,:,-1�­1I:,:��:.�.�:...;�.:I��I:�-j-­:!1:�.-,��,�.�U�.."1�.,,�,........1-I1,......1,"..:1��I,,a�l i.�I,.�,.,;����.-,,I.. UNITED FIRS&CASUALTY'"COMPAI i'„CEI)Al RAPIDS,IA' U TITEI)1+IR1;& II1?I7 IVMNT3'Y:60'MOAI�IA WEBS., R, Tom° Xnquiries Sut.et3 Aepar tment I. FINANCIAL PACIF,TC TNSLTRANCE CQMRANY,"ROCI LINA CA 118 Second Ave SE CERTIETEI)COPY fUF PO 'EReQF A�'TORNEY Cednr"Rapids,IA 52401 (crit u1al,oii file a, Hoine Office of`Company See"CeAiftcation) KNOiT AiLL°PERSONS BY THESE PRESENTS;That UNITED DIRE Bi°CASUALTY CQIYIFANY;a cnrporatton doily organized atid°existing wilder the 1. laws'8f the;State of lava UNI b FIRE$i INDEM ?I`I. CQMPAhr. a corporattotn duly.organized and exist1. ing under the laws o0.f the State of Texas and FINANCIAL PACIFIC INSijT ANCE COMPANY,a corporatroir duly orgatuzed and existing uridec'tlne"laws of t11e State;of CalrfaM.M. (hereon collectively cal"led the Coni�nantes,and havi�their corporate,headtluarters":in Cedar Rapids,"State of lova,doe`s;inake eonstituteand,a amt TERRANCE. J:° 'FRIEDMAN,_.OR SG Tl � DESOUSA DR INARK J" :PMALEIJ ,q,.DqN.A'" 1NELLIK, Oft 5F+TR;t EY M''.. pp.., SHRNt�iON, ALL INDIuiDUALLY oi'.:t3UI .BUQ"UE Iq l i their true aiid lawful Attoriiey(s)in f9t with power"arid au�iv' hereby 1.conferred to'signs 5e�1 artd execute rn its behatf all lswful 11 bands,undertakings I 11and other obligatory ftlstrinments of similar nature provided that no"single'obt':, **71: n sh exceed" $50,000,"000 00'. .1.1- ,iid to briid the Connpanres thereby',as fully'and to the sarne; xtent as tf such,nstruments were signed'by the duly authorized officers of.the Companies and all of the acts°of said Attoriigy.pnrsuant to the 1. pauthor' hereby given anid'hergby ratified aril confirmed 1. I� Tlie Autho1.rity hereby granted'is coatinuous=and shalt remam,in dull force arid:effect until revoked by UNITED FIRE$ CASUALTY CQMPA�IY; " I 1, UNITED Z IRE&1NDI MNIT11�X COMPANY ANl3;FINAN:CIAL PACIFIC"INSURANCE COMPANY { Thr Power ofAttorne is made and executed nrsuant to and b authors of the-followu b law dul ado ted qn Ivla l5,"'��la b the"Boards of";, y P; y.. ' g y y p y, I Directors.of UNITED;FIRE"&CASUALTY COIVIPANT''-'UNI"TE,"`FIRE-& 1N EMNI`TY COMPANY,,and FINANCIAL`PACIFIC''INSURANCE'. 1. COMPANY "Article VI-Sut sty Bonds and Undertakings" Secwn Appointment of Attorney-ni-Fact. "The President or atny Vlce President, or any_other officer.of the Cotnpa ues may from time to time appoin, by written certificates attorneys-in-fa t to act in behalf of=the Cotnpantes""M the ei cation of policies of insurance,;bands,�; xttdertakngs sand other obligatory instruments of Lille nature. The sngnaturp of any:officer"authorized h"'ereby,aud the Corporate seal, I. be �I affixed by f&esimile to airy power of attorney or special power of attorney;or certtTcatioii of either authorized hereby; su1.ch signature and seat, when soused benne adopted by,the Companies as-the original srgiiature of such of_cer and fhe original seal;of fhe Conipanres to be valid acid binding uporrthe Compaures with ilia same force and effect as rho i h manualty affixed Such attorneys tri-facf,.subject to'the hniitatians°set forth nn`their<res ectrve certificates ofm authgri shad have full ower to Utnd the xCotn aures b tle"ir si"nature and execution of at such, i p1 I ' P„ P , g. y1­1 �� rnstt7irrrents.and to atEach:the seat`of the Compani�cges thereto.;The President,or any dice President the.Board.o#Directors or any other.officer of the Companies may at any time revoke a1lpowe�C,and authnirty prevoiTsly given to any attitmey infect 1. 1LIIINN7 _ .°, ° .`,` $�S 11 `0" ., : �••,�,N EMS,•,, "�°��%tis'"'"rl�. "% IN WITNESS WI3EREOF the COIv1PA ES have-­11-each caiisedthese presents to be signed by lis �b�' ti4� f k� �`���F�PPq � _ .1 � Vt e preSiderit and,Its ColpOXate Seal t0 be hereto 1 ,JXed tills J'St h d"ay”Of DCt ober - 2013 'C04PO1.:`-.,9'1,'RA'] `COI«ORATE A�ary0 �-F ­­­.:�­:,:,� ­ z _ e av4r z2Q , —, _­_ ,'' , F , _ UNITED FIRI &CASUALTY COIYIPANY SEAL �, SEAL Y 1 UNITED FIRE&INbEMNITY COMPANY { ,.: pd_��i . .....­ 1966 a- Z O P 2I I.. ,...1. ,fry1. a'!11ii �*` rfjr�l�r/i�i1161���`\ ''~ 9��FOP�\ <, IiINANCIAL°PACIFIGINSURANCE°GOIy1PANY . ­.�,i:.:,_...� ., ::.,, ._ , .4 %l nrn,ll n o. 1 By. � `� State oflowa County of Linn,ss: L Vice President . Ori 15th;:daWdif.October, 2013, before me personally came Dennis J. Richmann I known who;berng by me duly sworii did depose and:say than he restctes to Cedar Rapids,StaEe of Iowa that-h is a Vice President of UNITED" FIRE&'CASUALTY CQIvIPANI' a Vice President of UNITED 1{IRE& INDEMNITY 0-6m'PANY and a';Vice President of FINANCIAL PACIFIC INSI IRANCE COIYIPAN11 I 11 I'.the ca"rpoxations deserili"ed m and whtch'exeeuted;the above mstrtnent that he knows the se%al of said cotpo attons ihat the seat af,%xen to the"said rust urnent is such cQrparate`seal,that rt was so affrxei pursuant to authority given by the Board'of Directors of•said corporations and that he sigh dlits trams thereto:pursuant to hk~authority,arnd acic iowie' ' same to bg the act and deed 5f said con aorations'. +c JUdrih;A yaws �' t©wa Notanat Seek • Commrsslon number 1T30r31 11 11 " MY Comtmssion�Expr1-1 res ft4723t�0111-11� Notary Public . My commission expires 04/23/2018 I David A Lange`Secretary of UNITED FIRE&CASUALTY COMPANY and Assistant Secretary of ITED FIRE&INDEMNITY C1.OMPAN1.Y, acid Assnstant Secretary of.FINANwIAL PACIFIC INSURANCE COMPAN ,do liezeby certify that:I have cornpared,Yhe fotomg"copy of the Power of Attorney and affidavit,"an the copy of rite Secticsrt of the bylaws and renal, ti.. . o�said Corporations as`set'forth in said Power of Attorney,with the ORI GINAI S 4N I LLE IN THE HOME QFF] 'F S W!Q,001ORATIONS and that the same are correct transcri:I Ipts thereof,and of the whole of the said origt,. .".... ,that the.said 1�1Power of Attorney lies nqt_*Oe,ts regio ed and.is now rn fiitl ford and effect Iii testimony whereof I haeme hereunto subscribed to name and affixed the corporate seal of-Ifthe sand Corporations this -2 'rid ,day of ° Junes 17 ,%Arq..lot " un ,x c(1,ulOiyn,ru *`���`yACnSTi.. I��i`. `h�1��itiuY2�o. N�ify� �y��1G ll�t$j/R?tiy w n�. .R PV �Pa kyr o a..o0 Rqj•. 4� CORCOIt:" w ° aC= c. {y 1. 1 h �, iuG�z< By,; 2 > SEAL �� s y 1966 P: IF. d �b a i . A[t 11 , ''11 � ir���11114��```` l,`f"�$/J 1l 11[R��``\ /��rllflfrlFo�N\„\ ' _ Secretary OF&C 1;1 °`°''� , Assistant Secretary,OF&I%FPIC BPOA0049 0t IS i. o .. . - ° .. 1• CERTIFICATE OF LIABILITY INS DATE(MM/DDNYYY) �,. INSURANCE C E 6/23/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS i CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES fI BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED I, REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. i IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Friedman Insurance, Inc. NAME: Pam Buchholtz PO Box 759 PHONE , 563-556-0272 Fa� Ne.563-556-4425 Dubuque IA 52004-0759 E-MAILS buchholtzp@friedman-group.comADDRQ i INSURERS AFFORDING COVERAGE NAIC# INSURERA:United Fire&Casualty 13021 INSURED PORTCON-02 INSURERB: Portzen Construction Inc 205 Stone Valley Dr. INsuRERc: Dubuque IA 52003 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1975165311 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. 'NSR TYPE OF INSURANCE INSD WVD POLICY NUMBERPOLICY EFF POLICY EXP MM/DD MMIDD LIMITS �9 A X COMMERCIAL GENERAL LIABILITY Y Y 60456157 12/31/2016 12/31/2017 EACH OCCURRENCE $1,000,000 CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $100,000 MED EXP(Any one person) $5,000 I:. PERSONAL&ADV INJURY $1,000,000 �? GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY Z PRO- ❑ JECT LOC PRODUCTS•COMP/OP AGG $2,000,000 HOTHER: $ A AUTOMOBILE LIABILITY 60456157 12/31/2016 12/31/2017 COMBINED SINGLE LIMIT Ea accident $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE $ Per accident -- - UI/UIM $100,000 A X UMBRELLA LIAB X OCCUR 60456157 12/31/2016 12/31/2017 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE DED X RETENTION$10,000 AGGREGATE $10,000,000 A WORKERS COMPENSATION Y 30303343 12/31/2016 12/31/2017 PER OTH- $ AND EMPLOYERS'LIABILITY Y/N X STATUTE I I ER ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $500,000 (Mandatory in If yes,describe under E.L.DISEASE-EA EMPLOYE $500,000 nd DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 jl I� i DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) q Project: Contract A-English Mill Road&North Cascade Road Water Main Extension.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 along with IIW PC are listed as Additonal Insured on a primary&non-contributory basis for on-going and completed operations with ti respect to general liability as provided by endorsements CG7103 and CG7150. Fellow Employee Exclusion amended as provided by 1 endorsement CG7103. Governmental Immunities in favor of the additional insured for the general liability as provided by endorsement CG7163.Waiver of Subrogation in favor of the additional insured is included for the general liability and workers compensation as provided by endorsements CG7103 and CG7163 and WC000313 �i CERTIFICATE HOLDER CANCELLATION f ii SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE i City of Dubuque THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 50 W 13th Street ACCORDANCE WITH THE POLICY PROVISIONS. Dubuque IA 52001 AUTHORIZED REPRESE TATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD i i EROSION CONTROL CERTIFICATION SECTION 00900 Dated:. April 17, 2017 City: City of Dubuque Address: 50 W. 13" Street Dubuque, IA 52001 Project: Water System Improvements 2017 Contract A English Mill Road & North Cascade Road Water Main Extension Contract No. 7402703-73211 Description: Water Main Extensions 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: Portzen Construction, Inc. F By: Michael J. Portzen Vice President