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Improvement Contracts and Bonds_Tschiggfire Excavating, 151/61 Water Main RelocationCITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the day of , 2013, between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City) and Tschiggfrie Excavating, Inc. of the City of Dubuque, Iowa. 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 Highway 151/61 Water Main Relocation (the Project). The Project shall be made to the established grade and to the grades as shown on the profiles and cross - sections on file in the Water Distribution 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 Document shall 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: This improvement contract and 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. 5. 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. 1 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 therefore. 8. The Contractor shall fully complete the Project under this Contract on or before: September 3, 2013. 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 attorney 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 including loss of use resulting there from, 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 $ 372,678.35 (Three Hundred Seventy Two Thousand Six Hundred Seventy Eight and 35/100) 2 FURTHER CONDITIONS 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 $37,267.84 (Thirty Seven Thousand Two Hundred Sixty Seven and 84/100 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 therefore. The City of Dubuque and the Contractor agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U.S.C. 1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15). Contractor shall 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). CITY OF DUBUQUE, IOWA PRINCIPAL By Tschiggfrie Excavating, Inc. City Manager 3 ignature General Superintendent Title CERTIFICATE OF CITY CLERK This is to certify tha%a certified copy of the above Contract has been filed in my office ="�"fr) 1 R on they day of ''(_..,- , 2013. 4 Kevin S. Firnstahl, City Clerk City of Dubuque - Water Department BIDDER NAME: BID PROPOSAL FOR: 151/61 Water Main Relocation 81D ITEM DESCRIPTION BASE BID 1 Mobilization 2 Traffic Control 3 Connect to Existing Water Main 4 Vertical Pipe Structure & Shoring 5 Bore Pit & Shoring 6 6" D.I. Water Main 7 8" D.I. Water Main 8 12" D.I. Water Main 9 16" D.I. Water Main 10 26" Casing Pipe, w /Pipe Spacer, Open Cut, Complete 11 26" Bore Casing Pipe, w/ Pipe Spacers & Jacking, Complete 12 Capping and Abandoning Water Main (Including Flowable Fill) 13 6" x 6" Anchoring Tee 14 6 "90 °Bend 15 6" RS Gate Valve & Box 16 6" Megalugo 17 6" D.I. 22.5° Bend 18 6' Romac Macro" Coupling 19 Fire Hydrant 20 8" x 6" D.I. Reducer 21 8" Megalug"' 22 8" RS Gate Valve & Box 23 12" Romac Macro " Coupling 24 12" D.I. Cap 25 12" Megalug"' 26 12" 90° Bend 27 12" x 6" D.I. Reducer 28 12" D.1. 45° Bend 29 12" RS Gate Valve & Box 30 12" Field Lok 350 Gaskets 31 12" Nitrile Pipe Gaskets 32 16" Megalug0 33 16' Romac Macro" Coupling 34 16" D.I. 90' Bend (in vertical pipe structure 35 16" x 8" Anchoring Tee 36 16" Butterfly Valve & Box 37 16" x 12" D.I. MJ Tee 38 16" x 16" D.I. MJ Tee 39 16" D.1.45 °Bend 40 16" x 6" D.I. Reducer 41 16" 11.5° Bend 42 16" D.I. 22.5° Bend 43 16" Field Lok 350 Gaskets 44 16" SS Thrust Rodding (in vertical pipe structure) 45 4' x 8' x 2" Pipe Insulation Sheet 46 ACC Patch, (7.5" min. thickness) 47 PCC Curb & Gutter, Remove & Replace 48 Crushed Aggregate Base Course, (6 -inch min. thickness) 49 PCC Sidewalk Curb Ramp, (6 -inch min. thickness) 50 Detectable Warning Pavers (2' x 2') 51 Select Backfill (limestone screenings) 52 Concrete Washout Area 53 Erosion Control Blanket 54 Vehicle Tracking Pad 55 Silt Fence 56 Hydroseeding UNIT DATE: ESTIMATED QUANTITY BID FORM IA r BID UNIT COST TOTAL COST LS 1 ,'Sy` ? •,y`i. 70 LS 1 6_ 50�: "= �,Scc.`= EA 4 /5Sy'1c.aIIO"9 LS 1 47,9Lof;E 475?, /? EA 2 LF 43 LF 30 LF 340 LF 690 LF 28 LF 205 EA 2 EA 2 EA 1 EA 6 EA 22 EA 2 EA 5 EA 1 EA 1 EA 1 EA 1 EA 3 EA 2 EA 15 EA 1 EA 2 EA 2 EA 2 EA 4 EA 19 EA 37 EA 2 EA 2 EA 1 EA 6 3 s' ' -2e EA 3 35 656- EA 1 %7ig`G� / )I�`= EA 6 4.J 9,3'' 7, 7 .5-3 2 EA 2 73 i'=-2. 1.9 &,2 EA 1 6 g2:4 �aA"9 EA 4 ! 2` ? 9.23T EA 6 ;1 ci?.. yL LS 1 j ©gaw &l'-: J,©fS,? 41 °' EA 4 aSCb TONS 195 J,,c J: •72O° LF 140 1g ,s Ss' /�� TONS 150 ____L-1 3 �� ,5-'?75-tr.? SF 160 / ' (.icir EA 2 2 S5 "� „VD TONS 1,180 9'' +' / /y!5/ °—J LS 1 7,66 C:Lu(37� SY 2,830 J u 'J`hn'J" LS LF 910 / v /,�tc/a j. Z SY 850 /3, Sv94/ 27 ;3"/ =' Sv,s / cag s� 'c - S 4,Y/ /Z3:25 3.4'5J° r67 �5 S.a, 73L=` 136S'` =� 5:3J. i D5:' 467 `,J 7$ ' !, 01,7 8`= y�3� 43ZE c-4,2 -gam ,:yri:31€ 7 `r 73i,& 6:;(3. -/ j S I cf? (oOG° '73 c4 1/.3/8c_; si%35 f,SY "S e�' 33y i2, 5x i, ZZ4 "' Z, 12 Zz2 BASE BID TOTAL: J 3721/. (Bid Items No.1 to 56 Total) j` 1 37) X73 BID FORM 1B BID PROPOSAL 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, and contract form, including the special provision contained herein, and of the site of the work, and the bidder understands that the quantities of work shown herein are approximate only and are subject to increase or decrease; and further understand that all quantities of work, whether increased or decreased, are to be performed at the unit 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. Accompanying this proposal in a separate envelope is a cashier's or certified check payable to the City Treasurer, City of Dubuque, drawn on a bank in Iowa or a bank chartered under the laws of the United States, in the amount of ten percent (10 %) of the bid submitted; or a bid bond in the penal sum of ten percent (10 %) of the bid submitted executed by the bidder and an acceptable Corporate Surety. It is understood that this proposal guarantee will be retained in the event the formal contract or bond is not executed, if award is made to the undersigned. The bidder further agrees to execute a formal contract and bond, if required by the contract documents, within seven (7) days of the award of the contract by the City Council, and that they will commence work on or about ten (10) days after the date of the contract, and will complete the work within the specified contract period or pay the liquidated damages stipulated in the contract documents. The bidder acknowledges receipt of the following addendum: PRINCIPAL Dated: Dated: Dated: ( ) Partnership ( ) Corporation By: Signa Title City State Date Zip Note: To be completed by out -of -state bidders. The State of does ( ) / does not ( ) utilize a percentage preference for in -state bidders. The amount of preference is percent. 13 BIDDER'S QUALIFICATION STATEMENT Page 1 of 3 1. The name, address and phone /fax number of the bidder. Name / Address Phone /fax 2. Years in business BID FORM 2A 3. List of contractor owned equipment available for this project. Attach as separate submittal, if necessary. cc e_ A H rc -ke s 4. An attached financial statement of the bidder prepared in accordance with Standards established by the American Institute of Certified Public Accountants must accompany each proposal. 5. List bank references, including contact name, address and telephone number. e 1 /97,— P - e a 1,1 ¢ 6. List of equivalent type projects performed within the last four- (4) years. Attach as submittal, if necessary. 1. Name of Client f Name of Contact Phone -5g5 yz�� Description of Project Pt, , ,r bf p,a,,� Lt-t, kr,viw: Date ()CT ?c'— 2. Name of Client Lit; of-- Date tL-4. Name of Contact /AP% tr�� h t_ Phone Description of Project /j1-1,,4.t, t wo ; N-c Pk 3. Name of Client Co--; MA- dqo,5 Date ) Name of Contact Phone Description of Project 4. Name of Client Name of Contact Description of Project ,; PP[ca;e� T Date 4;;1:J 2o,r Phone 5. Name of Client, w Co-) 7 Date Ap,-,1 Name of Contact ki4e, Phone 6CC- 56,g-3c 33 Description of Project 6. Name of Client yI1,ri„„+ Date -Sapt Zoi Z Name of Contact �cces m� Jew ��HL Phone 3icj -7s - / /icy Description of Project Pe,- 2,0 14 BID FORM 2A BIDDERS QUALIFICATION STATEMENT Page 2 of 3 7. List of person(s) who are employed by you and will supervise and be available to perform the work on this project and the number of years of experience. Names: Project Manager: Superintendent: Foreman: Personnel: Years of experience e L-n ti° 1l f3si ,i�z A-J-)D- DI- ('l (e?,•, L^.3 8. A list of similar work performed under the direction of a Professional Engineer or Registered Architect. List three (3) such firms, listing your most recent projects. 1. Name of E/A of �h, , �,<<; . Date Oct 26 z Contact Person Est Phone S6,3 mss' - `i2-7o Description of Project -CO - c t6„1)_ ,LL thjeet 2. Name of E/A Contact Person 6,,, ,14 Description of Project (41 . -iL t ,.t% J/ a� cc.„ Date 41;/ Zor/ Phone 5( -3 ss 2y6.1 3. Name of E/A fe ,me_ Date Apr.- let Contact Person gj GJ<<%s // i%A35 Phone 5-63 5'27 7i Description of Project %,��.r - Ssa� .��ru Pt f,4�, /3 irez.dr;sir✓�,%., 4. Name of E/A I o7:- iv,AN,-L,..s . g Date t � 2 Contact Person (- -fv,A /J/IL C/, vz/;c Sc41K Phone _S—L.7 -T22 Z37', Description of Project ., -20 -�a�,r 9. List three (3) material suppliers as references, including name and phone number. 10. Such additional information as will assist the Owner and Engineer in determining whether the bidder is adequately prepared to fulfill the contract. Attach as submittal, if necessary. 15 BID FORM 2A BIDDERS QUALIFICATION STATEMENT Page 3 of 3 11. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner in verification of the recitals comprising this statement of contractor's qualifications. 12. State the true, exact correct and complete name of the partnership, corporation or trade name under which you do business, and the address of the place of business. If a corporation, state the name of the President and secretary. If a partnership, state the names of the partners. If a trade name, state the names of the individuals who do business under the trade name. It is absolutely necessary that this information be provided. Correct and complete name of bidder. 12.1 The Business is a: 12.2 The address of the principal place of business is: VFW DE., � 12.3 Telephone Number: 12.4 The names of the corporate officers, or partners, or individuals doing business under at trade name are as follows: s • Dated at: of , 2013. 16 this day BID FORM 2B LIST OF PROPOSED SUBCONTRACTORS Each bidder shall enter in the space provided the name(s) of major subcontractors the bidder proposes to employ and the type of work the subcontractor will perform A major subcontractor is defined as a subcontractor whose subcontract constitutes approximately five (5) percent or more of the total contract price. Subcontractor Work Name, Address, Phone Number ti/1t� (?find l )- ,J Se J ) c4 J ? CC CIv c /C Lot; AL; CcTrl / / 1 /;,,or 17 I (;� 4 ± BCONTRACTOR'S QUALIFICATION STATEMENT Page 1 OF 2 BID FORM 2C Please fill out a form for each subcontractor the contractor proposes to employ. Copy this form if additional forms are required and attach as submittals to Proposal. 1. The name, address and phone /fax number of the Subcontractor. Name Address Phone /fax 2. Years in business 3. List of subcontractor owned equipment available for this project. Attach as separate submittal, if necessary. 4. An attached financial statement of the subcontractor prepared in accordance with Standards established by the American Institute of Certified Public Accountants must accompany each proposal. 5. List bank references, including contact name, address and telephone number. 18 BID FORM 2C SUBCONTRACTOR'S QUALIFICATION STATEMENT Page 2 OF 2 6. List of equivalent type projects performed within the last four (4) years. Attach as submittal, if necessary. 1. Name of Client Date Name of Contact Phone Description of Project 2. Name of Client Date Name of Contact Phone Description of Project 3. Name of Client Date Name of Contact Phone Description of Project 4. Name of Client Date Name of Contact Phone Description of Project 7. List of person(s) who will supervise and be available to perform the work on this project and the number of years of experience. Project Manager: Superintendent: Foreman: Personnel: Names: Years of experience 8. Such additional information as will assist the Owner and Engineer in determining whether the subcontractor is adequately prepared to fulfill the contract. Attach as submittal, if necessary. 19 Bond Number CMIFSU 0591615 CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: ThatTschiggfrie Excavating Co. as Principal (Contractor) and International Fidelity Insurance Company as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $$372,678.35 - -- (Insert Contract Amount) 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 attested and sealed. day of , 2013, and duly 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 Highway 151/61 Water Main Relocation Project (the Project) according to the Contract and Construction Documents prepared therefore. It is expressly understood and agreed by the Contractor and Surety bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit: 1. PERFORMANCE BOND: The Contractor shall well and faithfully observe, perform, fulfill and abide by each and every covenant, condition and part of said Contract and Contract Documents, by reference made a part hereof, for the Project, and shall indemnify and save harmless the City from all outlay and expense incurred by the City by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT BOND: The Contractor and the Surety shall pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price which the City is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the Contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the 5 obligations and conditions set forth in Chapter 573, Code of Iowa, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE BOND: The Contractor and the Surety hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of two (2) year(s) from the date of acceptance of the work under the Contract by the City Council of the City of Dubuque, Iowa, by reason of defects in workmanship or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the City the reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the City all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. Contractor's and Surety's agreement herein made extends to defects in workmanship or materials not discovered or known to the City at the time such work was accepted. 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 Construction Documents 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 Contractor or the Surety will be released. The Contract, Contractor's Proposal, and Construction Documents shall be considered as a part of this Bond just as if their terms were repeated herein. 6 Dated at Dubuque, Iowa this /WK day of L , 2013. CITY OF DUBUQUE, IOWA By: City Manager 7 PRINCIPAL By; Tschiggfrie Excavating Co. Contractor Title SURETY Bv: International Fidelity Insurance Company Surety Company Nancy D. Schwarz, Attorney -in -Fact Title 4200 University Avenue #200 West Des Moines IA 50266 City, State, Zip Code 515- 244 -0166 Telephone Nancy D. Schwarz Attorney In Fact Tel f9i 3) 624 -7200; OWER OF ATTORNEY INTO RNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COIVIRANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws: of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint GREG T. LAMAIR, MARK E. KEAIRNES, F. MELVYN HRUBETZ, JEFFREY R. BAKER, JOYCE O. HERBERT, NANCY D. >SCHWARZ, PATRICK K. DUFF, JILL SHAFFER, JOSEPH I. SCHMIT West Des Moines, IA. their true and lawful attorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and, amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President,; or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2),any such Officers of the Corporation may appoint and revoke the appointments of joint- control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification' given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY 'CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Executive Vice President/Chief Operating Officer (International Fidelity Insurance ompany) and President (Allegheny Casualty Company) �CNSOAL�Y� w - aaa ANSYLq On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. ,t °N CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. (. /® A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27, 2014 IN TESTIMONY WHEREOF, I have hereunto set my hand this day of MARIA BRANCO Assistant Secretary Client #: 11962 TSCHEXCA ACORDTM CERTIFICATE OF LIABILITY INSURANCE This page has been left Hank intentinna ly 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. DATE (MM /DD/YYYY) 6/17/2013 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 La Mair - Mulock- Condon Co. 4200 University Ave Ste 200 West Des Moines, IA 50266 -5945 515 244 -0166 CONTACT Jill Shaffer NAME: PHONE 515 237 -0111 (A/C, No, Ext): W ' (AIC , No): 515 244 -9535 E -MAIL ill.shaffer@lmcins.com ADDRESS: I INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Acuity Insurance Company INSURED Tschiggfrie Excavating Co. P 0 Box 3280 Dubuque, IA 52004 -3280 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : ERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DDY) (MM /DDY�) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY K77023 CG7277 10/01/2012 10/01/2013 EACH OCCURRENCE $1,000,000 PREMISES (Ea RENTED $100,000 $ 5,000 MED EXP (Any one person) CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $1,000,000 X BI /PD Ded: $500 GENERAL AGGREGATE $2,000,000 X GEN'L Completed Ops PRODUCTS - COMP /OP AGG $ 2,000,000 AGGREGATE POLICY X LIMIT APPLIES jE X PER: LOC $ A AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS Drive Oth Car SCHEDULED AUTOS NON-OWNED AUTOS K77023 10/01/2012 10/01 /2013 {0aBccdeD) INGLELIMIT $1,000,000 $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE K77023 10/01 /2012 10/01 /2013 EACH OCCURRENCE $3,000,000 $3,000,000 $ AGGREGATE DED X RETENTION $0 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N jv N / A K77023 10/01/2012 10/01 /2013 X WCSTATU- TORY LIMITS ER 2.4"- E.L. EACH ACCIDENT $100,000 E.L. DISEASE - EA EMPLOYEE $100,000 E.L. DISEASE - POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Highway 151/61 Water Main Relocation Project City of Dubuque is Additional Insured, Governmental Immunity Applies and 30 Day Notice of Cancellation and Material Change will be provided as respects the General Liability policy per form IL7064 01/03 (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Dubuque 925 Kerper Court Dubuque, IA 52001 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 ACORD 25 (2010/05) 1 of 2 #S285643/M256200 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HEIBE DESCflIPTIOIVS (Continued from Page 1) General Liability Aggregate applies separately to each location and each project per form CG0001 R (12/07) The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and /or authorities and their board members, employees and volunteers are Additional Insured - Completed Operations - Primary and non - contributory when required in a construction agreement with you (Owners, Lessees or Contractors) with respects to the General Liability policy per form CG7274 (05/05) The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and /or authorities and their board members, employees and volunteers are Additional Insured - Owners, Lessees or Contractors - Automatic status when required in Construction Agreement - Primary and Noncontributory - with respects to the General Liability per form CG7194 (05/05) Waiver of subrogation applies to the Workers Compensation policy per form WC000313 (04/84) SAGITTA 25.3 (2010/05) 2 of 2 #S285643/M256200 IOWA MUNICIPALITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART BIS -PAKe BUSINESS LIABILITY AND MEDICAL EXPENSES COVERAGE FORM 1. Additional Insured The municipality shown in the Schedule includ- ing all its elected and appointed officials, all its employees and volunteers, all its boards, com- missions and /or authorities and their board members, employees and volunteers, is an ad- ditional insured with respect to liability arising out of your work and /or services performed for the municipality. This coverage shall be primary to the " additional insured and not contributing with any other insurance or similar protection available to the additional insured, whether oth- er available coverage be primary, contributing or excess. 2. Governmental Immunities a. Nonwaiver of Governmental Immunity We expressly agree and state that the pur- chase of this policy and the including of the municipality shown in the Schedule as an additional insured does not waive any of the defenses of governmental immunity avail- able to the municipality under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. b. Claims Coverage • We further agree that this policy of insur- ance shall cover only those claims not sub- ject to the defense of governmental immu- nity under the Code of Iowa Section 670.4 as it now exists and as it may be amended IL- 7064(1 -03) from time to time. c. Assertion of Government Immunity The municipality shown in the Schedule shall be responsible for asserting any de- fense of governmental immunity, and may do so at any time and shall do so upon timely written request by us. Nothing con- tained in this endorsement shall prevent us from asserting the defense of governmental immunity on behalf of the municipality shown in the Schedule. d. Non - Denial of Coverage We shall not deny coverage under this poli- cy and we shall not deny any of the rights and benefits accruing to the municipality shown in the Schedule under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of gov- ernmental immunity asserted by the munici- pality. e. We and the municipality shown in the Schedule agree that the above preservation of governmental immunities shall not other- wise change or alter the coverage available under the policy. 3. Cancellation and Material Changes We will give thirty (30) days advance written notice of cancellation, nonrenewal, reduction in coverage and /or limits and ten (10) days written notice for nonpayment of premium to the ad- dress shown in the Schedule. This endorse- ment supersedes the standard cancellation statement on the Certificate of Insurance to which this endorsement is attached. SCHEDULE Municipality City of Dubuque Address 925 Kerper Court Dubuque, IA 52001 This page has been left blank intentionally. This page has been Left blank intentionally. ADDITIONAL INSURED - COMPLETED OPERATIONS - PRIMARY AND NONCONTRIBUTORY AUTOMATIC STATUS WHEN REQUIRED IN CON- STRUCTION AGREEMENT WITH YOU (OWNERS, LESSEES OR CONTRAC- TORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Section II - Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) for whom you have per- formed operations if you and such person(s) or organization(s) have agreed in writing in a con- tract or agreement that such person(s) or or- ganization(s) be added as an additional insured on your policy for completed operations. Such person or organization is an additional insured only with respect to liability included in the products- completed operations hazard for bodily injury or property damage caused, in whole or in part, by your work performed for that additional insured at the location desig- nated and described in the contract or agree- ment. 2. This insurance does not apply to: a. Bodily injury or property damage which oc- curs prior to the execution of the contract or CG- 7274(5 -05) agreement described in item 1; or b. Bodily injury or property damage that oc- curs after the time period during which the contract or agreement described in item 1 requires you to add such person or or- ganization onto your policy as an additional insured for completed operations; or c. Bodily injury or property damage arising out of the rendering of, or the failure to render, any professional, architectural, engineering or surveying services, including: (1) The preparing, approving or failing to prepare or approve maps, shops drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 3. The insurance provided by this endorsement is primary and noncontributory. This page has been left blank intentionally. This page has been left blank intentionally. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTO- MATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Section 11 - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing oper- ations when you and such person or organiza- tion have agreed in writing in a contract or agreement that such person or organization be added as additional insured on your policy. Such person or organization is an additional insured only with respect to liability for bodily injury, property damage or personal and ad- vertising injury caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. 2. With respect to the insurance afforded to these additional insureds, the following additional ex- clusions apply: This insurance does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of the ren- CG- 7194(5 -05) dering of, or the failure to render, any pro- fessional architectural, engineering or sur- veying services, including: (1) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. b. Bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the location of the covered operations has been complet- ed; or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in per- forming operations for a principal as a part of the same project. 3. The insurance provided by this endorsement is primary and noncontributory. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not en- force our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule City of Dubuque 925 Kerper Court Dubuque, IA 52001 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. K77023 Insured Tschiggfrie Excavating Co. Endorsement No. Premium $ Insurance Company Countersigned by WC 00 03 13 (Ed. 4 -84) Copyright 1983 National Council on Compensation Insurance. This page has been left blank intentionally. TSCHEXCA ACORD.,, EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DATE (MM/DD /YYYY) 06/17/2013 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PRODUCER NAME, CONTACT PERSON AND ADDRESS PHONE 515 244 -0166 FAX (NC, No): 515 244 -9535 E-MAIL ill.shaffer Imcins.com ADDDREDRE SS: J @ La Mair- Mulock- Condon Co. 4200 University Ave Ste 200 West Des Moines, IA 50266 -5945 CODE: I SUB CODE: AGENCY CUSTOMER ID #: 11962 COMPANY NAME AND ADDRESS I NAIC NO: Hartford Fire Insurance Company PO Box 3993 Omaha, NE 68103 IF MULTIPLE COMPANIES, COMPLETE SEPARATE FORM FOR EACH NAMED INSURED AND ADDRESS Tschiggfrie Excavating Co. P 0 Box 3280 Dubuque, IA 52004 -3280 LOAN NUMBER POLICY NUMBER 91 UUMIX7169 EFFECTIVE DATE 10/01/2012 EXPIRATION DATE 10/01/2013 CONTINUED UNTIL TERMINATED IF CHECKED ADDITIONAL NAMED INSURED(S) THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION (Use additional sheets if more space is required) LOCATION /DESCRIPTION COVERAGE INFORMATION CAUSE OF LOSS FORM 1 1 BASIC 1 1 BROAD 1 X 1 SPECIAL 1 1 OTHER COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $ 450,000 Installation Floater DED: $2,500 YES NO BUSINESS INCOME / RENTAL VALUE If YES, LIMIT: Actual Loss Sustained # of months: BLANKET COVERAGE If YES, indicate amount of insurance on properties identified above: $ TERRORISM COVERAGE Attach signed Disclosure Notice / DEC IS COVERAGE PROVIDED FOR "CERTIFIED ACTS" ONLY? If YES, SUB LIMIT: DED: IS COVERAGE A STAND ALONE POLICY? If YES, LIMIT: DED: DOES COVERAGE INCLUDE DOMESTIC TERRORISM? If YES, SUB LIMIT: DED: COVERAGE FOR MOLD If YES, LIMIT: DED: MOLD EXCLUSION (If "YES ", specify organization's form used) REPLACEMENT COST AGREED AMOUNT COINSURANCE If YES, EQUIPMENT BREAKDOWN (If Applicable) If YES, LIMIT: DED: LAW AND ORDINANCE - Coverage for loss to undamaged portion of building If YES, LIMIT: DED: - Demolition Costs If YES, LIMIT: DED: - Incr. Cost of Construction If YES, LIMIT: DED: EARTHQUAKE (If Applicable) If YES, LIMIT: DED: FLOOD (If Applicable) If YES, LIMIT: DED: WIND / HAIL (If Separate Policy) If YES, LIMIT: DED: PERMISSION TO WAIVE SUBROGATION PRIOR TO LOSS REMARKS - Including Special Conditions (Use additional sheets if more space is required) RE: Highway 151/61 Water Main Relocation Project CANCELLATION THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. ADDITIONAL INTEREST NAME AND ADDRESS City of Dubuque 925 Kerper Court Dubuque, IA 52001 ENDER SERVICING AGENT NAME AND ADDRESS MORTGAGEE LOSS PAYEE X Certificate Holder ACORD 28 (2003/10) 1 of 1 S 22371 AUTHORIZED REPRESENTATIVE o HEIBE ©ACORD CORPORATION 2003 This page has been left blank intentionally. NOTICE TO PROCEED Date: June 18, 2013 Project: Highway 151/61 Water Main Relocation Project Owner: City of Dubuque Water Department Contract: Owner's Contract No.: City of Dubuque Water Department - Highway 151/61 Engineer's Project No.: 00492030 Contractor: Tschiggfrie Excavating, Inc. Contractors Address: 425 Julien Dubuque Drive Dubuque, IA 52003 You are notified that the Contract Times under the above Contract will commence to run on June 18, 2013. On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is July 5, 2013, and the date of readiness for fmal payment is September 3, 2013. Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: N/A T. 'ggfrie Excavating, Inc. - Contractor Received by: Authorized Signature Title Date Copy to Engineer Given by: City of Dubuque Owner Authorized Signature City Manager Title June19, 2013 Date EJCDC C -550 (2007 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. 00 55 00 -1 C:\DOCUME -1 \mbrekke \LOCALS- 1 \ Temp \XPgrpwise \00492030 Notice to Proceed.docx