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HomeMy WebLinkAboutGameTime - FY2017 Highland Park Playground Project-4/24/2017CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT For the FY2017 Highland Park Playground Project This Contract made and entered into this 24th day of April 2017, by and between the City GameTime c/o of Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and Cunningham Recreation, hereinafter referred to as Contractor, WITNESSETH: Par. 1 The Contractor shall furnish all supervision, technical personnel, labor, materials, and equipment to perform all work required for the FY2017 Highland Park Playground Project described in the specifications and shown on the plans. Par. 2 The Contract Documents shall consist of the following: a. This Agreement b. Notice of Hearing c. Signed Copy of Bid d. Specifications e. Performance Bond f. Payment Bond g. Certificate of Insurance h. Attachment A: Davis Bacon and Related Acts Requirements 1. Federal Clauses 2. Wage Rate Determination Packet 3. Section 3 These documents form the Contract and are all fully a part of the Contract as if attached to this Contract or repeated herein. Par. 3 The Contractor agrees to commence the work within forty-five (45) days after the issuance of "Notice to Proceed" and complete the work within the given time frame. Par. 4 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water, traffic and protecting any excavation in any street or alley and maintaining proper and sufficient barricades with lights and signals during all hours of darkness and agrees to see that the backfilling is properly done and agrees to keep the City whole and defend any suits that may be brought against it by reason of any injuries that may be sustained by any person on account of doing this work by the Contractor and any agents of the Contractor. CONTRACT page 1 of 2 Par. 5 The Contractor agrees that in case a suit is brought against the City for damages sustained by reason of any act, omission or negligence of the Contractor or its agents or on account of any injuries sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly and agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and any and all persons who may use the project. Par. 6 The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. Par. 7 The Contractor agrees to pay punctually all just claims of labor, material, men or Subcontractors, who perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor and lien waivers are received. It is agreed that the City shall bear no liability for payments due for labor or materials under this contract. Par. 8 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor: Sum of Forty Four Thousand Eight Hundred Fifty-five Dollars and 86 Cents ($44,855.86) City of aterloo, Iowa, n \ k per, WI -460r rr ►1 \ Li n GameTime c/o Contractor: Cunningham Recreation Scott Cunningham, Pr= nt Cunningham Recreation v -L CAA Lest_ Approved by the City Council of the City of Waterloo, Iowa, this 24th day of April, 2017. ATTEST: befu_41 City Clerk j CONTRACT page 2 of 2 Document A312TM — 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: (Name, legal status and address) PlayCore Wisconsin, Inc. dba GameTime 150 PlayCore Drive Fort Payne, AL 35967 OWNER: (Name, legal status and address) City of Waterloo, Iowa 1101 Campbell Avenue Waterloo, IA 50701 CONSTRUCTION CONTRACT Date: April 24, 2017 Bond Number: 0198076 SURETY: (Name, legal status and principal place of business) Berkley Insurance Company (a CT corp.) 475 Steamboat Rd. Greenwich, CT 06830 Mailing Address for Notices Amount: $ 43,992.41 (Forty Three Thousand Nine Hundred Ninety Two And 41/100) Description: (Nance and location) FY2017 Highland Park Playground Project BOND Date: April 24, 2017 (Not earlier than Construction Contract Date) Amount: $ 43,992.41 (Forty Three Thousand Nine Hundred Ninety Two And 41/100) Modifications to this Bond: X CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) PlayCore Wisconsin, I I • ba GameTime Signature: Name (ALL 'ilk !N None See Section 18 SURETY Company: (Corporate Seal) Berkley Insurance Company Signature: Name This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. And Title: cog" VP � � ,�, ; And Title: Sylvia - (Any additions signatures a p on t re st page of this Performance Bond) . Ogle, Attorney -In -Fact (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Marsh (Architect, Engineer or other party) 3560 Lenox Road, Suite 2400 Atlanta, GA 30326 ; 404-995-3000 § 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. § 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 be 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 the 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. § 16.4 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. § 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 No. BI -477i POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly czt organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted s, and appointed, and does by these presents make, constitute and appoint: Gary D. Eklund; D -Ann Ifleidosty; Sylvia M. Ogle; ca ';,Sharon J. Potts; Brooke A. Sharp; or Christine Doczy of Marsh USA, Inc. of Atlanta, GA its true and lawful Attorney -in -Fact, to ct 1) sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, .Ewith the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. mt ti QDollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly y elected officers of the Company at its principal office in their own proper persons. 8 E o ;This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, .n without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o ;;resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: •- o y RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief 0 o Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Q Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to co o ,b execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the c corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such o, .o attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or Hother suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner L and to the extent therein stated; and further ' RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and v further o.� RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any .4 E power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or ' 3 other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as b E' though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any 'c person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have -d E ceased to be such at the time when such instruments shall be issued. S IN WITNESS WHEREOF, the Cote n has c se these presents to be signed and attested by appropriate officers and its �, � ,� Y !a its a 6' corporate soal hereunto affixed this -1:day of , � o... Attest: /l Berkle Insurance Compan w co 8 H (Seal) 13y rBy .ti Ira gI.eder an o U o Po WARNING: THIS POWER INVALID IF.NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) E ) ss; N o COUNTY OI' FAIRiF'IELD ) .E, Sworn to before me, a Notary Public in the Slate of Connecticut, this {_day of L U , by Ira S. Lederman mand Jeffrey M. Haticr who are sworn to me to be the Executive V-Elice Pre der 1 al d Secretary, , the Senior Vice President, respectively, of Berkley Insurance Compart�1ARIAC. RUNDBAKEN �t 8 NOTARY PUBLIC /�/ - � ,e e .„__„0,0,2,,,..0_, •Q c MY COMMISSION EXPIRES 'Notaiy Public; State of Connecticut 1 APRIL 30, 2019 CERTIFICATE 4 I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct z ami and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the 0 Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is att. i :1 is i .) 11 force and effect as Executive Vice President & Secretary ' of this date. ' Given under my hand and seal of the Company, this day of (Seal) Aft P_ �� WAN Vincent P. orte Please verify the authenticity of the instrument attached to this Power by: Toll -Free Telephone: (800) 456-5486; or Electronic Mail: BSGInquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this Power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGCIaim@berkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company, Berkley Regional Insurance Company and Carolina Casualty Insurance Company.