Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
InVision Architecture-10/12/2015
October 9, 2015 City of Waterloo Craig Clark 715 Mulberry Street Waterloo, IA 50703 Craig: RE: Waterloo Center for the Arts Schoitz Room Renovation Enclosed are two (2) copies of the contract for your signature. Please retain the contract marked "Owner" and return the other contract to our office. Also included is the subcontractor and supplier list for your use. We look forward to working with you on this project. Lisa Kinzebach, Office Manager INVISION Architecture LMK Enclosure 111 0 0 N O to T O M V o` N o 3 C ("I O O oo0) O 0. fx: (515) 633 2942 DES MOINES OviiriedK !AIA Tt9 Document A101 - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum t AGREEMENT made as of the day of October in the year 2015 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 and the Contractor: (Name, legal status, address and other information) Peters Construction 901 Black Hawk Road PO Box 2940 Waterloo, IA 50704 Telephone Number: 319-236-2003 for the following Project: (Name, location and detailed description) 15054 - Waterloo Center for the Arts Schoitz Room Renovation The Architect: (Name, legal status, address and other information) INVISION Architecture, LTD 501 Sycamore #101 PO Box 1800 Waterloo, IA 50704-1800 Telephone Number: 319.233.8419 Fax Number: 319.233.8419 The Owner and Contractor agree as follows. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM -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 A101*" — 2007. Copyright CO 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. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ?JA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:29:16 on 10/06/2015 under Order No.2650364998_1 which expires on 07/20/2016, and is not for resale. User Notes: (1496609844) 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. 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. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Work will commence upon receipt of written "Notice to Proceed, Not before December 28, 2015 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 ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work) AIA Document A101 T" - 2007. Copyright CO 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. AH rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA© Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:29:16 on 10/06/2015 under Order No.2650364998_1 which expires on 07/20/2016, and is not for resale. User Notes: (1496609844) Inst. January 29, 2016 Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) 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 Thirty-two Thousand Three Hundred Eighteen Dollars and Zero Cents ($ 132,318.00 ), 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: (State the numbers or other identification of accepted alternates. lithe bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) Alternate #1 - Provide and install a new sound system for the entire room. This includes all new speakers, wire, pathway, power, equipment, and all accessories included in the specifications and details associated with the new sound system. § 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($0.00) N/A § 4.4 Allowances included in the Contract Sum, if any: (Idents allowance and state exclusions, if any, from the allowance price.) Item N/A Price 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 last day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 10th day of the following 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 thirty (30 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) AIA Document A101'"' — 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. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:29:16 on 10/06/2015 under Order No.2650364998_1 which expires on 07/20/2016, and is not for resale. User Notes: (1496609844) § 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: .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 final determination 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 the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .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. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended prior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfrom the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 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, or as follows: AIA Document A101 711— 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. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:29:16 on 10/06/2015 under Order No.2650364998_1 which expires on 07/20/2016, and is not for resale. User Notes: (1496609844) 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. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 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: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ X 1 Litigation in a court of competent jurisdiction [ ] Other (Specify) 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. (Insert rate of interest agreed upon, if any.) % § 8.3 The Owner's representative: (Name, address and other information) Craig Clark 715 Mulberry Street Waterloo, IA 50703 Telephone Number: 319-291-4319 Email Address: craig.clarkwaterloo-ia.org AIA Document A101", — 2007. Copyright O 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. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:29:16 on 10/06/2015 under Order No.2650364998_1 which expires on 07/20/2016, and is not for resale. User Notes: (1496609844) Inst. § 8.4 The Contractor's representative: (Name, address and other information) Darrin Gillett 901 Black Hawk Road P 0 Box 2940 Waterloo, IA 50704 (319) 236-2003 dgillett@petersconstruction.com § 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: N/A 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. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Exhibit A Section Title Date Pages § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Exhibit B Number § 9.1.6 The Addenda, Wally: Title Date Number Date Pages 1 09/24/2015 2 2 09/28/2015 3 AIA Document A101 T'" - 2007. Copyright CO 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. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:29:16 on 10/06/2015 under Order No.2650364998_1 which expires on 07/20/2016, and is not for resale. User Notes: (1496609844) 3 09/29/2015 3 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: .1 AIA Document E201TM-2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: N/A .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bio; Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Bid Form Exhibit A Specifications Exhibit B Drawings Certificate of Insurance Performance and Payment Bond ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201-2007.) Type of insurance or bond General Liability Automobile Liability Worker's Compensation Umbrella Liability Limit of liability or bond amount ($0.00) $1,000,000 Combined Single Limit per occurrence. $1,000,000 Aggregate $1,000,000 Combined Single Limit Statutory Benefits; $100,000 Coverage B $1,000,000 Combined Single Limit; $2,000,000 Aggregate This Agr ent entered into as of the day and year first written above. OWNER (Signature) Ern�ir 0. L -\ Cur k( ° c v (Printed name and title) CONTRACTOR (Signature ' t. 1 1Es-r —?RE's �►T (Printed name and title) AIA Document A101 T°° - 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. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:29:16 on 10/06/2015 under Order No.2650364998_1 which expires on 07/20/2016, and is not for resale. User Notes: (1496609844) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, Lisa Kinzebach, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 09:29:16 on 10/06/2015 under Order No. 2650364998_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A101TM — 2007, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text. (Signed) (Title) icJ (Dated) AIA Document D401"" — 2003. Copyright O 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:29:16 on 10/06/2015 under Order No.2650364998_1 which expires on 07/20/2016, and is not for resale. User Notes: (1496609844) FORM OF BID OR PROPOSAL WATERLOO CENTER FOR THE ARTS -SCHOITZ ROOM RENOVATION CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of Sowq, a Partnership consisting of the following partners: , having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by INVISION and now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to fumish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this WATERLOO CENTER FOR THE ARTS — SCHOITZ ROOM RENOVATION, all in accordance with the above -listed documents and for the bid and alternates. BASE BID a) Having examined the Place of The Work and all matters referred to in the Instructions to Bidders and the Contract Documents prepared by INVISION for the above mentioned project, we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Base Bid listed in this bid form of: b) F6tit }{✓v, letZ n6ti.y - r46>^ t ($ lv$r ffig ). dollars c) We have included the required security deposit as required by the Instruction to Bidders. ALTERNATES - See Section 01 23 00 and related specifications for more detailed descriptions Alternate No. 1: Provide and install a new sound system for the entire room. -4r$l dollars. ADD 1 -.4.v.,-4j +"t42-le6wv54.ct ($-3, 43 0 ). Altemate No. 2: Provide and install three (3) new projectors. ADD 1-1N4M'ki 0hi... 46./5." r OvvL tevvJe.4 S T rial ($ ?Ni r I (° CONTRACT TIME ). dollars. a) We will begin work on site no earlier than December 28, 2015 and complete the Work by January 29, 2016. 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govem in the actual payment to the Contactor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is Waterloo Center for the Arts Schoitz Room Renovation Waterloo, Iowa Project # 15054 00 41 00 FORM OF BID OR PROPOSAL Page 1 of 2 withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and fumish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of 5 el® or Dollars ($ 5'1. ®c ) in the form of , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Resident Bidder Certification. 7. The bidder is prepared to submit a financial and experience statement upon request. 8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. 1 Date 10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non -Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: a) The City of Waterloo does not approve the subcontractors. b) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA" 12. The bidder has attached all applicable forms. PETERS Co84$11Ze/rC14 Co 4'4 a,.Nr »J BY: (Name of Bidder) F. ' %ter Official Address: (Including Zip Code): c1 Ok 130.,Gt� I.A. J N - (te4k-0 P o - 13ox `lC (Date) Title: PASS► I.R.S. No. 1 2 - 1914 21$ co7o1-( Waterloo Center for the Arts Schoitz Room Renovation Waterloo, Iowa END OF FORM OF BID OR PROPOSAL 12048/13137h5os4 Project # 15054 00 41 00 FORM OF BID OR PROPOSAL Page 2 of 2 Project No.: 15054 Project Name: Waterloo Center for the Arts Schoitz Room Renovation Exhibit A Specification Specification Sections Pages Division 00 - Procurement and Contracting Requirements 54 Division 01 - General Requirements 28 Division 02 — Demolition 2 Division 07 — Joint Sealants 2 Division 09 - Finishes 8 Division 10 - Specialties 2 Division 11 - Equipment 2 Division 23 - Heating, Ventilation and Air Conditioning (HVAC) 10 Division 26 - Electrical 42 Division 27 - Communications 22 Project No.: 15054 Project Name: Waterloo Center for the Arts Schoitz Room Renovation Exhibit B Drawings Sheet No. Sheet Title Drawing Date General Cover Sheet September 16, 2015 G0.01 Title Sheet September 16, 2015 Architectural A1.11 First Floor Plan & Finishes September 16, 2015 A6.11 First Floor RCP & Demo Notes September 16, 2015 Mechanical/Electrical ME0.0 Cover Sheet and Demolition Plans September 16, 2015 E1.0 First Floor Plan September 16, 2015 E2.0 Mechanical and Electrical Ceiling Plan September 16, 2015 ACORO®DATE L.,.. -----CERTIFICATE OF LIABILITY INSURANCE (MM/DDIYYYY) 7/9/2015 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(les) 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 Brummel Madsen & Associates 318 Main Street P.O. Box 399 Cedar Falls IA 50613 CONTACT Rhonda Schrage PHONE (319) 266-2644 FAX (A/C. No. EA: (A/C, No): (319) 277-2429 ADDRErhondas@brummelmadsen.com ADDRESS: INSURERS) AFFORDING COVERAGE NAIC # INsuRERA:Integrity Mutual Insurance INSURER B :The Phoenix Insurance Company 14303 25623 INSURED Peters Construction Corp PO Box 2940 Waterloo IA 50704 INSURER C : CLAIMS MADE INSURER D : INSURER E : DAMAGE TO RENTED PREMISES (Ea occurrence) INSURERF: COVERAGES CERTIFICATE NUMBER:15/16 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. LTR TYPE OF INSURANCE AINDSD Sy VD POLICY NUMBER (MMIIODIIYY YYFY� (MM//DCY DIYYYYYY) UMITS X COMMERCIAL GENERAL LIABIIJTY EACH OCCURRENCE $ 1,000,000 A CLAIMS MADE X J OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 X CPP2624256 i 8/1/2015 8/1/2016 1 MED EXP (Any one person) $ 10, 000 PERSONAL &ADV INJURY $ 1,000,000 LGEN'L AGGREGATE LIMIT APPLIES PER: 1 GENERAL AGGREGATE $ 2,000,000 POLICY X JECOT ^ LOC PRODUCTS -COMP/OP AGG $ 2,000,000 I OTHER: $ AUTOMOBILE UABILTY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED ALTOS SCHEDULED AUTOS CA2624257 8/1/2015 8/1/2016 BODILY INJURY (Per ) $ HIRED AUTOS — NON -OWNED AUTOS PROPERTY DAMAGE (Per ac ident) $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 A EXCESS LIAB CLAIMS -MADE AGGREGATE $ 10,000,000 DED X RETENTION$ 0 CDP2624259 8/1/2015 8/1/2016 $ WORKERS COMPENSATION AND EMPLOYERS' EMPLOYERS' LIABILITY X PER gr - STATUTE ER Y/ N ANY PROPRIETOR/PARTNER/EXECUTNE i OFFICER/MEMBER EXCLUDED? N N / A E.L. EACH ACCIDENT $ 1,000,000 A (Mandatory In NH) WCP2624258 8/1/2015 8/1/2016 E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Leased/Rented Equipment 66028710309 8/1/2015 8/1/2016 Limt w/$1,000 Deductible $200,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Schoitz Room Renovation Project/Waterloo Center of the Art City of Waterloo is listed as additional insured on the General Liability policy, if required by written contract or agreement subject to the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of Waterloo Noel Anderson 715 Mulberry Street Waterloo, IA 50703 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 Scott Cessna/JMB ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Init. sAIA Document A312TM - 2010 Performance Bond CONTRACTOR: (Name, legal status and address) Peters Construction Corporation 901 Blackhawk Rd PO Box 2940 Waterloo, IA 50704 OWNER: (Name, legal status and address) City of Waterloo 715 Mulberry Street Waterloo IA 50703 Bond Number 54-205740 SURETY: (Name, legal status and principal place of b Ines united hire & Casualty Company PO Box 73909 Cedar Rapids, IA 52407 CONSTRUCTION CONTRACT Date: October 6, 2015 Amount: One Hundred Thirty-two Thousand Three Hundred Eighteen & no/100ths ($132,318.00) Description: 15054 - Waterloo Center for the Arts Schoitz Room Renovation (Name and location) BOND Date: October 6, 2015 (Not earlier than Construction Contract Date) 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. 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. Amount: One Hundred Thirty-two Thousand Three Hundred Eighteen & no/100ths ($132,318.00) Modifications to this Bond: one 0 See Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Peters Constructipp Corporation Signature: Name goovoLei F: Isrbr- Pe .ter and Title: SURETY ePaRire & Casualty 'CEMIT; Seal) Signature: t) Name NancyD. and Title: 6o, altutat, Attorney -in -Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY— AGENT or BROKER: LaMair-Mulock-Condon Co. 4200 University Avenue #200 West Des Moines IA 50266 Name, address and telephone) OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) InVision Architecture, LTD P O Box 1800 Waterloo IA 50704 AIA Document A3127°1 — 2010. The American Institute of Architects. 061110 1 Init. § 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. § 6 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. AIA Document A312TM — 2010. The American Institute of Architects. 2 Inst. § 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 the Owner or others for obligations of the Contractor that are 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. AIA Document A3127, — 2010. The American Institute of Architects. 3 Init. § 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: Name and Title: Address Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AIA Document A312", — 2010. The American Institute of Architects. 4 Init. AIA Document A312TM Payment Bond CONTRACTOR: (Name, legal status and address) Peters Construction Corporation 901 Blackhawk Rd PO Box 2940 Waterloo, IA 50704 OWNER: (Name, legal status and address) City of Waterloo 715 Mulberry Street Waterloo IA 50703 2010 Bond Number 54-205740 SURETY: (Name, legal status and principal place of business) United Fire & Casualty Company PO Box 73909 Cedar Rapids, IA 52407 CONSTRUCTION CONTRACT Date: October 6, 2015 Amount: One Hundred Thirty-two Thousand Three Hundred Eighteen & no/100ths ($132,318.00) Description: 15054 - Waterloo Center for the Arts Schoitz Room Renovation (Name and location) BOND Date: October 6, 2015 (Not earlier than Construction Contract Date) This document has important legal consequences. Consultation with an attomey 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. 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. Amount: One Hundred Thirty-two Thousand Three Hundred Eighteen & no/100ths ($132,318.00) Modifications to this Bond: I V' None CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Peters Construction Corporation Signature: Name and T tlet,pow �• ��r 0 See Section 18 SURETY Company: (Corporate Seal) United Fire & Casualty Company Nancy DAaltutat, Attorney -in -Fact Signature: Name and Title: (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY — AGENT or BROKER: LaMair-Mulock-Condon Co. 4200 University Avenue #200 West Des Moines IA 50266 Name, address and telephone) OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) InVision Architecture, LTD P O Box 1800 Waterloo IA 50704 AIA Document A312TM — 2010. The American Institute of Architects. 061110 5 Init. § 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. AIA Document A312 ' — 2010. The American Institute of Architects. 6 Init. § 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 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. AIA Document A312T, — 2010. The American Institute of Architects. 7 Init. § 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 CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AIA Document A3121,4 — 2010. The American Institute of Architects. 8 UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA UNITED FIRE & INDEMNITY COMPANY, GALVESTON, TX FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN,CA CER111+1 H,D;COPY OF POWER OF ATTORNEY (original on file at. Home Office of Company - See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organised and existing under the laws of the State of Iowa; UNTIED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL PACIFICINSURANCE COMPANY, d ooa corporation duly organizededar pand .existing under the laws of the State of California. (herein.MELVYN. HI;'YUBETd2the ORu.GREEGGesT.aLA MAIR, OR NANCYrate D. BALTU Aers inT OR IMRIt; E. KEAIRState of NES, OR does PATRICK and apoint DUFF,' OR JEFFREY R. BAKER, OR JOSEPH I. SCHMIT, OR JILL SHAFFER., ALL INDIVIDUALLY of WEST DES MOINES IA Inquiries: Surety Department' 118 Second Ave SE Cedar Rapids, IA 52401 their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seat and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $100,000, 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force arid effect until revoked by UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, AND FINANCIAL >PACIFIC INSURANCE COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of UNITED FIRE &' CASUALTY 'COMPANY,KITED FIRE & INDEMNITY COMPANY, and FINANCIAL` PACIFIC' INSURANCE COMPANY. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attomey-in-Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal,. when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attomey-in-fact. "`trs,l,,,""'/ tttttt"""tt/, IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its $� 6 . Sga j , �cx•-•WSL i• Q ; Shy �� ¢ O 1 , ,ii.....tS ORpoygioes:� ;vice president and its corporate seal to be hereto affixed this 10t h day of March, 2014 Vi 3.1% 198B 1y` / •52o II. State ofIowa, County of Linn, ss: By: UNITED FIRE & CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY ice President On 10th day of March, 2014, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRE & CASUALTY COMPANY, a Vice: President of UNTIED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board ofDirectors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. Judith A. Davis Iowa Notarial Seat Commission number 173041 My commission n My Commission Expires 4/23/2015 Notary Public ires: 4/23/2015 I, David A. Lange, Secretary of UNI1El) FIRE & CASUALTY COMPANY and Assistant Secretary of r 1'1'El) FIRE & INDEMNITY COMPANY, and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions: of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON HIP IN THE HOME OFFICE OF SAID CORPORATI€:NS, and that the same are correct transcripts thereof, and of the whole of the said originals,' and that the said Power of Attorney has not been revoked andis now in full force and effect. In testimony whereof;I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 6th day of October 20 15 BPOA0049 0913 Secretary, OF&C Assistant Secretary, OF&I/FPIC Form 830240wd 04-08 D Iowa Department of Transportation Change Order No. 1 Non -Substantial: Substantial: Contract Accounting No.:07-8815-729 Kind of Work: Traffic Signals Contractor: K & W Electric You hereby authorize the following changes to the contract documents. A - Description of change to be made or extra work to be done: 7001- Reduce Bore Conduit item which is part of L.S. Signalization. 7002- Increase amount of conduit trenching which is part of L.S. Signalization. 7003- Quantity of mulching used iz zero. 7004- Quantity of Seeding used is zero. 7005- Increase Removal of Sidewalk. 7006- Increase PCC Concrete for Sidewalk. B – Reason for change or extra work: Part Non - Part N ❑ ❑ ❑ Concurrence Date County: Black Hawk Project No: SRTS-U-8155(729)-8U-07 Date Prepared: September 22, 2015 7001- At southwest comer conduit was trenched instead of boring. Boring was not feasible 7002- At southwest comer conduit was trenched instead of being bored. 7003- Insignificant amount of soil was disturbed. No Mulching was needed. 7004- Insignificant amount of soi. No Seeding and Fertulizing was needed. 7005- At southwest comer sidewalk had to be removed to lay conduit. 7006- At southwest comer sidewalk that was removed had to be reinstalled. (Continued on reverse side) Approved: Director, Office of Systems Engineering Date Project Engineer Receipt is acknowledged of this modification and terms of settlement are hereby agreed to. Approved contingent upon funds being available under the existing project agreement or upon additional Federal -aid funds being made available by a modified project agreement. Date Contractor By: Date Date For the Division Administrator Federal Highway Administration Approved: Assistant Construction Engineer Date DISTRIBUTION: Project Engineer— Forward original to District. District — Nonsubstantial — Forward original and one copy to the Office of Construction and two copies back to the Project Engineer. - Substantial - Forward original and two copies to the Office of Construction. Form 830240wd 04-08 C-1 —Settlement for cost of work to be made as follows: 7001- Credit $300 7002- $200 7003- Credit $600 7004- Credit $600 7005- $636.10 7006- $2067.32 C-2 — Justification for cost(s) 7001- 25 ' @ 12/ft = $300 per schedule of unit prices for Signalization L.S. item. 0.290 % of the signalization L.S. price 7002- 25 ' @ 8/ft = $200 per schedule of unit prices for Signalization L.S. item. 0.193% of the of the signalization L.S. price 7003- Used quantity is zero. 7004- Used quantity is zero. 7005- Two sidewalk sections 4.5'x6'+ 4.5'x5.5'=> 6.361 SY @ $100/SY contract unit price $636.10 7006- Two sidewalk sections 4.5'x6'+ 4.5'x5.5'=> 6.361 SY @ $325/SY contract unit price $2067.32 D - ITEMS INCLUDED IN CONTRACT E - ITEMS NOT INCLUDED IN CONTRACT If Credit, Add "CR" Change No. Line Item Number Unit Price Quantity Amount 7001 Traffic Signalization-2525-0000100 $103,500.000 CR %0.290 CR $300.00 7002 Traffic Signalization-2525-0000100 $103,500.000 %0.193 $200.00 7003 Mulching, Bonded Fiber Matrix -2601-2634105 $6,000.000 CR 0.100 CR $600.00 7004 Seeding and Fertilizing -2601-2636044 $6,000.000 CR 0.100 CR $600.00 7005 Removal of Sidewalk -2511-7526004 $100.000 6.361 $636.10 7006 Sidewalk, P.C. Concrete, 4"- 2515-6745600 $325.000 6.361 $2,067.32 TOTAL $1,403.42 E - ITEMS NOT INCLUDED IN CONTRACT If Credit, Add "CR" Change No. Item Description Item Number Function Code Unit Price .xxx Quantity .xxx Amount .xx TOTAL