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Improvement Contract_Portzen Contstruction_5 Points Traffic Signal• • 0 11 MAX" Uplazaawma THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the m . day of 6� -v T , 20I , between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager its City Council(City) and Portzen Construction, Inc. of the City of Dubuque, Iowa (the 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 5 Points Traffic Signal Reconstruction Project (the Project). The Project shall be constructed according to the plans and specifications on file in the City Engineer's office for this Project; in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque relating to public works, and in accordance with the Contract Documents all of which provisions and documents are each and all hereby referred to and made a part of this Contract just as much as if the detail statements thereof were repeated herein. 2. Contract Documents shall mean and include the following: All ordinances and resolutions heretofore adopted by the City Council having to do with the Project; the Notice to Bidders; the Contractor's Proposal; and the Plans, Specifications, and General Requirements as adopted by the City Council for the Project. 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. V. Five percent (5 %) of the Contract price shall 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 that may be filed within said time 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 time, as provided in Iowa Code Chapter 573. The City shall 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 shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the specifications including General Requirements and has examined and understands the plans herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 7. In addition to the guarantee provided for in the specifications, the Contractor shall also make good any other defect in any part of the Project due to improper construction notwithstanding the fact that said Project may have been accepted and fully paid for by the City, and the Contractor's bond shall be security therefor. 8. The Contractor shall fully complete the Project under this Contract on or before October 19, 2012. 9. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. THE CITY AGREES: Upon the completion of the Contract, and the acceptance of the Project by the City Council, the City agrees to pay the Contractor as full compensation for the complete performance of this Contract, the amount determined for the total number of units completed at the unit prices stated in the Contractor's Proposal and less any liquidated damages provided for in the Contract Documents. The number of units stated in the plans and specifications is approximate only and the final payment shall be made by the work covered by the Contract. CONTRACT AMOUNT $149,432.00 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 agreement 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 agreement or arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the letting 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 be less than $ ( Dollars) as liquidated damages to the City. The surety on the bond furnished for this Contract, shall in addition to all other provisions, be obligated to the extent provided for by Iowa Code § 573.6, relating to this Contract, which provisions apply to said bond. The Contractor agrees, and its bond, shall be surety therefore, that it will keep and maintain the Project in good repair for a period of two years after acceptance of the same by the City Council and its bond shall be security therefor. CITY OF DUBUQUE, IOWA BY:... City Manager Contractor BY: t _� This is to certify that a certified in my office on the X--- ­'_1 , ; ? � _ day copy- ,,of the, above Contract has been filed of g '20 kevin Firinstalil',- City Clerk KNOWN ALL MEN BY THESE PRESENTS: That Portzen Construction, Inc. as Principal and United Fire & Casualty Co. as Surety are held firmly bound unto the City of Dubuque, Iowa, in the penal sum of $149,432.00 the same being 100% of the total price of the Contract for the Project herein referred to, lawful money of the United States of America, well and truly to be paid to said City of Dubuque, and to all other parties who, under the provisions of the laws of Iowa, are intended to be protected and secured hereby for which payment we bind ourselves, our heirs, executors, successors and assigns, jointly and severally by these presents. Dated at Dubuque, Iowa, this 5th day of September , 20 12 , and duly attested and sealed. WHEREAS, the said Contractor by a Contract dated , incorporated herein by reference, has agreed with said City of Dubuque to perform all labor and furnish all materials required to be performed and furnished for the 5 Points Traffic Signal Reconstruction Project (the Project) according to the Contract and plans and specifications prepared therefor; and WHEREAS, the Contractor is required to promptly pay all claims for labor and materials furnished in the performance of the Contract and also to save harmless said City from damage claims to person and property arising through the performance of the Contract; and WHEREAS, said Contractor is obligated and bound by the Contract to keep and maintain said Project in good repair for a period of two (2) year(s) after acceptance of the same by the City Council of said City and this bond shall be security therefor. NOW, THEREFORE, the condition of this obligation is such that if the said Contractor shall perform all of the work contemplated by the Contract in a workmanlike manner and in strict compliance with the plans and specifications, and will pay all claims for labor and materials used in connection with said Project, to indemnify the said City for all damages, costs and expense incurred by reason of damages to persons or property. arising through the performance of said Contract, and will reimburse the City for any outlay of money which it may be required to make in order to complete said Contract according to the plans and specifications and will maintain in good repair said Project for the period specified in the Contract where this bond is obligated for maintenance, and will faithfully comply with all of the provisions of Section 573 of the Code of Iowa, then this obligation shall be null and void, otherwise it shall remain in full force and effect. All the conditions of this bond must be fully complied with before the principal or its surety will be released. The Contract, Contractor's Proposal, and plans and specifications shall be considered as a part of this Bond just as if their terms were repeated herein. Dated at Dubuque, Iowa this 5th day of September , 20 12 Portzen Construction, Inc. Principal t S , v tt-�— Michael J. Portzen, Vice President United Fire & Casualty Company Surety t orney in Fact Terrance J. Friedman Attorney in Fact FAT -•. E Dubuque IA 52004 -0759 INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURERA:United Fire & Casualty Com an 13021 Portzen Construction, Inc.; dba Dubuque INSURERS: Plumbing & Heating; Portzen Leasing, LLC; INSURER C: Portzen Building Firm LLC INSURERD: _ 205 Stone Valley Drive INSURER E: Dubuque IA 52003 INSURER F: rnvconr_ce (`c®Tl=If`ATC nit 11RRRF10-11 -19 RFVI.RIn 1 PIIInARFR� 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. ILT R TYPE OF INSURANCE LTR ? ADDLISUBR INSR i VYVD I POLICY NUMBER -- POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100 000 PREMISES (Ea occurrence $ r _ A CLAIMS -MADE [:X:] OCCUR X 60410305 12/31/2011 12/31/2012 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 i GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OPAGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: $ POLICY �X PRO- JECT JECT AUTOMOBILE X A LIABILITY ANY AUTO ALL OWNED AUTOS 60410305 12/31/2011112/31 i /2012 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) i $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE $ (Per accident) Underinsured motorist $ 100,000 NON -OWNED AUTOS Uninsured motorist combined $ 100,000 X UMBRELLA LIAB I X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 _ A '': X EXCESS LIAB CLAIMS -MADE 60410305 12/31/2011 12/31/2012 DEDUCTIBLE RETENTION $ 10,000 $ _ $ WORKERS COMPENSATION p' AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER /EXECUTIVE : OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 60410305 12/31/201112/31 /2012 WC STATU- 0TH - X TORY LIMITS ER E.L. EACH ACCIDENT_ 1 $ 500,000 _ E.L. DISEASE - EA EMPLOYEE! 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: 5 Points Traffic Signal. The City of Dubuque is an additional insured on general liability incl. ongoing & completed operations equivalent to forms ISO CG2010 0704 per attached. Genral liabilty is primary & non - contributory. Policy incl. CG2503 0397 "Designated Projects" general aggregate limit or equivalent. Governmental Immunities is included. Workers Compensation includes waiver of subrogation in favor of certificate holder. The City of Dubuque 50 W. 13th St Dubuque, IA 52001 L,A1MUrLLA I IUIM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE T Friedman, CPCU /TJ ACORD 25 (2009109) ) 1988- 2009 ACORD CORPORATI ®N. Au rights reservea. INS025 (200909) The ACORD name and logo are registered marks of ACORD 60410305 CG 71 63 04 09 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PREMIUM 250 The City of Dubuque, Iowa, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and /or authorities and their board members, employees, and volunteers, are included as Additional Insureds with respect to liability arising out of the Insured's work and /or services performed for the City of Dubuque, Iowa. This coverage shall be primary to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional Insureds, whether other available coverage be primary, contributing or excess. 10 CITY OF - ! IOWA GOVERNMENTAL ENDORSEMENT (For use when including the City as an Additional Insurel Nonwaiver of Government Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. CG 71 63 04 09 Page 1 of 2 CG 71 63 04 09 5. No Other Change in Police. The insurance carrier and the City of Dubuque, Iowa agree that the { above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. CITY OF DUBUQUE, • . _ • ■ _•- Thirty (30) days Advance Written Notice of Cancellation, Non - Renewal, Reduction in insurance coverage and/or limits and ten (10) days written notice of non - payment of premium shall be sent to: City of Dubuque, 50 W. 13th St., Dubuque, Iowa 52001. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance to which this endorsement is attached. Note: Endorsements above per `Urban Standard Specifications For Public Improvements', Addendum No. 2 effective July 24, 2001. CG 71 63 04 09 _____.____.__-- _.page 2 of 2 Iowa Department of Transportation District 6 Maintenance Office (319) 365 -3558 5455 Kirkwood Blvd. SW, Cedar Rapids, IA 52404 Fax (319) 730 -1564 August 28, 2012 Don Vogt, Public Works Director City of Dubuque 925 Kerper Court Dubuque, IA 52001 Dear Mr. Vogt: Ref: 832 City of Dubuque (Lighting Agreement) Enclosed you will find your copy of the approved Supplemental Agreement between the City of Dubuque and the Iowa Department of Transportation for the, period of July 1, 2012 through June 30, 2013 for your files. Sincerely, - /t �3 kVl John Wilson J District Maintenance Manager �� Enclosure Cc: Mayor Roy D. Buol, City of Dubuque, 50 W. 13`h St, Dubuque, IA 52001 -4864 Gus Psihoyos, Engineer, City of Dubuque, 50 W. 13`h St, Dubuque, IA 52001 -4864 Sheri Harris, ERMS, Records Management Services, Iowa Dept of Transportation John Selmer, Statewide Operations Bureau, Iowa Dept of Transportation Art Gourley, Area Engineer, Iowa Dept of Transportation Dave Shanahan, Dubuque/Dyersville Area Supervisor, Iowa Dept of Transp. For;n 810035wd 4 -01 Iowa Department of Transportation \ - SUPPLEMENTAL AGREEMENT For Maintenance of Primary Roads in Municipalities This Supplemental Agreement made and entered into by and between the Municipality of City of Dubuque , Dubuque County, Iowa, hereinafter referred to as the Municipality, and the Iowa Department of Transportation, Ames, Iowa, hereinafter referred to as the Department. AGREEMENT: This Agreement supplements the Agreement for Maintenance and Repair of Primary Roads in Municipalities entered into by the parties on February 23 , 2012 , and in effect from July 1, 2011 , to June 30, 2016 The Municipality agrees to perform and accept all responsibility for those maintenance activities listed in Sections I.B.1, I.B.3, I.B.4 and I.C.1 of the basic Agreement, with respect to the primary roads within the corporate limits of the Municipality specifically described in this section. In consideration thereof, the Department agrees to pay the Municipality at the rate of N/A / lane mile for acceptable work at the end of the fiscal year ending on June 30th: Route From To Lane Miles Total Cost Pavement maintenance does not include full depth patching and bituminous resurfacing. I.C.1 does not include traffic services and painting and structural repair to bridges. III. The Municipality further agrees to perform additional maintenance for the Department on primary roads as specifically described below: The City of Dubuque will provide routine maintenance and monitor /adjust the signal timing as needed for traffic installations at the locations listed below. Maintenance will be in accordance with the City's guidelines for the "Annual Maintenance of Traffic Signals and Cabinets ", attached as Exhibit "A ". Locations: 1. U.S. 52/61/151 at the intersection with Twin Valley Drive. 2. Iowa 3 /U.S. 52 at the intersection with Iowa 32 (Northwest Arterial). In consideration thereof, the Department agrees to pay the Municipality the following amounts after the work has been completed: The cost of labor will be billed back to the State based on the wages of the personnel involved. The cost of parts will be billed back to the State on an actual cost basis. The City of Dubuque shall submit to the State of Iowa an annual accounting of costs upon which reimbursement will be made. IV. This Supplemental Agreement may be terminated at any time by either party upon 30 days written notice. V. This Supplemental Agreement shall be in effect from July 1, 2012 to June 30, 2013 unless renegotiated or terminated. IN WITNESS WHEREOF, the parties hereto have set their hands, for the purposes herein expressed on the dates indicated below. City of Dubuque UNICIPALITY 10 DEPARTMENT TRA SPORTATION By - BY � pyrt� 7 ` /District Engineer Date 4 Date �/ 7 / last updated April, —1012 EXHIBIT "A„ Annual Maintenance of Traffic Signals and Cabinets Yearly maintenance shall consist of.• Signals • Exterior cleaning of signal heads if needed. • Check angle of alignment of each head (try to align all heads) • Observe for broken or extremely faded back plates • Check operability of pedestrian buttons • Observe Walk / Don't Walk status, lenses etc • Inspect exterior equipment, note in log if painting, replacement, etc is necessary • Wash camera lenses • Replace any burned out incandescent or LED signal lamps • Observe signal timings — note any needed adjustments to Engineering • Confirm correct operation of microwave vehicle detection Cabinet • Vacuum • Replace Filter • Check/Clean exhaust fan • Log Make, Model and Serial numbers of the following: - Cabinet - Controller - Conflict Monitor - Video detection equipment and monitors - Pre - emption systems - Battery Backup Devices • Perform Test of Conflict monitor and attach printout to log, Note any failures immediately to Engineering • Oil Locks and Hinges • Tighten electrical connections • Note any changes to timings or Video detection. Notify Engineering of changes so data can be backed up electronically • Check if accurate phase diagram is present in cabinet • Update database sheet printout and return to Engineering once maintenance is complete. LiJ til 0 < RECEIVED CL_= .� Cy (D AUG 13 2012 M w U" J>. G, 4— U IOWA DOT DISTRICT 6 OFFICE ev