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Improvement Contact/Bond_Hydro-Tech, Inc._Five Flags Theater 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 FIVE FLAGS THEATER MASONRY REHABILITATION AND FIRE ESCAPE PROJECT THiS IMPRO;,/EMENT CONT'?ACT (the Contract), made in triplicate, dated 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 Hydro-Tech, 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 Five Flags Theater Masonry Rehabilitation and Fire Escape Project (Project). 2. CONTRACT DOCUMENTS A. The Contract Documents consist of the following: 1. Project Title Page (Section 00100). ' 2. Project Directory Page (Section 00101). i� 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 _ , 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: Five Flags Theater Masonry Rehabilitation and Fire Escape 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). 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. q i. Insurance as required a +I ii. Performance, Payment and Maintenance Bond iii. I� 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). G There are no other Contract Document's. The Contract Documents may only be amended, !' modified, o.r 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. 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 redone to the satisfaction of the City at the sole cost and expense of the Contractor. 5. Five percent (5%) of the Contract price will be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Council to pay any claim by any party that may be filed for labor and materials done and furnished in 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 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. P I SECTION 00500 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, indemnify and hold harp i less City, Its officers 1and employees, -from I and against all claims, damages, losses and expenses claimed by third parties, but not including any claims, damages, losses or expenses of the parties to this Contract, including but not limited to attorneys' fees, arising out of or resulting from performance of this Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of Contractor, or anyone- directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 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 arra ngemcnt or Contract with any � other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or public officer any sum of money or anything 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 �I association which tends to or does lessen or destroy free competition in the award of this r 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%) q 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. { SECTION 00500 Page 4 of 6 C. Equipment or products authorized to be purchased with federal funding awarded for this Contract must be American-made to the maximum extent feasible, in accordance with Public Law 103-121, Sections 606(a) and (b). D. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department r of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in 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. CONSENT DECREE RELATING TO THE PROJECT z 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 CITY CONTRACTOR ti I THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE ti RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS h SECTION ARE NOT APPLICABLE. u The City has entered into a Consent Decree in the case of The United States of America, and the Y State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil i 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 httiD://www.citvofdubuaue.orq/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 of all documents, reports, data, records, or other information (including documents, records, or other 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 4 be maintained under the Consent Decree. At the conclusion of the information-retention period, the l 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 i United States or the State, the City must deliver any such documents, records, or other information to " the EPA or IDNR. CERTIFICATION BY CONTRACTOR N 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: I, 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- 5-1-1-09339, United States District Court for the Northern District of Iowa. I 2. All work performed will be in conformity with the provisions of the Consent Decree. i 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, w agents, or employees from and against any claims, including penalties, costs and fees as provided in the Consent Decree, relating to or arising out of the Contractor's failure to comply with the Consent Decree. CONTRACTOR: HYDRO TECH, INC. 1313 N. 300 W. Contractor LEHI, UT 34043 By: N Signature l-*:f_3 Printed Name Title 7 H Date 3 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 subjectlo the requirements of law, the City agrees to pay the Contractor as full CornnenSatinn fnr the CoMnlrl.ete performance of this Contract, the amount determined for d the total work completed at the price(s) stated in the Contractor's Bid Proposal and less any Agreed Cost of Delay provided for in the Contract Documents. CONTRACT AMOUNT $ 279,100.00 CITY OF DUBUQUE, IOWA: City Manager's Office Department By: Signature Michael C. Van Milligen Printed Name I City Manager Title C Y Date HYDRO TECH, INC. 1313 N. 300 W. CONTRACTOR: LEHI, UT 84043 Contractor By: Signature Printed Name Title Date ___= END OF SECTION 00500 =___ SECTION 00600 Page 1 of 4 PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 KNOW ALL BY THESE PRESENTS: a That we, Hydro-Tech, Inc., as Principal (hereinafter the "Contractor" or "Principal") and The Guarantee Company of North America USA, as Surety are held and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of Two hundred seventy nine thousand one hundred dollars ($279,100.00), lawful money of the United States for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Owner, bearing date the 3rd day of April, 2017, (hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following project in accordance with the Contract Documents, and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. The Contract Documents for Five Flags Theater Masonry Rehabilitation and Fire Escape Project. Project detail the following described improvements: u, The project is the masonry rehabilitation of Five Flags Theater and fire escape repairs. w It is expressly understood and agreed by the Contractor and Surety in this Bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: 1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract and Contract Documents, by reference made a part hereof, for the project, and shall indemnify and save harmless the Owner from all outlay and expense incurred by the Owner by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. I 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Owner is required to retain until completion of the improvement, but the ? Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the SECTION 00600 Page 2 of 4 obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract Documents within the period of two (2) year(s) from the date of acceptance of the work under the Contract, by reason of defects in workmanship, equipment installed, or materials used in construction of said work; i B. To keep all work in continuous good repair; and C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Owner all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. �I Contractor's and Surety's Contract herein made extends to defects in workmanship or materials not discovered or known to the Owner at the time such work was accepted. t 'i 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: n A. To consent without notice to any extension of time authorized in approved change orders to the Contractor in which to perform the Contract; ' I B. To consent without notice to any change in the Contract or Contract Documents, i authorized in approved change orders which thereby increases the total contract price y and the penal sum of this Bond, provided that all such changes do not, in the aggregate, involve an increase of more than twenty percent (20%) of the total contract price, and that this Bond shall then be released as to such excess increase; C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: D. That no provision of this Bond or of any other contract shall be valid that limits to less than five (5) years after the acceptance of the work under the Contract the right to sue on this Bond. SECTION 00600 Page 3 of 4 E. That as used herein, the phrase "all outlayand expense" is not to be limited in any v way, but shall include the actual and reasonable costs and expenses incurred by the Owner including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorney's fees (including overhead expenses of the Owner's staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner. It is intended the Contractor and Surety will defend and indemnify the Owner on all claims made against the Owner on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and p that the Owner will be fully indemnified so that it will be put into the position it would have been in had the,Contract been performed in the first instance as required. g In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change p orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Owner whole for all such outlay and expense,, , provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five percent (125%) of the penal sum of this Bond. l i In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner I to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner E hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Owner, by law. The Owner may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is t joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. SECTION 00600 Page 4 of 4 Project No. 350-1708 and 350-2511 Witness our hands, in triplicate, this 3rd day of April, 2017. SURETY COUNTERSIGNED BY: FORM APPROVED BY: a u Signature of Agent Representative for Owner Printed Name of Agent SURETY: Company Address � Surety Company l l City,State,Zip Code By. Signature Attorney-in-Fact Officer q Company Telephone Number Printed Name of Attorney-in-Fact Officer u PRINCIPAL: p Company Name Hydro-Tech, Inc. Contractor By: Company Address Signature City,State,Zip Code Printed Name Company Telephone Number n Title NOTE: 1. All signatures on this performance, payment, and maintenance Bond must be original signatures in ink, copies, facsimile, or electronic signatures will not be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. 3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. END OF SECTION 00600 d{I t f I SECTION 00610 Page 1 of 1 OUT-OF-STATE CONTRACTOR BOND SECTION 00610 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 ($5,000) in value of Iowa, must file a Bond with the Iowa Division of Labor Services of the Iowa I 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 w Development in dictating the surety's desire to cancel the Bond. The Surety company is liable 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 V r (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 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. b END OF SECTION 00610 1 [Page Intentionally Left Blank] a i i G f. li i h, 1 F 9 I p SECTION 00700 Page 1 of 6 INSURANCE PROVISIONS SECTION 00700 City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors a Insurance Schedule B I Class A: Asbestos Removal Fiber Optics Sanitary Sewers Asphalt Paving Fire Protection Sheet Metal Concrete Fireproofing Site Utilities Construction Managers General Contractors Shoring Cranes HVAC Special Construction h Culverts Mechanical Steel j Decking Paving & Surfacing Storm sewers Demolition Piles & Caissons Structural Steel Deconstruction Plumbing Trails Earthwork Reinforcement Tunneling Electrical Retaining Walls Water main u' Elevators Roofing � Class B: Chemical Spraying Masonry Stump Grinding Doors, Window & Glazing Vehicular Snow Removal Tank Coating 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 Filter Cleaning Removal s I SECTION 00700 Page 2 of 6 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 example: Project# 350-1708 and 350-2511 Project Name: Five Flags Theater Masonry Rehabilitation and Fire Escape 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. 3. Each Certificate required shall be furnished to the City of Dubuque Leisure Services Department. l 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. I 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 f and sub-subcontractors. Contractor agrees that it shall be liable for the failure of a 4 subcontractor and sub-subcontractor to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements to various policies shall be attached to the Certificate of Insurance. 7. Whenever an ISO form is referenced the current edition must be used. 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. SECTION 00700 Page 3 of 6 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 C00001, 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 u Aggregate Limit" as appropriate. l c) Include endorsement indicating that coverage is primary and non-contributory. d) Include endorsement to preserve Governmental Immunity. (Sample attached). 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 their board members, employees and volunteers. Use ISO form CG 20 10. Ongoing operations. g) All contractors shall include The City of Dubuque (per the above verbiage) as an 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. i 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 i 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 d policies included herein. F 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. 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. 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 Xno 4 Pollution Liability coverage shall be provided by the prime/general contractor if project involves any pollution exposures including abatement of hazardous or contaminated 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 u 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. R i P 1 f SECTION 00700 Page 5 of 6 F) Railroad Protective Liability— coverage required: yes no 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) OR 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 Certificate of Insurance. I I i SECTION 00700 Page 6 of 6 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 j 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 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 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. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. i 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. I No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. s . SPECIMEN I s END OF SECTION 00700 i SALES AND USE TAX EXEMPTION CERTIFICATE SECTON 00750 a The City of Dubuque, as a designated exempt entity awarding construction contracts, will issue " special exemption certificates to contractors and subcontractors. allowina 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. a 1. These tax exemption certificates and authorization letters are applicable only for the 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 any materials purchased tax-free and not used on the contract. h I 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. j d F i a I SECTON 00750 Page 2 of 6 , PROJECT INFORMATION REQUIREMENTS FOR STATE OF IOWA SALES TAX EXEMPTION CERTIFICATES g FOR CONTRACTORS & SUBCONTRACTORS I jubmitting Department: Leisure Services Department Contact: Marie L.Ware Project CIP Number(s): 350-1708 and 350-2511 Please complete this form in its entirety and submit along with the executed Contract, Bonds and i 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 j State of Iowa Sales Tax. a Sales tax exemption certificates are not provided to material suppliers. J The Contractor and subcontractors can provide copies of the sales tax exemption certificates issued by the City to individual material suppliers. Five Flags Theater Masonry Rehabilitation Project Name: and Fire Escape Project I Project Description: Masonry Rehabilitation � Start Date (Bid Opening Date): March 23, 2017 Final Completion Date: July 21, 2017 1. General Prime Contractor: '-- - �ci( Contact Name: R u S' a Complete Address: (Include PO Box and Street Information) City, State, Zip Code r C.f 9`/G 3 Telephone Number: e6 Federal I.D. Number: (or Include Social Security Number) / a yo Work Type to be Completed: i i i y N 2. Subcontractor: Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone Number: Federal I.D. Number: (or Include Social Security Number) 9 Work Type to be Completed: { y3. 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: 9 i. 4. Subcontractor: Complete Address: (Include PO Box and Street Information) City, State, Zip Code i Telephone Number: Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: 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: 4 I I SECTON 00750 Page 4of6 6. Subcontractor: Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone Number: Federal I.D. Number: a, (or Include Social Security Number) Work Type to be Completed: f 7. Subcontractor: i Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone Number: u Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: j 8. Subcontractor: Complete Address: (Include PO Box and Street Information) w City, State, Zip Code Telephone Number: Federal I.D. Number: V r; (or Include Social Security Number) p Work Type to be Completed: d 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: i i { a 10. Subcontractor: Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone Number: y Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: s J 11. Subcontractor: Complete Address: (Include PO Box and Street Information) j City, State, Zip Code Telephone Number: Federal I.D. Number: (or Include Social Security Number) i Work Type to be Completed: uuIII q 12. Subcontractor: 'I Complete Address: (Include PO Box and Street Information) City, State, Zip Code !fi Telephone Number: Federal I.D. Number: (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: v .0 too# SECTION 00600 Page 2 of 4 obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 1 MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract Documents within the period of two (2) year(s) from the date of acceptance of the work under the Contract, by reason of defects in workmanship, equipment installed, or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any 11 defects are remedied, and to repay the Owner all outlay and expense incurred as a result of Contractors and Surety's failure to remedy any defect as required by this section. Contractor's and Surety's Contract herein made extends to defects in workmanship or materials not discovered or known to the Owner at the time such work was accepted. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time authorized in approved change orders to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, authorized in approved change orders which thereby increases the total contract price and the penal sum of this Bond, provided that all such changes do not, in the aggregate, involve an increase of more than twenty percent (20%)of the total contract price, and that this Bond shall then be released as to such excess increase; C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: D. That no provision of this Bond or of any other contract shall be valid that limits to less than five (5) years after the acceptance of the work under the Contract the right to sue on this Bond. SECTION 00600 Page 3 of 4 E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Owner including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include{ nclude but{ ut not be limited to all contract or employee e X pe n s e, a III e q,.A,i p m entusage orrental, materials, I sting, outside exnerts, attorney's I I V %, W1 VA I Le I W%A 11 %, ^V -61 � V fees (including overhead expenses of the Owners staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner. It is intended the Contractor and Surety will defend and indemnify the Owner on all claims made against the Owner on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Owner will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Owner whole for all such outlay and expense, provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five percent (125%) of the penal sum of this Bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Owner, by law. The Owner may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. SECTION 00600 Page 4 of 4 Project No. 350-1708 and 350-2511 Witness our hands, in triplicate, this 3rd da of April, 2017. p Y SURETY COUNTERSIGNED BY: I FORM APP D BY: Signature of Agent Represent fve for Owner Printed Name of Agent SURETY: I Company Address The Guarantee Company of North America USA I SUretv,Q.Company City,State,Zi Code By: Y p S' tune Attom y-i -Fact Officer Company Telephone Number David T. Smedley,Attorney-in-Fact Printed Name of Attorney-in-Fact Officer i Ii PRINCIPAL: Leavitt Insurance &Central Bond Services, Inc. j Company Name Hydro-Tech, Inc. Contractor 6268 S. 900 E. Ste 250 y � By: Company Address j Signature Salt Lake City, Ut 84121 Ko,„, tom` City,State,Zip Code Printed Name (801)566-7272 Company Telephone Number j Title NOTE: I 1. All signatures on this performance, payment, and maintenance Bond must be original signatures in ink: codes, facsimile, or electronic signatures will not be accepted. 7 2. This Bond must be sealed with the Surety's raised, embossing Seal. . The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. ==== END OF SECTION 00600 =�= THE The Guarantee Company of North America USA iUA ANTE * Southfield,Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint j a David T. Smedley, Alan C. Anderson, Michael R. Vowles, Robyn B. Jensen, Danise Worwood, Brett Palmer Leavitt Insurance &Central Bond Services, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. i The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31St day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner— Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. i aa°rarce� IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 2nd day of October,2015. h a� THE GUARANTEE COMPANY OF NORTH AMERICA USA AMtiR1 STATE OF MICHIGAN Stephen C.Ruschak,President&Chief Operating Officer Randall Musselman,Secretary County of Oakland On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland $s My Commission Expires February 27,2018 Acting in Oakland County I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. F� €�0 IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 3rd day of April 2017 Randall Musselman,Secretary