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RESOLUTION NO. 2016-45
RESOLUTION NO. 2016-45 A RESOLUTION APPROVING AND MAKING AWARD OF CONTRACT FOR THE 2016 80TH STREET WATER MAIN EXTENSION PROJECT WHEREAS, the City Council of the City of Fairfax, Iowa, did receive bids on Thursday, May 12, 2016 at 10:00 AM for the 2016 80th Street Water Main Extension Project; and WHEREAS, the City Council of the City of Fairfax, Iowa, did hold a hearing about and approve the plans, specifications, form of contract, and estimated cost for the 2016 80th Street Water Main Extension Project on May 10, 2016. WHEREAS, Hall and Hall Engineers, Inc. have reviewed the bids and is recommending the City of Fairfax award the contract Rathje Construction Company in the amount of$323,871.00. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, that the quote from Rathje Construction Company in the amount of$323,871.00 for the 2016 80th Street Water Main Extension Project, be and is hereby accepted, as the lowest responsible quote received, and a contract is hereby awarded; and BE IT FURTHER RESOLVED, that the contractor is hereby instructed to promptly execute the construction contract and return the same to the Mayor along with all the supporting documents required therein, including surety bond covering work to be performed and proof of satisfactory insurance coverage; and BE IT FURTHER RESOLVED,that the Mayor, with the assistance of the City Engineer, is thereafter directed to examine the contract for proper execution and all supporting documents, including surety bond and proof of insurance coverage to determine satisfactory compliance with contract specifications. If all documents are in order, the Mayor shall approve the same in writing and place written approval on file in the office of the City Clerk/Treasurer; and BE IT FURTHER RESOLVED, that the Mayor and City Clerk/Treasurer are hereby authorized and directed to execute the contract for and on behalf of the City and upon execution the contract shall be in full force and effect; and BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Mayor Pro Tempore and City Clerk/Treasurer are hereby authorized and directed to execute said Resolution. AYES: Beer, Daly, Kell, Volk, and Wainwright NAYS: None Passed and approved this 31 st day of May, 201 Marianne Wainwright, 1&or Pro Tempore ATTEST: Cyn is Stimson, City Clerk/Treasurer i 0.. <=, UNITED FIRE&CASUALTY COMPANY,CEDAR RAPIDS,IA Inquiries: Surety Department UNITED FIRE&INDEMNITY COMPANY,WEBSTER,TX 118 Second Ave SE, FINANCIAL PACIFIC INSURANCE COMPANY,ROCKLIN,CA Cedar Rapids,IA 52401 f 91M CERTIFIED COPY 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 KEVIN J.KNUTSON,OR JODY A.DECKER,OR MICHELLE GRUIS,OR KATHLEEN BREWER,ALL INDIVIDUALLY OF THE CEDAR RAPIDS IA OFFICE;OR CRAIG E.HANSEN,OR JAY D.FREIERMUTH,OR BRIAN M.DEIMERLY,012 CINDY BENNET T, OR ANNE CROWNER,OR TIM MCCULLOI-1,OR STACY VENN,OR LACY CRAMBLIT,OR SHIRLY S.BARTENHAGEN,Olt KYLES HEUSI,Olt DIONE 12.YOUNG,ALL INDIVIDUALLY OF WEST DES MOINES IA 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 and other obligatory instruments o1'similar nature provided that no single obligation shall exceed$100,000,000.00 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. "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. a",`-!tir`ar, n„ ,,,,,,,,,,,,,,r IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its � �� Abp ry v ;;vk,tirarM1,��fs�y pv 4 iNSjt,�»„ .....� ��� vice president and its corporate seal to be hereto affixed this 1's.r.day of JANUARY,2016 W cq¢roartn. ° coarati:xrr Q::� r� UNITED FIRE&CASUALTY COMI ANY UNITED FIRE&INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY I,,r Itirlll\\\tttttt �rrrr/fllll ill 1\tttt` rrrrt!lI11 rl iitt+li\\\\�\\ By: State of Iowa,County of Linn,ss: Vice President On Is'day of.IANUARY,2016,before me personally came Dennis J.Richman to me(mown,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 said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that lie signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. Judith A.Davis a 4. Iowa Notarial Seal ,. Commission number 173041 Notary Public OWN My Commission Expires 04/23/2018 My commission expires:04/23/2018 1, David A. Lange, Secretary of UNITED FIRE&CASUALTY COMPANY and Assistant Secretary of UNITED FIRE&INDEMNITY COMPANY, and Assistant Secretary of 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_31st day of May 2016 Nt\�+aa�;�r,rq, te,\uuurugp, \\oa++u'�Nguayr r ¢Y cjP Gfiq'T on, -, <xmloatie conrcalnrc: uw�2 u_ By. o to ♦ �� , , 1 CR., Secretary,OF&C Assistant Secretary,OF&I/FPLC 1311OA0049 0913 0 DATE(MM/DDYYYY) ACC>R" CERTIFICATE OF LIABILITY INSURANCE 06/03/2016 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: 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 1-800-300-0325 CONTACT NAME: Holmes Murphy & Assoc - CR PHONE I FAX Ex • "JC, /C No): E-MAIL 500 1st Avenue NE, Suite 300 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# Cedar Rapids, IA 52401 INSURERA: INTEGRITY MUT INS CO 14303 INSURED INSURER B: Rathje Construction Company INSURERC: 305 44th St INSURER D; INSURER E: Marion, IA 52302 INSURER F: COVERAGES CERTIFICATE NUMBER:47035474 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 ADDL SUER POLICY NUMBER MM/DD Y_ffYYY MMIUD/YYYY LIMITS LTR A X COMMERCIAL GENERAL LIABILITY CPP2004077 11/01/15 11/01/16 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RETED CLAIMS-MADE lil OCCUR PREMISES(Ea occurence) $ 100,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY a jE LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY CA2004078 11/01/15 11/01/16 Ea aoadeDtSINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident A UMBRELLA LIAB X OCCUR CUP2004080 11/01/15 11/01/16 EACH OCCURRENCE $ 5,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 5,000,000 DED I I RETENTION$ $ A WORKERS COMPENSATION WCP2004079 11/01/15 11/01/16 X STATUTE �RH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Fairfax, Iowa, its officers and employees and Hall and Hall Engineers, Inc., are additional insureds on General Liability as required by written contract with the insured, per policy terms and conditions. Project: 2016 80th Street Water Main Extension HIRE Project No. 6950-15-06DW CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fairfax THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. 525 Vanderbilt St. AUTHORIZED REPRESENTATIVE Fairfax, IA 52228 � D s;z"— '1 USA ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD k j anney 47035474 RATHJE CONSTRUCTION COMPANY RATHJE BROS INVESTMENTS LLC Integrity Mutual Insurance PO BOX 408 P.O. Box 539 MARION IA 52302 Appleton, Wisconsin 54912-0539 Endorsement IL 03 Policy Number: CPP 2004077 Cancellation Privilege Notice This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective at 12:01 A.M. standard time Named Insured Countersigned by (Authorized Representative) SCHEDULE Name and Address of Person or Organization to Receive Notice of Cancellation: CITY OF FAIRFAX IOWA CITY CLERK 525 VANDERBILT ST FAIRFAX IA 52228 A. If we cancel this policy, we will mail to the person or organizatio n named in the Schedule of this endorsement, written notice of cancellation at least 30 days before the effective date of cancellation. B. If you cancel this policy, we will mail to the person or organizati on named in the Schedule of this endorsement, written notice of cancellation. IK704(3-89) Integrity Mutual Insurance P.O. Box 539 Appleton, Wisconsin 54912-0539 COMMERCIAL SPECIAL ENDORSEMENT SE 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured/Mailing Address: Agency Name/Address/Code Number: RATHJE CONSTRUCTION COMPANY HOLMES, MURPHY &ASSOCIATES RATHJE BROS INVESTMENTS LLC 500 FIRST AVENUE SUITE 300 PO BOX 408 CEDAR RAPIDS, IA MARION IA 52302 52401 14-761-00 Policy Number: Mod: Effective Date of Change: CPP2004077-03 11/01/15 at 12:01 AM Standard Time This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. ADDITIONAL INSURED ENDORSEMENT: THE CITY OF FAIRFAX, IOWA IS INCLUDED AS ADDITIONAL INSURED . THIS COVERAGE SHALL BE PRIMARY TO THE ADDITIONAL INSURED, AND NOT-CONTRIBUTING WITH ANY OTHER INSURANCE OR SIMILAR PROTECTION AVAILABLE TO THE INSURED, WHETHER OTHER AVAILABLE COVERAGE BE PRIMARY, CONTRIBUTING OR EXCESS . GOVERNMENTAL IMMUNITIES ENDORSEMENT: 1) NON-WAIVER OF GOVERNMENTAL IMMUNITY: THE INSURANCE CARRIER EXPRESSLY AGREES AND STATES THAT THE PURCHASE OF THIS POLICY AND THE INCLUDING OF THE CITY OF FAIRFAX, IOWA AS AN ADDITIONAL INSURED DOES NOT WAIVE ANY OF THE DEFENSES OF GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY OF FAIRFAX, IOWA UNDER CODE OF IOWA SECTION 670 . 4 AS IT NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TO TIME . Authorized Representative Issue Date: 11/05/15 IK968(08-97) Integrity Mutual Insurance P.O. Box 539 Appleton, Wisconsin 54912-0539 COMMERCIAL SPECIAL ENDORSEMENT SE 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured/Mailing Address: Agency Name/Address/Code Number: RATHJE CONSTRUCTION COMPANY HOLMES, MURPHY &ASSOCIATES RATHJE BROS INVESTMENTS LLC 500 FIRST AVENUE SUITE 300 PO BOX 408 CEDAR RAPIDS, IA MARION IA 52302 52401 14-761-00 Policy Number: Mod: Effective Date of Change: CPP2004077-03 11/01/15 at 12:01 AM Standard Time This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. 2) CLAIMS COVERAGE : THE INSURANCE CARRIER FURTHER AGREES AND STATES 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 GOVERNMENTAL IMMUNITY: THE CITY OF FAIRFAX, 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 FAIRFAX, IOWA. 4) NON-DENIAL OF COVERAGE : THE INSURANCE CARRIER SHALL NOT DENY ANY OF THE RIGHTS AND BENEFITS ACCRUING TO THE CITY OF FAIRFAX, IOWA UNDER THIS POLICY FOR REASONS OF GOVERNMENTAL IMMUNITY Authorized Representative Issue Date: 11/05/15 IK968(08-97) Integrity Mutual Insurance P.O. Box 539 Appleton, Wisconsin 54912-0539 COMMERCIAL SPECIAL ENDORSEMENT SE 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured/Mailing Address: Agency Name/Address/Code Number: RATHJE CONSTRUCTION COMPANY HOLMES, MURPHY &ASSOCIATES RATHJE BROS INVESTMENTS LLC 500 FIRST AVENUE SUITE 300 PO BOX 408 CEDAR RAPIDS, IA MARION IA 52302 52401 14-761-00 Policy Number: Mod: Effective Date of Change: CPP2004077-03 11/01/15 at 12:01 AM Standard Time This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. UNLESS AND UNTIL A COURT OF COMPETENT JURISDICTION HAS RULED IN FAVOR OF THE DEFENSE (S) OF GOVERNMENTAL IMMUNITY ASSERTED BY THE CITY OF FAIRFAX, IOWA. 5)NO OTHER CHANGE IN POLICY: THE INSURANCE CARRIER AND THE CITY OF FAIRFAX, IOWA AGREE THAT THE ABOVE PRESERVATION OF GOVERNMENTAL IMMUNITIES SHALL NOT OTHERWISE CHANGE OR ALTER THE COVERAGE AVAILABLE UNDER THE POLICY. CANCELLATION AND NONRENEWAL ENDORSEMENT: THIRTY (30) DAYS ADVANCE WRITTEN NOTICE OF CANCELLATION, TEN (10) DAYS WRITTEN NOTIFICATION OF CANCELLATION DUE TO NON-PAYMENT OF PREMIUM AND FORTY-FIVE (45) DAYS ADVANCE WRITTEN NOTIFICATION OF NON-RENEWAL SHALL BE SENT TO : THE CITY OF FAIRFAX IOWA, CITY CLERK, 525 VANDERBILT ST, FAIRFAX IOWA 52228 . THIS ENDORSEMENT SUPERSEDES THE STANDARD STATEMENT ON THE CERTIFICATE OF INSURANCE Authorized Representative Issue Date: 11/05/15 IK968(08-97) Integrity Mutual Insurance P.O. Box 539 Appleton, Wisconsin 54912-0539 COMMERCIAL SPECIAL ENDORSEMENT SE 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured/Mailing Address: Agency Name/Address/Code Number: RATHJE CONSTRUCTION COMPANY HOLMES, MURPHY &ASSOCIATES RATHJE BROS INVESTMENTS LLC 500 FIRST AVENUE SUITE 300 PO BOX 408 CEDAR RAPIDS, IA MARION IA 52302 52401 14-761-00 Policy Number: Mod: Effective Date of Change: CPP 2004077-03 11/01/15 at 12:01 AM Standard Time This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. TO WHICH THIS ENDORSEMENT IS ATTACHED . Authorized Representative Issue Date: 11/05/15 IK968(08-97) Bond No.54210199 00610 PERFORMANCE BOND ___... ...............-... __.., __ .................... CONTRACTOR(Name and Address): SURETY (Name and Address of Principal Place of Rathje Construction Co. Business): 4925 8th Avenue United Fire&Casualty Company P.O. Box 408 P.O. Box 73909 Marion, Iowa 52302 Cedar Rapids, IA 52407-3909 ........__.................................... __ OWNER (Name and Address): City of Fairfax 525 Vanderbilt Street Fairfax, Iowa 52228 CONTRACT Date. May 31,2016 Amount: $323,871.00 Description (Name and Location): 2016 80th Street Water Main Extension, Fairfax, Iowa E30NC3 Date(Not earlier than Contract gate): May 31,2016 Amount: $323,871.00 Modifications to this Bond Form: None _._.. ........... ..._.......... Surety and CONTRACTOR, intending to be legally bound hereby, subject to the terms included in this Section 00610, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Company: (Corp.Seal) Company: orp. Seal) Rathje Construct' o. United Fire ualty C y Signature: Signature Narne and Title: Robert L.Rathje,President Name and Title: Dione R.Young,A torney-in-Fact (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corp.Seal) Company: (Corp. Seal) Signature: . Signature: Name and Title: Name and Title: .._.v_.----------------.-_-.-._v-.-__.__-____.__..___._._---._.._._ ___._._._.-__-_._..__. .._............._._....___-_-- FOR USE BY OWNER ONLY REVIEWED BY OWNER Signature C � date I � e - Name and Title 00610-1 April 1, 2000 1. The CONTRACTOR and the Surety,jointly and severally, bind themselves, their heirs. Executors, adminiotratora, nuccooaona and maniAnn to the OWNER for the performance of the Contract, which iaincorporated herein byreference. 2. If the CONTRACTOR performs the Contract, the Surety and the CONTRACTOR have no obligation under this Bond, except toparticipate inconferences aoprovided inparagraph 3.1. 8, If there is no OWNER Default, the Surety's obligation under this Bond shall arise after: 3.1. The OWNER has notified the CONTRACTOR and the Surety at the addresses described in paragraph 10 bo/mw, that the OWNER is considering declaring a CONTRACTOR Default and has requested and attempted to arrange o oonhmronoe with the CONTRACTOR and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract. If the OWNER, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an Agreement shall not waive the OWNER's right, ifany, subsequently hudeclare eCONTRACTOR Default; and 12� The OWNER has declared a CONTRACTOR Default and formally terminated the C[)NTRACTOR'nright tocomplete the Contract. Such CONTRACTOR Default shall not be declared earlier than twenty days after the CONTRACTOR and the 8u,eh/ have received notice muprovided inparagraph 3.1; and 3.3. The OWNER has agreed bopay the Balance ofthe Contract Price to: 3.3.1. The Surety inaccordance with the terms ofthe Contract; 3.3.2 Another CONTRACTOR selected pursuant to paragraph 4.3 to perform the Contract. 4. When the OWNER has aeUefiad the conditions of paragraph 3. the Surety shall promptly and at the Surety's expense take one ofthe following actions: 4.1. Arrange for the CONTRACTOR' with consent of the OVVNER, to perform and complete the Contract; or 4.2, Undertake to perform and complete the Contract itoe|f, through its agents or through independent contractors; or 4.3. Obtain bide or negotiated proposals from qualified CONTRACTORS acceptable to the OWNER for a Contract for performance and completion of the Cont/aot, arrange for a Contract tobeprepared for execution bythe OWNER and the CONTRACTOR selected with the [>VVNER'a concurrence, to be secured with performance and payment Bonds executed by a qualified surety equivalent to the Bonds issued on the Contract, and pay to the OWNER the amount of damages as described in paragraph 8 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR Default, or 4.4. Waive its right to perform and nnm0|eby, arrange for completion, or obtain a new CONTRACTOR and with reasonable promptness under the circumstances; 4.4.1 After investigation, determine the amount for which it may be liable to the OWNER and, as soon as practicable after the amount is datermined, tender payment therefor hnthe OWNER; or 4A.2 Deny liability|n whole or in part and notify the OWNER citing reasons therefor. 5� If the Surety does not proceed as provided in paragraph 4with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional OOS10'2 April 1. 2O0O written notice from the OWNER to the Surety demanding that the Surety perform its obligations under this Bond, and the OWNER ahoU be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in paragraph 4.4. and the OWNER refuses the payment tendered or the Surety has denied pliability, in whole or in part, without further notice the OWNER shall beentitled toenforce any remedy available bothe OWNER, 8. After the OWNER has terminated the CONTRACTOR's right to complete the Contract, and if the Surety elects to act under paragraph 4.1. 4.2. or 4.3 above, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Contract, and the responsibilities ofthe OWNER iuTHE Surety shall not bmgreater than those ufthe OWNER under the Contract. To a limit of the amount of this Bond, but subject to commitment by the OWNER of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety isobligated without duplication for: 6.1The responsibilities of the CONTRACTOR for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional and delay costs resulting from the CONTRACTOR's Dafau|t, and raou|Un0 from the actions or failure to act of the Surety under paragraph 4; and 6.3. Liquidated damegeo, orifnuliquidated damages are specified in the Contract, actual damages caused by delayed performance or nonperformance of the CONTRACTOR. 7. The Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR that are unrelated to the Contreot, and the @m|anoo of the Contract Price uhn|| not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the OWNER or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice ofany change, including changes oftime, hothe Contract orto related subcontracts, purchase orders and other obligations. 9� Any proceedings legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the state of Iowa and shall be instituted within two years after CONTRACTOR Default orwithin two years after the CONTRACTOR ceased working orwithin two years after the Surety refuses or fails to perform its obligations under this Bond, vvhiphaver occurs first. ifthe provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the address shown unthe signature page. 11. When this Bond has been furnished to comply with a statutory or other |aQu| requirement in the location where the Contract was to be porfurmed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory orother legal requirement shall be deemed incorporated herein. The intent is that this Bond shall buconstrued auastatutory bond and not auacommon law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by the OWNER to the CONTRACTOR UNDER THE Contract after all proper adjustments have been made, including allowance to the CONTRACTOR of any amounts received or to be received by the OWNER in settlement of insurance or other Claims for damages to which the CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf ofthe CONTRACTOR under the Contract. 12.2. Contract: The Agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. O881O-3 April 1. 2UOO 12.3. CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. OWNER Default: Failure of the OVVNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract orio perform and oomp|aha or comply with the other terms thereof. ODG1O'4 April 1. 2000 Bond No.54210199 00620 PAYMENT BOND Any singular reference io CONTRACTOR, Sv/ob\ OWNER orother party shall be considered plural where applicable. CON ame and Address): SURETY (Name and Address of Principal Place of Rathje Construction Co. Business): 4925 8th Avenue United Fire&Casualty Company Marion, Iowa 52302 Cedar Rapids,IA 52407-3909 OWNER(Name and Address): City of Fairfax 525 Vanderbilt Street Fairfax, Iowa 52228 CONTRACT Date: May 31,2016 Amount., $323,871.00 Description (Name and Location): 2016 80th Street Water Main Extension,Fairfax, Iowa BOND Date (Not earlier than Contract Date): May 31, 2016 Amount:: $323,871-00 Modifications to this Bond Form: None Surety and CONTRACTOR, intending to be legally bound hereby, subject to the terms included in this Section 00620, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AGPRINCIPAL SURETY Company: (Corp. Seal) Company: RathJe ConstructiA Co. United F qu alty C y Signature: Signatur7 =-174�Z— -- Narrie and Title: Robert L. Rathje,President Name and Title: Dione R.Young,A/torney-in-Fact (Attach Power ofAttorney) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR ASPRINCIPAL SURETY Company: (Corp, Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: [j _—___—_—__ —_---__- FOR USE BYOWNER ONLY REVIEWED BY Signature Date Name and Title 00S2O-1 April 1. 2000 1. The CONTRACTOR and the Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER to pay for labor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to the OWNER, this obligation shall be null and void if the CONTRACTOR: 2.1. Promptly makes payment, directly or indirectly,for all sums due Claimants, and 2.2. Defends, indemnifies and holds harmless the OWNER from all claims, demands, Liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Contract, provided the OWNER has promptly notified the CONTRACTOR and the Surety(at the addresses described in paragraph 12)of any claims, demands, Liens or suits and tendered defense of such claims, demands, Liens or suits to the CONTRACTOR and the Surety, and provided there is no OWNER Default. 3. With respect to Claimants, this obligation shall be null and void if the CONTRACTOR promptly makes payment, directly or indirectly,for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct Contract with the CONTRACTOR have given notice to the Surety (at the addresses described in paragraph 12) and sent a copy, or notice thereof, to the OWNER, stating that a Claim is being made under this Bond and, with substantial accuracy, the amount of the Claim. 4.2. Claimants who do not have a direct Contract with the CONTRACTOR: 1. Have furnished written notice to the CONTRACTOR and sent a copy, or notice thereof, to the OWNER, within 90 days after having last performed labor or last furnished materials or equipment included in the Claim stating, with substantial accuracy, the amount of the Claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from the CONTRACTOR, or not received within 30 days of furnishing the above notice any communication from the CONTRACTOR by which the CONTRACTOR had indicated the Claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to the Surety and sent a copy, or notice thereof, to the OWNER, stating that a Claire is being made under this Bond and enclosing a copy of the previous written notice furnished to the CONTRACTOR. 5. If a notice required by paragraph 4 is given by the OWNER to the CONTRACTOR er to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1. Send an answer to the Claimant, with a copy to the OWNER, within 45 days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 62. Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 00620-2 April 1, 2D00 & Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy do|ma, if any, under any Performance Bond. By the CONTRACTOR furnishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Contract aro dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond. subject bothe OVVNER'a priority to use the funds for the completion ofthe Work. A� The Surety aho|| not be liable to the OWNER. Claimants or others for obligations of the CONTRACTOR that are unrelated hothe Contract ' The OWNER shall not beliable for payment ofany costs or expenses ofany Claimant under this Bond' and shall have under this Bond no obligations to make payments to, give nodu*o on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11, No suit oraction nhoU be commenced by a Claimant under this Bond other than in o court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by paragraph 4.1 orparagraph 42.3. or (2) on which the last labor orservice was performed by anyone or the |mmt materials orequipment were furnished by anyone under the Construction Controot, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by !avv, the minimum period of limitation available to sureties an a defense in the jurisdiction ofthe suit shall beapp|ioab|e� 12. Notice to the Surety, the OWNER o/ the CONTRACTOR shall be mailed or delivered to the addresses shown on the signature page. Adme| receipt nfnotice by Surety, the OWNER orthe CONTRACTOR, however accomplished, shall be sufficient compliance as of the date received at the address shown onthe signature page. 13. When this Bund has been furnished to comply with o statutory or other legal requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory nrlegal requirement shall be deemed deleted herofnom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall beconstrued asastatutory Bond and not aomcommon law bond. 14. Upon request of any person urentity appearing to be e potential beneficiary ofthis Bond. the CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having adirect Contract with the CONTRACTOR orwith a Subcontractor of the CONTRACTOR to furnish labor, materials or equipment for use in the performance of the Contract. The intent ufthis Bond shall be to include without limitation in the terms '|mbor, materials or equipment' that pad of water, gas, power, |iQhL, heat, oil, 0oeo|ine, telephone aarv\oo or rental equipment used in the Contrmct, architectural and engineering emrviowa required for performance of the Work of the CONTRACTOR and the CONTRACTOR's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the |abnr, mmb*rio|e or equipment were furnished. 16.2. Contract: The Agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 153. OWNER Default: Failure ofthe OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof, OOG2O'3 April 1. 208U 00500 AGREEMENT 2016 80TH STREET WATER MAIN EXTENSION CONTRACT NO. 69520-15-06DW THE CITY OF FAIRFAX THIS AGREEMENT is by and between CITY OF FAIRFAX (hereinafter called OWNER) and Rathje Construction Company(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -THE PROJECT 1.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally referred to as follows: 2016 80TH STREET WATER MAIN EXTENSION ARTICLE 2-WORK 2.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: installing approximately 1,100LF of 8" diameter water main along Highway 151, boring and jacking approximately 130LF of 26" diameter steel casing pipe with a 16" diameter water main carrier pipe under Highway 151, and installing approximately 2,250LF of 16" diameter water main along 80th Street in Fairfax. ARTICLE 3-ENGINEER 3.01 The Project will be administered by Hall & Hall Engineers, Inc., who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4-CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. The early start date is June 6, 2016. C. The late start date is July 11, 2016. 4.02 Working Days for Completion and Final Payment A. The Work will be completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 20 Working Days for the Base Bid or 30 Working Days for the Base Bid with Bid Alternate (as defined in General Conditions) after the date when the Contract Times commence to run. 00500-1 November 6, 2014 4.03 Dates for Milestones A. In addition to final completion times, there are Milestones by which certain WORK ITEMS must be completed. See General Conditions for Milestone requirements: MILESTONE 1: Final completion of all work August 18, 2016 for the Base Bid September 2, 2016 for the Base Bid with Bid Alternate 4.04 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,000 for each day that expires after the time specified in paragraph 4.02 until the Work is complete and ready for final payment. ARTICLE 5-CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs below: A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in Exhibit 00500-A. B. For all accepted Supplemental Unit Price Work, each item identified separately as indicated in Exhibit 00500-B. ARTICLE 6- PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Quantity cutoff is the 4th Wednesday of the each month. The CONTRACTOR shall sign- off on OWNER generated pay application and, if applicable, change order documents within 14 calendar days of 4th Wednesday of month in accordance with Article 14 of the General Conditions or as per OWNER generated processing schedule. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments;Retainage A. OWNER shall make progress payments on account of Work completed on the basis of Owner Inspector generated quantities on or within 14 calendar days of OWNER stated due date for all appropriate documents (or within 21 calendar days of receipt if documents are received subsequent to OWNER stated due date) during performance of the Work as provided in paragraphs 6.02A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 00500-2 November 6, 2014 1. Prior to Project Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a. 95% of Work completed (with the balance being retainage). If the Work has been 95% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and, OWNER, on recommendation of, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Final Completion will be in an amount equal to 100% of the Work completed less the aggregate of payments previously made; and b. 100% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. OWNER shall pay retainage to CONTRACTOR in accordance with paragraph 14.02.B.5 of the General Conditions. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7—NOT USED ARTICLE 8-CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site, if any, and all Drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site, if any, (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and Drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. CONTRACTOR acknowledges that such reports and Drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or 00500-3 November 6, 2014 indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site or otherwise which may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of Work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and Drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. CONTRACTOR is competent and has sufficient equipment, personnel and financial resources to perform Work in accordance with the Contract Documents. 00500-4 November 6, 2014 ARTICLE 9-CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following items (either bound herein or separately)as marked with an "X". Included 1. This Agreement ® a. Pages 1 to 9, inclusive; ® b. Exhibit 500-A, Unit Price Work (pages 1 to 2, inclusive); ❑ c. Exhibit 500-B, Supplemental Unit Price Work(pages 1 to [ ], inclusive); ® 2. Notice of Hearing and Letting. ® 3. Performance Bond (pages 1 to 4 inclusive); ® 4. Payment Bond (pages 1 to 3 inclusive); 5. Other Bonds(pages [ ] to [ ], inclusive), (name of bond); ❑ a. [ ] (pages [ ]to [ ], inclusive); ❑ b. [ ] (pages [ ]to [ ], inclusive); ❑ c. [ ] (pages [ ]to [ ], inclusive); 6. Bid Form Attachments ® a. Attachment I — Equal Employment Opportunity/Non- Discrimination Policy Statement ® b. Attachment II —Non-Collusion Affidavit ❑ c. Attachment III—Disadvantaged Business Enterprise(DBE) Certification for Non-Rolling Stock Materials or Services ❑ d. Attachment IV—Disadvantaged Business Enterprise(DBE) List ❑ e. Attachment V—Debarment and Suspension Certification ❑ f. Attachment VI—Certification of Primary Participant Regarding Debarment, Suspension, and Other Responsibility Matters ❑ g. Attachment VII—Part 661 —Buy America Requirements— Surface Transportation Assistance Act of 1982, As Amended ❑ h. Attachment VIII—Certification of Restrictions on Lobbying ❑ i. Attachment IX—Certification of Nonsegreated Facilities ❑ j. Attachment X—Targeted Small Business (TSB) Pre-Bid Contact Information ❑ k. Attachment XI—Licensed Plumber or Pipe Layer Certification ❑ I. Attachment XII—Local Business Certificate ❑ m. Attachment XIII—Affidavit of Drug Free Workplace Compliance ❑ n. Attachment XIV—Schedule of Unit Prices for Traffic Signal Installation ❑ o. Attachment XV—Bidder Status Form ® 7. Cedar Rapids Metropolitan Area Standard Documents; a. Cedar Rapids Metropolitan Area Standard Specifications for Public Improvements, current version b. Cedar Rapids Metropolitan Area Standard Details for Public Improvements, current version ® 8. Supplementary Conditions, Section 00800, (pages 1 to 18, inclusive); ❑ 9. Special Provisions and Specifications as listed in the table of 00500-5 November 6, 2014 contents of the Project Manual; ® 10. Drawings consisting of a cover sheet and sheets numbered A.01 through U.01, inclusive, with each sheet bearing the following general title: 2016 80th STREET WATER MAIN EXTENSION ® 11. Addenda (numbers 1 to 1, inclusive); 12. Exhibits to this Agreement(enumerated as follows): ❑ a. Notice to Proceed (pages [ ]to [ ], inclusive); ® b. CONTRACTOR's Bid Exhibit 00300A(pages 1 to 1, inclusive); ❑ c. Documentation submitted by CONTRACTOR prior to Notice of Award (pages [ ] to [ ], inclusive); ® d. Insurance Certificates; ❑ e. [FIELD FOR"OTHER EXHIBITS"]; 13. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: ❑ a. Written Amendments; ❑ b. Work Change Directives; ® c. Change Order(s). B. The documents listed in paragraph 9.01.A are incorporated by reference (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. Any attachments within an appendix not listed in Article 9, are not part of the Contract Documents. The CONTRACTOR has limited reliance on these appendices, in accordance with the General Conditions. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.04 of the General Conditions. ARTICLE 10-MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability 00500-6 November 6, 2014 A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Other Provisions—NOT USED 00500-7 November 6, 2014 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on the date the Award is approved by the City Council as acting on behalf of the OWNER. OWNER: City of Fairfax CONTRACTOR: Rathj e Construction Co. By: t .-�- c� f, .. X - By: r A 14 a,f Robert L. Rathje President (Title) (Title) Date: C /� � Date: June 7, 2016 ,!,'�dyee000i0ee0 p••a ® ° co °e0- o®. [CORPORATE SEAL] [CORPORATE SEAL] Att Q� Address for giving notices: Address for giving notices: City of Fairfax Rathje Construction Co. City Clerk P.O. Box 408 525 Vanderbilt Street Marion, IA 52302 Fairfax, Iowa 52228 License No. C099377 License No. (If OWNER is a corporation, attach evidence of (Where applicable) authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution Agent for service of process: or other documents authorizing execution of OWNER-CONTRACTOR Agreement.) Robert L. Rathie Designated Representative: Designated Representative: Name: Matt Johnson, P.E. Name: Robert L. Rathje Title: Project Manager Title: President Address: Hall & Hall Engineers, Inc. Address: Rathje Construction Co. 1860 Boyson Road P.O. Box 408 Hiawatha, Iowa 52233 Marion, IA 52302 Phone: (319) 362-9548 Phone: 319-377-3179 Facsimile: (319)362-7595 Facsimile: 319-377-3827 Email Email Address: Matt@halleng.com Address: brathje@rathjeconstruction.co.m 00500-8 November 6, 2014 INSTRUCTIONS FOR EXECUTING CONTRACT If the Agreement is to be signed by the Secretary of the corporation, the certificate below should be executed by some other officer of the corporation, under the corporate seal. In lieu of the foregoing certificate, there may be attached to the Agreement copies of so much of the records of the corporation which will show the official character and authority of the officers signing, duly certified by the secretary or assistant secretary under the corporate seal to be true copies. The full name and business address of CONTRACTOR should be inserted and the Agreement should be signed with CONTRACTOR's official signature. Please have the name of the signing party printed under all signatures of the Agreement. If CONTRACTOR is operating as a partnership, each partner should sign the Agreement. If the Agreement is not signed by each partner, there should be attached to the Agreement a duly authenticated power of attorney evidencing the signer's (signers') authority to sign such Agreement for and in behalf of the partnership. If CONTRACTOR is an individual, the trade name (if CONTRACTOR is operating under a trade name) should be indicated in the Agreement and the Agreement should be signed by such individual. If signed by other than CONTRACTOR, there should be attached to the Agreement a duly authenticated power of attorney evidencing the signer's authority to execute such Agreement for and in behalf of CONTRACTOR. If CONTRACTOR is a corporation, the following certificate should be executed: I, Mary L. Rath ie , certify that I am the Secretary of the corporation named as CONTRACTOR herein above; that Robert L. Rath_ie who signed the foregoing Agreement on behalf of CONTRACTOR was then President of said corporation; that said Agreement was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers. (Corporate Seal) END OF SECTION 00500 00500-9 November 6, 2014 EXHIBIT 00500-A UNIT PRICE WORK 2016 80TH STREET WATER MAIN EXTENSION CONTRACT NO.6950-15-06 DW CITY OF FAIRFAX,IOWA BID STD ITEM ITEM UNIT PRICE BID NO. NO. DESCRIPTION QTY UNIT (Numbers) EXTENSION 1 01100-01 Mobilization 1 LS $ 4,000.00 $ 4,000.00 2 01200-01 Traffic Control 1 LS $ 1,600.00 $ 1,600.00 3 01300-01 Temporary Erosion and Sediment Control 1 LS $ 1,000.00 $ 1,000.00 4 01300-10 Silt Fence 500 LF $ 2.25 $ 1,125.00 5 01400-01 Clearing and Grubbing 1 LS $ 400.00 $ 400.00 6 01400-10 Removal of Existing Pavements,Driveways,Curb,and 24 SY $ 12.00 $ 288.00 Gutter 7 01400-41 Remove and Reinstall Culvert Pipe,36"HDPE 8.0 LF $ 65.00 $ 520.00 8 01400-99 Remove and Reinstall Flared End Section 2 EA $ 1,175.00 $ 2,350.00 9 02000-02 Strip and Respread Topsoil 650 CY $ 10.00 $ 6,500.00 10 02200-10 Trench Stabilization(Contingency) 100 TON $ 20.00 $ 2,000.00 11 02250-01 Casing Pipe-Boring and Jacking,26"Dia.Steel 134 LF $ 250.00 $ 33,500.00 12 02250-10 Carrier Pipe Inside Casing Pipe,16"Dia.PVC Water 139 LF $ 85.00 $ 11,815.00 Main(C-900)-Joint Lock Pipe 13 02500-01 Water Main(C-900),8"Dia PVC 5 LF $ 100.00 $ 500.00 14 02500-01 Water Main(C-900),12"Dia PVC 42 LF $ 75.00 $ 3,150.00 15 02500-01 Water Main(C-900), 16"Dia PVC 2,380 LF $ 44.00 $ 104,720.00 16 02500-20 Furnish and Install 8"Dia.Gate Valve and Box 1 EA $ 1,550.00 $ 1,550.00 17 02500-20 Furnish and Install 12"Dia.Gate Valve and Box 1 EA $ 2,450.00 $ 2,450.00 18 02500-20 Furnish and Install 16"Dia.Gate Valve and Box 7 EA $ 6,800.00 $ 47,600.00 19 02500-30 Fittings for Water Distribution System 1,880 LB $ 6.00 $ 11,280.00 20 02500-50 Furnish and Install Fire Hydrant and Assembly 3 EA $ 4,500.00 $ 13,500.00 21 02500-60 Disinfection and Hydrostatic Testing 1 LS $ 100.00 $ 100.00 22 02700-20 Portland Cement Concrete Driveway,7"Depth(Includes 24 SY $ 140.00 $ 3,360.00 6"Depth Granular Subbase) 23 02800-40 Aggregate Surfacing 44 TON $ 28.00 $ 1,232.00 24 02900-12 Hydroseeding with Liquid Mulch Binder 1.4 AC $ 3,800.00 $ 5,320.00 TOTAL BASE BID COMPUTED TOTAL BASE BID Items 1 through 24 Two Hundred Fifty-Nine Thousand Eight Hundred Sixty Dollars $ 259,860.00 (Words) (Numbers) 00500-A Page 1 of 2 Addendum#1 EXHIBIT 00500-A BID ALTERNATE ITEMS BID STD ITEM ITEM UNIT PRICE BID NO. NO. DESCRIPTION QTY UNIT Numbers EXTENSION 6A 01400-10 Removal of Existing Pavements,Driveways,Curb,and 58 SY $ 12.00 $ 696.00 Gutter 7A 01400-41 Remove and Reinstall Culvert Pipe 48 LF $ 50.00 $ 2,400.00 8A 01400-99 Remove and Reinstall Flared End Section 2 EA $ 1,200.00 $ 2,400.00 13A 02500-01 Water Main(C-900),8"Dia PVC 1,166 LF $ 25.00 $ 29,150.00 14A 02500-01 Water Main(C-900), 12"Dia PVC 11 LF $ 65.00 $ 715.00 16A 02500-20 Furnish and Install 8"Dia.Gate Valve and Box 1 EA $ 1,550.00 $ 1,550.00 19A 02500-30 Fittings for Water Distribution System 262 LB $ 6.00 $ 1,572.00 20A 02500-50 Furnish and Install Fire Hydrant and Assembly 2 EA $ 4,500.00 $ 9,000.00 21A 02500-60 Disinfection and Hydrostatic Testing 1 LS $ 100.00 $ 100.00 22A 02700-20 Portland Cement Concrete Driveway,7"Depth(Includes 58 SY $ 140.00 $ 8,120.00 6"Depth Granular Subbase) 23A 02800-40 Aggregate Surfacing 26 TON $ 28.00 $ 728.00 24A 02900-12 Hydroseeding with Liquid Mulch Binder 1 AC $ 4,200.00 $ 4,200.00 25A 02400-01 Remove and Replace Storm Sewer, 18'CMP 17 LF $ 50.00 $ 850.00 26A 02500-32 Relocate Existing Automatic Flushing Valve 1 EA $ 1,900.00 $ 1,900.00 27A Remove and Replace PCC Flume 7 SY $ 90.00 $ 630.00 TOTAL PROJECT BID(BASE BID AND BID ALTERNATE) Base Bid Items 1 to 24 and Bid Alternate Items 6A to 27A Three Hundred Twenty-Three Thousand Eight Hundred Seventy-One Dollars $ 323,871.00 (Words) (Numbers) As provided in paragraph 11.01 of the General Conditions, estimated quantities are not guaranteed,and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.01 of the General Conditions. 00500-A Page 2 of 2 Addendum#1