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Improvement Contract_R&W Restoration_City Hall Tuck Pointing
init. Document Al 01TM I 07 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the 18 day of April in the year 2013 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Dubuque 50 West 13th Dubuque, Iowa 52001 Telephone Number: (563) 589 -4150 and the Contractor: (Name, legal status, address and other information) Randy Williams d /b /a R and W Restoration 862 Walker Street Dubuque, Iowa 52001 Telephone Number: for the following Project: (Nmne, location and detailed description) City of Dubuque -City Hall Masonry Rehabilitation Project 50 West 13`11 Street Dubuque, Iowa The Architect: (Name, legal status, address and other information) Jeffrey Morton, Architect, P.C. d /b /a Jeffrey Morton Associates 206 Bluff Street Dubuque, Iowa 52001 Telephone Number: (563) 585 -0043 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as wet as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA DocumentA201Tr^ -2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A101TM - 2007.. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. This document was produced by AIA software at 14:00:17 on 04/18/2013 under Order No.8110154366_1 which expires on 01/11/2014, and is not for resale. User Notes: (1113995617) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others, or as follows: As outlined in Exhibit 'C'. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. 1 (Paragraph deleted) If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than September .30, 2013 days from the date of commencement, or as follows: .) Portion of Work Substantial Completion Date AIA Document A101 TM - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. on 01/11/2014, and is not for resale. User Notes: (1113995617) This document was produced by AIA software at 14:00:17 on 04/18/2013 under Order No.81101543661 which expires Init. , subject to adjustments of this Contract Time as provided in the Contract Documents. (Paragraph deleted) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One hundred eight -nine thousand seven hundred fifty dollars ($ 189,750.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: No Alternates are included in this contract. § 4.3 Unit prices, if any: (Paragraph deleted) Item Price for Additional Tuckpointing Price for Additional Brick Replacement Price for Additional Limestone Sill Replacement § 4.4 Allowances included in the Contract Sum, if any: No allowances are included in this contract. Item Price Units and Limitations Price Per Unit ($0.00) Square foot of wall area $8.00 Square foot of wall area $80.00 Each window sill $850.00 ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 5th day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the last day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than 45 (days after the Architect receives the Application for Payment. § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: AIA Document A101M — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. This document was produced by AIA software at 14 :00:17 on 04/18/2013 under Order No,8110154366_1 which expires on 01/11/2014, and is not for resale. User Notes: (1113995617) Init. .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent ( 5 %). Pending fmal deteiiuination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201TM -2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent ( 5 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of 95% of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims. (Paragraphs deleted) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201 -2007. § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 -2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment. ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (Paragraph deleted) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 -2007, the method of binding dispute resolution shall be as follows: [ X ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 AIA Document Al 01 TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. This document was produced by AIA software at 14:00:17 on 04/18/2013 under Order No,8110154366_1 which expires on 01/11/2014, and is not for resale. User Notes: (1113995617) Init. Litigation in a court of competent jurisdiction Other ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201 -2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 9 % [nine percent] Per Annum § 8.3 The Owner's representative: Rich Russell, Building Services Manager City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 Telephone Number: (563) 589 -4152 § 8.4 The Contractor's representative: Randy Williams R and W Restoration 862 Walker Street Dubuque, Iowa Telephone Number: (563) 543-4887 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101 -2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201 -2007, General Conditions of the Contract for Construction. AIA Document Al 01TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. This document was produced by AIA software at 14:00:17 on 04/18/2013 under Order No.81101543661 which expires on 01/11/2014, and is not for resale. User Notes: (1113995617) (Paragraph deleted) (Table deleted) § 9.1.4 The Specifications: Refer to attached Exhibit C (Project Manual Table of Contents) § 9.1.5 The Drawings: Number Title Date A100 Title, Rehabilitation Site 28 January 2013 Plan, Drawing Certification, Drawing Index A300 North Rehabilitation 28 January 2013 Elevation A301 South Rehabilitation 28 January 2013 Elevation A302 East and West 28 January 2013 Rehabilitation Elevations § 9.1.6 The Addenda, if any: Number Date Pages Addendum No. 1 19 February 2013 2 of 2 (and Attachments) Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: (Paragraphs deleted) .2 Other documents, if any, listed below: Exhibit A — Invoicing Procedures Exhibit B — City of Dubuque Insurance Schedule B Exhibit C -- Project Manual Table of Contents Exhibit D -- City of Dubuque Public Improvement Contract ( "Agreement A")' ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in the Project Specification Manual dated 28 January 2013 AIA Document Al 01 TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American init. Institute of Architects. All rights reserved. This document was produced by AIA software at 14:00:17 on 04/18/2013 under Order No.8110154366_1 which expires on 01/11/2014, and is not for resale. User Notes: (1113995617) Init. This Agreement entered into as of the day and year first written above. OWNER (Signature) City of Dubuque, Michael Van Milligen, City Manager R and W Restoration, Randy Williams, Owner CONTRACTOR ( Signature) (Printed name and title) (Printed name and title) AIA Document A101 TM - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. This document was produced by AIA software at 14:00:17 on 04/18/2013 under Order No.8110154366_1 which expires on 01/11/2014, and is not for resale. User Notes: (1113995617) EXHIBIT A CONTRACTORS: • Schedule Of Values shall be submitted using CSI numbers identified in Article 2 of the Contract Agreement. ® Invoices must be received on or before the 5`h day of each month. ® Submit invoicing to: Jeffrey Morton Associates ATTN: Jeffrey Morton, Architect 206 Bluff Street Dubuque, IA 52001 All invoices shall be prepared on AIA Form G732, G703, & Supplement Sheet (pale 3). Submit two (2) signed & notarized copies. Lien Waivers: 1st Application: Provide conditional Lien Waivers from all Suppliers of materials & services over $1,000 in value. Succeeding Applications: (1) Provide Lien Waiver for previous payment made. (2) Provide Lien Waivers from all Suppliers for materials & services over $1,000 in value. ® Retainage = 5% (refer to Article 5.6.1) MATERIAL SUPPLIERS: ♦ Provide two (2) invoice copies. ♦ Invoices must be received on or before the 5`h day of each month. ® Submit invoicing to: Jeffrey Morton Associates ATTN: Jeffrey Morton, Architect 206 Bluff Street Dubuque, IA 52001 ® Lien Waivers: (not required for Purchase Orders with a value of less than $1,000) 1st Application: Lien Waiver is not required. Succeeding Applications: (1) Provide Lien Waivers for previous payment (for Purchase Orders with a value greater than $1,000). Jeffrey Morton Associates Invoicing Procedures City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, SuocsntractOrs or Sub Subcontractors Class A: Cass B: Class C: Concrete Decking Demolition Earthwork Electrical Insurance Schedul B Elevators Fiber Optics Fire Protection Fireproofing HVAC Chemical Spraying Deconstruction Doors, Window &Glazing Drywall Systems Fertilizer Application Acoustical Carpet & Resilient Flooring Caulking & Sealants General Cleaning Paving & Surfacing Sheet Metal Piles & Caissons Site Utilities Plumbing Special construction Reinforcement Steel Roofing Structural Steel Finish Carpentry Landscaping Painting & Wall Covering Pest Control Plastering Grass Cutting Janitorial Non Vehicular Snow & Ice Removal Rough Carpentry Stump Grinding Tree Trimming Waterproofing Office Furnishings Power Washing Tile & Terrazzo Flooring Window Washing 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 work and at the end of the project if the term of work is longer than 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. 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 shall be furnished to the contracting department of the City of Dubuque. 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 agreement. 5. Subcontractors and sub subcontractor performing work or service shall provide a Certificate of Insurance in accord with their respective classification to their contractor. 6. All required endorsements to various policies shall be attached to Certificate of insurance. 7. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the provider identifying and listing in writing all deviations and exclusions that differ from the ISO form. 8. Provider shall be required to carry the minimum coverage /limits, or greater if required by law or other legal agreement, in Exhibit I. Page 1 of 4 Schedule B, General, Artisan Or Trade Contractors, Subcontractors Or Sub Subcontractors October, 2012.Doc City of Dubuque insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors insurance Schedule B (continued) Exhibit 1 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. All deviations from the standard I50 commercial general liability form CG 0001, or Business owners form BP 0002, 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 Aggregate Limit" as appropriate. c) Include endorsement indicating that coverage is primary and non - contributory. d) Include endorsement to preserve Governmental Immunity. (Sample attached). e) 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. using ISO form CG 20 10. Ongoing operations. f) 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. B) AUTOMOBILE LIABILITY $1,000,000 (Combined Single Limit) C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Coverage A Coverage B Statutory —State of Iowa Employers Liability Each Accident $100,000 Each Employee- Disease $100,000 Policy Limit - Disease $500,000 a) Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. b) Coverage B limits shall be greater if required by Umbrella Carrier. D) Umbrella Liability Class A $10,000.000 Class A $3,000,000 Class B $1,000,000 Class C -0- (General Contractor) (other Sub - Contractors) Page 2 of 4 Schedule B, General, Artisan Or Trade Contractors, Subcontractors Or Sub Subcontractors October, 2012.Doc City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors E) Railroad Protective Liability Any agreement for construction or demolition work on or within 50 feet of a railroad, for which an easement or license or indemnification of the railroad is required, shall require evidence of the following additional coverages. Railroad Protective Liability: Per limits required by Railroad or Iowa DOT. 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. Page 3 of 4 Schedule B, General, Artisan Or Trade Contractors, Subcontractors Or Sub Subcontractors October, 2012.Doc City of Dubuque insurance Requirements for General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors reserva n of Governmental 1 unities Endorsement 1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover 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 Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. Page 4 of 4 Schedule 8, General, Artisan Or Trade Contractors, Subcontractors Or Sub Subcontractors October, 2012.Doc SECTION 00520 CONTRACTFORM -3 Rev. 05/10 EXHIBIT D CITY OF DUBUQUE, IOWA PUBLIC IMPROVEMENT CONTRACT ("Agreement A ") City Hall Masonry Rehabilitation Project 50 West 13th Street Dubuque, Iowa THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the 18th day of April, 2013, between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City) and (Insert Contractors Name) of the City of (Insert Contractors Address City, State). 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 City of Dubuque, Iowa - -City Hall Masonry Rehabilitation Project (the Project). The Project shall be constructed in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque, and in accordance with the Contract Documents. 2. Contract Documents shall mean and include the following: This Public Improvement Contract, the Performance Payment, Maintenance Bond, and all ordinances and resolutions heretofore adopted by the City Council having to do with the Project; the Notice to Bidders; the Contractor's Proposal; and the Plans, Specifications, General Requirements in the Construction Documents Manual for the Project, and the attached AIA Document A101 -2007 (Agreement B) 3. All materials used by the Contractor in the Project shall be of the quality required by the Contract Documents and shall be put in place in accordance with the Contract Documents. 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. Page 1 of 4 SECTION 00520 CCNTRACTFORM ®3 Rev. 05/10 5. Five percent (5 %) of the Contract price shall 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 that may be filed within said time 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 time, as provided in Iowa Code Chapter 573 or Iowa Code Chapter 26. The City shall 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 shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. The Contractor has read and understands the Contract Documents herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions for the Project. 7 In addition to any guarantee provided for in the specifications, the Contractor shall also make good any other defect in any part of the Project due to improper construction notwithstanding the fact that said Project may have been accepted and fully paid for by the City, and the Contractor's maintenance bond shall be security therefore for a period of two years after the date of substantial completion. The Contractor shall fully complete the Project under this Contract on or before the date indicated in the Construction Schedule and Agreed Damages Section of the Contract Documents. 9. To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the City and its officers, commissioners, employees, agents, servants or representatives from and against all claims, demands, damages, liabilities, losses, expenses, actions, judgments or execution of third parties of any kind or nature whatsoever, including but not limited to attorneys' fees, arising out of or resulting from performance of the 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 (other than the Project itself) including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. The Contractor will be given prompt notice of any claims for which the indemnification will be sought, and will be given full and complete cooperation from the City in the defense or settlement of all Page 2 of 4 SECTION 00520 CONTRACTFOR'M -3 Rev. 05/10 such claims, and will be given full authority in the defense of any such claims, with the exception of claims which relate to the City reimbursement responsibilities. Neither party will have the authority to bind the other to any settlement without such party's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. 10. The Contractor hereby represents and guarantees that it has not, nor has any other person for or in its behalf, directly or indirectly, entered into any arrangement or agreement 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 agreement or arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the award of this Contract and agrees that in case it hereafter be established that such representations or guarantees, or any of them are false, it will forfeit and pay not less than ten percent (10 %) of the Contract price but in no event be less than $2,000.00 (Two Thousand Dollars) to the City. 11. The surety on the bond furnished for this Contract, shall 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 shall be 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 years. 13. The City of Dubuque and the Contractor agree to comply with 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 shall 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). The City of Dubuque and the Contractor agree that 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). 14. The Contractor will obtain and maintain insurance for the duration of the Project as set forth in the attached Insurance Schedule B (Exhibit B) and will provide a certificate of insurance to the City at the execution of this Contract. Page 3 of 4 SECTION 00520 CONTRACTFORM -3 Rev. 05/10 15. This Contract may be terminated by either party hereto, without cause, upon ten (10) days written notice to the other party. Upon termination, all obligations of the parties under this Contract will cease, except that City will pay Contractor for the work completed through the date of termination. 16. The attached AIA Document A101 -2007 ( "Agreement B ") shall be considered as part of this Contract. CITY OF DUBUQUE, IOWA By City Manager CONTRACTOR: By Randy Williams d /b /a R and W Restoration Contractor Signature Owner Title CERTIFICATE OF CITY CLERK This is to certify that a certified copy of the above Contract has been filed in my office on the ;'�� -' day of ri'; %, 1 , 20 //-2). ,. , ✓ 7 Kevin Firnstahl, City Clek' THE CITY AGREES: 17. Upon the completion of the Contract, and the acceptance of the Project by the City Council, the City agrees to pay the Contractor as full compensation for the complete performance of this Contract, the amount determined for the total work completed at the prices stated in the Contractor's Proposal and less any liquidated damages provided for in the Contract Documents. The number of any units stated in the plans and specifications is approximate only and the final payment shall be made by the work covered by the Contract. CONTRACT AMOUNT $ 189,750.00 (One hundred eighty -nine thousand seven hundred fifty dollars) ___ ®® END OF SECTION 005200 = Page 4of4 A CO R ,E) CERT o CAT OF L] I, INSURANCE DATE (MMIDD /YYYY) 04/24/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Urbain Insurance Group 9165 E Tamarack Dr Dubuque, IA 52003 CONTACT Urbain, Rick M NAME: (NC HO NE 563-583-7722 jAC,No): 866-843-6317 E -MAIL ADDRESS: rmurbain @uainsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Midwest Family Mutual X INSURED 563 -585 -1956 Williams, Randy DBA R &W Restoration 862 Walker St Dubuque, IA 52001 INSURERS: 07/02/2012 INSURERC: EACH OCCURRENCE INSURER D: TO RS(aENTED PREEMIMI ESES (Ea occurrence) P INSURER E : MED EXP (Any one person) INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF (MM /DD1YYYY) POLICY EXP IMMIDD /YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X X ACIA0560082252 07/02/2012 07/02/2013 EACH OCCURRENCE S 1, 000, 000 TO RS(aENTED PREEMIMI ESES (Ea occurrence) P 5 MED EXP (Any one person) 3 5, 000 CLAIMS -MADE X OCCUR PERSONAL &ADVINJURY $ 1, 000, 000 GENERAL AGGREGATE $ 2, 000, 000 PRODUCTS - COMP /OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: i POLICY I X 7p8: LOC 0 A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X x SCHEDULED AUTOS NON -OWNED AUTOS v 1 CAIA0560094038 02/21/2013 07/02/2013 COMBINED SINGLE LIMIT (Ea accident) 1 000 000 $ i BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUTA04242013 04/24/2013 04/24/2014 EACH OCCURRENCE S 1,000,000 AGGREGATE S 1, 000, 000 $ DED 1 X RETENTON$10, 000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY EXCLUDEE?ECUTIVE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YYN N/A X WCIA0560089850 07/02/2012 07/02/2013 X I WC STATU- TORY LIMITS 1OTH- i ER E.L EACH ACCIDENT $ 100, 000 E.L. DISEASE - EA EMPLOYEE $ 100, 000 E.L. DISEASE - POLICY LIMIT $ 500, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Dubuque including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and /or authorities and their board members, employees and volunteers are an additional insured on General Liability Policies incl. Ongoing & Completed Operations coverage equivilant to ISO CG 2010 0704 & CG 2037 0704. General Liability policy is Primary & Non- contributing form CG 2503 0397, "Designated Projects" General Liability Aggregate Limit shall be incl. Waiver of Subrogation in favor of City of Dubuque on Workers Compensation. All policies shall be endorsed to provide 30 days advance notice of cancellation. - PROJECT: Masonry Rehabilitation Project CERTIFICATE HOLDER CANCELLATION City of Dubuque City Hall 50 W 13th St Dubuque, IA 52001 563 -509 -4205 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE A '1--.J01-y- \ RICK M URBAIN © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD dwes ual insuring Midwest Values Since 1891 INSURANCE IVIIDWEST FAMILY MUTUAL COMPANY Commercial Summary Page PART B DECLARATION PAGE PuBOX 9425 Minneapolis, mm55440-9425 DB POLICY NUMBER ACZA0560082252 POLICY PERIOD FROM TO aoT 07/02/12 07/02/13 12.01 AM STANDARD TIME 06713 NAMED INSURED AND ADDRESS R & W RESTORATION RANDY WILLIAMS DBA: 862 WALKER ST DUBUQUE, IA 520O1 URBAIN & ASSOCIATES LLC 9185 E TAMARACK DR DUBUQUE, IA 52003 Phone: (563) 583-7722 05 Business Description: CONTRACTOR Form of Business: Individual COVERAGE SUMMARY THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS/POLICIES FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT OR FINAL AUDIT. COVERAGE PART/POLICY ATTACHED Artisan Contractor END OF SUMMARY DECLARATIONS IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THE COVERAGE PARTS/POLICIES ATTACHED, WE AGREE WITH YOU TO PROVIDE THE INSURANCE DESCRIBED THEREIN. PAGE 1 Idwes [Rua/ Insuring Midwest Values Since 1891 MIDWEST FAMILY MUTUAL DISURANCE COMPANY P.O. BOX 9425 Minne- apolis, MN 55440 -94 25 PART B DECLARATION PAGE Artisan Contractor DB POLICY .NUMBER .._,. FROM POLICY PERIOD'. TO ACIA0560082252 07/02/12 07/02/13 12.01 AM STANDARD TIME AGENT 06713 NAMED - INSURED ANDADDRESS AGENT. R & W RESTORATION RANDY WILLIAMS DBA: 862 WALKER ST DUBUQUE, IA 52001 URBAIN & ASSOCIATES LLC 9165 E TAMARACK DR DUBUQUE, IA 52003 Phone: (563) 583 -7722 05 'X' IF SUPPLEMENTAL DECLARATION X SUPPLEMENTAL DECLARATION Business Description: Masons Form of Business: Individual In return for the payment of the premium and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. DESCRIBED PREMISES Premises No. Bldg. No. Location Mortgage Holder Name and Address Forms Applicable: Special SEE ATTACHED SUPPLEMENTAL DECLARATIONS SEE ATTACHED SCHEDULE PROPERTY PREM. NO. BLDG. NO. PRENI. NO. BLDG. NO. PREM. NO. BLDG. NO. SEE ATTACHED SUPPLEMENTAL DECLARATIONS Deductible $ SEE ATTACHED SUPPLEMENTAL DECLARATIONS OPTIONAL COVERAGES SEE ATTACHED SUPPLEMENTAL DECLARATIONS LIABILITY AND MEDICAL PAYMENTS Except for Fire Legal Liability, each paid claim for the following coverages reduces the amount of insurance we provide during the applicable annual period. Please refer to paragraph D.4. of the Businessowners Liability Coverage Form. Liability Products /Completed Operations Liability Medical Expense Fire Legal Liability Deductible (Property Damage Liability) FORMS AND ENDORSEMENTS: Limits of Insurance $1,000,000/$2,000,000 Aggregate $1,000,000 Occurrence/ $2,000,000 Aggregate $5,000 per person $50,000 any one fire or explosion NONE SEE ATTACHED SCHEDULE During the past three years no insurer has canceled any otherwise stated herein. nsurance issued to the name insured, similar to that afforded hereunder, unless THESE DECLARATIONS, TOGETHER WITH THE COVERAGE FORM(S), COMMON POLICY CONDITIONS AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. Includes copyright material of Insurance Service Office Inc., with its permission. Copyright Insurance Nerdce Inc_, 1984, 1985 PAGE 1 Amendatory Endorsement MFi'"1 ML1 04 -05 MIDWEST FAMILY MUTUAL INSURANCE CO POLICY NUMBER: ACIA0560082252 ISSUED TO: City of Dubuque IT IS FURTHER AGREED THAT SUCH INSURANCE AS IS AFFORDED R& W Restoration Randy Williams DBA:, ITS AFFILIATES AND SUBSIDIARIES SHALL BE PRIMARY AND NON - CONTRIBUTORY WITH ANY OTHER INSURANCE IN FORCE OR WHICH MAY BE PURCHASED BY 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 Amendatory Endorsement NUM ML2 04 -05 MIDWEST FAMILY MUTUAL INSURANCE COMPANY INSURED: R & W Restoration Randy Williams DBA: POLICY NUMBER: ACIA0560082252 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: ARTISAN CONTRACTORS Common Policy Conditions Schedule Name of Person or Organization: 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 Location, Job or Proj ect : Masonry Rehabilitation Project (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products- completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. Amendatory Endorsement M 'il' ML3 04 -05 MIDWEST FAMILY MUTUAL INSURANCE COMPANY INSURED: R & W Restoration Randy Williams DBA: POLICY NUMBER: ACIA0560082252 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability arising out of your ongoing operations preformed for that insured. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: 2. Exclusions This insurance does not apply to a. "Bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b, "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Amendatory Endorsement MEV TY L4 04 -05 MIDWEST FAMILY MUTUAL INSURANCE COMPANY INSURED: R & W Restoration Randy Williams DBA: POLICY NUMBER : ACIA0560082252 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. REGARDING FORM NUMBER MFMIL004 0710 CANCELLATION: NUMBER OF DAYS NOTICE: 30 WHEN WE DO NOT RENEW (Nonrenewal) NUMBER OF DAYS NOTICE: 63 NAME AND ADDRESS: 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 Amendatory Endorsement fvIFM ML10 04 -05 MIDWEST FAMILY MUTUAL INSURANCE CO POLICY NUMBER : R & W Restoration Randy Williams DBA: ISSUED TO: ACIA0560082252 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CITY OF DUBUQUE, IOWA 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 & City of Elkader, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa & City of Elkader 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 COVERNMENT IMMUNITY. The City of Dubuque, Iowa & City of Elkader 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. 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 & the City of Elkader 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 & the City of Elkader. NO OTHER CHANGE IN POLICY. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. NCCI # 33928 iduiest / 5/,8' usual Insuring Midwest Values Since 1891 MIDWEST FAMILY MUTUAL INSTANCE COMPANY P.O. BOX 9425 Minneapolis, MN 55440 -9425 PART B DECLARATION PAGE Workers Compensation New Business Declarations .. _. POLICY NUMBER WCIA0560089850 FROM 07/02/12 POLICY PERIOD TO AGENT 07/02/13 12:01 AM STANDARD TIME 06713 NAMEDINS'URED AND ADDRESS AGENT RANDY WILLIAMS DBA R &W RESTORATION 862 WALKER ST DUBUQUE, IA 52001 URBAIN & ASSOCIATES LLC 9165 E TAMARACK DR DUBUQUE, IA 52003 Phone: (563) 583 -7722 05 FED. EMP. I.D. NO.: 48- 5806128 Form of Business: Individual COVERAGE — ITEM 3: A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here, Iowa B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3A. The limits of our liability under Part Two are: Bodily Injury by Accident $100,000 each accident Bodily Injury by Disease $500,000 policy limit Bodily Injury by Disease $100,000 each employee C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: All States EXCEPT North Dakota, Ohio, Wyoming and Washington. D. This policy includes these endorsements and schedules. SEE SCHEDULE ATTACHED PREMIUM — ITEM 4: The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All information required below is subject to verification and change by audit. Classification Code No. Premium Basis Total Estimated Annual Remuneration Rates Per $100 of Remuneration Estimated Annual Premium SEE SCHEDULE ATTACHED Copyriont 1937 National Council on Compensation Incurunce VVC 00 00 01A (Standard) PAGE 1 Amendatory Endorsement MEN' TyML1 04 -05 MIDWEST FAMILY MUTUAL INSURANCE CO POLICY NUMBER: WCIA0560089850 ISSUED TO: R & W Restoration Randy Williams DBA: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: Business owners Common Policy Conditions Schedule Name of Person or Organization: City of Dubuque Location, Job or Project: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CNA Performance Bond CONTRACTOR: (Name, legal status and address) Randy Williams dba REM Restoration Sole Proprietorship 862 Walker St., Dubu ue, IA 52001 OWNER: (Name, legal status and address) City of Dubuque Governmental Entity Ps Engineering Dept., 50 W. 13th St., Dubuque, IA 52001 CONSTRUCTION CONTRACT Date: April 18, 2013 One Hundred Eighty -Nine Thousand Seven Amount: 00/100 $189,750.00 Description: (Name and location) City of Dubuque -City Hall Masonry Rehabilitation 50 West 13th Street Dubuque, IA 52001 BOND Date: April 24, 2013 (Not earlier than Construction Contract Date) Bond No. 71405844 SURETY: (Name, legal status and principal place of business) WESTERN SURETY COMPANY South Dakota Corporation 333 South Wabash Avenue 41st Floor This document has important legal Chicago, IL 60604 consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Hundred Fifty and Project One Hundred Eighty -Nine Thousand Seven Hundred Fifty and Amount: 00/100 $189,750.00 Modifications to this Bond: IX None See Section 16 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312 -2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Randy Williams dba R &W Restoration WESTERN SURETY COMPANY Signature: Name and Title: (Any addi.tion.al signs Signature: . (Corporate Seal) ° Name RICK MyURBAIN and Title: ures appear on tha last page of this Performance Bond.) (FOR INFORMATION ONLY — Narne, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: URBAIN & ASSOCIATES, LLC (Architect, Engineer or other party:) 9151 TAMARACK DR., BLDG. 1 DUBUQUE, IA 52003 (563) 583 -7722 Jeffrey Morton, Architect, P.C. dba Jeffrey Morton Associates 206 Bluff Street Dubuque, IA 52001 (563) 585 -0043 Attorney -in -Fact Printed in cooperation with the American Institute of Architects (111,4). The language in this document conforms to the language used in AIA Document A312 - Performance Bond - 2010 Edition. § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result. of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § P If the Surety does not. proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Printed in cooperation with the American Institute of Architects (41,4). The language in this document conforms to the language used in A/A Document A312 - Performance Bond - 2010 Edition. 2 § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of' defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to thc Owner or others for obligations of thc Contractor that arc unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms to the language used in AlA Document A312 - Performance Bond - 2010 Edition. 3 § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Nance and Title: Address Address Printed in cooperation with the American Institute of Architects (A/A). The language in this document conforms to the language used in A!A Document A312 - Performance Bond - 2010 Edition. 4 CNA Payment Bone CONT CTOR: (Name, legal status and address) Randy Williams dha R &W Restoration Sole Proprietorship 862 Walker St., Dubuque, IA 52001 OWNER: (Name, legal status and address) City of Dubuque Governmental Entity Engineering Dept., 50 W. 13th St., Dubuque, IA 52001 CONSTRUCTION CONTRACT Date: April 18, 2013 One Hundred Eighty -Nine Thousand Seven Amount: 00/100 $189,750.00 Description: (Name and location) City of Dubuque -City Hall Masonry Rehabilitation 50 West 13th Street Dubuque, IA 52001 BOND Date: April 24, 2013 (Not earlier than Construction Contract Date) Bond No 71405844 SURETY: (Name, legal status and principal place of business) WESTERN SURETY COMPANY South Dakota Corporation 333 South Wabash Avenue 41st Floor This document has important legal Chicago, IL 60604 consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Hundred Fifty and Project One Hundred Eighty -brine Thousand Seven Hundred Fifty and Amount: 00/100 $189,750.00 Modifications to this Bond: II® None Il See Section 18 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312 -2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Randy Williams dba R &W Restoration WESTERN SURETY COMPANY Signature: Naive and Title: Signature: Name RICK M URBAIN and Title: (Corporate Seal) (Any additional signatures appear on the Last page of this Payment Bond.) (FOR INFORMATION ONLY — AGENT or BROKER: URBAIN & ASSOCIATES, LLC Name, 9151 TAMARACK DR., BLDG. 1 DUBUQUE, IA 52003 (563) 583 -7722 address and telephone) OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) Jeffrey Morton, Architect, P.C. dba Jeffrey Morton Associates 206 Bluff Street Dubuque, IA 52001 (563) 585 -0043 Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms to the language used in AIA Document A312 - Payment Bond - 2010 Edition. 5 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non - payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non - payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms to the language used in AIA Document A312 - Payment Bond - 2010 Edition. 8 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall he sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without. limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms to the language used in AIA Document A312 - Payment Bond - 2010 Edition. 7 § 16.1 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address Printed in cooperation with the American institute of Architects (AA). The language in this document conforms to the language used in AM Document A312 - Payment Bond -2010 Edition. 8 extern Lire o any POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71405844 Brow All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company "), does by these presents make, constitute and appoint RICK M URBAIN its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Randy Williams dba R &W Restoration Obligee: City of Dubuque Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confir-rning all that the said attorney(s) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of November 1 2013 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its corporate seq. pb,affixed this 24th day of April 2013 ST OF QLJTI °l t PA COUNT 'VVIA SS WEST SURE COMPANY Paul T.;.ruflat, Vice President On this 24th day of Apr l 1 , in the year 2013 before MP, a notary pnhlie, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of 'vVESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and dee f said co oat; on S. PETR1 s sm. SEAL NOTARY PUSLUC s s My Commission Expires August 11, 2016 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof; 1 have hereunto set my hand and seal of Western Surety Company this April 2013 otary Public - South Dakota Form F5306 -8 -2012 24 Lli day of WEST`' Ri SURE COMPANY Paul T. .uflat, Vice President ACKNOWLEDGMENT OF SURETY STATE OF Iowa (Attorney-in-Fact) Bond No. 71405844 COUNTY OF Dubuque On this I day of 'ig'''�' , before me, a notary public in and for said County, personally appeared RICK M URBAIN to me personally known and being by me duly sworn, did say, that he is the Attorney -in -Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said RICK M URBAIN acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Dubuque Iowa , the day and year last above written. SS My conunission expires Form 106 -4-2000 _ t Notary Public KEVIN J WEBER COMMISSION NUMBER 717679 MY COMMISSION EXPIRES 7