Improvement Contract/Bond_Weshtphal Electric_GRC Floor Box Replacement Project Copyrighted
February 5, 2018
City of Dubuque Consent Items # 22.
ITEM TITLE: Improvement Contracts / Performance, Payment and
Maintenance Bonds
SUMMARY: Drew Cook& Sons Excavating Co. for the Grand River
Center North Parking Lot Repairs Project; Westphal &
Company, Inc. for the Grand River Center Floor Box
Replacement Project.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
ContracVBond - Drew Cook& Sons Excavating Co. Supporting Documentation
ContracVBond - Westphal & Company, Inc. Supporting Documentation
� SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500 �
GRAND RIVER CENTER FLOOR BOX REPLACEMENT PROJECT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 5th day of December12017 between the City of Dubuque, lowa, by its City Manager,
through authority conferred upon the City Manager by its City Council (City), and Westphal &
Company, 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 Grand River
Center Floor Box Replacement Proiect (Project).
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following: h
1. Project Title Page (Section 00100). �
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2. Project Directory Page (Section 00101). �
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3. This Public Improvement Contract (Section 00500). �
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4. PerFormance, Payment, and Maintenance Bond (Section 00600). �
5. Out-of-State Contractor Bond (Section 00610). �
6. Other Bonds: B
a. (Bond Name) (pages�to _ , inclusive).
7. The lowa Statewide Urban Design And Specifications (SUDAS) 2015 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2015 Edition.
9. Qther Standard and Supplementary Specifications as listed on the Title Page of the
Cantract Document Manual.
10.Special Provisions included in the project Contract Document Manual. „
11.Drawings -Sheet No.E1 through No.E6 (6 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).
18.Consent Decree (Section 01000). Not applicable
19.Other Project Information and Permits (Section 01100 - 00000).
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SECTION 00500
Page 2 of 6 �°
20.Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages _to _, inclusive).
b. Bidder Status Form (Section 00460).
c. Contractor Background Information Form (Section 00471)
d. The follovuing documentation that must be submitted by Contractor prior to Notice �
of Award;� � y
i. �
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ii.
iii.
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, h
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 II
Contract Documents and must be installed in accordance with the Contract Documents. '
4. The Contractor must remove any materials rejected by the City as defective or improper, or
any of said work condemned as unsuitable or defective, and the same must be replaced or
redone to the satisfaction of the City at the sole cost and expense of the Contractor.
5. Five percent (5%) of the Contract price will be retained by the City for a period of thirty (30)
days afterfinal 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 lowa Code Chapter 573 or lowa Code Chapter 26.
The City will also retain additional sums to protect itself against any claim that has been filed
against it for damages to persons or property arising through the prosecution of the work and
such sums will be held by the City until such claims have been settled, adjudicated or
otherwise disposed of.
6. The Contractor has read and understands the Contract Documents herein referred to and
agrees not to plead misunderstanding or deception related to estimates of quantity,
character, location or other conditions for the Project.
7. In addition to any warranty provided for in the specifications, the Contractor must also fix any
other defect in any part of the Project, even if the Project has been accepted and fully paid
for by the City. The Contractor's maintenance bond will be security for a period of two years
after the issuance of the Certificate of Substantial Completion.
8. The Contractor must fully complete the Project under this Contract on or before the date
indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract
Documents.
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SECTION 00500
' Page3of6
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 i
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 �I
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 �i
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. �
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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 lowa Code 573.6 relating to this Contract, which
provisions apply to said Bond.
12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of
Substantial Completion has been issued by the City, it will keep and maintain the Project in
good repair for a period of two (2) years.
13. The Project must be constructed in strict accordance with the requirernents of the laws of the
State of lowa, and the United States, and ordinances of the City of Dubuque, and in
accordance with the Contract Documents.
A. All applicable standards, orders, or regulafions issued pursuanf to �he 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
Federal Prevailing Wage Act, if applicable, and related labor requirements and
regulations and the Federal Wage Determination for this Project.
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
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SECTION 00500
Page 4 of 6 `
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. �
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! CITY `: `. ; 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 ;
SECTION ARE NOT APPLICABLE. �
The City has entered into a Consent Decree in the case of The United States of America, and the State �
of lowa v. The City of Dubuque, lowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action
Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Courtforthe Northern
District of lowa. The provisions of the Consent Decree apply to and are binding upon the City and its
officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and
corporations under contract with the City to perform the obligations of the Consent Decree.
The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to �
perform work required by the Consent Decree. -
A co of the Consent Decree is included in the Contract Documents and can be vi �
py ewed at
http://www.cityofdubuque.org/DocumentCenter/Home/View/3173. A �hard copy is available upon
request at the City's Engineering Department Office.
The City must condition any contract to perform work required under the Consent Decree upon
performance of the work in conformity with the provisions of the Consent Decree.
The Consent Decree also provides that until five (5) years after the termination of the Consent Decree,
the City must retain, and must instruct its contractors and agents to preserve, all non-identical copies of
all documents, reports, data, records, or other information (including documents, records, or other
information in electronic form) in its or its contractors' or agents' possession or control, or that come into
its or its contractors' or agents' possession or control, and that relate in any manner to the City's
perFormance of its obligations under this Consent Decree, including any underlying research and
analytical data. This information-retention period, upon request by the United States or the State, the
City must provide copies of any documents, reports, analytical data, or other information required to be
maintained under the Consent Decree. At the conclusion of the information-retention period, the City
must notify the United States and the State at least ninety (90) Days prior to the destruction of any
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� SECTION 00500
Page 5 of 6
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.
CERTIFICATIOM BY CONTRACTOR
The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor,
certifies to the City of Dubuque as follows
1. I have received a copy of the Consent Decree in the case of The United States of
America, and the State of lowa v. The City af Dubuque, lowa, Civil Action Number
Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90- �
5-1-1-09339, United Stafies District Court for the Northern District of lowa.
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 �I�
perFormance of obligations under the Consent Decree, including any underlying �
research and analytical data, will be retained as required by the Consent Decree. �
4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers,
agents, or employees from and against any claims, includang penalties, costs and
fees as provided in the Consent Decree, relating to or arising out of the Contractor's
failure to comply with the Consent Decree.
CONTRACTOR:
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Contractor
By: �� ,
Signature
�� .>!_ fl Y/6 9 ��E',�/S
Pr ni ted Name
—i' , � e
Title
� o`� — o`l � ' 0101�
Date
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SECTION 00500 "
Page 6 of 6 �
THE CITY AGREES:
15. Upon the completion of the Contract, and the acceptance of the Project by the City Council,
and subject to the requirements of law, the City agrees to pay the Contractor as full �
compensation for the complete perFormance of this Contract, the amount determined for �
the total work completed at the price(s) stated in the Contractor's Bid Proposal and less
any Agreed Cost of Delay provided for in the Contract Documents.
CONTRACT AMOUNT $ 29,500.00
CITY OF DUBUQUE, IOWA:
LR.t��.t..�2 �e.r vi u.s
Department �
By:
Signature
IM i c.hcv...Q.. C'. 1�od.�,�Y1l1.i I<<
Printed Name
�..-c.��,l /�A.r�q�c�—� �
Title �
l - ZZ _ Ig
Date � �
CONTRACTOR:
�� ����..� � C,� f � � �
Contractor �
By: � �
Signature
�°� r� �4��� a/6
Printed Name �
�� �� -
Title
� �- ���oa�
Date
___= END OF SECTION 00500 =___
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A
Bond No. 929637599
SECTION 00600
Page 1 of 4
PERFORMANCE, PAYMENT AND MAINTENANCE BOND �
�ECTION OQ600
KNOw AL.L BY THESE PR�SENTS:
Th�t we, Westphal & Company, Inc. , a�
F'rir�cep�l (hereirrafter the "Contractor" or "Principal") and -
' Western Suret�i Com�any ` , as Surety are hcld and formly bo�and untcs the �ity �
of �ubuque, I�wa, as Obligee (hereinafter referred to as "Owner"), and to all persons wha m�y be
:
injured by any breach of any of the conditions of this �and in fihe pena! sum af
Twenfiy Nine Thousand Five Hundretl`and 00/100-= daflars �
(� 29 500:00 ` ), lawful rr�on�y of the United States, for the payment of which sum, wePl �
and truly ta b� mad�, we bind aurselves, r�ur heirs, legal representatives and assigns, Jc�intly or ;I
severally, firmly by these presents. ;�
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The c�nditions c�f the abov�c�bligations are such that whereas said �antractor ent�red into a cor�tract i
with the Qwnery be�rir�g date the 5fh day of Decernber ', �p�7, (h�reinafter the j�,
"Contra�t°') whereir� 5aid Contra�tor und��takes �nd agree� to �or�struct th� fo!lowing praj�ct in '���
accordance with the Contract Dac�ments, and to faifihfufly perFo�r� all the �errr�s ar�d requir�rrient� af i
said Cc�r�trac#withir�fih�time therein specified, in a good and workmanlike manner, and in accard�nce '!{
vvitk� the Cantract Dacum�nts. The Car�tract Doc�rnents far Cra�d River Center Flacar ��x i
f��pl�cement Project detail th� follawing describ�d improv�m�nts:
(�ernov�l adld replacement of e6ectric flnor b�xe� including complet� remova! and dispc�sal af
existing floor box housings. Provide and insta6l r�ew poke-through styl� floor boxes with flush profile
cover. Floor boxes shall contair� one duplex pawer re�eptacl�.
I
It i� ex�r�s�ly understood and agreed by the �ontractor�nd �urety in this Band that fh� f�llowing
provi�fon� �re a p�rt of thi� Bc�nd and ar� binding �p�n ��id Confiractar�nd Surety, to-wit:
1, PEf�FC�RMRNCE: The Gantractor sh�U well ancf faifihf�all observe er�arra� f i �
Y , p ra , �9f II, and ab'de �
by each �nd ev�ry cavenant, condition, and park of said �ontract and Cae1#ract �acument�,
by reference m�de a part h�reof, for the praject, and shali indemnify and s�ve harrr�les� th� �
C)wner fror� all autlay ar�d expense incurred by the Owner by reasc,n of th� G�nfiractor°s
default af failure to p�r�arm as required. The Contractor sha6l al�o be r�sponsNble f�r the �
default or failur� to perForm as required under th� Contract and Gor�traet Docum�nt� b� all
its subcontractors, suppliers, �gent�, ar employees furnishing materials �r pr�viding labar in
th� performance of the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed t� pay all just claims
submitted by persons, firms, subcontractors, and corporatian� furnishing materials for or
performing labor in the perFormance c�f the Contract on accot�nt of which this �ond is given,
inciuding b�t not limited to claims for all amounts due for labor, materi�ls, lubricar�ts, oi6,
gasoline, repairs on machinery, equipment, and tools, consumed or used by the Gontractor
or any subcontracfior, wherein the same are not satisfied out of the �ortion af the contract
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SECTION 00600
Page 2 of 4
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price fihe Owner is required to retain until completian of the improvement, but the Contractar
and Surety shall not be liabie to said persons, firms, or corporations un6es�the ciaims of said �
claimants against said portion of the contract price shall have been establi�hed as pravided �
by law. Th�Gantractor a�d 5urefiy hereby�iind themselves fa the obligatios��and conditior�s '
set forth in Chapter 573 of the lowa Code, uvhich by this refer�nce i� mad� a part hereaf as �,�
thaugh fuily set out herein.
3. MAINTENANCE: The Gontractc�r and the Surety an this Bond hereby agre�, at th�ir aw� '�
�xpense: ',�
�;
A� Tt� rernedy any and all defects that may develcap i� or result from work to be perforrr�ed '�,i
under th� Contract C1o�uments within the peri�d of two (2) ye�r(s) from th� dat� of '�
acceptance of the wc�rk under the �antract, by reasor°� of defects in w�rkr��nship, ij
equiprr�ent installed, or material� us�d in c�nstruction of said work; �
� ��
�. TQ k��p �II wark in ccar�tir�uous good repair; �nd
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,;
C. To pay �he �w�er's r�a�or�able cas#s of manitoring and ir��pection to ass�cre that any I�
defect5 are rernedied, and to repay the Qwner all outlay and expense ir�c�arred a� � �a
result �f ��ntractor°s and �urety's failure t� remedy any def�ct a� required by this '�a
���tian. ;�
'�n
C�ntr�ctar's �nd Sure4y's Cor�tract herein mad� ext�:r�ds to deF�cts in workrr,ar�shi�a c�r �1
rr7at�ri�l� not discc�v�red or known tca th� Owner at the time s�ch work w�s accepted. i
;
4. GE�lEf�L: Every Surety orr this �or�d shall be deemed and held bound, any coantract to �h� �;
cantr�ry no�withstandir�g, to the follcawing provisions: !j
�
A. Ta cansent without notice ta any exten�ion of time aufihorized �n appr��red �hang� �
orders to �h� �anfiractor in �vhich to perfcrrm the �antract; �
1
B. Ta cc�nsent withc�ut notice ta ar�y change in thP Car�tract or �anfiracfi [�o�um�rrt�, �
authori�ed in approved change orders which th�reby ir�creases th� tc�t�l c�ntract pric� �
and the penal �um af thi� Bond, provided that�16�uch char�ges do n�t, or�the aggr��at�, ;
involve an increa�� af rr�or� th�n tvuer�ty percent (20%} of the tatal c�ntrart price, and �
that thi� �and shall then be r�lea�ed as to �uch exce�s increas�s
�. To conser�t withc�ut �otice thafi this 6or�d shall rer�ain in full farce arad ef�ect until the
Contract is com�feted, whether campleted within t�ie s�a�cified contract �aerind, withir�
�n extension th�reof, or within a period c�f tim� aft�r the cor�trart p�riad has elapsed
and the lic�uidated damage penalty i� being charg�d agasnst the C�nti•actor.
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�`h� Con#ractor and �very Surety an the Bond shall be deemed and h�ld bound, any contract tc� the �
4
contrary notwithstanding, ta tfie folfawing presvisions: �
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SEGTIOfV 00600
Page 3 af 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 accepfiance of the work under the Contract the right to sue �
on fihis Band.
E. That as used herein, the phrase "all aa�tlay and expens�" is n�t to be limited in any way,
but �ha91 include the actual and reasonable casts and exp�ns�s inc�arred by�h� C�wner I
irrcluding inferest, benefits, and overhead where�applicable. Accordingly, "alA o�atfay�r�d
expen�e" would include but not be limited to all contract or empioyee expense, aBl I
ec�uipmer�t usage or re�tal, materials, teszing, outsid� exp�rts, att�rn�y's fees(�ncluding �
overhead exp�nses of the Owner's �taff attorneys), and ali costs and �xper�ses of �
litigatian �s they are incurred by the Owner. It is intended tl4o� Cor�tractor �nd �ur�ty ;�
will def�nd �nd indemnify th� Owc��r on all clairr�s made against the Owner on account �
of ��ntractor's failure ta perform as required °en the �antract and Cor�tract �oc�ament�y 'i
fihat aGl agreements and promi�es s�t farth in the Cor�tract ai�d Cantr��t f�ac�ament�, i� i
approved change orders, and in this Bor�d will be fulfilled, and that the �7wraer wil! be �
�ully ond�mnified so that it will be p�t ii°�to the pasitior� it would have been in had th� i
�ontrar,t been performed in the first ir�stan�e as req�aired. �
ir� the everat the C7wr�er incur� arsy `butlay and expenseyy in def�nding it�elf �gair�st any claim as to
which the Contractor or Surety shau6d have provided th� defense, ar� in the enfarcement of the
, promise�given by�he Contractor in the Contract, Contract Documer�t�, or approved ehange c�rder�, ��i
�ar in the e�forc�ment of the pi-omise� giv�n by the Contractor ar�d S�rety 9n thi� �ond, fih� �
I;
�ontractar arad Surety agree that they will make the Qwner whnle for all �uch �r�etlay �nd exp�n�e, �
�ar�vided th�t the Surety's obligation under thi� �or�d shall not exceed osle hundr�d twenty�fiv� �
p�r��nt (125%) of the penal sum af this �ond.
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In the �v�r�t that any action� or proceedings are initiat�d regarding $hi� �ond, fihe partie� agre� �h�t
th� ver�ue therec�f shall be [�ub�que County, �tate csf 6owa. If legal a�;tion is r�quired by the (�wner ��
ta enfnrce the pravision� c�f this ��nd or to collect the monetary obligafoon ir�currir�g ta �h� ben�fit �# �
th� Owrr�r, th� C�ontr�ctor and th� Surety agr��, jaintly, and sever�lly, t� pay th� t�wner afl outiay �
�r�d expen�� inc�srred ther�for by the C)wn�r. All rights, powers, �nd rerre�dies c,f the (�wn�r �
h�re�ar�der �hall be c�amulative and not �Iternative and �h�ll bE an additaon to all right�, ��w�r�, and
r��edies giv�n ta the Owner, by law. The C�wner m�y pr��;eed again�t surety far any �maur�t �
gLiara�t��d her��ander whefiher action i� broughfi �gains# the C�ratr�ct�r or whether Cantr�ctar o�
joined in any s�ch acti�n(�) or not.
NQW TFiEREF�RE, the condition af this abligation is sta�h that if�aid Principal shall f�ithfu4ly p�rfor9rs
all the promise�c�f the Prancipal, a� �et forth and pr�vided in the�ontract, in the Cor7tract L�ocum�nts,
�nd in this [3ond9 fihe� this obliga#ion sh�ll be null and void, otherwi�e i�t shall remain in f�all �orc� and
�ffect.
Vlihen a work, t�rm, or phra�e is �s�d in this Bond, it shall b� interpreted ar con�trued first as defin�d
io� thi� �ond, th� Gor�tract, or the Contract Dacuments; second, if not defined in the Bond, Contract,
or �antract Documents, it shall be interpreted or construed as defined iri applicable prnvisions af the
Io�N� C�de; third, ifi not defined in #he low� Code, it shall be interpreted or construed acc�rdir�g �o it�
generally accepted meaning in the construction industry; and fourth, if it has no generally �ccepted
meaning irr the construcfiion industry, it shall be interpr�eted or canstrued according to it� common or
cus�omary usage. ;
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Failure to specify or particularize shall not exciude t�rms or provi�ions raot mentioned and shall nat
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lirroit liability hereunder. The Cantract and Contract Documents are hereby made a part af this Bond. b�
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F'roject No. 102-2651 � �
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Witness our hands, in triplicat�, thi� 11th day c�fi' December , 2017. �
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�IDRE`fY �OUNTERSIC�JED BY: T���� �
N/A ��
FORM APPROVED �Yo �
Signa#ure of Agent j
N/A �
Printed Name of Agent Representative for Owner ,
N/A SURETY:
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Company tlddress �/@St@!'il SUI'@��/ �Otl1�at1� �
�/A Surety Company �
CfCy,State,Zip Code B "`�"� ` / C ��� �I
y� _--~" �,
6v/A Signature Attor ey-In-Fact O�cer I
CampanyTelephone Number gradley S. Babcock �
Printed Name of Attorney-in-Fact Officer ��� I�
�RINCIPAL: Babcock Solutions, LLC I�
Westphal 8� Company, Inc. comp��y r�am� �� II�
Contractor ••_ �
W67N222 Evergreer� �Ivd�. _�_� �
�Y� _ � � Company Address �
s'�"at"re Cedarbur , WI 53012 I'
; 9 ;
i�iark J o McCluskev City,State,Zip Code i
Printed�ame 262-204-8448 �
Secretary_ Company Telephone Number � �
����:
1, ,41f �ignataares ar� this performance, payment, and maintenance �ored rr�u�t be arigina! �
sign�ture� ir� ink; cc�pies, facsimile, or�lectronic signatur�� wi11 r�ot F�� accept�d.
2. Thi� BQr�d ra��st be �eal�d with the Sur�ty's rais�d, embassie�g s�al.
3. The n�me and �ign�tur� af the Surety'� Attorn�y-in-Fact/C}fficer �nt�red o� this ��rrd �
must be ex�ctly a� list�d on the �ertificate or F'o�rver �f Afi�orn�y accampar�ying this �
Bond.
_=_= END OF SECl'ION 00600
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Western Surety �ompany
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WES'IBRN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby
make,constitute and appoint �
Bradley S Babcock, Kimberly L Babcock,Marcella Kegley, Individually '
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of Cedarburg, WI, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf �
bonds,undertakings and other obligatory instruments of similar nature
V
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- In Unlimited Amounts - �
and to bind it thereb as full and to the same extent as if such instruments were si ned b a dul authorized officer of the co oration and all the acts of said h
Y Y g Y Y rP I�
Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. j
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This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by I
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the shareholders of the corporation.
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In Witness Whereof,�'ESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be I
hereto affixed on this lOth day of November,2017. �
� �, WESTERN SURETY COMPANY
��RET�4
'�Qas,.........Y��o,, i
;ti:'pPP�qqr;'ie: �
_W.4 �:=i . .
`;*'••SEA�':pc I
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����``r;�,°P�oP� aul T.Bruflat,Vice President �
,
State of South Dakota l �
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County of Minnehaha J �
On this lOth day of November,2017,before me personally came Paul T.Bniflat,to me known,who,being by me duly sworn,did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so �
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires s
J.MOHR
�NOTARYPUdLIC�� ��%II''� .
June 23,2021 � sounionrcoTn $
J.Mohr,Notary Public
CERTIFICATE
I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force,and further certify that the By-Law of the corparation printed on the reverse hereof is still in farce. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this__�day of U'[ �'�,���7'�r , ��.
,�5"RETY�'•-, WESTERN SURETY COMPANY
;w�:' .�Oq '�0;:
_u�`i'40,F A�'i^E y-
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s i':oS�A�r i 4:
-;;�o�rH.oaµ°�'r`a
a,,,d�������,,,�
L.Nelson,Assistant Secretary
Form F4280-7-2012 �
Go to www.cnasurety.com>Owner J 4�laligee S�;rvices>Validate Bond Coverage,if you want to verify bond authenticity.
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Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company. �
. �
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the �
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies, or undertakings in the name of the Company. �
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the �
corporation. The signature of any such officer and the corporate seal may be printed by facsimile. I
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� SECTION 00800
Page 1 of 2
CONSTRUCTION SCHEDULE AND AGREED COSTS OF DELAY
SECTION 00800 �
800.1 SCHEDULE:
CALENDAR DAY SCHEDULE:
Work on said improvement must be commenced after November 20, 2017 and fully
completed on or before March 02, 2018.
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. �
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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 Final Completion Dates, a deduction at the daily rate for agreed costs of delay will
be made for each and every calendar day, 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 Final
Completion date the contractor will be assessed and shall pay, $500 per calendar
d�a r, 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.
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SECTION 00800 �
Page 2 of 2
The Agreed Cost of Delay rates specified in the Contract Documents is hereby agreed upon as �
the true and actual damages due the City for loss to the City and to the public due to obstruction
of traffic, interFerence with business, and/or increased costs to the City such as engineering,
administration, construction, and inspection after the expiration of the contract times, or �
extension thereof. Such Agreed Cost of Delay will be separately invoiced to the Contractor, and
final payment will be withheld from the Contractor until payment has been made of this invoice
for the agreed cost of delay. The Contractor and its surety shall be liable for any agreed cost of
delay in excess of the amount due the Contractor.
___= END OF SECTION 00800 =___
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� SECTIUN 00401
- Page 1 of 5
BID PROPOSAL FORM
SECTION 00401
PROJECT: GRAND RIVER CENTER FLOOR BOX REPLACEMENT PROJECT
BID TO: Leisure Services Department
2200 Bunker Hill Road
Dubuque, lowa 52001
BID DUE: Bids are due by 10:00 a.m. on November 20, 2017
BID FROM:
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Westphal&Company, in�. (Company)
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750 Cedar Cross Rd (AddCLSS� �I
Dubuque, IA 52003 �Cit�/, State, Zip�
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563.583.5749 �'�'e�gphOne� �
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401.1 General
The undersigned Bidder agrees, if the Bid is accepted, to enter into a Contract with the City, in
the form included in the .Contract Dacuments, to perForm and furnish the Work as specified or
indicated in the Contract Documents fior the Base Bid Lump Sum Price and within the Bid time
indicated in the Contract Documents and in accordance with other terms and conditions af the
. Contract Documents. 6
401.2 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 farty-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;
d. Bidder will sign and submit the Improvement Contract with the Bond and other
documents required by the Cantract Documents within ten (10) calendar days after
notification from the City;
� The Bidder hereby certifies that they are}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 ta increase or
decre�se; and further understands that all quantities of work, whether increased or decreased, �
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SECTION 00401 - �
Page 2 of 5 - �
are to be performed at the lump sum price 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.
401.3 Bidder's Acknowledqment
In submitting this Bid this Bidder acknowledges and represents that:
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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, ;
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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;
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5) The Bid is genuine and not made in interest of or on the behalf of an undisclosed �
person, firm or corporation; u
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. k
8) Addenda
1'he �idder ack�owledges receipt of the following addenda:
#1 Da�ed. 11.16.2017
Dated:
Dated:
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� SECTION 00401
- Page 3 of 5
401.4 Base Bid Amount (GRAI�D RIVER CENTER FLOOR BOX REPLACEMENT)
Bidder witl complete the work in accordance with the Contract Documents for the following:
Lump Sum Base Bid Amount $ 29,500.00 (figures)
Twenty nine thousand five hundred dollars.
(use words)
Any written exclusions on the Bid Form may render the Bid as nonresponsive and may ;�
result in a rejection of the Bid by the City. ;
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401.5 Alternate Bid Amount �
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The Lump Sum Base Bid Amount above will be adjusted in accordance with the following �
� Alternate Bid as OWNER may elect. Bidder will compete the Alternate work in accordance ��
with the Contract Documents for the following: �
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Lump Sum Alternate Bid Amount $ NOT APPLICABLE (figures) !i
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(use words) �
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401.6 Unifi Price Work Amount �
For changing specified quantities of work during the execution of the Project, from those
indicated by the Contract Documents, upon written Change Order issued by the City, the unit
prices indicated below sh�ll prevail. The unit prices include all labor, overhead and profit,
materials, equipment, removal, etc. to complete the Work necessary to replace roof decking in
poor condition, as determined by City. Only a single unit price shall be given and it will apply
to all related Work.
The Unit Price below will not be used by the City for determining the low bid amount.
Unifi Price Bid Amount: $ NOT APPLICABLE (figures)
(use words)
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SECTION 00401 •
Page 4 of 5
401.7 Timeliness
Bidder agrees that the work on said improvement must be commenced after November 20, 2017
and be fully completed on or before March 02, 2018 as indicated in Section 00800 — Construction
Schedule and Agreed Cost of Delay.
401.8 Additional Documents To Be Submi#ted With Bid
The following additional documen.ts are included and made a condition of this Bid:
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A. Bid Bond Section (00450)—or other approved Bid Securifiy. '
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. Ifi 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 lowa or a bank chartered under the laws of the United �
States. `{
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401.9 Contract Execution �
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The Bidder further agrees to execute a formal contract and Bond, within ten (10) calendar days i
after the date of the City's Notice of Award. The Bidder also agrees it will commence work on �
or before (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.
401.10 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 documenfis 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.
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� SECTION 00401
� Page 5 of 5
401.11 Siqnatures
Contractor: .
Westphal&Company, Inc.
Coniractor Name
750 Cedar Cross Rd
Street(Business Location)
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Street (Business Location) �
Dubuque �
Clty �
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IA 52003 i
State Zip '
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11.20.2017
Signature Date �
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Vice President !
Title
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___= END OF SECTIt7N 00401 =___
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SECTION 00460
Page 1 of 2
Bidder Status Form
SECTION 00460
To be completed bv all Bidders Par(�q
Please answer"Yes"or"No"for each of the following:
X Yes ❑ No My company is authorized to transact business in lowa.
(To help you determine if your company is authorized,please review the worksheet on the nexf page).
IXYes ❑No My company has an office to transact business in lowa.
X Yes ❑No My company's office in lowa is suitable for more than receiving mail,telephone calls,and e-mail.
IXYes ❑No My company has been conducting business in lowa for at least 3 years prior to the firs#request for Bids on this �
project.
[XYes ❑No My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would
qualify as a resident Bidder in lowa.
If you answered"Yes"for each question above,your company qualifies as a resident Bidder. Please complete '
Parts B and D of this form.
If you answered"No"to one or more questions above,your company is a non-resident 6idder. Please complete
Parts C and D of this form. �
To be completed bv all resident Bidders Part B �
My company has maintained offices in lowa during the past 3 years at the following addresses: �
Dates: 3/1970 t0 11/2017 Addl"esS: 750 Cedar Cross Rd
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(mm/dd/yyyy) Clty, State, Zlp: Dubuque,IA 52003 i
Dates: to Address: �
(mm/dd/yyyy) City, State, Zip: '
Dates: to Address:
(mm/dd/yyyy) City, State, Zip:
You may attach additional sheet(s)if needed.
To be completed bv all non-resident Bidders Part C
Name of your home state or foreign country reported to the lowa Secretary of State.
Does your company's home state or foreign country offer preferences to Bidders who are residents? ❑ Yes ❑ No
If you answered"Yes"to question 2, identify each preference offered by your company's home state or foreign country
and the appropriate legal citation.
You may atfach additional sheet(s)if needed.
To be completed bv all Bidders Part D
I certify that the statements made on this document are true and complete to the best of my knowledge and I know
that my failure to provide accurate and truthful information may be a reason to reject my Bid.
FII't11 N81T12: Westphai&Company,Inc.
Signature: �--�,-�-,,_ ��,,c______e__ Date: ��-20-20��
You must submit the complete form to the government body requesting Bids per 875 lowa Administrative Code Chapter 156
This Form has been approved by the Labor Commissioner
309-6001 02-14
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Worksheet: Authorization to Transact Business
This worksheet may be used to heip complete Part A of the Resident Bidder Status form. If at least one of the following
describes your business,you are authorized to transact business in lowa.
IX Yes ❑ No My business is currently registered as a contractor with the lowa Division of Labor.
❑ Yes ❑ No My business is a sole proprietorship and I am an lowa resident for lowa income tax purposes. ,
❑ Yes ❑ No My business is a general partnership orjoint venture.More than 50 percent of the general partners orjoint
venture parties are residents of lowa for lowa income tax purposes.
IX Yes ❑ No My business is an active corporation with the lowa Secretary of State and has paid all fees required by the ;
Secretary of State, has filed its most recent biennial report,and has not filed articles of dissolution.
IX Yes ❑ No My business is a corporation whose articles of incorporation are filed in a state other than lowa,the
corporation has received a certificate of authority from the lowa secretary of state,has filed its most recent
biennial report with the secretary of state, and has neither received a certificate of withdrawal from the
secretary of state nor had its authority revoked.
❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in this state and the
statement has not been canceled. i
❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in a state other than G
lowa, has filed a statement of foreign qualification in lowa and a statement of cancellation has not been filed.
❑ Yes ❑ No My business is a limited partnership or limited liability limited partnership which has filed a certificate of
limited partnership in this state,and has not filed a statement of termination.
❑ Yes ❑ No My business is a limited partnership or a limited liability limited partnership whose certificate of limited
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partnership is filed in a state other than lowa,the limited partnership or limited liability limited partnership
has received notification from the lowa secretary of state that the application for certificate of authority has
been approved and no notice of cancellation has been filed by the limited partnership or the limited liability
limited partnership.
❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in lowa and has not filed a
statement of termination.
❑ Yes ❑ No My business is a limited liabiliry company whose certificate of organization is filed in a state other than lowa,
has received a certificate of authority to transact business in lowa and the certificate has not been revoked
or canceled.
___= END OF SECTION 00460 =___
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SECTION 00471 •
Page 1 of 3
SECTION 00471
CONTRACTOR BACKGROUND INFORMATION
FOR SMALL CONTRACTS (Between $25,000 and $3,000,000)
All questions must be answered ciearly and comprehensively. If necessary, questions may be
answered on separate attached sheets. The Bidder may submit any additional information that it
deems necessary.
1. SUBMITTED BY:
— �
Official Name of Firm: westpnai&company, in�. �
Addl'eSS: 75o Cedar Cross Rd �
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Dubuque,lA 52003
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2. CONTRACTOR'S CONTACT INFORMATION: ;
Contact Person:
Ron Thielen �
�"It�e: Vice President
PhOne: 563.583.5749
EfT1all: rthielen@westphalec.com N
3. TYPE OF ORGANIZATION:
❑ SOLE PROPRIETORSHIP
Name of Owner:
Doing Business As
Date of Organization:
❑ PARTNERSHIP
Date of Organization:
Type of Partnership:
Name of General Partner(s): �
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SECTION 0047'I
� Page 2 of 3
0 CORPORATION
State of Organization: w�S�ons�n
Date of Organization: �s3�
Executive Officers: cEo John Westphal
- Pi"2SId2nt: Dan zurawik '
- Vice President(s): Ron rn�e�en
Gary Fuchs �
Mike 0'Shea
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- TI"eaSUC2i': Mark McCluskey
- Secretary: Mark McCluskey ,i
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❑ LIMITED LIABILITY COMPANY '
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State of Organization: �i
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Date of Organization: '
Members: �
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❑ JOINT VENTURE '
State of Organization:
Date of Organization: ,
�Form of Organization: '
Joint Venture Managing Partner
- Name:
- Address
Joint Venture Managing Partner
- Name:
- Address:
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SECTION 00471 `
Page 3 of 3 . ,
9
V
Joint Venture Managing Partner �
- Name: �
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- Address
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❑ Other �
State of Organization: �
,
Name of Organization: �
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Form of Organization: �
Date of Organization: �
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� Principal �
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- Name: ;�
- Title: ;�
i�
- Address: � �
II
A. How many years has your organization been in business as a contractor?
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86 years. � �
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B. How many years have you been engaged in the contracting business under your '
present firm or trade name? 32 years.
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� �--�^"� WESTCO2 OP ID: MRH
AC'ORUa CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY)
�-�'"� 01/02/2018
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 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 NAMEACT Tim Hausmann,CIC,CRM
Hausmann-Johnson Insurance Inc PHONE Fax
700 Regent St.,PO Box 259408 a,ic No eXt:608-257-3795 ,aic No: 608-257-4324
Madison,WI 53725-9408 E-MAIL
Tim Hausmann,CIC�CRM ADDRESS:
INSURER S AFFORDING COVERAGE NAIC#
iNsuReRn:General CasualtyCo 24414
INSURED Westphal&Company,Inc. � iNsuaeas:Regent Insurance Company � 24449
PO Box 7428 iNsuReRc:Columbia Casualty Company
Madison,WI 53707
INSURER D:
INSURER E: I�
' INSURER F:
COVERAGES CERTIFICATE NUMBER: 2017 REVISION NUMBER: II
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, I;
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. H
INSR TypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR IN D WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 'I�OOO�OO
� CLAIMS-MADE �OCCUR CCI0420521 04/01/2017 04/01/2018 DAMAGET RENTED 300 0o I�,�
PREMISES Ea occurrence �
MED EXP(Any one person) $ ��,00 �'.�
- PERSONAL&ADVINJURY $ 'I�OOO�OO
GEN'L AGGREGATE LIMIT APPLIES PER: � . GENERAL AGGREGATE $ Z,OOO,OO ill
POLICY�JECT �LOC
PRODUCTS-COMP/OPAGG $ Z,OOO,OO �I,�
OTHER: $
AUTOMOBILELIABILITY COMBINEDSINGLELIMIT $ ��OOO�OO i
Ea accident
A X qNYAUTO CBA0420521 04/01/2017 04/01/2018 BODILYINJURY(Perperson) $
ALLOWNED SCHEDULED BODILYINJURY(Peraccident) $ I
AUTOS AUTOS �
X X NON-OWNED . PROPERTYDAMAGE $
HIREDAUTOS AUTOS Peraccident
$
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 'I O,OOO,OO
/,� EXCESSIIAB CLAIMS-MADE CCU0420521 04I01/2017 04/01/20�8 pGGREGATE $ ��,��0,��
DED X RETENTION$ 0 $
WORKERS COMPENSATION X PER OTH-
AND EMPLOYERS'LIABILITY STATUTE ER
B ANYPROPRIETOR/PARTNER/EXECUTIVE Y�N CWC0420521 � 04/01/2017 O4IO'IIZO'IH E.L.EACHACCIDENT $ �OO�OO
OFFICER/MEMBER EXCLUDED? � N�A � �
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ ���,�� �
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ SOO,OO �
C Professional CE0591888853 04/01/2017 04/01/2018 Per Claim 2,000,00 �
Liability Deduct 25,00 �
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may qe attached if more space is required)
RE:Grand River Center Flood Box Replacement Project,IA.When required in
written contract the certificate holder,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 listed as additional insureds on a primary and...(NEXT)
CERTIFICATE HOLDER CANCELLATION
CITYDUB
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Clt of Dubu U0 THE EXPIRATION DATE THEREOF, NOTICE WILL 8E DELIVERED IN
Y G ACCORDANCE WITH THE POLICY PROVISIONS.
Leisure Services Department
2200 Bunker Hill Road AUTHORIZED REPRESENTATIVE
Dubuque,IA 52001 ��
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O 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
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NOTEPAD. HOLDERCODE CITYDUB WESTCOZ PAGE2
. INSURED'SNAME Westphal&Company,Inc. OP ID:MRH Date 01/02/2018 -
non-contributory basis with respect to commercial general liability for -
ongoing and completed operations. Waivers o£ subrogation apply in.favor of
the additional insureds with respect to commercial general liability and
workers compensation.
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COMMERCIAL GENERAL LIABILITY
CG 81 02 08 05
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS BLANKET ADDITIONAL INSURED
ENDORSEMENT ��
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This endorsement modifies insurance provided under the following: �
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. WHO IS AN INSURED (Section II) is amended to 4. The insurance provided to the additional
include as an insured any person or organization insured does not apply to: �
(called additional insured)whom you are required "Bodily injury", "property damage", or
to add as an additional insured on this policy "personal and advertising injury"arising out of
under a written contract or written agreement; but the rendering of, or failure to render, any
the written contract or written agreement must be: professional architectural, engineering or �
1. Currently in effect or becoming effective surveying services, including:
during the term of this policy; and a. The preparing, approving, or failure to
2. Executed prior to the "bodily injury", "property prepare or approve maps, shop drawings,
damage"or"personal and advertising injury". opinions, reports, surveys, field orders, �
B. The insurance provided to the additional insured change orders or drawings and
is limited as follows: specifications; and II
1. That person or organization is an additional b. Supervisory, inspection, architectural or
insured only with respect to liability for"bodily engineering activities.
injury", "property damage" or "personal and 5. We have no duty to defend or indemnify an I
advertising injury" caused in whole or in part, additional insured under this endorsement:
by� a. For. any liability due to negligence
a. Your acts or omissions; or attributable to any person or entity other
b. The acts or omissions of those acting on than you or those acting on your behalf in
your behalf. the performance of your operations for
the additional insured.
in the performance of your operations for the
additional insured. b. For any loss which occurs prior to our
named insured commencing operations
2. The Limits of Insurance applicable to the at the location of the loss.
additional insured are those specified in the
written contract or written agreement or in the c. Until we receive written notice of a claim
Declarations of this policy, whichever is less. or "suit" from the additional insured as
These Limits of Insurance are inclusive of, required in the Duties In The Event of
and not in addition to, the Limits of Insurance Occurrence, Offense Claim or Suit
shown in the Declarations. Condition.
3. The coverage provided to the additional C. As respects the coverage provided under this
insured by this endorsement and paragraph f. endorsement, the COMMERCIAL GENERAL
of the definition of "insured contract" under LIABILITY CONDITIONS (SECTION IV) are
DEFINITIONS (SECTION V) do not apply to amended as follows:
"bodily injury" or "property damage" arising 1. The following is added to the Duties In The
out of the "products-completed operations Event of Occurrence, Offense, Claim or
hazard" unless required by the written Suit Condition:
contract or written agreement. An additional insured under this endorsement
will as soon as practicable:
Includes copyrighted material of Insurance Services Office Inc.,with its permission. �
CG 81 02 08 05 Copyright, Insurance Services Office, Inc.2002 Page 1 of 2 �
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(1) Give written notice of an occurrence 2. As respects the coverage provided under this
or an offense to us which may result endorsement, Paragraph 4.b. of the Other
in a claim or "suit" under this Insurance Condition is deleted and replaced
insurance; by the following:
(2) Agree to trigger or activate any other 4. Other Insurance
insurance which the additional b. Excess Insurance
insured has, which is primary, for a
loss we cover under this Coverage This insurance is excess over any
Part by tendering the defense to the other insurance naming the additional
insurers of all such other insurance. insured as an insured whether
primary, excess, contingent or on any i
other basis unless the written
contract or agreement described in A.
above specifically requires that this
insurance be provided on either a
primary basis or a primary and
noncontributory basis. I
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Includes copyrighted material of Insurance Services Office Inc.,with its permission.
Page 2 of 2 Copyright, insurance Services Office, Inc.2002 CG 81 02 08 05
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4. Other Insurance 1. Each of your "locations" owned by or rented
b. Excess Insurance to you; and
(1} This insurance is excess over: 2• Each of your projects away from premises �
owned by or rented to you.
, !a) any of the other insurance, °Location" means premises involving the same or
whether primary, excess, contin- connecting lots, or premises whose connection is
, gent or on any other basis: . interrupted only by a street, roadway,waterway or
� (i) That is Fire, Extended Cov- right-of-way of a railroad.
, erage, Builders Risk; Installa- �, gpDILY INJURY REDEFINITION
tion Risk or similar coverage
for"yaur work"; Paragraph 3.SECTION V. -- DEFINITIONS of
� (ii) That is insurance covering COMMERCIAL GENERAL LIABILITY COVER- `
' Fire; smoke from a "hostile AGE FORM CG0001 is deleted and repiaced by i
i fire"; explosion; lightning;
the fo{lowing:
, smoke resulting from such 3. "Bodily injury" means bodily injury, sickness '�
i explosion or lightning; colli- or disease sustained by a person, including i;
sion by "mobile equipment" mental anguish, injury or illness or emationa{ �
! or leakage from fire protec- distress and/or death resulting from any of ,I
� tion systems for premises these at any time. 1
i while rented to you or tempo- K. INSURED CONTRACT—LEASE OF PREMISES �I
rarily occupied by you with ,i
� permission of the owner; or Paragraph 9.a. of SECTlON V -- DEFINITIONS i
� (iii)That is insurance to cover your of COMMERCIAL GENERAL LIABILITI( COV- !I
� liability as a tenant for "prop- ERAGE FORM CG0001 is deleted and replaced ��
: erty damage" to premises by the following: �I
� while rented to you or tempo- 9. "Insured contract"means: li
, rarily occupied by you with �, a contract for lease of premises. How-
permission of the owner;or �
ever, that portion of the contract for a �
� (iv)1f the loss arises out of the lease of premises that indemnifies any �
maintenance or use of aircraft, person ar organization for"property dam-
"autos", or watercraft to the age" by fire; smoke from a "hostile fire",
I extent not subject to para- explosion; lightning; smoke resulting from
I graph 2. Exclusions g. Air- such explosion or lightning; collision by
craft, Auto Or Watercraft of "mobile equipmenY' or leakage from fire
SECTION I COVERAGES, protection systems to premises while
� COVERAGE A.BC?DIL.Y IN- rented to you or temporarily occupied by
JURY AND PROPERTY you with permission of the owner is not �
i DAMAGE LIABILITY of COM- an"insured contracY'.
MERCIIIL faE�NERAL LIA�IL- L. LIBERALIZATION
ITY FORM CG0001.
� If we revise this endorsement to provide more
� I. AMENDMENT OF AGGREGATE LIMIT OF
INSURANCE coverage without additional premium charge, your .
I policy will automatically provide the coverage as �
i The General Aggregate Limit Of Insurance refer- of the day the revision is effective in your state. �
enced in paragraph 2.SECTION Ill---LIMITS OF
' INSURANCE applies separately to:
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Includes copyrighted material of Insurance Services Office, Inc.,
Page 4 of 4 with its permission. CG 79 50 Q3 09
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CCI 0420521 ORIGINAL COPY
COMPREHENSIVE INSURANCE POLICY �
AGENCY BILL
RENEWAL DECLARATION
RENEWAL OF:
CCI 0420521
POLICY NUMBER POLICY PERIOD COVERAGE IS PROVIDED IN THE AGENCY
CCI 0420521 04/01/2017 04/Ol/2Q18 REGENT INSURANCE COMPANY 0480399
NAMEDINBURED AND ADDRESS AGENT
WESTPFiA,L AND COMPANY INC HAUSMANN-JOHNSON INSURANCE INC
I PER G40-1 700 REGENT STREET
PO SOX 7428 Po BOX 259408
MADISON W2 53707 MADISON WI 025 53725
�
ENDORSEMENT
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I CITY OF DUBZTQUE, IOWA GdVERNMENTAL IMMUNITIES ENDORSEMENT
�
I 2. NONWAIVER OF GOVERNMENTAL INII�IUNITY. THE INSURANCE CARRIER EXPRESSLY AGREES AND STATES ��
I THAT TAE PURCHASE OF THIS POLICY .AND THE INCLUDING OF THE CITY OF DUBUQUE, IOWA RS AN h
' ADDITIONAL INSURED DOES NOT WAIVE ANY OE THE DEFENSES OF GOVERNMENTAI, IMMUNITY �
I AVAILABLE TO THE CITY OF DUBUQUE,TOWA UNDER CODE OF IOWA SECTION 670.4 AS IT IS NOW
I EXISTS AND AS IT MP,Y BE AMENDED FROM TIME TO TIME. ,
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I 2. CLAIMS COVERAGE. THE INSURANCE CARRIER FURTHER AGREES THAT THIS POLICY OF INSUR.ANCE
SHALL COVER ONLY THOSE CZAIMS NOT SUBJECT TO THE DEFENSE OF GOVERNMENTAL IMMUNITY UNDER �
I THE CODE OF IOWA SECTION 670.4 AS IT NOW EXIST5 AND AS IT MAY BE AMENDED FROM TIME TQ �
TIME. THOSE CLAIMS I�iOT SUBJECT TO CODE QF IQWA SECTION 670.4 SHAI�L BE COVERED BY `THE
I TERMS AND CONDITIONS OF THIS INSURANCE POLICY.
I 3. ASSERTION OF 60VERNMENTAL IMMUNITY. THE CITY OF DUBUQUE, 20WA SHALL BE RESPONSTBLE
I FOR ASSERTING ANY DEFENSE OF GOVERNMENTAL IMMIJNITY AND MAY DO SO AT ANY TIME AND SHALL
F�R ASSERTING ANY DEFEN5E OF GOVERNMENTAL IMMUNITY AND MA.Y DO SO AT ANY TIME AND 9HALL
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4. NON-DENIAL OF COVERAGE. THE INSURANCE CARRIER 9HAZL NOT DENY COVERAGE UNDER `FHIS POLICY �
� AND THE INSURANCE CARRIER SHALL NOT DENY ANY OF THE RIGHTS ANb BENEFITS ACCRUING TO THE
� Cl2Y OF DUBUQUE, IOWA UNDER THIS POLICY FOR REASONS OF GOVERNMENTAI, IMMUNITY UNLESS AND
UNTIL A COURT OF COMPETENT JURISDICTION HAS RUZED IN FAVOR OF THE DEFENSE(S) OE'
� GOVERNMENTAL TMMUNITY ASSERTED BY THE CITY OF DUBUQUE, IOWA.
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( NO OTHER CHANGE IN POLICY. THE ABOVE PRESERVATION OF GOVERNMENTAL IMMUNI`PIES SHAI,L NOT
OTHERWISE CHANGE OR AI,TER THE COVERAGE AVAILABLE UNDER THE POLICY.
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G40 -8 05-85 Pagel of 1 �
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•57070q80799CC104I05]1140000854])1ZOq+�
. CCI0420521
° �
COMMERCIAL GENERAL LIABILITY
CG 24 0410 93
THIS ENDORSEMENT CHANGES THE P4LICY. PLEASE READ IT CAREFULLY.
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9
WAIVER �F TRANSFER OF RIGHTS OF RECOVERY �
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AGAINST OTHERS TO US
� This endorsement modifies insurance provided under the following:
I COMMERCIAL GENERAL LIABILITY COVERAGE PART I
�� SCHEDULE �
'I Name of Person or Organization: BLANKET IF REQUIRED BY WRITTEN CONTRACT �
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I = (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as '
� applicable to this endorsement.)
I � The TRANSFER OF RIGHTS OF RECOVERY AGAINST C?THERS TO US Condition (Section N—COMMERCIAL
� GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: �
� We waive any right of recovery we may have against the person or organizatian shown in the Schedule above be-
z cause of payments we make for injury or damage arising out of your ongoing operations or"your work"done under
� a contract with that person or organization and included in the"products-completed operations hazard".This waiver
� applies only to the person or organization shown in the Schedule above.
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