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