Improvement Contract_Portzen Contstruction_5 Points Traffic Signal• • 0 11 MAX"
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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
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RECEIVED
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AUG 13 2012
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DISTRICT 6 OFFICE
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