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E.B. Lyons Interpretive Area Expansion Project_Award
THE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: EB Lyons Interpretive Area Expansion Project (CIP 1002171) DATE: June 9, 2014 Dubuque band AI -America City r 2007 • 2012 • 2013 Sealed bids were received for the EB Lyons Interpretive Area Expansion Project. City Engineer Gus Psihoyos recommends award of the construction contract to the low bidder, Portzen Construction, in the amount of $981,243.62, which is 9.87% over the engineer's estimate of probable cost. The cost of the increase is not attributable to any one item. The costs in the stone and concrete items account for most of the increase. I concur with the recommendation and respectfully request Mayor and City Council approval. 7- Mic ael C. Van Milligen 1,,i1144 .., MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi Dubuque katiZI Al -America City 1 I Ie� 2007 • 2012 • 2013 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: May 12, 2014 SUBJECT: EB Lyons Interpretive Area Expansion Project (CIP 1002171) INTRODUCTION The enclosed resolution authorizes the award of the construction contract for the EB Lyons Interpretive Area Expansion Project. DISCUSSION The EB Lyons Interpretive Area Expansion Project will include a new ADA accessible trail from the current EB Lyons building to a new trail along a planted prairie with an overlook, two new parking lots to serve the trail, a shelter, a toilet facility, drinking fountain, kiosk, expanded parking near the nature center building and improved visibility for the entrance into EB Lyons Interpretive Center. In particular, the expansion of EB Lyons Interpretive Area will include: — Construction of a concrete trail and concrete pad to serve as an outdoor classroom including associated grading and culvert installations — Construction of concrete sidewalks to connect the current interpretative center to the newly constructed trails and parking lots — Construction of stormwater management components — Construction of two parking lots and associated grading — Expansion of one parking lot and associated grading — Construction of a toilet facility and associated electric services — Construction of an open air pavilion and associated electric services — Construction of a kiosk — Installation of a water service to a people and pet drinking fountain and a flush hydrant — Site grading and utilities to accommodate a maintenance shop — Provide and install limestone benches The Iowa Department of Natural Resources (IDNR) is bidding a separate project to replace the existing maintenance building at EB Lyons. IDNR will manage that project separately but in coordination with this project. BID RESULTS The City of Dubuque received the following bids for the EB Lyons Interpretive Area Expansion Project on June 5, 2014: Contractor Bid Results Portzen Construction, Inc. $ 981,243.62 Tricon Construction, Inc. $ 1,497,620.00 RECOMMENDATION This project has IDOT State Recreation Trail funds included as funding and therefore the IDOT will need to concur on the award of the project. I expect the City to receive this concurrence before the City Council takes action on the attached resolution. I recommend that the contract for the for the EB Lyons Interpretive Area Expansion Project be awarded to Portzen Construction, Inc. of Dubuque, Iowa in the amount of $981,243.62 which is 9.87% over the engineer's estimate of probable cost. The cost increase is not attributable to any one item. The costs in the stone and concrete items account for most of the increase. BUDGET IMPACT The estimate of probable cost for the EB Lyons Interpretive Area Expansion Project is as follows: Construction Contract Contingency Construction Engineering & Inspection Total Project Cost 2 Estimate $ 893,079.00 89,308.00 71,750.00 $1,054,137.00 Award $ 981,243.62 80,000.00 71,750.00 $1,132,993.62 The project funding summary is as follows: CIP No. Fund Description 1002171 Land and Water Conservation Grant IDOT State Recreational Trails Grant Resource Enhancement and Protection Grant (REAP) Friends of the Mines of Spain Fundraising EB Lyons Trust EB Lyons Trust — Additional Earnings IDNR Share Total Project Funding Fund Amount $ 33,900.00 170,500.00 200,000.00 197,000.00 471,000.00 30,000.00 30,593.62 $1.132.993.62 Currently the EB Lyons trust authorizes $471,000.00 toward this project. There are additional earnings on this amount that total approximately $30,000 that can be applied to this project, if needed. The $30,593.62 IDNR share is to cover the grading and utilities needed in this project to address the new maintenance shop being constructed under a separate IDNR construction project. REQUESTED ACTION I recommend that the City Council adopt the attached resolution awarding for the EB Lyons Interpretive Area Expansion Project to Portzen Construction in the amount of $981,243.62. Prepared by Jon Dienst, PE cc: Jenny Larson, Budget Director Laura Carstens, Planning Services Manager Marie Ware, Leisure Services Manager Angela Corio, Iowa DNR Ryan Ritchie, Iowa DNR Wayne Buchholtz, Iowa DNR Julie Neebel, IIW 3 RESOLUTION NO. 180-14 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE EB LYONS INTERPRETIVE AREA EXPANSION PROJECT Whereas, sealed proposals have been submitted by contractors for the EB Lyons Interpretive Area Expansion Project (the Project) pursuant to Resolution No. 156-14 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 9th day of May, 2014. Whereas, said sealed proposals were opened and read on the 5th day of June, 2014, and it has been determined that Portzen Construction of Dubuque, Iowa, with a bid in the amount of $981,243.62, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Portzen Construction and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 16th day of June, i 14. Attest: Kevin Firnsta I, C C, ity Clerk Roy D. Buol, Mayor CITY OF DUBUQUE EB LYONS EXPANSION PROJECT 2014 BID TABULATION JUNE 5, 2014 IIW Project No. 13145 NO. ITEM CODE DESCRIPTION 1 2101-0850001 2 2102-2710070 3 2105-8425015 4 2111-8174100 5 2123-7450020 6 2210-0475290 7 2401-6745650 8 2416-0102218 9 2416-1190218 10 2417-0225012 11 2417-0225015 12 2417-0225018 13 2417-0225024 14 2417-0225030 15 2417-0330018 16 2417-1040018 17 2417-1140018 18 2417-1130024 19 2435-0251218 20 2435-0251224 21 22 23 24 25 26 27 28 29 30 2503-0111012 2503-0111015 2503-0111018 2511-0302600 2511-0310100 2511-7526006 2515-2475006 2515-6745600 2518-6910000 2523-0000100 CLEARING & GRUBBING EXCAVATION, CLASS 10, ROADWAY & BORROW TOPSOIL, STRIP, SALVAGE, AND SPREAD GRANULAR SUBBASE SHOULDER FINISHING, EARTH MACADAM STONE BASE REMOVAL OF EXISTING STRUCTURES APRON, LOW CLEARANCE CONC, EQUIV DIA 18" CULV, LOW CLEAR CONC ENT PIPE,EQ DIA 18" APRON, METAL, 12" APRON, METAL, 15" APRON, METAL, 18" APRON, METAL, 24" APRON, METAL, 30" APRONS, SAFETY SLOPE, 18 IN. DIA. CULV, CMP ENT, 18" CULV, CORR POLYETHYLENE ENT PIPE, 18" CULV, CORR POLYETHYLENE ENT PIPE, 24" INTAKE, SW -512, 18" INTAKE, SW -512, 24" STORM SEWER GRAVITY MAIN, TRENCHED, HIGH DENSITY POLYETHYLENE PIPE (HDPE), 12 IN. STORM SEWER GRAVITY MAIN, TRENCHED, HIGH DENSITY POLYETHYLENE PIPE (HDPE), 15 IN. STORM SEWER GRAVITY MAIN, TRENCHED, HIGH DENSITY POLYETHYLENE PIPE (HDPE), 18 IN. RECREATIONAL TRAIL, PORTLAND CEMENT CONCRETE, 6 IN. SPECIAL COMPACTION OF SUBGRADE FOR RECREATIONAL TRAIL SIDEWALK, P.C. CONCRETE, 6 IN. DRIVEWAY, PC CONCRETE, 6 IN. REMOVAL OF PAVED DRIVEWAY SAFETY CLOSURE LIGHTING POLES PORTZEN CONSTRUCTION TRICON CONSTRUCTION QUANTITY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 5.5 ACRE $1,320.00 12458 CY $6.20 4421.2 CY $6.60 8243.5 SY $6.50 73.4 STA $132.00 2584.7 TON $20.00 1 LS $3,960.00 2 EACH $850.00 57 LF $120.00 2 EACH $153.00 1 EACH $175.00 11 EACH $230.00 2 EACH $329.00 2 EACH $600.00 2 EACH $715.00 65 LF $37.00 253 LF $42.00 44 LF $59.00 1 EACH $2,420.00 5 EACH $3,300.00 153 LF 127 LF 68 LF 2223.1 SY 20 STA 809 SY 3908.7 SY 234.8 SY 4 EACH 4 EACH $7,260.00 $77,239.60 $29,179.92 $53,582.75 $9,688.80 $51,694.00 $3,960.00 $1,700.00 $6,840.00 $306.00 $175.00 $2,530.00 $658.00 $1,200.00 $1,430.00 $2,405.00 $10,626.00 $2,596.00 $2,420.00 $16,500.00 $26.50 $4,054.50 $33.50 $4,254.50 $46.50 $33.00 $275.00 $40.00 $33.00 $12.00 $330.00 $3,300.00 $3,162.00 $73,362.30 $5,500.00 $32,360.00 $128,987.10 $2,817.60 $1,320.00 $13,200.00 $8,000.00 $24.00 $20.00 $17.00 $450.00 $22.00 $5,000.00 $400.00 $40.00 $277.00 $241.00 $306.00 $362.00 $509.00 $1,070.00 $36.00 $50.00 $60.00 $1,200.00 $2,000.00 $44,000.00 $298,992.00 $88,424.00 $140,139.50 $33,030.00 $56,863.40 $5,000.00 $800.00 $2,280.00 $554.00 $241.00 $3,366.00 $724.00 $1,018.00 $2,140.00 $2,340.00 $12,650.00 $2,640.00 $1,200.00 $10,000.00 $25.00 $3,825.00 $40.00 $5,080.00 $41.00 $33.00 $500.00 $36.00 $32.00 $18.00 $300.00 $3,000.00 $2,788.00 $73,362.30 $10,000.00 $29,124.00 $125,078.40 $4,226.40 $1,200.00 $12,000.00 NO. ITEM CODE 31 2524-9275100 32 2524-9325001 33 2527-9263109 34 2527-9263137 35 2528-8445110 36 2528-8445113 37 2533-4980005 38 2599-9999005 39 2599-9999005 40 2599-9999005 41 2599-9999005 42 2599-9999005 43 2599-9999005 44 2599-9999005 45 2599-9999005 46 2599-9999005 47 2599-9999009 48 2599-9999009 49 2599-9999010 50 2599-9999010 51 2599-9999010 52 2599-9999010 53 2599-9999014 54 2599-9999018 55 2601-2634100 56 2601-2642100 57 2601-2643411 58 2602-0000020 59 2602-0000030 60 2602-0000071 61 2602-0000101 62 2602-0010010 DESCRIPTION WOOD POSTS FOR TYPE A OR B SIGNS, 4 IN. X 4 IN. TYPE A SIGNS, SHEET ALUMINUM PAINTED PAVEMENT MARKING, WATERBORNE OR SOLVENT BASED PAINTED SYMBOLS AND LEGENDS, WATERBORNE OR SOLVENT -BASED TRAFFIC CONTROL FLAGGER MOBILIZATION LIMESTONE BENCHES INSTALL OWNER PROVIDED PAVERS LOCATE AND CONNECT TO EXISTING WATER LINE PROVIDE AND INSTALL HYDRANT W / HOSE BIBB AND LOCKING COVER PROVIDE AND INSTALL #77 FLUSHING HYDRANT PROVIDE AND INSTALL DRINKING FOUNTAIN CURB STOP WITH BOX INTAKE, SW -512, 30" MODIFIED LIGHTING BOLLARDS, COMPLETE CULVERT, CORR POLYETHYLENE ENTRANCE PIPE, 30" WATER MAIN, TRENCHED, TYPE K COPPER, 2 IN. KIOSK COMPLETE AS PER PLAN, INCLUDES FOUNDATION RESTROOM COMPLETE, AS PER PLAN, INCLUDES FOUNDATION PAVILION COMPLETE, AS PER PLAN, INCLUDES FOUNDATION ELECTRICAL SERVICE AND CONDUCTORS, COMPLETE FURNISH AND PLACE MODIFIED SOIL, 18" DEEP PC CONCRETE, ARCHITECTURAL MULCHING STABILIZATION CROP - SEEDING AND FERTILIZING TURF REINFORCEMENT MAT, TYPE 1 SILT FENCE SILT FENCE FOR DITCH CHECKS REMOVAL OF SILT FENCE OR SILT FENCE FOR DITCH CHECKS MAINTENANCE OF SILT FENCE OR SILT FENCE FOR DITCH CHECK MOBILIZATION, EROSION CONTROL Total Base Bid QUANTITY 60 LF 7.5 SF 51 STA 10 EACH 1 LS 6 EACH 1 LS 20 EACH 4 EACH 1 EACH 1 EACH 1 EACH 1 EACH 4 EACH 1 EACH 5 EACH 49 LF 805.7 LF 1 LS 1 LS 1 LS 1 LS 1800 SF 510.8 SY 3.8 ACRE 3.8 ACRE 30 SQ 4804 LF 666 LF 1897 LF 379 LF 3 EACH PORTZEN CONSTRUCTION TRICON CONSTRUCTION UNIT PRICE $16.00 $33.00 $50.00 $55.00 $1,600.00 $500.00 $35,000.00 $850.00 $800.00 $2,500.00 $3,500.00 $2,500.00 $7,500.00 $950.00 $4,620.00 $1,900.00 $74.00 $38.00 $17,500.00 $86,800.00 $101,800.00 $17,000.00 $5.00 $84.00 $880.00 $1,000.00 $132.00 $1.10 $5.25 $0.55 $1.00 $550.00 TOTAL PRICE $960.00 $247.50 $2,550.00 $550.00 $1,600.00 $3,000.00 $35,000.00 $17,000.00 $3,200.00 $2,500.00 $3,500.00 $2,500.00 $7,500.00 $3,800.00 $4,620.00 $9,500.00 $3,626.00 $30,616.60 $17,500.00 $86,800.00 $101,800.00 $17,000.00 $9,000.00 $42,907.20 $3,344.00 $3,800.00 $3,960.00 $5,284.40 $3,496.50 $1,043.35 $379.00 $1,650.00 $981,243.62 UNIT PRICE TOTAL PRICE $14.00 $840.00 $30.00 $225.00 $45.00 $2,295.00 $50.00 $500.00 $1,200.00 $1,200.00 $400.00 $2,400.00 $49,000.00 $49,000.00 $2,000.00 $40,000.00 $200.00 $2,000.00 $4,500.00 $2,000.00 $7,500.00 $2,000.00 $2,500.00 $2,000.00 $20.00 $70.00 $59,522.00 $155,744.00 $39,157.00 $11,854.00 $3.00 $80.00 $800.00 $800.00 $120.00 $1.00 $4.75 $0.50 $2.00 $500.00 $800.00 $2,000.00 $4,500.00 $2,000.00 $7,500.00 $8,000.00 $2,500.00 $10,000.00 $980.00 $56,399.00 $59,522.00 $155,744.00 $39,157.00 $11,854.00 $5,400.00 $40,864.00 $3,040.00 $3,040.00 $3,600.00 $4,804.00 $3,163.50 $948.50 $758.00 $1,500.00 $1,497,620 00 CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the 19th day of June, 2014, between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City) and Portzen Construction, Inc. 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 EB Lyons Expansion Project (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 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 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: 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 (3%) 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 therefore. 8. The Contractor shall fully complete the Project under this Contract on or before: May 30, 2015. 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 (other than the Project itself) 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 $ 981,243.62 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 Tess than ten percent (10%) of the Contract price but in no event be less than $500.00 Five Hundred 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 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 327330) and Department of Labor Regulations (29 CFR, Part 5). CITY OF DUBUQUE, IOWA By PRINCIPAL Portzen Construction, Inc. City Manager Contractor By: Signature Michae' Vice President . Portzen Title CERTIFICATE OF CITY CLERK This is to certify that a ce office on the ified copy of the above Contract has been filed in my day of , 2014. Pr Ke in S. Firnsta 1, City Clerk CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That Portzen Construction, Inc. as Principal (Contractor) and United Fire & Casualty Company as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $ 981,243.62 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 23rd day of June , 2014, and duly attested and sealed. WHEREAS, the said Contractor by a Contract dated June 19, 2014 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 EB Lyons Expansion 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 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. Dated at Dubuque, Iowa this 23rd day of June , 2014. CITY OF DUBUQUE, IOWA By: City Manager PRINCIPAL Portzen Construction, Inc. Contractor Michael J Portzen, Vice -President Title SURETY By: United Fire & Casualty Company Surety Company Signature Terrance J Friedman, Attorney-'?nfact Title Dubuque, Iowa 52001 City, State, Zip Code (563) 556-0272 Telephone Terrance J Friedman Attorney In Fact UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA UNITED FIRE>4 INDEMNITY ;:COMPANY,:GALVESTON, TX FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA CERTIFIEDCOPY OF POWER OF ATTORNEY (original on file at Home Office of Company.— See Certification) KNOW ALL PERSONS BY THESE PRESENTS; That UNITED FIRE & CASUALTY COMPANY, ;a corporation duly organized and existing under the laws of the; State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL :PACIFIC INSURANCE COMPANY, a'corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of:Iowa, does make, constitute and appoint TERRANCE J. FRIEDMAN, OR SCOTT A. DESOUSA, OR MARK J. PHALEN, ALL INDIVIDUALLY of'DUBUQUE IA Inquiries: Surety Department 118 Second Ave SE Cedar Rapids, IA 52401 their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings Sand other obligatory instruments of similar nature provided that no single obligation shall exceed $50 000 000 00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney; pursuant to the authority, hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY. COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL; PACIFIC INSURANCE COMPANY. 1! 'Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to `act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal; may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact. ,,>�r IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its ,`"�D roe. oQPG�FOPpa� gtin,; vice president and its corporate seal to be hereto affixed this 15t h day of October , 2013 rF UNITED FIRE & CASUALTY COMPANY 1988;. a _ UNITED FIRE & INDEMNITY COMPANY cgLlFOFt <`� • FINANCIAL PACIFIC INSURANCE COMPANY °� By. State of Iowa, County of Linn, ss: ;! On 15th day of October, 2013, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY and a Vice President of FINANCIAL PACIFIC.' INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the saidinstrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and thatle signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. Vice President Judith A. Davis Iowa Notarial Seal Commission number 173041 My Commission Expires 4/23/2015 T David'A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant :Secretary of ITED FIRE & INDEMNITY COMPANY,' and Assistant Secretaryof FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws` and resolutions of said Corporations as set forth in Said Power of Attorney, with the ORIGINALS ON'FILE IN THE'HOME OFFICE OF SAID: CORPORATIONS, 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. In testimony whereof I.:have hereunto subscribed.my name and affixed the corporate: seal of the said Corporations • this 23rd day of June , `0. Aslilt, .'"1" 'i�r `z ;C.'",\:1 II Cit' �1 w '/, , QP dPPOR9T c(1% F ET, L' a%`;-1988 ?av ..... ` Notary Public My commission expires: 4/23/2015 1111110, BPOAO049 0913 Secretary, OF&C Assistant Secretary, OF&I/FPIC ACOR®® /11.....---- CERTIFICATE OFLIABILITY INSURANCE DA7E (MM/DDnYY1) 6/23/2014 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 MOLDER. 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 Friedman Insurance, Inc. 880 Locust Street - Suite 200 P 0 Box 759 Dubuque IA 52004-0759 CONTACT Joni TalSma, CISR NAME: :.. PAC. Sidi: HONE (563)556-0272 f /C. NaI: (S63)556-4425 &MAIL talsma'7 @fr edman- rou ADDREss: pcom INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:tUnitd rise & Casualty Company 13021 INSURED Portzen Construction, Inc., dba Dubuque Plumbing & Heating; Portzen Leasing, LLC; Portzen Building Firm LLC 205 Stone Valley Drive Dubuque IA 52003 INSURER B: 60410305 INSURER c: INSURER D: $ 1,000,000 INSURERS: 100 000 . $ r INSURER F: $ 5,000 RTIFICATF NIINIBER2.013-2014 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 CONDITIONOF 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 LTRINSR TYPE OF INSURANCE ADDL SUBR WVD - -. - POLICY NUMBER POLICY EFF . (MM/DD/YYYY)' 'POLICY EXP IMM!DDIYYYY): LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X 60410305 12/31/201312/31/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) 100 000 . $ r MED EXP (Any one person) $ 5,000 CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE�LIMIT APPLIES PER: 7POLICY5J1 !'1°,,. [1 LOC $ `a' AUTOMOBILE X e LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS — — SCHEDULED AUTOS NON -OWNED AUTOS 60410305 12/31/2013 12/31/2014. - COMBINED SINGLE LIMIT (Ea accident) $ 1 , 000 , 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Underinsured motorist $ 100,000 A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 60410305 12/31/2013 12/31/2014 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 $ DED RETENTION$ A WORKERS COMPENSATION_ AND EMPLOYERS' LIABILITY Y ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 60410305 12/3i/2013112/31/2014 X I TORY ATT- I mil - E.L EACH ACCIDENT $ 500 , 000 EL. DISEASE - EA EMPLOYEE $ 500,000 E.L DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) 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 listed as Additonal Insured on the above General. Liability. Coverage is provided on a Primary & Non -Contributory basis and includes Completed and Ongoing Operations Governmental Immunities in favor of the additional insured for the general liability. Waiver of Subrogation in favor of the additional insured is included for the general liability and workers compensation. Project: EB Lyons Expansion Project. CERTIFICATE HOLDER CANCELLATION City of Dubuque 50 W 13th Street Dubuque, IA 52003 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 (2010/05) INS025 (201005).01 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 60410305 CG 71 63 04 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CITY OF DUBUQUE, IOWA ADDITIONAL INSURED ENDORSEMENT 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 lnsured'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 similarprotection available to the Additional Insureds, whether other availablecoverage be primary, contributing or excess. CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT (For use when including the City as an Additional Insured) 1. Nonwaiver of Government Immunity. The insurance carrier expressly agreesand 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. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 3. Assertion of Government Immunity. The City of Dubuque,. Iowa shall be responsible for asserting any defense of governmental immunity, and may do . so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the City of Dubuque, lowa. 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 Policy,. 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, IOWA CANCELLATION AND MATERIAL CHANGES ENDORSEMENT 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.71636409 i_ :., Page2of2 RECBV 14 JUL 16 PM 3: 20 City Clerk's Office Dubuque, IA