Improvement Contract/Bond_Evans-Manson, Inc._Mathias Ham House Masonry Rehab Copyrighted
June 5, 2017
City of Dubuque Consent Items # 32.
ITEM TITLE: Improvement Contracts / Performance, Payment and
Maintenance Bonds
SUMMARY: Dan Arensdorf Construction, Inc. for the 2017 Asphalt
Overlay Ramp Project Two; Evans-Mason, Inc., for the
Mathias Ham House Masonry Rehabilitation Project; Hydro-
Tech, Inc., for the Five Flags Theater Masonry
Rehabilitation and Fire Escape Project.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Arensdorf Construction, Inc. Contract and Bond Supporting Documentation
Evans-Mason, Inc., Contract and Bond Supporting Documentation
Hydro-Tech, Inc., Contract and Bond Supporting Documentation
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
MATHIAS HAM HOUSE MASONRY REHABILITATION PROJECT
THIR IMPRn\/F=KAF=NT CONTRACT (the Contract), made in triplicate, elated for references
purposes the 3rd day of April, 2017 between the City of Dubuque, Iowa, by its City Manager,
through authority conferred upon the City Manager by its City Council (City), and Evans-Mason,
Inc. (Contractor).
For and in consideration of the, mutual covenants herein contained, the parties hereto
agree as follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for the Mathias {
Ham House Masonry Rehabilitation Project (Project).
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
1. Project Title Page (Section 00100).
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2. Project Directory Page (Section 00101). y
3. 'This Public Improvement Contract (Section 00500).
4. Performance,.Payment, and Maintenance Bond (Section 00600).
5. Out-of-State Contractor Bond (Section 00610).
6. Other Bonds:
a. (Bond Name) (pages —to e , inclusive).
b. (Bond Name) (pages _to _ , inclusive).
C. (Bond Name) (pages —to _ , inclusive).
7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2015 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2015 Edition.
9. Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual.
10.Special Provisions included in the project Contract Document Manual.
11.Drawings –Sheet No. A101 through No. A104 or drawings consisting of sheets
bearing the following general title:
Mathias Ham House Masonry Rehabilitation Project
12.Addenda (numbers 1 to 1, inclusive).
13.Insurance Provisions and Requirements (Section 00700).
14.Sales Tax Exemption Certificate (Section 00750).
15.Site Condition Information (Section 00775).
16.Construction Schedule and Agreed Cost of Delay (Section 00800).
17.Erosion Control Certificate (Section 00900).
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SECTION 00500
Page 2 of 6
18.Consent Decree (Section 01000).
19.Other Project Information and Permits (Section 01100 - 00000).
20.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.
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i. Insurance as required
ii. Performance, Payment and Maintenance Bond
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21.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, l
modified, or supplemented as provided in General Conditions.
3. 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.
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4. 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 h
redone to the satisfaction of the City at the sole cost and expense of the Contractor.
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5. Five percent (5%) of the Contract price will be retained by the City for a period of thirty (30) N
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
connection with the performance of this Contract and for a longer period if such claims are
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.
6. The Contractor has read and understands the Contract Documents herein referred to and
agrees not to plead misunderstanding or deception related to estimates of quantity,
character, location or other conditions for the Project.
7. In addition to any warranty provided for in the specifications, the Contractor must also fix 9.
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.
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SECTION 00500 i
Page 3 of 6
8. 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.
9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law,
Contractor shall defend, lndemnI y and hold harmless Cety, 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 i
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.
10. 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 oranything 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 j
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.
11. 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.
12. 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.
13. 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.
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).
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.
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SECTION 00500
Page 4of6 g
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 h
with Public Law 103-121, Sections 606(a) and (b).
D. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. d
252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department
of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
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Federally assisted programs of the Department of Transportation issued pursuant to
such Act, hereby notifies all bidders that it will affirmatively insure that in any contract
entered into pursuant to this advertisement, minority business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or
disability in consideration for an award.
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CONSENT DECREE
RELATING TO THE PROJECT
14. 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
APPLICABLE. I
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CITY CONTRACTOR l
THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE
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RELATED TO THE WATER & RESOURCE RECOVERY CENTER ORTHE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS
SECTION ARE NOT APPLICABLE.
The City has entered into a Consent Decree in the case of The United States of America, and the II
State of Iowa v. The City of Dubuque, 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
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 City is required to provide a copy of the Consent Decree to any contractor or consultant retained
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
htti)://www.citvofdubuque.oM/DocumentCenter/Home/View/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.
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 f
of all documents, reports, data, records, or other information (including documents, records, or other
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SECTION 00500
Page 5 of 6
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
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 °
City must notify the United States and the State at least ninety (90) Days prior to the destruction of any
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.
CERTIFICATION BY CONTRACTOR
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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:
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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 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90- I
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. 1
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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.
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.
CONT .: (4CT
7Controt
By.
Signature
Pri .4Ked Name
Title
Date
SECTION 00500
Page 6 of 6
THE CITY AGREES:
15. 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.
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CONTRACT AMOUNT $ 82,280.00
CITY OF DUBUQUE, IOWA:
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Citv Vanaqer's Office
Depart t
h
By: j
Sig ature
Michael C. Van Milligen
Printed Name
City Manager
Title IF i
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Date a
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CONTRACTOR:
-
Contr ct r
Ba
�e5�er � �Sayn
Pri to Name
Title
Date
___= END OF SECTION 00500 =___
Duplicate Original(3)
Bond Number: EACX128000039
Performance Bond
CONTRACTOR: SURETY:
(Name,legal status and address) (Name,legal status acrd priauzpalplace of business)
Evans-Mason, Inc. Endurance Assurance Corporation
1021 S Grand Ave E 4 Manhattanville Road
Springfield, IL 62703 Purchase, NY 10577
OWNER:
(Name) legal status and address) This document has important
City of Dubuque legal consequences.Consultation
2200 Bunker Full Road with an attorney is encouraged
Dubuque, IA 52001 with respect to its completion or
modification.
CONSTRUCTION CONTRACT Any singular reference to
Date: April 3, 2017 Contractor,Surety,Owner or
other party shall be considered
Amount: $82,280.00 plural where applicable.
This document combines two
Description: Mathias Ham House Masonry Rehabilitation Project
Architect's Project No.1704
ueseparate bonds,a Performance
(Name and lncation)Dubu ,IA , Bond and a Payment Bond,into
9 one form.This is not a single
combined Performance and
BOND
Date: April 26, 2017 Payment Bond.
(Not earlier than Construction Contract Date)
Amount: $82,280.00
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Modifications to this Bond: X None ❑ See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal) k
Evans-Mason Endurance Assurance Corporat nA2 JA
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Signatur : � "� Signature: /tC-
Name o—� MASesAi Name Ronald Kaihoi,Attorney-In-Fact
and Title: PRESI �1-- and Title:
(4rty addita'onal signatures appear on the lastpage of 4Us Performance Bond)
(FDR INFORMATION ONLY—Name) address and telephone)
AGENTXX OWNER'S REPRESENTATIVE:
(_,�rchite(t,.Engineer or otherparty.)
AGORA Surety&Insurance Services,LLC City of Dubuque, IA
PO BOX 506 City Manager's Office
Montevideo,MN 56265 Michael C.Van Milligen,City Mgr
Ph: 320-269-8546
By arrangement with the American Institute of Architects, the National Association of Surety Bond 1
Producers (NASBP) (www.nasbp.ore) makes this form document available to its members, affiliates, and
associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that
the original text of this document conforms exactly to the text in AIA Document A312-2010,Performance
Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by
users, so careful review of its wording and consultation with an attorney are encouraged before its
completion,execution or acceptance.
1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under
this Bond,except when applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise j
after
1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among
the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not j
request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,
request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the
Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)
business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety
agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such
an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
g 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
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to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the
extent the Surety demonstrates actual prejudice.
5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take
one of the following actions: ;I
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§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
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§5.2 Undertake to perform and complete the Construction Contract itself;through its agents or independent p
contractors;
5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds
executed by a qualified surety-equivalent-to the bonds issued on the Construction Contract,and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a 4
result of the Contractor Default;or
5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as
practicable after the amount is determined,make payment to the Owner;or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
G If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or
the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
By arrangement with the American Institute of Architects, the National Association of Surety Bond Z
Producers (NASBP) (www.nasbb.org)makes this form document available to its members, affiliates, and
associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that
the original text of this document conforms exactly to the text in AIA Document A312-2010,Performance
Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by
users, so careful review of its wording and consultation with an attorney are encouraged before its j
completion,execution or acceptance. j
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7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by
the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and
resulting from the actions or failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual
damages caused by delayed performance or non-performance of the Contractor.
§S If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the f
Construction Contract,and the Balance of the Contract Price shall 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,successors and assigns.
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S 10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a
declaration of Contractor Default or within two years after the Contractor ceased working or within two years after
the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the 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.
12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where j
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished;the intent is that this Bond shall be construed as a statutory bond
and not as a common law bond. {
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14 Definitions
14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any j
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 of the Contractor under the
Construction Contract. C
14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, I
including all Contract Documents and changes made to the agreement and the Contract Documents,
5 14.3 Contractor Default Failure of the Contractor,which has not been remedied or waived,to perforin or
otherwise to comply with a material term of the Construction Contract. 1
14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as
required under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this
Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
By arrangement with the American Institute of Architects, the National Association of Surety Bond 3
Producers (NASBP) (www.nasbn.org) makes this form document available to its members, affiliates, and
associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that
the original text of this document conforms exactly to the text in AIA Document A312-2010,Performance
Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by
users, so careful review of its wording and consultation with an attorney are encouraged before its
completion,execution or acceptance.
16 Modifications to this bond are as follows:
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(Space is provaded below for additzona!signatures of added parta'es, other than those appearing on the cover page,)
CONTRACTOR AS PRINCIPAL SURETY
Company: (C'otporate Seal) Company: (Corporate Seal)
Signature: N/A Signature: NSA
Name and Title: Name and Title:
Address: Address:
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By arrangement with the American Institute of Architects, the National Association of Surety Bond 4
Producers (NASBP) (www.nasbp.org) makes this form document available to its members, affiliates, and
associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that
the original text of this document conforms exactly to the text in AIA Document A312-2010,Performance
Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by
users, so careful review of its wording and consultation with an attorney are encouraged before its
completion,execution or acceptance.
Bond Number EACX128000039
Payment Bond
CONTRACTOR: SURETY:
(Name,legal status and address) (Name,legal status and principal place of business)
Evans-Mason, Inc. Endurance Assurance Corporation l
102rr�1nnS Grand Ave E 4 Manhattanville Road
oppWNEgfield, IL 62703 Purchase, FAY 10577
a
(Name,legal status and address) This document has important s
City of Dubuque legal consequences. Consultation
2200 Bunker Hill Road with an attorney is encouraged
Dubuque, IA 52001 with respect to its completion or
modification.
Any singular reference to
CONSTRUCTION CONTRACT Contractor,Surety,Owner or
Date: April 3, 2017 other party shall be considered
plural where applicable.
Amount: $82,280.00 This document combines two
separate bonds,a Performance
Description: Mathias Ham House Masonry Rehabilitation Project Bond and a Payment Bond,into
(Name and location) Architect's Project No.1704 one form.This is not a single
Dubuque,IA combined Performance and
BOND Payment Bond.
Date: April 26, 2017
(Not earlier than Construction Contract Date)
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Amount: $82,280.00
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Modifications to this Bond: X None ❑ See Section 18
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CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Evans-Masod. 4iic. Endurance Assurance Corp r ion
Signatu !` Signature: H
Narne LkswQ�" rLJ Name Ronald Kalhoi,Attorney-In-Fact N
and Title: N_e and Title:
(4rzy additional signatures appear on the last page of this Payment Bond.)
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(FOR INFORMATION ONLY—Name, address and telephone)
AGENT XKXMX OWNER'S REPRESENTATIVE:
Orchatect; Engineer or otherparty)
ACORA Surety&Insurance Services,LLC City of Dubuque,IA
PO BOX 506 City Manager's Office
Montevideo,MN 56265 Michael C.Van Milligen,City Mgr
Ph: 320-269-8546
By arrangement with the American Institute of Architects, the National Association of Surety Bond 5
Producers (NASBP) (www.nasbp.org) makes this form document available to its members, affiliates, and
associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that
the original text of this document conforms exactly to the text in AIA Document A312-2010,Performance
Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by
users, so careful review of its wording and consultation with an attorney are encouraged before its
completion,execution or acceptance. p
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I The Contractor and 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
ofthe Construction Contract,which is incorporated herein by reference,subject to the following terms.
5 2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds
harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials
or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor
shall have no obligation under this Bond.
y 3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this {
Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in J
Section 13)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity
seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract
and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense
defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit.
5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
i
5.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy
the amount claimed and the name of the party to whom the materials were,or equipment was,
furnished or supplied or for whom the labor was done or performed,within ninety(90)days after
having last performed labor or last furnished materials or equipment included in the Claim;and
.2 have sent a Claim to the Surety(at the address described in Section 13).
l
5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety
(at the address described in Section 13).
{
$If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall
promptly and at the Surety's expense take the following actions: j
u
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60) days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and q
5 7.2 Pay or arrange for payment of any undisputed amounts.
5 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed
amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its C
obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's
Fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
5 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the
performance of the Construction Contract and to satisfy claims,if any,under any construction 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 Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under
this Bond,subject to the Owner's priority to use the funds for the completion of the work.
By arrangement with the American Institute of Architects, the National Association of Surety Bond G
Producers (NASBP) (www.nasbn.ora) makes this form document available to its members, affiliates, and
associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that
the original text of this document conforms exactly to the text in AIA Document A312-2010,Performance
Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by
users, so careful review of its wording and consultation with an attorney are encouraged before its
completion,execution or acceptance. j
10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of
any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on
behalf of,Claimants or otherwise have any obligations to Claimants under this Bond.
11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
competent
12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of com
� P
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date(1) on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract,whichever of(1) or(2) first occurs.I f the
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.
5 13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be 9
sufficient compliance as cf the date received.
5 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrorn and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond j
and not as a common law bond.
15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
�16 Definitions j
16.1 Claim.A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use
in the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of j
the Claim;
.7 the total amount of previous payments received by the Claimant;and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of
the date of the Claim.
16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The
term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's
lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to
include without limitation in the terms"labor,materials or equipment"that part ofwater,gas,power,light,heat,oil,
gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering
services 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 labor,materials or equipment were
furnished.
§16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
By arrangement with the American Institute of Architects, the National Association of Surety Bond 7
Producers (NASBP) (www.nasb�.org) makes this form document available to its members, affiliates, and
associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that
the original text of this document conforms exactly to the text in AIA Document A312-2010,Performance
QWBond and Payment Bond. Subsequent modifications may be made to the original text of this document by
A
users, so careful review of its wording and consultation with an attorney are encouraged before its
completion,execution or acceptance.
16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as
required under the Construction Contractor to perform and complete or comply with the other material terms of the
Construction Contract.
§16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this
Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. p
18 Modifications to this bond are as follows:
4
u
n
I'
(Space isprovided hek2v for^additional signatures of added parties,other than those appearing on the coverpage.)
CONTRACTOR AS PRINCIPAL SURETY u
Company. (Corporate Seal) Company. (Corporate Serif) h
Signature: N/A Signature: N/A
Name and Title: Name and Title:
y
Address: Address:
l
it
Icy
a
By arrangement with the American Institute of Architects, the National Association of Surety Bond g
Producers (NASBP) (www.nasbp.org) makes this form document available to its members, affiliates, and
associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that
the original text of this document conforms exactly to the text in AIA Document A312-2010,Performance
Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by
users, so careful review of its wording and consultation with an attorney are encouraged before its
completion,execution or acceptance.
Duplicate Original(3)
ENDURANCE ASSURANCE CORPORATION
MAINTENANCE BOND
BOND No. EACX128000039
KNOW ALL MEN BY THESE PRESENTS:
THAT we, Evans-Mason, Inc., 1021 S Grand Ave E,Springfield,IL 62703 as Principal,
and Endurance Assurance Corporation,4 Manhattanville Rd,Purchase,NY a corporation organized and doing
business and under and by virtue of the laws of the State of Delaware and duly
licensed to conduct surety business in the State of Iowa
as Surety, are held and firmly bound unto City of Dubuque,2200 Bunker Hill Road, Dubuque, 1A 52001
li
as Obligee,in the Sum of Eighty Two Thousand Two Hundred Eighty and Noll 00––—–------–----_-------------------- ,
__.�_._-___.___—
-----------------------
-----------––-----— ($82,280.00 —)Dollars,
for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors,
jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS,the above named Principal entered into an agreement or agreements with said Obligee to:
Mathias Ham House Masonry Rehabilitation Project,Architect's Project No. 1704
Dubuque, 1A
WHEREAS,said agreement provided that Principal shaft guarantee replacement and repair of improvements
as described therein for a period of two(2) year(s)following final acceptance of said improvements.
NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may
sustain by reason of any defective materials or workmanship which become apparent during the period
of two(2) year(s)from and after acceptance of the said improvements by Obligee,then this obligation
shall be void, otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal
and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact,this
26th day of April 2017
Year
Evans-Mason, lw.,,
Principal
BY.
L1&3Tr=V—�T#Plsom, meistvF—trr
Agent: ACORA Surety & insurance Services LLC Endurance Assurance Corporation
PO Box 506
Montevideo, MN 56625-
Ph:
6625Ph: 320-269-8546 BY:
Ronald Kaihoi Attorney-iii-Fact
ACKNOWLEDGMENT OF PRINCIPAL (Individual)
State of
County of }
On this day of , in the year ,before me
personally comes
to me known and known to me to be the rson who is described in and executed the foregoing instrument, and
acknowledges to me that he/she ex cuted the same.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
State of
County of
On this day of , in the year ,before me
I
personally come(s) j
a member of the co-partnership of
to me known and known to me to be the person who is described in and executed the foregoing instrument, and
acknowledges to me that he/she executed the same as the act and deed of the said co-partnership.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Corporation/LLC)
I;
State of I L.t,1 K1013
County of SAIAGN"Ai }
On this Z-7- day of AMI L-. , in the year Z®1-1 , before me personally come(s)
LESi`EZ T l,kpzotil , to me known, who being duly sworn, deposes and says that
he/she resides in the City of that he/she is the PZeSI pF-EN.1r of the
EQI - IS- WNSDA.j l��— , the corporation described in and
which executed the foregoing instrument, and that he/she signed his/her name thereto by like order.
Notary Public
t � (3rqCIAL SEAL
NOTARY PUBLIC, OF ILLINOIS
My Commission Expires Mar 24 2020
i
• Bond No. EACX128000039
ENDURANCE ASSURANCE CORPORATION
POAA000007682 128
POWER OF ATTORNEY
b
Xno[v affWen 6y there Present, that ENDURANCE ASSURANCE CORPORATION,a Delaware corporation(the"Corporation'),with offices at 4 Manhattanville Road,3rd
Floor,Purchase,NY 10577,has made,constituted and appointed and by these presents,does make,constitute and appointJACK ANDERSON,RONALD KAIHOI its true
and lawful Attorney(s)-in-fact,at MONTEVIDEO in the State of MN and each of them to have full power to act without the other or others,to make,execute and deliver on its
behalf,as Sure�uo�cb 3reYy Inds and undertakings given for any and all purposes,also to execute and deliver on its behalf as aforesaid renewals,extensions,agreements,waivers, qg
consents ori hpGI qn e uch(t�onds or undertakings provided,however,that no single bond or undertaking so made,executed and delivered shall obligate the Corporation N
for any o'oe p nq(Sum r reAf to cess of the sum of TEN MILLION Dollars($10,000,000). r
Such b anertakings d ��when duly executed by said attorney(s)-in-fact,shall be binding upon the Corporation as fully and to the same extent as if signed by
z
the Pr dent of the Corporation un i orate seal attested by its Corporate Secretary.
x
This appointment Is and bauth ty of certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on the 9th of January,2014,
a copy of which appeat -I "+ruder the hee ffg-'e
der
This PoweF4> 0mey I ted and sealsimIle under and by authority of the following resolution adopted by the Board of Directors of the Corporation by unanimous written
.consent on'J�1�1�tY 9 2014 and d.resolupon has not since been revoked,amended or repealed:
RESOLVED,tharang p� "of attorney pursuant to certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on January9,2014,
the signature of such, PedtoFS'"and officers and the seal of the Corporation maybe affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such
power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking to which it
is attached.
jl
This Power of Attorney shall expire and all authority hereunder shall terminate without notice at midnight(Standard Time where said attomey(s)-in-fact is authorized to act.)
December 7,2019
IN WITNESS WHEREOF,the Corporation has caused these presents to be duly signed and its corporate seal to be hereunto affixed and attested this 1 st day of March,2017 at
Purchase,New York.
I
(Corporate Seal) f ENDURANCE ASSURANCE CORPORATION
ATTEST a� x.tGs . AL2
_ By
MARIANNE L.WILBERT,SENIOR VICE PRESIDENT SHARON L.SIMS,SENIOR VICE PRESIDENT
STATE OF NEW YORK ss:PURCHASE
COUNTY OF WE§TQHESTE�
On the 1s1 day__ggf MarCl 209711efdrewme.;personally came SHARON L.SIMS,SENIOR VICE PRESIDENT to me known,who being by me duly sworn,did depose and say that(s)he
resides'In SG(SCH�Ihf JEWdL{$EYthat(s)he is a SENIOR VICE PRESIDENT of ENDURANCE ASSURANCE CORPORATION,the Corporation described in and which
exec,quffedt abov ih t men #`et(s li knows the seal of said Corporation;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board
of Drractot5.g said oRo I that s)he.,signed his(her)name thereto by like order, j
(Notarial feel)
T <
Lr
* = Nicholas James Benenati,Notary Public-My Commission Expires 12/07/2019
`p n CERTIFICATE
STATE OF NE*,Y ss:PURCHASE q
COUNTY OF WESTCI�ESTER
I,CHRISTOPHER DONELAN the PRESIDENT of ENDURANCE ASSURANCE CORPORATION,a Delaware Corporation(the"Corporation'),hereby certify:
1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked amended or modified;that the
undersigned has compared the foregoing copy thereof with the original power of attorney,and that the same Is a true and correct copy of the original power of attorney and of the
whole thereof;
2. The following are resolutions which were adopted by the Board of Directors of the Corporation by unanimous written consent on January9,2014 and said resolutions have not since
been revoked,amended or modified:
"RESOLVED,that each of the Individuals named below is authorized to make,execute,seal and deliver for and on behalf of the Corporation any and all bonds,undertakings or
obligations in su f eo-s$1ty�W�th others:
CHRISTOPHER DONELAN,SHARON L.SIMS,MARIANNE L.WILBERT
And belit-Allfthef�
RES,, ith a otP�o ea n 1 015 q above is authorized to appoint attomeys-in-fact for the purpose of making,executing,sealing and delivering bonds,undertakings or
obl': at pg :in surety or co-surety TO
it on pehsifof the Corporation."
3. T e gde'Signed, t taey certifies ttie e ai5ove resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof
r
IN WITNESS WHER. ereunto se 0,Jhand and affixed the corporate seal this 26th day of April 20 17
(Corporate 5
�.
CHRISTOPHER DONELAN,PRESIDENT
Any reproductions are void.
Primary Surety Claims Submission:surelybondclalms@enduranceservices.com
Surety Claims Hotline:877-676-7575
Mailing Address:Endurance Surely Claims Department,750 Third Avenue-10th Floor,New York,NY 10017
ACKNOWLEDGEMENT OF SURETY
STATE OF MINNESOTA
COUNTY OF CHIPPEWA
1
On this 26th day of April 2017 ,before me, a Notary Public within and for said
County,personally appeared Ronald Kaihoi to me personally known, who being by me duly
sworn he/she did say that he/she is the attorney-in-fact of Endurance Assurance Corporation ,
the corporation named in the foregoing instrument, and the seal affixed to said instrument is the
corporation seal of said corporation, and sealed on behalf of said corporation by authority of its
Board of Directors and said Ronald Kaihoi acknowledged said instrument to be the free act
and deed of said corporation.
J
1�6
d
TARY PUBLIC
My Commission Expires I�3il�p�p
REBECCA J.RISA
Notary Publio-Minnesota
My Commission Expires Jan 31,2020
_ SECTION 00610
Page 1 of 1
OUT-OF-STATE CONTRACTOR BOND
SECTION 00610
r
An out-of-state Contractor must either file a surety Bond, as provided in Iowa Code section 91 C.7,
with the Iowa Division of Labor Services in the amount of twenty-five thousand dollars ($25,000)
for a one (1) year period or must provide a statement to the Iowa Division of Labor Services that
the contractor is prequalified to Bid on projects for the Iowa Department of Transportation
pursuant to Iowa Code Section 314.1
An out-of-state Contractor, before commencing a contract in excess of five thousand dollars q
($5,000) in value of Iowa, must file a Bond with the Iowa Division of Labor Services of the Iowa
Department of Workforce Development. A Surety Bond filed pursuant to Iowa Code section 91 C.2
must be executed by a surety company authorized to do business in this state, and the Bond must
be continuous in nature until canceled by the Surety with not less than thirty (30) days; written
notice to the contractor and to the Division of Labor Services of the Iowa Department of Workforce '
Development in dictating the surety's desire to cancel the Bond. The Surety company is liable hi
under the Bond for any contract commenced 'after the cancellation of the Bond. The Bond must be
in the sum of the greater of the following:
(1) One thousand dollars ($1,000.00); or r
5
(2) Five percent (5%) of the contract price
An out-of-state Contractor may file a blanket Bond in an amount at least equal to fifty thousand G
dollars ($50,000) for a two (2) year period in lieu of filing an individual Bond for each Contract. The
Division of Labor Services of the Iowa Department of Workforce Development may increase the
Bond amount after a hearing. i
___= END OF SECTION 00610 =___
g
[Page Intentionally Left Blank]
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u
4
i
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Ii
ti
I;
1
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i.
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i
Contractor Registration
Iowa Division of Labor
1000 East Grand Avenue Registration number:
Des Moines, IA 50319-0209
Phone: 515-242-5871 Date received:
Fax: 515-725-2427
iowadivisionoflabor.gov/contractor-registration
contractor.registration@iwd.iowa.gov
i..
OUT-OF-STATE CONTRACTOR BOND FORM
EACX128000026 March 28, 2017
Bond Number Effective Bond Date:
u
. I
THAT Evans-Mason,Inc. of
1021 S Grand Ave E
(Principal) (Mailing address)
Springfield,IL 62703 , and Endurance Assurance Corporation
(City and State) (Surety)
are held and firmly bound unto the State of Iowa, Division of Labor as the holder in the penal sum of p
twenty-five thousand dollars ($25,000) lawful money of the United States, to the payment of which sum,
the Principal and Surety firmly bind themselves, their heirs, executors, successors, assigns and
administrators, jointly and severally.
This obligation arises because the Principal is an out-of-state contractor desiring to perform construction y
work in the State of Iowa. Iowa Code Chapter 91 C requires the Principal file this bond. k
w
The Principal shall pay all taxes, including contributions due under the unemployment compensation
insurance system, penalties, interest and related fees which may accrue to the State of Iowa, due to the
Principal's work in Iowa. This bond may be renewed by a Continuation Certificate.
This bond shall be continuous in nature until cancelled by the Surety with not less than thirty (30) days'
written notice to the Principal and to the Iowa Division of Labor, but shall not exceed the one (1) year
statutory period. This bond shall run concurrently with the annual term of the Principal's out-of-state
contractor registration pursuant to Iowa Code Chapter 91 C. u
The obligation of this bond shall be operative until released in the manner provided in Iowa Code
Chapter 91 C.
\ 28th March 17
Executed this day of , 20
Evans-M
�WW
cipal (signa e)
Endurance Assurance Corporation
Surety (signature) Ronald Kaihoi,Attorney-in-Fact
3gf�
tl
ACKNOWLEDGMENT OF PRINCIPAL (Individual)
State of
County of
On this day of , in the year , before me
personally comes
to me known and known to me to be the person o is described in and executed the foregoing instrument, and
acknowledges to me that he/she execute e same. u
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
i'
i
State of ti
County of
On this day of , in the year ,before me
a
personally come(s)
a member of the co-partnership of
to me known and known to me to be theson who is described in and executed the foregoing instrument, and
acknowledges to me that he/she exec ted the same as the act and deed of the said co-partnership.
Notary Public N
ti
ACKNOWLEDGMENT OF PRINCIPAL (Corporation/LLC)
State of I LL114615 t'
County of 56t16
On this &0 day of M�JQCA in the year 260-7 , before me personally come(s)
L eSn=—l
Bona No. EACX128000026
ENDURANCE ASSURANCE.CO.RPORATION
POAA000007640 128
POWER OF ATTORNEY
3
X ow affWen 6y these Tresent, that ENDURANCE ASSURANCE CORPORATION,a Delaware corporation(the"Corporation'),with offices at 4 Manhattanville Road,3rd
Floor,Purchase,NY 10577,has made,constituted and appointed and by these presents,does make,constitute and appoint JACK ANDERSON,RONALD KAIHOI its true
and lawful Attomey(s)-in-fact,at MONTEVIDEO in the State of MN and each of them to have full power to act without the other or others,to make,execute and deliver on its
behalf,as suretoro-s7lrety tfo�,d�s and undertakings given for any and all purposes,also to execute and deliver on its behalf as aforesaid renewals,extensions,agreements,waivers,
consents orsfipulLgrJsgFV9'fr tc lipprids or undertakings provided,however,that no single bond or undertaking so made,executed and delivered shall obligate the Corporation f
for any pdrh tl lhelr nal suMlhe k1 rpe�7 pess of the sum cf TEN MILLION Dollars($10,000,000). n
Such bor}S and uq8 rtakings to siid�ur .when duly executed by said attomey(s}in-fact,shall be binding upon the Corporation as fully and to the same extent as If signed by ryqH
the F�rpe�,.rdenI of the Corporation un its et ate seal attested by its Corporate Secretary,
+f ` �.'
This ap(ximtment tsane't�d r-and b"authtyAof certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on the9th of January,2014,
a copy of avhich appea beI,under the hegdtng entitled"Certificate"..
This Powet,ti# #)om>y it ned and sealed�ry facsimile under and by authority of the following resolution adopted by the Board of Directors of the Corporation by unanimous written
consent on it�nUa4y 9 2014 ands ild,resolutko has not since been revoked;amended or repealed:
RESOLVED,tFata ra °" e
iVJf�lggowers"of attorney pursuant to certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on January 9,2014,
the signature of suci�ir"e&9`6nd officers and the seal of the Corporation may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such
power of attomey or certificate bearing such facsimile signature or seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking to which it p
is attached.
This Power of Attomey shall expire and all authority hereunder shall terminate without notice at midnight(Standard Time where said attorney(s)-in-fact is authorized to act)
DecemberT 2019
IN WITNESS WHEREOF,the Corporation has caused these presents to be duly signed and its corporate seal to be hereunto affixed and attested this 1st day of March,2017 at
Purchase,New York. �I
I
(Corporate Seal ENDURANCE ASSURANCE CORPORATION
ATTESTBy
�r�Fa
MARIANNE L.WILBERT,SENIOR VICE PRESIDENT SHARON L.SIMS,SENIOR VICE PRESIDENT
STATE OF NEW YORK ss:PURCHASE
COUNTY OF WEE%TGHESTE'R „
.e
On the 1st day of lu(ffch,-'1y1bejore m°e,Pe sonally came SHARON L.SIMS,SENIOR VICE PRESIDENT tome known,who being by me duly sworn,did depose and say that(s)he
residesln SCOTCH p�C l3lff SS�NEW Af SEY that(s)he is a SENIOR VICE PRESIDENT of ENDURANCE ASSURANCE CORPORATION,the Corporation described in and which
executedr he above mit men hat(sJ e k Zws the seal of said Corporation;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board
of Drrectbrs.o9said,CorPorat o ark t(tat she signed his(her)name thereto by like order.
(Notanaf Seal) d s
3 � p
Nicholas James Benenati,Notary Public-My Commission Expires 1 2/0 71201 9
`3r n CERTIFICATE
A.
STATE OF NE1fJyORK 4` ss:PURCHASE
COUNTY OF WESTCI ESTER
I,CHRISTOPHER DONELAN the PRESIDENT of ENDURANCE ASSURANCE CORPORATION,a Delaware Corporation(the"Corporation'),hereby certify:
1.That the original power of attomey of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked,amended or modified;that the
undersigned has compared the foregoing copy thereof with the original power of attorney,and that the same is a true and correct copy of the original power of attorney and of the
whole thereof;
2.The following are resolutions which were adopted by the Board of Directors of the Corporation by unanimous written consent on January9,2014 and said resolutions have not since
been revoked,amended or modified:
'RESOLVED,that each of the Individuals named below is authorized to make,execute,seal and deliver for and on behalf of the Corporation any and all bonds,undertakings or
obligations in su(ty cas aretyrwatt others:
CHRISTOPHER DONELAN,SHARON L.SIMS,MARIANNE L.WILBERT
And be ftlrther� � ,x .- 9
RESO�C�p e ah o Ind uas above is authorized to appoint attome s-in-fact for the purpose of making,executing,sealing and delivering bonds,undertakings or
PPo Y P n9. 9 9 9 9
obligaho syih sty or co-surety forsi.�cy'grhehalf of the Corporation.'
3.Tl�m�9 a igned 7rth certdes thaT'the�oVe resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof
IN WITNESS WHE. QF e'hereunto�SeCinyhand and affixed the corporate seal this 28th day of March 20 17
(Corporate Seat
.',
" CHRISTOPHER DONELAN,PRESIDENT
Any reproductions are void.
Primary Surety Claims Submission:suretybondclaims@endurancese"iees.com
Surety Claims Hotline:877-676-7575
Mailing Address:Endurance Surety Claims Department,750 Third Avenue-10th Floor,New York,NY 10017
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ACKNOWLEDGEMENT OF SURETY
STATE OF MINNESOTA
COUNTY OF CHIPPEWA _ y
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On this 28th day of March 2017 ,before me, a Notary Public within and for said
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County,personally appeared Ronald Kaihoi to me personally known, who being by me duly
sworn he/she did say that he/she is the attorney-in-fact of Endurance Assurance Corporation ,
the corporation named in the foregoing instrument, and the seal affixed to said instrument is the 1
corporation seal of said corporation, and sealed on behalf of said corporation by authority of its ti
Board of Directors and said Ronald Kaihoi acknowledged said instrument to be the free act
and deed of said corporation.
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NOTARYPUBLIC IwoCARA L.ASELMy Commission Expires � �J a ) Naataryublic- innesotaMy Commission Expires Jart 31,221 s
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I 's CONTRACTOR REGISTRATION CERTIFICATE
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ORKRXE
STATE OF IOWA DATE ISSUED: 10/12/2016
D3
A , UO AI IT IOWA WORKFORCE DEVELOPMENT DATE EXPIRES: 10/12/2017
DIVISION OF LABOR SERVICES y
CONTRACTOR REGISTRATION REGISTRATION NUMBER: C118103
150'Des Moines Street u
Des-'Moines, IA`50319402.09
'hone (515)212—5,871
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EVANS MASONRY INC
1021 S GRAND AVE EAST
Michael A. Mauro, Commissioner
SPRINGFIELD, IL 62703
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Your certificate will be enforced for 1 year if you are in compliance with contractor registration,unemployment insurance,and worker's compensation regulations. J
Falsifying any records may result in revocation of your certificate,$500 civil penalty,and criminal prosecution.
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SECTION 00700
Page 1 of 6
INSURANCE PROVISIONS
SECTION 00700
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City of Dubuque Insurance Requirements for General, Artisan or Trade
Contractors, Subcontractors or Sub Subcontractors 4
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Insurance Schedule B
Class A: as�
Asbestos Removal Fiber Optics Sanitary Sewers
Asphalt Paving Fire Protection Sheet Metal
Concrete Fireproofing Site Utilities �!
Construction Managers, General Contractors Shoring r
Cranes HVAC Special Construction
Culverts Mechanical Steel P
Decking Paving & Surfacing Storm sewers
Demolition Piles & Caissons Structural Steel f
Deconstruction Plumbing Trails
Earthwork Reinforcement Tunneling
Electrical Retaining Walls Water main
Elevators Roofing
Class B: p
Chemical Spraying Masonry Stump Grinding p
Doors, Window & Glazing Vehicular Snow Removal Tank Coating Bi
Drywall Systems Painting & Wall Covering Tree Removal
Fertilizer Application Pest Control Tree Trimming
Finish Carpentry Scaffolding Tuckpointing
Geotech Boring Sidewalks Waterproofing
Insulation Plastering Well Drilling
Landscaping Rough Carpentry
Class C:
Carpet Cleaning General Cleaning Office Furnishings
Carpet & Resilient Flooring Grass Cutting Power Washing
Caulking & Sealants Janitorial Tile & Terrazzo Flooring
Acoustical Ceiling Non Vehicular Snow & Ice Window Washing R
Filter Cleaning Removal
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SECTION 00700
Page 2 of 6
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INSTRUCTIONS FOR INSURANCE SUBMITTAL:
1. Contractor shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for
the coverage required in Exhibit I prior to commencing any work and at the end of the
project if the term of work is longer than sixty (60) days. Providers presenting annual
certificates shall present a Certificate at the end of each project with the final billing. Each
Certificate shall be prepared on the most current ACORD form approved by the Iowa
Department of Insurance or an equivalent. The issued certificate must clearly indicate the
project number, project name, or project description for which it is being provided. For y
example: u
Project # 350-1212 Project Name: Mathias Ham House Masonry Rehabilitation Project.
2. All policies of insurance required hereunder shall be with a carrier authorized to do
business in Iowa and all carriers shall have a rating of A or better in the current A.M. Best's
Rating Guide.
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3. Each Certificate required shall be furnished to the City of Dubuque Leisure Services I�
Department.
4. Failure to provide minimum coverage'shall not be deemed a waiver of these requirements
by the City of Dubuque. Failure to obtain or maintain the required insurance shall be
considered a material breach of this Contract.
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5. Contractor shall require all subcontractor(s) and sub-subcontractor(s) to obtain and
maintain during the performance of work insurance for the coverages described in this
Insurance Schedule and shall obtain certificates of insurance from all such subcontractors
and sub-subcontractors. Contractor agrees that it shall be liable for the failure of a
subcontractor and sub-subcontractor to obtain and maintain such coverages. The City may
request a copy of such certificates from the Contractor.
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6. All required endorsements to various policies shall be attached to the Certificate of
Insurance. i
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7. Whenever an ISO form is referenced the current edition must be used.
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8. Provider shall be required to carry the minimum coverage/limits, or greater if required by
law or other legal agreement, in Exhibit I — Insurance Schedule B. If the provider's limit of
liability is higher than the required minimum limit then the provider's limit shall be this
agreement's required limit.
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SECTION 00700
Page 3of6
Exhibit
Insurance Schedule B
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $2,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
a) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form GC0001 or business
owners form BP0002. All deviations from the standard ISO commercial general ]
liability from CG0001, or business owners BP0002, shall be clearly identified.
b) Include ISO endorsement form CG 25 04 "Designated Location(s) General
Aggregate Limit" or CG 25 03 "Designated Construction Project (s) General j
Aggregate Limit" as appropriate.
c) Include endorsement indicating that coverage is primary and non-contributory.
d) Include endorsement to preserve Governmental Immunity. (Sample attached). hi
e) Include an endorsement that deletes any fellow employee exclusion.
f) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and k
their board members, employees and volunteers. Use ISO form CG 20 10. b
Ongoing operations.
g) All contractors shall include The City of Dubuque (per the above verbiage) as an R
additional insured for completed operations under ISO form CG 2037 during the
project term and for a period of two years after the completion of the project.
B) AUTOMOBILE LIABILITY $1,000,000 (Combined Single Limit)
C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease
as prescribed by Iowa Code Chapter 85.
Coverage A Statutory—State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
SECTION 00700
Page 4 of 6
Policy shall include an endorsement providing a waiver of subrogation to the City of
Dubuque. Coverage B limits shall be greater if required by Umbrella Carrier.
D) Umbrella Liability
Umbrella liability coverage must be at least the following form with the underlying
policies included herein.
All Class A and B contractors with prime and sub contract values in excess of
$10,000,000 must have an umbrella of$10,000,000.
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All Class A and Class B contractors with prime and sub contract values between
$500,000 and $10,000,000 must have an umbrella of$3,000,000.
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All Class A and B contractors with contract values less than $500,000 must have an
umbrella of$1,000,000.
All Class C contractors are not required to have an umbrella.
E) Pollution Liability— coverage required: yes no
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Pollution Liability coverage shall be provided by the prime/general contractor if project p
involves any pollution exposures including abatement of hazardous or contaminated ti
materials including, but not limited to, the removal of lead, asbestos, or PCB's. Pollution
product and complete operations coverage shall also be covered.
$2,000,000 each occurrence
$4,000,000 policy aggregate
a) Policy to include premises and transportation coverage.
b) Include additional insured as stated in Section A(e) above.
c) Include preservation of governmental immunity as stated in A(d) above.
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SECTION 00700
Page 5 of 6
F) Railroad Protective Liability— coverage required: yes Xno
Any Contract for construction or demolition work on or within Fifty feet (50') from
the edge of the tracks of a railroad and effecting any railroad bridge or trestle,
tracks, roadbeds, tunnel, underpass, or crossing for which an easement or license
or indemnification of the railroad is required, shall require evidence of the
following additional coverages.
Railroad Protective Liability:
$ each occurrence (per limits required by Railroad)
$ policy aggregate (per limits required by Railroad) I�
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An endorsement to the Commercial General Liability policy equal to ISO CG 2417
(Contractual Liability-Railroads). A copy of this endorsement shall be attached to the it
Certificate of Insurance.
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SECTION 00700
Page 6 of 6
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Preservation of Governmental Immunities Endorsement
1. Nonwaiver of Governmental 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 is now exists and as it may be
amended from time to time.
2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover d
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. Those claims not i
subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this
insurance policy.
3. Assertion of Governmental Immunity.7he City of Dubuque, Iowa shall be responsible for j
asserting any defense of governmental immunity, and may do so at any time and shall do so N
upon the timely written request of the insurance carrier.
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.
No Other Change in Policy. The above preservation of governmental immunities shall not
otherwise change or alter the coverage available under the policy.
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SPECIMEN
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END OF SECTION 00700
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SALES AND USE TAX EXEMPTION CERTIFICATE
SECTON 00750
The City of Dubuque, as a designated exempt entity awarding construction contracts, will issue
special exemption certificates to contractors and subcontractors, allowing them to purchase, or
withdraw from inventory, materials for the Contract free from sales tax pursuant to Iowa Code
Sections: 422.42 (15) & (16), and 422.47 (5). The special exemption certificate will also allow a
manufacturer of building materials to consume materials in the performance of a construction
contract without owing tax on the fabricated cost of those materials.
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1. These tax exemption certificates and authorization letters are applicable only for the
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work under the contract. The Contractor and each subcontractor shall comply with said !'
Iowa Code Sales Tax requirements, shall keep records identifying the materials and
supplies purchased and verify that they were used on the contract, and shall pay tax on d
any materials purchased tax-free and not used on the contract.
2. Upon award of Contract the City will register the Contract, Contractor, and each
subcontractor with the Iowa Department of Revenue and Finance; and distribute tax
exemption certificates and authorization letters to the Contractor and each �!
subcontractor.
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SECTON 00750
Page 2 of 6
PROJECT INFORMATION REQUIREMENTS FOR
STATE OF IOWA SALES TAX EXEMPTION CERTIFICATES
FOR CONTRACTORS & SUBCONTRACTORS
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Submitting Department: Leisure Services
Department Contact: Marie L.Ware
Project CIP Number(s): 350-1212
Please complete this form in its entirety and submit along with the executed Contract, Bonds and
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Certificate of Insurance. Upon receipt, the City Finance Department will work with the Iowa
Department of Revenue to issue Sales Tax Exemption Certificates to the approved contractor(s)
to allow for the purchase or inventory withdrawal of materials for the specified Project free from
State of Iowa Sales Tax.
Sales tax exemption certificates are not provided to material suppliers.
The Contractor and subcontractors can provide copies of the sales tax exemption certificates issued by the
City to individual material suppliers.
Project Name: Mathias Ham House Masonry Rehabilitation Project
Project Description.
II
Masonry Rehabilitation
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Start Date (Bid Opening Date): March 23, 2017
Final Completion Date: September 15, 2017
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1. General Prime Contractor: 1�, .lS-,Whsc)
Contact Name: PA41K WASW4
Complete Address: lo-z1b Axle ��°ST
(Include PO Box and Street Information) '
City, State, Zip Code SKZI�4G F'tE.L-r) [ L- 6-L-703
Telephone Number: Z.1'i- szz - 3354-
Federal
394Federal I.D. Number: �
(or Include Social Security Number) 3?+®�T 1/TcJ 3, I
�Z,
Work Type to be Completed:
jU�,p.S®tittZ.�
2. Subcontractor:
Complete Address: H
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
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3. Subcontractor:
Complete Address:
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(Include PO Box and Street Information) j 1
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
q
4. Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number: h
Federal I.D. Number: u
(or Include Social Security Number) 4
Work Type to be Completed:
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5. Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
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SECTON 00750
Page 4 of 6
6. Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
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7. Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
8. Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number) y
Work Type to be Completed:
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9• Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
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10. Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number: a
Federal I.D. Number:
(or Include Social Security Number)
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Work Type to be Completed:
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11. Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number: j
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
7,
12. Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number: b
(or Include Social Security Number)
Work Type to be Completed:
13. Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed: