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Improvement Contract_Bond_Portzen Construction, SRF Green Alley Bid Set 3-Year 3 SECTION 00500 AUG Zo 5 Page 1 of6 ® . zzA PUBLIC IMPROVEMENT CONTRACT SECTION 00500 SRF Green Alley Bid Set 3 –Year 3 Project THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references purposes the 18t" day of August, 2015 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. (Contractor). For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: To furnish all material and equipment and to perform all labor necessary for the SRF Green Alley Bid Set 3–Year 3 Project (Project). 1. CONTRACT DOCUMENTS A. The Contract Documents consist of the following: 7. Project Title Page (Section 00100). gm7 rte: 8. Project Directory Page (Section 00101). r 2,3 't 9. This Public Improvement Contract (Section 00500). ' 10.Performance, Payment, and Maintenance Bond (Section 00600). 11.Out-of-State Contractor Bond (Section 00610). 12.Other Bonds: a. (Bond Name) (pages—to_ , inclusive). b. (Bond Name) _(pages_to_ , inclusive). c. (Bond Name) (pages_to inclusive). 13.The Iowa Statewide Urban Design And Specifications (SODAS) 2015 Edition. 14.CITY OF DUBUQUE Supplemental Specifications 2015 Edition. 15.Other Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual. 16.Special Provisions included in the project Contract Document Manual 17.Drawings –Sheet No. A.01 through No. W.15 (63 pages) or drawings consisting of sheets bearing the following general title: 18.Addenda (numbers_to _ , inclusive). 19.Insurance Provisions and Requirements (Section 00700). 20.Sales Tax Exemption Certificate (Section 00750). h SECTION 00500 Page 2of6 21.Site Condition Information (Section 00775). 22.Construction Schedule and Agreed Cost of Delay (Section 00800). 23.Erosion Control Certificate (Section 00900). 24.Consent Decree (Section 01000). 25.Other Project Information and Permits (Section 01100). 26.Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages_to_, inclusive). b. Bidder Status Form (Section 00460). c. Contractor Background Information Form (Section 00471) d. The following documentation that must be submitted by Contractor prior to Notice of Award. i. SRF required Front-End Specifications Attach. 1-5 ii. iii. e. None. 27.The following which may be delivered or issued on or after the Effective Date of the Agreement: a. Notice to Proceed (Section 00850). b. Project Certification Page (Section 00102). c. Change Orders (Not attached to this agreement). There are no other Contract Documents. The Contract Documents may only be amended, modified, or supplemented as provided in General Conditions. 2. All materials used by the Contractor in the Project must be of the quality required by the Contract Documents and must be installed in accordance with the Contract Documents. 3. The Contractor must remove any materials rejected by the City as defective or improper, or any of said work condemned as unsuitable or defective, and the same must be replaced or redone to the satisfaction of the City at the sole cost and expense of the Contractor. 4. Five percent (5%) of the Contract price will 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 by any party that may be filed for labor and materials done and furnished in e connection with the performance of this Contract and for a longer period if such claims are h not adjusted within that thirty (30) day period, as provided in Iowa Code Chapter 573 or Iowa Code Chapter 26. The City will also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums will be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 5. The Contractor has read and understands the Contract Documents herein referred to and j agrees not to plead misunderstanding or deception related to estimates of quantity, j character, location or other conditions for the Project. k, y isi) R fI Jug Y i SECTION 00500 Page 3of6 6. In addition to any warranty provided for in the specifications, the Contractor must also fix any other defect in any part of the Project, even if the Project has been accepted and fully paid for by the City. The Contractor's maintenance bond will be security for a period of two years after the issuance of the Certificate of Substantial Completion. 7. The Contractor must fully complete the Project under this Contract on or before the date indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract Documents. 8. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its officers and employees, from and against all claims, damages, losses and expenses claimed by third parties, but not including any claims, damages, losses or expenses of the parties to this Contract, including but not limited to attorneys' fees, arising out of or resulting from performance of this Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of Contractor, or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 9. 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 Contract with any other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or public officer any sum of money or anything hing of value whatever in order to obtain this Contract; and it has not, nor has another person for or in its behalf directly or indirectly, entered into any Contractor arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the award of this Contract and agrees that in case it hereafter be established that such representations or guarantees, or any of them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but in no event less than $2,000.00 (Two Thousand Dollars) to the City. 10. The surety on the Bond furnished for this Contract must, 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. 11. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of Substantial Completion has been issued by the City, it will keep and maintain the Project in good repair for a period of two (2) years. 4 12. The Project must be constructed in strict accordance with the requirements of the laws of the State of Iowa, and the United States, and ordinances of the City of Dubuque, and in accordance with the Contract Documents. u A. 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 must comply with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and Department of Labor Regulations (29 CFR, Part 5). i d i� C SECTION 00500 f Page 4 of 6 B. The City and the Contractor agree to comply with all provisions of the Davis-Bacon Federal Prevailing Wage Act, if applicable, and related labor requirements and regulations and the Federal Wage Determination for this Project. C. Equipment or products authorized to be purchased with federal funding awarded for this Contract must be American-made to the maximum extent feasible, in accordance with Public Law 103-121, Sections 606(a) and (b). CONSENT DECREE RELATING TO THE PROJECT 13. THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE " APPLICAB LE. � II JWD CITY CONTRACTOR THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM, THEREFORE THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. I The City has entered into a Consent Decree in the case of The United States of America, and the State of Iowa v. The CityDubuque,of Iowa Civil Action Number Case 2:11-cv-01011-EMJ Civil , Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the �I Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under contract with the City to perform the obligations of the Consent Decree. The Cit is required to provide a co of the Consent Decree to an contractor or consultant retained Y q p copy Y III' to perform work required by the Consent Decree. A copy of the Consent Decree is included in the Contract Documents and can be viewed at http://www.cityofdubugue.oLg/DocumentCenter/HomeNiew/3173. A hard copy is available upon request at the City's Engineering Department Office. The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. u The Consent Decree also provides that until five (5) years after the termination of the Consent Decree, the City must retain, and must instruct its contractors and agents to preserve, all non-identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's p performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information-retention period, upon request by the United States or the State, the City must provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of the information-retention period, the j City must notify the United States and the State at least ninety (90) Days prior to the destruction of any 1 SECTION 00500 Page 5of6 documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City must deliver any such documents, records, or other information to the EPA or IDNR. f CERTIFICATION BY CONTRACTOR j The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor, certifies to the City of Dubuque as follows: 1. I have received a copy of the Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:1 1-cv-01 01 1-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90- 5-1-1-09339, United States District Court for the Northern District of Iowa. 2. All work performed will be in conformity with the provisions of the Consent Decree. 3. All documents reports, data, records, or other information (including documents, records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. V 4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims, including penalties, costs and fees as provided in the Consent Decree, relating to or arising out of the Contractor's failure to comply with the Consent Decree. CONTRACTOR: Portzen Construction, Inc. Contra o s r sy: Signature Michael J Portzen Printed Name s Vice President Title August 24, 2015 I Date i L r C r F i a 1 SECTION 00500 Page 6 of 6 THE CITYAGREES: 14. Upon the completion of the Contract, and the acceptance of the Project by the City Council, and subject to the requirements of law, the City agrees to pay the Contractor as full compensation for the complete performance of this Contract, the amount determined for the total work completed at the price(s) stated in the Contractor's Bid Proposal and less any Agreed Cost of Delay provided for in the Contract Documents. CONTRACT AMOUNT $ 1,139,598.75 CITY OF DUBUQUE, IOWA: City Manager's Office Department By: Signatu e Michael C. Van Milligan Printed Name City Manager Title Date CONTRACTOR: Portzen Co struction, Inc. Contract c By: Signature Michael J Portzen Printed Name Vice President j. Title IIS August 24, 2015 Date y i u u END OF SECTION 00500 a l SECTION 00600 Page I of 4 #54-205135 PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 THESE PRES'-NTS: KNO'�A/ALL BY That we. Portzen ,Construction Inc as Principal (hereinafter the "Contractor" or "Principal") and United Fire & Casualty Company as Surety are held and firrnly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and to 911 persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of One million one hundred thirty nine thousand five `hundred ninety eight &.7�ollars 1,139,598.751 lawful money of the United States. for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, 'firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Owner, bearing date the 18tr, day of August, 2015, {hereinafter the "Contract") wherein said Contractor undertakes and agrees to constri-ict the following project in accordance with the Contract Documents, and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner., and in accordance with the t - for SRF Green Alley Bid Set 3 — Year 3 Project Contract Documents. The Contract Documents detail the following described improvements: SRF GREEN ALLEYPROJEC T BIDS T3—YEAR 3 It is expressly understood and agreed by the Contractor and Surety in this Bond that the following provisions are a part ofithis Bond and are binding upon said Contractor and Surety, to-wit: 1. PERFORMANCE; The Contractor shall well and faithfully observe, perform fulfill, and abide by each and everycovenant, 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 Owner from all outlay and expense incurred by the Owner 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 Conti-act Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to 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 the Owner is required to retain until completion of the Improvement, but the ii SECTION 00600 Page 2 of 4 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 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond 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 Documents within the period of thio (2) years)from the data of acceptance of the work under the Contract, by reason of defects in workmanship, equipment installed, or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the Owner's reasonable costs oil monitorina and inspection to assure that any defects are remedied, and to repay the Owner 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 Contract herein made extends to defects in workmanship or i-riaterials not discovered or known to the Owner at the time such vvorkvi/as accept 4. GE:NEIR,�L Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to-'the following proAsions: A. To consent without notice to any extension of time authorized in approved change orders to the Contractor in which to perform the Contract; B, To consent without notice to any change in the Contract or Contract Documents, authorized in approved change orders which thereby increases the total contract price and the penal sura of this Bond, provided that all such changes do not, in the aggregate, involve an increase of more than twenty percent (20%) of the total contract price, and that this Bond shall then be released as to such excess increase; C. To consent without notice that this Bond shall remain in -full force and effect until the i Conti-act is completed, whether completed within the specified contract period, within j an extension thereof, or within as period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: SECINON 00600 li Page 3 of 4 D. That no provision of this Bond or of any other contract shall be valid that limits to less than five (5) years after the acceptance of the work under the 'Contract the right to sue on this Bond. E, That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Owner including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys fees 'including overhead expenses of the Owner's staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner. it is intended the Contractor and Surety will defend and indemnify the Owner on 211 claims made against the Owner on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Owner will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required, In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to ,which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, O'cintract Documents, or approved change C-)r iders, or in the enforc-ement, of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Owner whole for all such outla\,,, and expense, provided that the Surety's obligation under this Bond shall not exceed one hundred tkA/e--rity-11,ve L , U-1 I i percent (125%) of the penal sum of this Bon, in the event that any actions or proceedings are initiated regarding 'this Bond, the parties agree that the venue thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Owner, by law, The Owner may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it SECTION 00600 Page 4 of 4 has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or pro%Asions not mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. Project 1`�1o. 7102450, 3401654 Witness our hands, in triplicate, this 24th day 01 August 2015. SUREr��COUNTMERSIGNEE) BY FORNI APP Signature� nAgent-of niat for Owner Terrance J Friedman Peprese Printed Name Chi Agent S U R E'.Y: 880 Locust St - Ste 200 Com pany Address U n ijt,&EFire & Casualty Company Dubuque, Iowa 52001 Sur yCornP-ny Citv, State,Zip Code (563)556-0272 Scott A DeSousa '-0MD;FMY Telephone Number Printed Name of Attorney-in-Fact Officer PRINCIPAL: Friedman Insurance Inc CornpanyName Portzen Construction Inc 880 Locust St - Ste 200 CompanyAddress By: ignatug Dubuque, Iowa 52001 Michael J Portzen City, State,Zip Code Printed Name (563)556-0272 ice President Company Telephone Number V NI)TE-` 1 All signatures on this performance, payment, and maintenance Bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted, 2. This Bond must be sealed with the Surety's raised, embossing seal. 1 The name and signature of the Suretys Attorney-in-Fact/Officer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. ENI OF SECTION 00600 :: UNITED.FIRE&CAsuI L, Y COMPANY CRDAR RAPIDS,IA. UNITEI?FIRE&INDEMNITY COMPANY,WEBSTER,TX .n qun>ies Surety Departtnent FINANCIAL PACIFIC INSURANCE COMPANIi';ROCKI IN,CA 118"SBCOttd Arae SE CERTIFIEp COPY OI♦POWI It OF ATTORNEY Cedar Rapids,LA, 524bi i1. (otiginal on file at Rome Office of Company,=Bee-Certification) KNOW ALL PERSONS BY THESE PRESENTS,'ThatUNITED 1 IRE&"CASUALTY'COMPANY,'"a"corpotation'duly organized and:existing under the laws of the.State of IoX. wa UI�{ITED FIRE&INDEMNITY COL :1IbIPANY,a corporatio1.n duly orga"nized aril existtx g under;the laws;of the State of , T_1 Iexas and FINANCIAI PACIFIC."INSURAT�iCECOMPANY;a corporation duly`argatiized'and existing.under tho'laws of";the State r;f CalX. ifornia ( erem collecfiively calledthe Cain anies,and Navin �their;carp'ofateNeadquarters iri Cedar Rapids;State:of Iowa does mak�;eonstitute aizd a oix�t pp ) gg pp 1. TERRANC 1.J FRIE-b A . C7R: SC TT A, ;QESOU$A,. OR :MARK J. PHALEN ..A:L„L IN U°IpUALLY .of; DUBUQUE IA;;: '. .. . . their true and lawful Attoriey(s) in Fact with power and authority hereby confefred to sign,seal and execute itt its behalf a1I lawful bonds undertakings ?: and other'obhgatory instruments ofaimilar:natilxepovided that no single obJgatlot?shall exceed $50; 700,000 00 11I 1. 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 ofthe acts of said Attorney,pursuant to the authorityhereby liven"and hereby_ratified and confirmed i. The Autl ofity,ltie`reby granted is contmuot".and shall rerriaii in full fofce an d effect until r voked.by LTNITED.FIRE bi�CASUALTY COIt+IPANY, ti1NITEDYIRE&INDEMNITY COMPANY ANI);FINA I�TCIAI PACIFIC INSURANCE M: Y.. . This'Paver.of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted ori May 15,2d13,ley the Boards of Directors::...UNITED FIRE&'CASUALTY COIVIPANY;'UNITED FIKE 8i INDEMNITY COMPANY, and FINANCIAL`PACIFIC INSURANCE ._ 11 ICOMPANY. 11 `°Article VI–Sure Bonds and Undertakings" "... g Section.2 Appointment of Attorney-in-Fact. "The President or any UicePresident, or any.=other officer of the Compatlies rnay,frpm time to` ;! time, appoin by written certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of in1.surance; Uonds uidertalmgs;and other obligatory instruments of like nature. The signature of any officer`authorized hereby;and the Corporate seal,may be! Fixed tay facsimile to any power of attorney or"special power of attorney or certification of"either authorized hereby;suchI. sinatureitnd seal,`: when so used;being'adopted by the Companies as the originatsignature of'such officer and the original seal of the Companies,to be ualid and; Iimding<upon the Companies with the same force aitd effect as though manually affixed. "Such attorneys-in-fact''sub�eet to'the limitations seti I 11forth"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 the Companies thereto. The`President or any Vice President,the Board.of Directors or ani other-officer of theorripanies may:at any,time revoke all power and authority previously given`to any attorney-in-fact." 1, I � �'v 1", sl+l ��' "`�„u„„"��% ,� l wst,''��,, ,, WITNESS”WHEREOF the COMPANIES have each caused these presents to be signed by its %�, \\ F/�. \\\�]HDE ,' �,1111,111111t,41 , q o 4\4� '� , c�F •Rgti vice. resident and its co orate seal to be hereto affixed this 15t:h day of October, 20"13 .p.: "'.1111—",'E a eo :q.-P JpPPORg1 oma-,, 1? is CORPORATE '� - ,= F`p o: i. z �uLYaz o. UNITED FIRE&CASUALTY COMPANY '. � s AL, ' SEAL Y s Sas' UNITED FIRE&INDEMNITY COMPANY l'''+�. ,ii rios'��; �� 89TER 46y'P;\\\ ; °?c?n. `P<2 FINANCIAL PACIFIC INSURANCE COMPANY l,tt lr��tAP\\ �Xiglrn l„nu��` ''°,, ,.�° n,un„luitl„° B Ir Y' State of Iowa,County Qf Linn,ss: � � Vice President On 15th; dO,of October, 2013, before me personally came Dennis J. Richmann to ine known who being l y me duly sworn,did depose an say,that he resides i1.n Oedar Rapids,State of Iowa,that e is r. a Uice President of UNITED FIRE&"CASUALTY I I' llCOMPANY,i Vice president of UI TITER FIRE.&.IF3DI MNTT3''COMPANY fid'a:Vice President'of FINANCIAL;'PACIFIC' INSURANCE COMPANY"the corporations described itt",and which executed the,above";instrumetk°that,lie la ows;the cal"of said eorporahons;Ghat"them seal affixed to the said ins,:,, nt,S such c rparate seal,that it was so affixed pursuant to authority given bV-. e..Board of Directors.of said corparadi acid that"lie stgned'',hi"s naive thereto;pursuant to lt�11leauthority and a"ektrowledges sam1.e to be,the act and deed©f card cotporatrons µ{+ed MarpA i3ertscFj1. y I i'� lawa.M1latanal S1.ea€ �(� � +. Commission n I I r 713273 Notary Public owI 11 , .. My"Commission Expires 10J2t7/20 C6 My comints11 1­11sion expues: 10/26/2016 I,D1 I avid"A Lange; Secreta1.ry of UNITED FIr. IRE&CASUALTY COMPANY and Assi1.staM.Seeretar'of UNITED FIRE6:1&INDEMNITY COMPANY: a I. and Assistan1.t Secretary ofFINANCIAL PACIFIC,.INSURI"Ill ANCE Cf,IMPAtY,do hereby cl rttfy that=l have compared the fI.oregoing.ccrpy of the Power of Attorne1.y and"affidavit,.and the copy of thI'lle":Section 6.of the.bylaws nI'lland resoluhonS of said'C­6,6orporations asset forth in said Power of Attorney,witr the': ORIGINALS..ON FILE TN!THE HOME QFFICE OF 5AID:CQRPORATIONS,and that'the same arecczrrect transcripts thereof and of'the whole of the:' saidr. originals,and;that tltesaid Pourer of Attorney has not been revolted and is Low tri;foil force and"effect, I .1In11. testirxony whereof.I Have herettnta subscribed my naive."and affisced the corporate seal of tkre Said Corporations this"24th: " day of ° . August ,2fl l :: \\\ scasgt„!!/,��i�i \\\��ixolrytNltt� ,��`�`'�FtCitJS� �i, {I w° Gaut OSEArr Y' o ro {pp .coRPpRA•rs.3. .Q��ULY2� O : rr r. • Z a U; r1r By Z �' b '� .SEAL: q�rr� SEAL L y� �., 1966 F 1.11 I. I eye d3 i ,o-F y..\t w "q�EFG1R, <� tq,f111i1i���k anlJln„nu���`: ''�Igh,ulivalu�"` Sefvretaryp OF& % Assistant Secretary,OF&I/FPIC BPOA0049 0115 { CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) F8/24/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: €f the certificate holder is an ADDITIONAL INSURED,the policy(ios)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 NAC COWF-C' Pam Buchhol Friedman Insurance, Inc. PH0�c. FAX PO Box 759 1,' .EExt:563-556-0272 Na:563-556-4425 DRE EbVA'L Dubuque IA 52004-0759 -A ss:buchholtzD friedman-group.com INSURER S)AFFORDING COVERAGE NAIC# INSURER AUnited Fire&Casualty 11301 INSURED PORTGON-02 INSURER 5; Portzen Construction Inc INSURER C: 205 Stone Valley Dr. INSURER D: Dubuque 1A 52003 INSURER E; COVERAGES CERTIFICATE NUMBER:886163072 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THEFINSURED 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 ADDLIS POLICY POLICY LTR TYPE OF INSURANCE INSR WVD i POLICY NUMBER (MMIDD3 I(M DWXIPY) LIMITS A GENERAL LIABILIT Y IY 1Y j60456157 112/3112014 12/3112015 il EACH OCCURRENCE 1-.1,000,000 MERCIAL GENERAL LIABILITY DAMAGE TO RENTEDPREMISES(Ea occurrence) $100,000 CLAIMS-MADE OCCUR MED EXP(Any one person) $5,000 PEP.SONAL ii ADV INJURY 51,000,000 GENERAL AGGREGATE 152,000,000 LGEN1 AGGREGATE LIMIT APPLIES PEP: PRODUCTS-COMP/OR AGG f$21000,00 POLICY IX E T LOC A i AUTOMOBILE LIABILITY I 60456157 112/31!2014 12/3112015 O ag dart IN LE I[t! 15i,O0D,000 IX 1 ANY AUTO I j BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ i I -OWNED 9ON i PROPERTY DAMAGE HIRED AUTOS AUTOS i(Per accldent)l $ i !UI/UIM $100,000 H x 604456157 1213112015 EACH OCCURRENCE A X UMBRELLA LIAB OCCUR 12/3112014 $10,000.000 EXCESS LIAB CLAIMS-MAD AGGREGATE $10,000,000 I DED iX i RETENTIONS10,000 l S A WORKERS COMPENSATION 30303343 1213 i WC STATU� OTH- 1/2014 12/31/2015 X i TORY LIMITS ER_ AND EMPLOYERS'LIABILITY YIN I ANY PROPRIETORIPARTNERIEXECUTIVE I I E.L.EACH ACCIDENT ls,500,000 OFFICER/MEMBER EXCLUDED? N/Aly (Mandatory in NH) E.L.DISEASE-EA EMPLOYE Id,$500,000 If yes describe under DESCRIPTION RIPTION OF OPERATIONS below I I E.L.DISEASE-POLICY LIMIT i 5500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remark&Schedule,if more space is required) Project:SRF Green Alley Project Bid Set 3-Year 3. 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 a primary&non-contributory basis for on-going and completed operations with respect to general liability as provided by endorsements CG7103 and CG7150.Governmental Immunities in favor of the additional insured for the general liability as provided by endorsement CG7163. Waiver of Subrogation in favor of the additional insured is included for the general liability and workers compensation as provided by endorsements CG7103 and WC000313. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Dubuque ACCORDANCE WITH THE POLICY PROVISIONS. 50 W 13th Street Dubuque IA 52001 AUTHORIZED REPRESENTATIVE 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 60456157 CG 7163 04 09 li THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CITY OF DUBUQUE, IOWA ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following I COMMERCIAL GENERAL LIABILITY COVERAGE PART PREMIUM 250 i 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. CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT For use when incfu�din t 1 � g he Cozy as an Additional Insured) I 1. 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. I 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, Iowa. 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 73 63 04 09 Page I of Z 'i 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. „d CITY OF DUBUQUE, IOWA CANCELLATION AND MATERIAL CHANGES ENDORSEMENT i a 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', II Addendum No. 2 effective July 24, 2001. AML !J i I) I l !a s GG 71 63 04 09 Page 2 of 2 b