Signed Contract_Epic Construction_Selective Deconstruction_Dubuque Furniture Bldg. Copyright 2014
City of Dubuque Consent Items # 11.
ITEM TITLE: Signed Contract(s)
SUMMARY: Epic Construction for selective demolition of the Dubuque Furniture and
Flooring property; Top Grade Excavating for the Arrowhead Storm Sewer
Project.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
❑ Epic Construction Contract Supporting Documentation
❑ Top Grade Excavating Contract Supporting Documentation
T-1-1
SECTION 000520
AGREEMENT
THIS AGREEMENT is by and between CityofDubuque.Iowa.
(hereinafter called OWNER) and Epic Construction
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants set forth herein, agree as
follows:
Article 1. WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
Dubuque Furniture and Flooring Selective Demolition and Restoration project. See attached Proposal from Epic Construction
dated September 15,2014.
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Article 2. THE PROJECT
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2.01 The Project for which the Work under the Contract Documents may be the whole or only a
part is generally described as follows:
Dubuque Furniture and Flooring Selective Demolition and Restoration project.
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Article 3. ENGINEER
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3.01 The Project has been designed by IIW,P.C.,4155 Pennsylvania Avenue,Dubuque,Iowa 52002.
3.02 OWNER has retained IIW ("ENGINEER") to act as OWNER's representative, assume all duties
and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with the completion of the Work in accordance with the Contract Documents.
Article 4. CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and
readiness for final payment as stated in the Contract Documents are of the essence of the
Contract. Except that CONTRACTOR shall coordinate masonry work with OWNER and OWNER's separate,concurrent Building
Addition project schedule with the possibility of masonry work completion being in the spring of 2015.
4.02 Dates for Substantial Completion and Final Payment
A. The Work will be complete and ready for final payment within 60 calendar days of the
Notice to Proceed.
Section 000520-1
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4—.G3 Liquidated Damages
A- GQNTRAGT-QR and OWNER FeeegRize that time is of the e66eRGe ef this AgFeeffieRt and
delays,that QWNER will suffeF f"RaReial less if the WeFk or, net Gempleted within the times spesifie
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time. AeeeFdoRgly, instead 9f FeqUiFing any SUGh pFeef, OWNER and GONT-RACT-OR agFee that as
liquidated damages feF-delay that dees net Fesult R adjustffient ef the GeRtFaet time pu%uant te seeti
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Article 5. CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds as follows:
$137,285.00(One hundred thirty seven thousand two hundred eighty five dollars and zero cents).
See attached Proposal from Epic Construction dated September 15,2014 for additional information.
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an
exhibit.
B. All specific cash allowances are included in the Contract Price and have been
computed in accordance with Paragraph 11.02 of the General Conditions.
Article 6. PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as provided in the
General Conditions.
6.02 Progress Payments; Retainage
A. Progress Payments: OWNER shall make progress payments on account of the Contract
Price on the basis of CONTRACTOR's Applications for Payment as established at the preconstruction
conference during performance of the Work as provided below. All such payments will be measured by
the schedule of values established in Paragraph 2.07.A of the General Conditions (and in the case of
Unit Price Work based on the number of units completed) or, in the event there is no schedule of
values, as provided in the General Requirements:
B. Retainage: OWNER shall retain an amount equal to 5% of each progress payment
application. The 5% retainage shall be withheld from all applications for progress payments until
100% of the work is complete. All punchlist items shall be finished before the work shall be
deemed 100% complete. CONTRACTOR shall not submit an application for progress payment that
indicates a work item as being 100% complete based on a claim that the retainage withholding
amount covers the cost of the outstanding work included on the punchlist.
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1. Retained funds shall be retained by OWNER for a period of 30 calendar days after
the completion and final acceptance of the improvements by OWNER. If at the end of the
30 calendar day period claims are on file as provided in Iowa Code Ch. 573, OWNER shall
also continue to retain from the unpaid funds, a sum equal to double the total amount of all
claims on file. The remaining balance of the unpaid fund, or if no claims are on file and the
Work is complete, the entire unpaid fund shall be released and paid to CONTRACTOR.
2. Upon Substantial Completion of all Work, however, and in accordance with Iowa
Code 26.13, CONTRACTOR may request the release of all or part of the retained funds
owed. The request shall be accompanied by a sworn statement of CONTRACTOR that, ten
calendar days prior to filing the request, notice was given as required to, all known
subcontractors, sub-subcontractors, and suppliers.
a. Prior to applying for release of retained funds, CONTRACTOR shall send a
notice to all subcontractors, sub-subcontractors, and suppliers that provided labor or
materials for the public improvement project. the notice shall be substantially similar to
the following:
"NOTICE OF CONTRACTOR'S REQUEST FOR EARLY RELEASE OF RETAINED FUNDS
You are hereby notified that [name of CONTRACTOR] will be requesting an early release of
funds on a public improvement project designated as [name of project] for which you have
or may have provided labor or materials. The request will be made pursuant to Iowa Code
section 26.13. The request may be filed with the [name of governmental entity or
department] after ten calendar days from the date of this notice. The purpose of the request
is to have [name of governmental entity or department] release and pay funds for all work
that has been performed and charged to [name of governmental entity or department] as of
the date of this notice. This notice is provided in accordance with Iowa Code
section 26.13."
b. If at the time of the request for the release of the retained funds labor or
material are yet to be provided, an amount equal to two hundred percent of the value
of the labor or materials yet to be provided, as determined by ENGINEER, may be
withheld until such labor or materials are provided.
3. CONTRACTOR shall release retained funds to subcontractor or subcontractors in
the same manner as retained funds are released to CONTRACTOR by OWNER. Each
subcontractor shall pass through each lower tier subcontractor all retained fund payments
from CONTRACTOR.
6.03 Final Payment
A. OWNER shall pay the remainder of the Contract Price as recommended by
ENGINEER as provided in said Paragraph 14.07.
Article 7. HIERARCHY
7.01 In resolving inconsistencies among two or more sections of the Contract Documents,
precedence shall be given in the following order:
First: WRITTEN AMENDMENTS
Second: AGREEMENT
Third: CHANGE ORDERS
Section 000520-3
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Fourth: ADDENDA
Fifth: SUPPLEMENTARY CONDITIONS
Sixth: GENERAL CONDITIONS
Seventh: SPECIFICATIONS
Eighth: DRAWINGS
Figure dimensions (numerical) on Drawings shall take precedence over dimensions measured utilizing
a scale. i
Article 8. CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the C
other related data identified in the Bidding Documents.
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B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, and performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws
and Regulations that may affect cost, progress and performance of the Work.
D. CONTRACTOR has carefully studied (1) all reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which
have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General
Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site
which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the
General Conditions.
E. CONTRACTOR has obtained and carefully studied (or accepts consequences of not
doing so) all additional or supplementary examinations, investigations, explorations, tests, studies,
and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous
to the Site that may affect the cost, progress, or performance of the Work or which relate to any
aspect of the means, methods, techniques, sequences, and procedures of construction to be
employed by CONTRACTOR, including any specific means, methods, techniques, sequences, and
procedures of construction expressly required by the Contract Documents and safety precautions
and programs incident thereto.
F. CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work at the Contract
Price, within the Contract Times, and in accordance with the other terms and conditions of the
Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the Site that relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR, information
and observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and data
with the Contract Documents.
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I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities,
or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding
of all terms and conditions for performance and furnishing of the Work. j
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Article 9. CONTRACT DOCUMENTS
9.01 Contents
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A. The Contract Documents consist of the following:
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1. This Agreement (pages 00520-1 through 00520- 11 inclusive);
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2. Performance, Payment, and MaiRteRa '^^ Bond (pages to 00600-1 through
00600-3, inclusive);
3. Other bonds n/a
4. Standard General
Conditions of the
Construction Contract
(pages 1-62 inclusive),
as listed in the table of
contents of the Project
Manual. 4• ;
5. Supplementary Conditions (pages 00800-1 through 00800-19 , inclusive); j
as listed in the table of contents of the Project Manual.
6. Specifications as listed in the table of contents of the Project Manual;
7. Drawings—Sheets No. S690.0 through No. M691.3
inclusive incorporated herein by reference with each sheet bearing the following
general title:
Dubuque Furniture and Flooring Selective Demolition and Restoration, 430 Garfield, Dubugue, Iowa.
as well as dFawiAgG listed "R the table ef eeRteRtS that aFe beund at the ba& ef the
8. Addenda ( No. 1 dated October 2, 2014 (see attachments ).
9. Ge ,�
nnenflt Gale 2A GV 0104.1 F=jM--Dvc,ament-6,_.djune 27, acca
��T.�,GFee ag reer�eet�er�
�.914, 'Reluded"i9'I-the GQTGI'P'C7"TfJTC7TIT.7CeRCT9T
Section 000520-5
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10. Exhibits to this Agreement (enumerated as follows:)
a. CONTRACTOR's Bid (pages to_� Proposal letter dated September 15,2014.
b. Documentation submitted by CONTRACTOR prior to Notice of Award
C. ( );
11. The following may be delivered or issued on or after the Effective Date of the
Agreement:
a. Notice to Proceed (pages { 000550-1 } to { 000550-1 }, inclusive);
b. Work Change Directives (not attached to this Agreement);
c. Change Order(s) (not attached to this Agreement).
B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except
as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as
provided in Paragraph 3.04 of the General Conditions.
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Article 10. MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions
and the Supplementary Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be
binding on another party hereto without the written consent of the party sought to be bound; and
specifically but without limitation, monies that may become due and monies that are due may not
be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements, and obligations contained in the Contract
Documents.
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1154.007/3-2014
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue
to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract
Documents shall be reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the intention of the stricken
provision.
10.05 Nonwaiver
A. No provision of the Contract Documents will be deemed waived by reason of one party
failing to enforce the provision on one or more occasions. Any such waiver must be in writing.
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10.06 Integration
A. The parties' entire agreement is contained in the Contract Documents, and the
provisions of the Contract Documents supersede all prior discussions or writings between the parties.
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Section 000520-7
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or identified by
ENGINEER on their behalf.
This Agreement will be effective on October 7, 2014
(which is the Effective Date of the Agreement).
OWNER City of Dubuque, Iowa
C i. (Seal)
Sig ature acid Title
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ATTEST:
By:
Signature and Title
Address for Givinq Notices:
Name: City of Dubuque, Iowa
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Street: 50 West 13th Street
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City, State, Zip Code: Dubuque, IA 52001
Phone: 563-589-4270
Facsimile: 563-589-4205
E-mail: Sbrownna cityofdubugue.orq
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Designated Representative: Steve Brown P.E.
Section 000520-8
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CONTRACTOR Epic Constr ction
(Seal)
Signature and Title
ATTEST:
'Signature and Title
Address for Giving Notices:
Company Name: Epic Construction
Street: 3749 Killian Lane
City, State, Zip Code: Kieler,WI 53812
Phone: 608-568-7577
Facsimile: 608-568-3259
E-mail: cwalsh@epicgc,com
Designated Representative: Chad Walsh, Project Manager
(For Purposes of Notices)
License No.:
(Where applicable)
(If CONTRACTOR is a corporation, limited liability company, or a partnership, attach evidence of
authority to sign.)
Section 000520-9
1154.007/3-2014
INSTRUCTIONS FOR EXECUTING CONTRACT
The full name and business address of CONTRACTOR should be inserted and the Agreement should
be signed with CONTRACTOR's official signature. Please have the name of the signing party printed
under all signatures to the Agreement.
If CONTRACTOR is operating as a partnership, each partner should sign the Agreement. If the
Agreement is not signed by each partner, there should be attached to the Agreement a duly
authenticated power of attorney evidencing the signer's (signers') authority to sign such Agreement for
and on behalf of the partnership.
If CONTRACTOR is an individual, the trade name (if CONTRACTOR is operating under a trade name)
should be indicated in the Agreement and the Agreement should be signed by such individual. If signed
by other than CONTRACTOR, there should be attached to the Agreement a duly authenticated power
of attorney evidencing the signer's authority to execute such Agreement for and on behalf of
CONTRACTOR.
If CONTRACTOR is operating as a limited liability company, and it is member-managed, each member
should sign the Agreement, or an authorized member should sign. If the LLC is manager-managed, an "
authorized manager should sign. If the Agreement is not signed by each member, there should be
attached to the Agreement a duly authenticated power of attorney evidencing the signer's (signers')
authority to sign such Agreement for and on behalf of the LLC.
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Section 000520-10
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If CONTRACTOR is a corporation, the Secretary of the corporation should sign the certificate below. If
the Agreement itself is signed by the Secretary of the corporation, the certificate below should be
executed by some other officer of the corporation, under the corporate seal. In lieu of the following
certificate, there may be attached to the Agreement copies of so much of the records of the corporation
which will show the official character and authority of the officers signing, duly certified by the Secretary
or Assistant Secretary under the corporate seal to be true copies.
I, �:y)1 m(06Q� ) , certify that I am the
(Print Name) (Title of Officer SigningCertificate)
of the corporation named as CONTRACTOR herein above; that C ID Pll l-4
(Print Name of Officer Signing Agreement)
who signed the foregoing Agreement on behalf of CONTRACTOR was then
V 1�6 12tb T- of said corporation; that said Agreement was duly signed
(Title of Officer Signing Agreement)
for and on behalf of said Corporation by authority of its governing body, and is within the scope of its
corporate powers.
C�
(Corporate Seal)
END OF SECTION
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Section 000520-11
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September 15,2014
Mr.Steve Brown
City of Dubuque
50 West 13th Street
Dubuque,IA 52001
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Re:Klauer Building Addition Demolition,430 Garfield Avenue
Dear Steve,
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Below is our proposal to perform the building addition demolition at 430 Garfield Avenue per Drawings
5690.0,5690.1,5690.2,S690.3,5690.4,S690.5,S690.6,S690.7,5690.8,5690.9,5691.0,S691.1,M691.2
and M691.3 dated 8/22/14 by IIW,P.C. and Strand and Associates.
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Through the demolition process we will re-use,re-purpose or recycle as much material as possible but
we cannot guarantee the 75%recycling goal at this time because of the time constraints.
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We will work the Rob Klauer to coordinate the demolition with his proposed building addition so that all
work can be completed in a timely manner. We will require access to the railroad (CPR)property as k
shown on the site plan.
Proposal Includes:
- Provide and install 6'tall temporary chain link security fence with gates as required.
- Enclose current openings to remaining building temporarily or permanently as required.
- Disconnect and cap existing electrical and mechanical services.
- All items requested.by the owner will be removed and turned over,including but not limited to:
suspended ceilings,light fixtures,windows,glass block,doors, heavy timbers,structural steel,
overhead doors,dock equipment and gas fired unit heaters.
- Demolition of building areas A, B and C including all roofing,siding,concrete floors,concrete
foundations west of the center north-south column line of area C and all brick. Dust control will
be provided. Backfill foundations with compacted lime to match existing grades.
- Masonry allowance of$15,000.00 Masonry work will be completed in the Spring of 2015 or as
the weather permits.
- (1)new 4070 HM door,frame and hardware for the elevator opening.
- Performance and payment bond.
Total:$137,285.00
3749 Killian Lane: I PO Box 249 1 Kieler.VVisconsin 53812 I p.6bt7.5GE3,7577 11,60f),Gt1.3759 1 tiv�rvr.epirgr,.corn
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Unit pricing g
Remove/replace brick: $27.00 per brick �I
Tuckpointing: $15.35 per SF
Clean paint off of Masonry: $8.95 per SF
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Not included:
Asbestos,contaminated waste or soil removal
Railroad protective liability insurance
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Railroad right of way work permit
Seeding,sodding or imported topsoil
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I have included an example of our Certificate of Liability Insurance for your review. Please call with any
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questions.
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3749 Killian Lane I PO Box 249 I Kieler, Wisconsin 53012 1 1).608.560.7577 I f.608.568.3259 I %Yww.epicgc.coni
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ADDENDUM NO. 1
PROJECT MANUAL
DUBUQUE FURNITURE AND FLOORING SELECTIVE DEMOLITION AND RESTORATION
CONTRACT 3-2014
CITY OF DUBUQUE, IOWA
This Addendum to the Project Manual is issued to modify, explain, or correct the original Project
Manual and is hereby made part of the Contract Documents.
A. DIVISION 0—BIDDING AND CONTRACTING REQUIREMENTS
1. SECTION 00400—BID
a. Page 00400-5, Cash Allowances
DELETE item No. 1 in the chart.
2. SECTION 00520—AGREEMENT
a. Page 00520-1, Article 4. CONTRACT TIMES, 4.02.A
ADD at the end of paragraph A"Except that CONTRACTOR shall coordinate masonry work with
OWNER and OWNER's separate, concurrent Building Addition project schedule with the
possibility of masonry work completion being in the spring of 2015."
b. Page 00520-2, Article 4. CONTRACT TIMES, 4.03
DELETE Article 4.03 in its entirety.
c. Page 00520-5, Article 9. CONTRACT DOCUMENTS, 9.01.A.2
DELETE "and Maintenance"from sentence.
3. SECTION 00600—PERFORMANCE, PAYMENT AND MAINTENANCE BOND
a. Page 00600-1
DELETE "AND MAINTENANCE BOND"from section title.
b. Page 00600-2
DELETE paragraph 3 in its entirety.
BIDDERS MUST ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE
SPACE PROVIDED'IN THE BID FORM
Dated at Madison, Wisconsin .3Jj�Nq'' Strand Associates, Inc."
October 2, 2014 Q 910 West Wingra Drive
C/)� SHANE P. = Madison, WI 53715
- z ZENZ
�v 21579 '7
MHB:LBRIR:IMAD\DOCUMENTS\SPECIFICATIONSIACTIVE\DUBUQUE,IA\1154,007.3-20114.MHB\(11)ADDENDA\NO.1.DOCX
00900-1
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Page 1 of 3
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Bond No. GRIA37416A
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DUBUQUE FURNITURE AND FLOORING SELECTIVE
DEMOLITION AND RESTORATION PROJECT
CITY OF DUBUQUE, IOWA
50 West 13th Street, Dubuque, IA 52001
SECTION 00600
PERFORMANCE AND PAYMENT BOND
KNOWN Inc. ALL MEN BY THESE PRESENTS: That
(Epic Construction, 3749 Killian Lane, Kieler,WI 53812 )
as Principal (Contractor) and Granite Re. Inc. oaeHSndred_ are
Oneheld firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of Two Hundred Eighty Five and no/100
$137,285.00 the same being 100% of the total price of the Contract for the Project herein referred to,
lawful money of the United States of America, well and truly to be paid to said City of Dubuque, and
to all other parties who, under the provisions of the laws of Iowa, are intended to be protected and
secured hereby for which payment we bind ourselves, our heirs, executors, successors and assigns,
jointly and severally by these presents.
Dated at Dubuque, Iowa, this 7th day of October _, 2014, and
duly attested and sealed.
WHERAS, the said Contractor by a Contract dated October 7, 2014 incorporated herein by
reference, has agreed with said City of Dubuque to perform all labor and furnish all materials required
to be performed and furnished for the Dubuque Furniture and Flooring Selective Demolition and
Restoration project*(the Project) according to the Contract and Construction Documents prepared
therefore. *per Proposal dated 9/15/2014, Dubuque, Iowa
It is expressly understood and agreed by the Contractor and Surety bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety,to-wit:
1. PERFORMANCE BOND: 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 City
from all outlay and expense incurred by the City 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.
2. PAYMENT BOND: The Contractor and the Surety shall 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, i
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 which the City is required to
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Page 2 of 3
retain until completion of the improvement, but the Contractor and Surety shall not be liable to said R
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 obligations and conditions set forth in Chapter 573, Code of Iowa, which by
this reference is made a part hereof as though fully set out herein.
Contractor's and Surety's agreement herein made extends to defects in workmanship or t
materials not discovered or known to the City at the time such work was accepted.
NOW, THEREFORE, the condition of this obligation is such that if the said Contractor
shall perform all of the work contemplated by the Contract in a workmanlike manner and in strict
compliance with the plans and specifications, and will pay all claims for labor and materials used in
connection with said Project, to indemnify the said City for all damages, costs and expense incurred
by reason of damages to persons or property arising through the performance of said Contract, and
will reimburse the City for any outlay of money which it may be required to make in order to
complete said Contract according to the Construction Documents and will maintain in good repair said
Project for the period specified in the Contract where this bond is obligated for maintenance, and will
faithfully comply with all of the provisions of Section 573 of the Code of Iowa, then this obligation shall
be null and void, otherwise it shall remain in full force and effect.
All the conditions of this bond must be fully complied with before the Contractor or the Surety will
be released.
The Contract, Contractor's Proposal, and Construction Documents shall be considered as a part f
of this Bond just as if their terms were repeated herein.
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Dated at Dubuque, Iowa this 7th day of October 2014.
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Page 3 of 3
CITY OF DUBUQUE, 10 PRINCIPAL: Epic Construction, Inc.
By:
City Manager CtT
By.
Signature
Title
SURETY: Granite Re, Inc.
14001 Quailbrook Drive
Oklahoma City, OK 73134
Surety Compan
By:
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Signature Tom Lahl j
Attorney-in-Fact
Title
Oklahoma City, OK 73134 j
City, State,Zip Code
405-752-2600
Telephone
Tom Lahl
Attorney In-Fact
DUBUQUE FURNITURE AND FLOORING SELECTIVE
DEMOLITION AND RESTORATION PROJECT
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ACKNOWLEDGMENT OF PRINCIPAL (Individual)
State of )
County of )
On this day of in the year before me personally comes)
to me known and known to me to be the person(s)who(is)(are)described in
and executed the foregoing instrument and acknowledge(s)to me that_he_executed the same.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
State of )
County of )
On this day of in the year before me personally come(s)
a member of the co-partnership of
to me known and known to me to be the person who is described in and
executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co-partnership.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Corporation)
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State of �� )
County of ))
On this 13 day of Ott in the year before me personally come(s)
to me known,who,being duly sworn,deposes and says that he is the j
1' L . pttsl`z� of the lrjL�tL &ywro
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ation described in and which executed the foregoing instrument;that he knows the seal of
the said corporation;the seal affixed to th i corporate seal; that it was so affixed by the order of the Board of Directors of said
corporation,and that he signed his name re
A �Z?LIG D 6.06.14-9ry Put is —�
�K EDGMENT OF SURETY
State of Minnesota )
County of Dakota ) i
On this 7th day of October,in the year 2014, before me personally come(s)Tom Lahl,Attorney(s)-in-Fact of Granite Re,Inc.with whom I am
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personally acquainted, and who, being by me duly sworn, says that he is (are) the Attorney(s)-in-Fact of Granite Re, Inc. company described in and
which executed the within instrument; that he know(s) the corporate seal of such company; and that seal affixed to the within instrument is such
corporate seal and that it was affixed by order of the Board of Directors of said company,and that he signed said instrument as Attorney(s)-in-Fact of the
said company by like order.
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GRANITE RE, INC.
GENERAL POWER OF ATTORNEY
Know al I Men by these Presents:
That GRANITE RE, INC.,a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office
at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
JONATHAN PATE; WANDA FRANZ; TOM LAHL; LISA M. FRANCOUR; JENNIFER BOYLES its true and lawful Attorney-in-Fact(s) for the
following purposes,to wit:
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To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all
acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC.a certified copy of which is hereto annexed
and made a part of this Power of Attorney; and the said GRANITE RE, INC.through us, its Board of Directors, hereby ratifies and confirms all
and whatsoever the said:
JONATHAN PATE; WANDA FRANZ; TOM LAHL; LISA M. FRANCOUR;JENNIFER BOYLES may lawfully do in the premises by virtue of these
presents.
In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the
signatures of its President and Secretary/Treasurer,this 3'd day of July,2013.
a%TF.R F Ne
Kenneth D.Whittington, President
STATE OF OKLAHOMA ) s E A L
SS: °kC 0° f ;
COUNTY OF OKLAHOMA ) Kyle P.McDonald,Treasurer
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On this 3'd day of July, 2013, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and
Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly
sworn, said,that they, the said Kenneth D.Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of
GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said
corporation; that the seal affixed to said Power of Attorney was such corporate seal,that it was so fixed by order of the Board of Directors of
said corporation,and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively,of the Company.
My Commission Expires:
August 8,2017 Notary Public
Commission #:01013257
GRANITE RE, INC.
Certificate
THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc.,an Oklahoma Corporation, HEREBY CERTIFIES
that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite
Re, Inc.and that said Power of Attorney has not been revoked and is now in full force and effect.
"RESOLVED,that the President, any Vice President,the Secretary, and any Assistant Vice President shall each have authority to appoint
individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety
bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or
evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond
or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking."
IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 7th day of
October,2014.
oP ;P f'^
_ Kyle P. McDonald,Secretary/Treasurer
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