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AIA Document A101 TM 2007
Standard Form of Agreement Between Owner and Contractor where the basis of
payment is a Stipulated Sum
1 AGREEMENT made as of the Fourth day of February in the year Two Thousand Fourteen
(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)
Failor Hurley Construction
3337 Mamie Ave
Waterloo, IA 50701
Telephone Number:119 34 3 19 ' %3 ' 3®$ 4I
Fax Number: 349-9&84804 3t ct 5 - 30 3'1
for the following Project:
Name, location and detailed description)
12046 City of Waterloo Council Chamber 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 N-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 N — 2007. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1987,1974,1977,1987,1991,1997 and 2007 by The American
Institute of Archftects. AB 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 ANA software at 16:34:54 on 01/30/2014 under Order No.6121083127 1 which expires
on 07/19/2014, and is not for resale.
User Notes:
(1868849059)
Init.
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"
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.
I§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than one hundred (100 ) 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 A1011. — 2007. Copyright O 1915,1918,1925,1937,1951, 1958, 1981, 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 16:34:54 on 01/302014 under Order No.6121083127_1 which expires
on 07/19/2014, and Is not for resale.
User Notes: (1868649059)
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 fiords for the Contractor's performance of the
Contract. The Contract Sum shall be One Hundred Ninety-four Thousand Five Hundred Dollars and Zero Cents ($
194,500.00 ), 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. If the 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: Replace existing electrical panel with a new panel as described in the plans and specifications. ADD
$5,500.00
§ 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:
(Identify 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.)
§ 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
AIA Document A101 r' — 2007. Copyright ®1915,1918,1925, 1937, 1951, 1958, 1981, 1983, 1987, 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 Intemational 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 ANA software at 16:34:54 on 01/30/2014 under Order No.6121083127_1 which expires
on 07/19/2014, and is not for resale.
User Notes: (1888849059)
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 percent ( %).
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 A201T"-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 World to reduce or limit the retainage resulting from 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 A101'1 - 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 byAlA software at 16:34:54 on 01r3D/2014 under Order No.6121083127_1 which expires
on 07/19/2014, and Is not for resale.
User Notes: (1868849059)
ARTICLE 6 DISPUTE RESOLUTION
§ 6.1 INITIAL DECISION MAKER
The Architect will serve as Initial Decision Maker pursuant to Section 152 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
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.clark@waterloo-ia.org
§ 8.4 The Contractor's representative:
(Name, address and other information)
AIA Document A101 — 2007. Copyright m 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1983, 1987, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. AO rights reserved. WARNING: This AIA° Document is protected by U.B. 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 16:34:54 on 01/30/2014 under Order No.6121083127 1 which expires
on 07/19/2014, end is not for resale.
User Notes: (1868649059)
William W Failor
Failor Hurley Construction
3337 Marnie Ave
Waterloo, IA 50701
§ 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, if any.
Title Date
Number Date Pages
1 1.23.14 7
2 1.24.14 2
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:
AIA Document A101" - 2007. Copyright ®1915,1918,1925,1937,1951,1958,1981,1983,1987,1974,1977,1987,1991,1997 end 2007 by The American
Institute of Architects. All rights reserved. CNARNING: 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 et 16:34:54 on 01/30/2014 under Order No.6121083127_1 which expires
on 07/19/2014, and is not for resale.
User Notes: (1888849059)
Init.
1
.1 AIA Document E201114-2007, 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 bid,
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 Bond
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 ofAIA 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; $2,000,000 Aggregate
This Agreement entered into as of the day and year first written above.
OWNER (Signature)
CreveSt- 0i
(Printed name and title)
4-4
C CTOR (L";Signature)
William W Failor. President
(Printed name and title)
AW Document A101" — 2007. Copyright O 1915, 1918, 1925, 1937, 1951, 1958, 1981, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized
reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the
maximum extent possible under the law. This document was produced byAlA software at 16:34:54 on 01/30/2014 under Order No.6121083127_1 which expires
on 07/19/2014, and is not for resale.
User Notes:
(1888849059)
7
DOCUMENT 00 41 00
BID FORM
THE PROJECT AND THE PARTIES
1.01 TO:
A. Owner
1. City of Waterloo, Iowa
1.02 FOR:
A. City Council Chamber Renovation
1.03 DATE: 11'21/11-4 (Bidder to enter date)
1.04 SUBMITTED BY: (Bidder to enter name and address)
A. Bidder's Full Name cAti ole_ t-(uleLaNt GoriSc2uc.Xlio*7
1. Address 5331 MAR.i1 lir. Qu ft1•3
2. City, State, Zip W+P.12k.00 tt 50-7o
1.05 OFFER
A. Having examined the Place of The Work and all matters referred to in the Instructions to
Bidders and the Contract Documents prepared by INVISION and MODUS for the above
mentioned project, we, the undersigned, hereby offer to enter into a Contract to perform the
Work for the Sum of:
Fax Syct-883.3051
Phone 3tq - BSS- '303 to
B.
()Nis 14utrt0R.En Ftf,*41-y r.ttNIE -rt..103.5SANt0
dollars
C. ($ 19° 000 , ), in lawful money of the United States of America.
D. We have included the required security deposit as required by the Instruction to Bidders.
E. All applicable taxes are excluded from the Bid Sum.
1.06 ACCEPTANCE
A. This offer shall be open to acceptance and is irrevocable for thirty days from the bid closing
date.
B. If this bid is accepted by Owner within the time period stated above, we will:
1. Execute the Agreement within seven (7) days of receipt of Notice of Award.
2. Fumish the required bonds within seven (7) days of receipt of Notice of Award.
3. Commence work within seven (7) days after written Notice to Proceed of this bid.
1.07 CONTRACT TIME
A. If this Bid is accepted, we will:
B. Complete the Work in too calendar days from Notice to Proceed.
(Bidder to enter number of days.)
1.08 ALTERNATES - SEE SECTION 01 23 00
A. Alternate No. 1: Replace existing electrical panel with new panel.
1. ADD r i‘r E-°ypo5ikvirz, E NA oQEa dollars.
($ ' Soo. 2 ), in lawful money of the United States of America.
City of Waterloo
City Council Chamber Renovation
Waterloo, Iowa
Project # 12046
00 41 00
BID FORM
Page 1 of 2
1.09 ADDENDA
A. The following Addenda have been received. The modifications to the Bid Documents noted
below have been considered and all costs are included in the Bid Sum.
1. Addendum # t Dated i t2.%//4
2. Addendum # Z Dated i /2.4 riy
3. Addendum # Dated
4. Addendum # Dated
1.10 BID FORM SIGNATURE(S)
A. CrAtLo2 i--1uRua`r
(Bi dpr jJ{rint the II na
B.
(A
Cvs .15tex XtiarJ
your firm)
orized signin dffi er, Title)
L.i.1441 1' m40/4y END OF DOCUMENT
City of Waterloo
City Council Chamber Renovation
Waterloo, Iowa
Project # 12046
00 41 00
BID FORM
Page 2 of 2
FORM OF BID BOND:
KNOW ALL MEN BY THESE PRESENTS, that we, Failor Hurley Construction, Inc.
as Principal, and. North American Specialty Insurance Company
as Surety are held and firmly. bound unto the CITY OF WATERLOO , Iowa, hereinafter called
"OWNER." In the penal sum —Five Percent of Amount of Bid—
Dollars ($ ---5%— ) lawful money of the United States, for the payment
of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally, firmly by these presents. The condition of this obligation is such that
whereas the Principal has submitted the accompanying bid dated the 27th day of
January , 2014 , for City of Waterloo City Council Chamber Renovation
NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified
and shall fumish a bond for his faithful performance of said contract, and for the payment of all persons
performing labor or furnishing materials in connection therewith,and shall in all other respects perform the
agreement created by the acceptance of said Bid,
Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly
understood and agreed that the liability of the Surety for any and all claims hereunder stall, in no event,
exceed the penal amount of this obligation as herein stated.
By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation
of damages sustained in the event that the- Principal fails to execute the contract and provide the bond as
provided in the. specifications or by law.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its
bond shall be in no way impaired or affected by any extension of the timewithin which the Owner may
accept such Bid or execute such contract; and said Surety does hereby waive notice of any such
extension.
IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and
such of them as are corporations, have caused their corporate seals to be hereto affixed and these pres-
ents to be signed by their proper officers this 27th, of January , A. p, ma 2014
ess Evi pRkrz P. IQ ELS or --J
CA \
Witness Stacy
Failor Hurley Construction, Inc.
Principal
By
OWL L.1404
North American S • ecia
urety
Dione R. Young
i1.41/1..
(Seal)
(Title)
Pis etir
ra ce Com • an (Seal)
Att
-fact
City of Waterloo
City Council Chamber Renovation
Waterloo, Iowa
Project # 12046-
00 41 00
FORM OF BID BOND
Page 1 of 1
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of.New .Hampshire, and havingitsprincipal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg, Illinois, each does hereby make, constitute and appoint:
JAY D. FREIERMUTH, CRAIG E. HANSEN, BRIAN M. DEIMERLY, SHIRLEY S. BARTENHAGEN,
CINDY BENNETT, ANNE CROWNER, TIM McCULLOFI STACY VENN, LACEY CRAMBLIT and DIONE R. YOUNG
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: FIFTY MILLION ($50,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 9s' of May, 2012:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
aossiIIII,,iy
y'5 By
Et}. SEAL . log Steven P. Anderson, senior Vice President of Washington Intcmatlonal Ii nranee Company
EiT,� 1973 •oJ "7 & Senior Vice Prc,b gut of North American Sway rn n Company
By
David NI. Layman, Wee President ur Washington Intonational Insurance Company
& Viae President of North American Specially Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this25th day of January , 2013 .
State of Illinois
County of Cook
On this 25th day of January , 2013 • before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman ,
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
.0 ALS AL
&DONNAD:.MEM
WatairyPublic, Sti of Illinois ! Donna D. Sklens, Notary Public
r1► Commisilo «iims.ltl�bP2DI3
ss:
North American Specialty Insurance Company
Washington International Insurance Company
ALui, W' -o
I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 27th day of January , 20 14 .
Jeffrey Goldberg, Vim President & Assistant Sesniary of
Washington International Insurance Company & Nottb Americom Specialty Insurance Company
MBEIWBE BUSINESS ENTERPRISE
PRE-BID CONTACT INFORMATION FORM
Prime Contractor Name: cpk►Log, F(L,zy vc.-rn* Project: Crr t oG 1�fArc c.
Letting Date:
(t4 .:racw CrtAM .. RENoVAnor4
NO MBF.ANBE SUBCONTRACTORS: If you are NOT using any MBEM/BE subcontractors to complete this project, sign below. Attach a brief
explanation as to why subcontracting was pa feasible with this project. If any MBE/WBE subcontractors will be used, please use the bottom
portion of this form. 11.11164 Contractar Signature:Tide: �r M ars,2.� f �R�s.1�Cr MIp l2 -Date: I
SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the information on this form
showing ALL of your MBE/WBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions
should be directed to Contract Compliance Office 319-291-4429.
You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your MBE/WBE Business
Enterprise Contacts made prior to your bid submission. This information is subject to verifications and confirmation.
If you are unable to identify MBE/WBE firms to perform portions of the work, please contact Louis Starks, Contract Compliance Officer, for
assistance at (319) 291-4429.
In the event it is determined that the MBE/WBE Business Enterprise goals are not met, then before awarding the contract the City of Waterloo will
make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals.
j /21)1,4
TABLE OF INFORMATION SHOWING BIDDER'S PRE-BID
MBEIWBE BUSINESS ENTERPRISE CONTACTS
Quotes Received Quotation used in bid
MBE/WBE
Subcontractors
Dates
Contacted
Yes/No
Dates
Contacted
Yes/No
Dollar Amount Proposed to
be Subcontracted
Al ,AS fA,NTdr4Q INC.
i 12.1114
I•40
I j21`i•-1
11/4(p
Texee.R<S
1(2211,4
No
i 124`i•4
R,10
--
Pea WAu.
1I12/ M
No
t 12.14 /61
Ngyp
(Form CCO-4) Rev. 06-20-02
NON -COLLUSION AFFIDAVIT OF PRIME BIDDER
State of l ow A
County of at.Acx. 1 -IP vC.
)ss
Ki ItA4Am W
W. FA+t.o2. being first duly swom, deposes and says that
1. He is (Owner. Partner. Officer. Representative. or Agent) , of (A..,. I-Ivat.e.v
C.o4as4t2ucnoa , the Bidder that has submitted the attached Bid;
2. He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
3. Such Bid is genuine and is not a collusive or sham Bid;
4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a
collusive or sham Bid in connection with the Contract for which the attached Bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communication or conference with any
other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or,
to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to
secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage
against the City of Waterloo, Iowa, or any person interested in the Proposed Contract and
5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its
agents, re resentat ves, ers, employees, or parties in interest, including this affiant
(Signed) / A
e.`*AM . i/[. , heira)r.
Title
Subscribed and swom to before me this 2't day of JAs3uA.Ry , 201'4.
ft1_614C. 1: 1, L ...1
Title
My commission expires i+4AeCH 19 Zoites
p:021MARKDNELSOii!;� SWIMS
, MARCH 19, MI6
City of Waterloo
City Council Chamber Renovation
Waterloo, Iowa
Project # 12046
00 41 00
NON -COLLUSION AFFIDAVITS
Page 1 of 2
Project No.: 12046
Project Name: City of Waterloo Council Chamber Renovation
Exhibit A
Specification
Specification Sections
Pages
Division 00 - Procurement and Contracting Requirements
52
Division 01 - General Requirements
27
Division 02 - Existing Conditions
1
Division 05 - Metals
3
Division 06 - Wood, Plastics and Composites
4
Division 07 - Thermal and Moisture Protection
2
Division 08 - Openings
7
Division 09 - Finishes
8
Division 10 - Specialties
3
Division 11 - Equipment
2
Division 12 - Furnishings
1
Division 22 - Plumbing
15
Division 26 - Electrical
39
Division 27 - Communications
19
Division 28 - Electronic Safety and Communications
14
Project No.: 12046
Project Name: City of Waterloo Council Chamber Renovation
Exhibit B
Drawings
Sheet No.
Sheet Title
Drawing Date
General
Architectural
G0.01
Title Sheet
January 15, 2014
A0.02
Opening Schedule & Wall Sections
January 15, 2014
AD1.12
Second Floor Demolition Plan
January 15, 2014
A1.21
Second Floor Plan
January 15, 2014
A4.01
Interior Elevations
January 15, 2014
A5.01
Details
January 15, 2014
A6.21
Second Floor Reflected Ceiling Plan
January 15, 2014
A7.21
Second Floor Finish Plan
January 15, 2014
Code Review
Electrical
Mechanical
Mechanical/Electrical
ME1
MEP Cover Sheet, Demo Plan
January 15, 2014
ME2
MEP Plans
January 15, 2014
ME3
Schedules and Details
January 15, 2014
Structural
Bond No. 2177560
Document A312TM — 2010
Conforms with The American Institute of Architects AIA Document 312
Performance Bond
CONTRACTOR:
(Name, legal status and address)
Failor Hurley Construction, Inc.
3337 Marnie Avenue
Waterloo, IA 50701
OWNER:
(Name, legal status and address)
City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
CONSTRUCTION CONTRACT
Date: February 4, 2014
Amount: $ 194,500.00
SURETY:
(Name, legal status and principal place of business)
North American Specialty Insurance Company
650 Elm Street
Manchester, NH 03101
Mailing Address for Notices
475 North Martingale Road, Suite 850
Schaumburg, IL 60173
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.
One Hundred Ninety Four Thousand Five Hundred Dollars and 00/100
Description:
(Name and location)
12046 City of Waterloo City Council Chamber Renovation
BOND
Date: February 4, 2014
(Not earlier than Construction Contract Date)
Amount $194,500.00
Modifications to this Bond:X� None
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Failor atior Hurley Construction, Inc.
mature
,rale
and Title: -
1/(%l+ -t+/401
!' 4e:$ /4r.
One Hundred Ninety Four Thousand Five Hundred Dollars and 00/100
See Section 16
SURETY
Company:.
(Corporate Seal)
North Amerin Specialty Insu
j
Signatur
Name Attorney -in -Fact
and Title:
ce ompany
Dione R. Young
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORMATION ONLY —Name, address and telephone)
AGENT or BROKER:
Holmes Murphy & Associates, Inc.
3001 Westown Parkway
West Des Moines, IA 50266
515 223-6800
S-1852/AS 8/10
OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party:)
INVISION Architecture, LTD
501 Sycamore #101, P.O. Box 1800
Waterloo, IA 50704-1800
s
§ 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 docs 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 perforin 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.
S-1852/AS 8/10
§ 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 lithe 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 Surcty, 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 alt 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 tern Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
S-1852/AS 8/10
§ 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:
Signature: Signature:
(Corporate Seal)
Name and Title: Name and Title:
Address Address
S-1852/AS 8/10
Bond No. 2177560
Document A312 TM ® 2010
Conforms with The American Institute of Architects AIA Document 312
Payment Bond
CONTRACTOR:
(Name, legal status and address)
Failor Hurley Construction, Inc.
3337 Marnie Avenue
Waterloo, IA 50701
OWNER:
(lame, legal status and address)
City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
CONSTRUCTION CONTRACT
Date: February 4, 2014
Amount: $194,500.00
SURETY:
(Nance, legal status and principal place of business)
North American Specialty Insurance Company
650 Elm Street
Manchester, NH 03101
Mailing Address for Notices
475 North Martingale Road, Suite 850
Schaumburg, IL 60173
This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modlficatlbn.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
One Hundred Ninety Four Thousand Five Hundred Dollars and 00/100
Description:
(Name and location)
12046 City of Waterloo City Council Chamber Renovation
BOND
Date: February 4, 2014
(Not earlier than Construction Contract Date)
Amount: $ 194, 500.00
Modifications to this Bond:XQ None
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Fa l&r Hurley Cons ruction, nc.
Signature:
1vamc_
and Title:
One Hundred Ninety Four Thousand Five Hundred Dollars and 00/100
LI See Section 18
SURETY
Company:
(Corporate Seal)
North Americjn,Specialty Insure pompany
Signature ® a
Dione R. Young
Name Attorney -in -Fact
and Title:
(Any additional signatures appear on the last page of this Payment Bond.)
(FOR INFORMLATIONONLY —Narne, address and telephone)
AGENT or BROKER:
Holmes Murphy & Associates, Inc.
3001 Westown Parkway
West Des Moines, IA 50266
515 223-6800
S-2149/AS 8/10
OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party)
INVISION Architecture, LTD
501 Sycamore #101, P.O. Box 1800
Waterloo, IA 50704-1800
§ 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 thc Contractor shall have no obligation under this Bond.
§ 3 Inhere 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 perfonnance 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, Hen or suit.
§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 6.1 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).
§ 6,2 Claimants, who arc 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 thc Surety and Claimant have reached agreement.
If, however, the Surety faits 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.
S-2149/AS 8/10
§ 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 eompetent 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 thc 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, thc intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
§ 16 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;
.6 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 CIaimant for labor, materials or equipment furnished as of the date of the Claim;
.7 the total amount ofprevious 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 thc 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 thc jurisdiction where the
labor, materials or equipment were furnished.
§ 16.3 Construction Contract. The agreement between the Owner and Contractor identified on thc cover page, including all Contract Documents
and all changes made to the agreement and the Contract Documents.
S-2149/AS 8/10
§ 16A 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
S-2149/AS 8110
t
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance
Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,
Illinois each does hereby make, constitute and appoint: Dione R Young
Its true and lawful Attomey-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, the following surety bond:
Principal: Failor Hurley Construction, Inc. Bond Number: 2177560
Obligee: City of Waterloo Bond Amount: See Bond Form
Bond Description: 12046 City of Waterloo City Council Chamber Renovation
Provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of:
FIFTY MILLION ($50,000,000) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on
the 9th of May, 2012:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in
the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is
authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
ott1 nwiArj��77
Q Q a•ig,
Eat - SEAL '9m
0 % - 1973 q e`
By
Steven P. Anderson, Senior Vice President of Washington International Insurance Company
& Senior Vice President of North American Specialty Insurance Company
By ...
David M. Layman, Vice President o ashington International Insurance Company
& Vice President of North American Specialty Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 25th day of May 2012 .
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook
On this 25th day of May 20 12 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally
known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said
instrument to be the voluntary act and deed of their respective companies.
ss:
e..-�-
s "OFFICIAL SEAL"
DONNAD.SKLENS
Notary Public, State of IDinois
My Commission Expires 10/06/2015
Donna D. Sklens, Notary Public
I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 4th day of February , 2014
Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company &
Assistant Secretary of North American Specialty Insurance Company
FAILO-1
OP ID: JT
'4AMIDDMIY
�., -- CERTIFICATE OF LIABILITY INSURANCE
°A'�`' "
02/05/145/14
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).
TPRODUCER
eO Sin ott A envy, Inc 319-233-6103
622 W 4th St O Box 1918 319-2344133
Waterloo,o 704
Sin
cT Dan Sinnott
PAUL Ex* 319-233-6103 r, , No), 319-2344133
ss: Dans@sinnottagency.comDe
INSURER(S) AFFORDING COVERAGE
NAIC S
INSURER A : Allied/Nationwide Insurance Co
42579
INSURED FAILOR HURLEY CONSTRUCTION
3337 MARNIE AVE
WATERLOO, IA 50701
INSURER B :
ACP7162740029
INSURER C :
06/04/14
INSURER D :
$ 1,000,000
INSURER E :
$ 100,000
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
•
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR
LTR
TYPE OF INSURANCE
INSR
INSR
SUER
WVD
POLICY NUMBER
POLICY EFF
(MMIDDNYYY)
POLICY EXP
(MMIDDIYYYY)
LIMITS
A
GENERAL
X
LIABILITY
COMMERCIAL GENERAL LIABIUTY
X
ACP7162740029
06/04/13
06/04/14
EACH OCCURRENCE
$ 1,000,000
DAMAGE TO RFJ ITED
PREMISES (Ee ocwrrence)
$ 100,000
CLAIMS -MADE
X
OCCUR
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GEM AGGREGATE LIMIT APPLIES PER:
7 POUCY I I I JEC fl LOC
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
A
AUTOMOBILE
X
LWBILnY
ANY AUTO_
SOSALL ED
HIRED AUTOS
SCHEDULEDBODILY
AUTOS
NON -OWNED
AUTOS
ACP7162740029
06/04/13
06/04/14
CO(Ea BIKED INGLE LIMB
$ 1,000,000
BODILY INJURY (Per person)
$
INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
$
A
X
UMBRELLA LIAR
EXCESS LAB
X
OCCUR
CLAIMS -MADE
ACP7162740029
06/04/13
06/04/14
EACH OCCURRENCE
$ 4,000,000
AGGREGATE
$ 4,000,000
DED
RETENTION $
$
A
WORXERSAND EMPLOYERS' LIABILITY MPENSATION
ANY PROPRIETORIPAR� Y / N
OFFICERIMEMBER EXCLUDED? n
(Mandatory In NH)
If yea, describe under
DESCRIPTION OF OPERATIONS below
N / A
ACP7162740029
06/04/13
06/04/14
X
TORY LIMITS
ER
E.L EACH ACCIDENT
$ 500,000
EL DISEASE - EA EMPLOYEE
$ 500,000
E.L DISEASE - POLICY LIMIT
$ 500,000
A
INLAND MARINE EQUI
ACP7162740029
06/04/13
06/04/14
RENTED/ 50,000
LEASED
DESCRIPTION OF OPERATIONS 1 L TIONS 1 VEHICLES ACORD 101 Additional Remarks Schedule, more space Is required)
PROJECT: 12046 CITY OF WATERLOO COUNCIL CHAMBER I ER RENOVATION
ARCHITECTURE,ARIN BWRITTEN
X 1800 WATERRLOb IA 50704 ((ARCHITEC O AREAREINCLUDED AS N
ADDITIONAL INSUREDS UNDER THE GENERAL LIABILITY POLICY PER CG732311/11 AND
CG2007 07/04.
CERTIFICATE HOLDER
ACORD 25 (2010105)
@ 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
CITYWLO
CITY OF WATERLOO
715 MULBERRY ST
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 RREPRESENTATIVE
4 g,....-tti
ACORD 25 (2010105)
@ 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
EQUAL OPPORTUNITY CLAUSE
(As provided in Executive Order No. 11246)
All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City
and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as
follows:
1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate
against any employee or applicant for employment because of race, color, creed, sex, national
origin, economic status, age, mental or physical handicap, political opinions or affiliations. The
contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to
ensure that applicants are employed and that employees are treated during employment without
regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or
physical disability, political opinions or affiliations. Such actions shall include but not be limited to
the following:
a. Employment
b. Upgrading
c. Demotion or Transfer
d. Recruitment and Advertising
e. Layoff or Termination
f. Rates of Pay or Other Forms of Compensation
g. Selection for Training Including Apprenticeship
2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or
advertisements for employees, state that all qualified applicants will receive consideration for
employment without regard to race, creed, color, sex, national origin, religion, economic status,
age, mental or physical disabilities, political opinion or affiliations.
3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative
will send to each labor union or representative of workers which he/she has a collective bargaining
agreement or other contract or understanding, a notice advising said labor union or workers'
representative of the contractor's commitment under this section.
4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all
published rules, regulations, directives, and order of the City of Waterloo Affirmative Action
Program Contract Compliance Provisions.
5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file
compliance reports within such time and upon such forms as provided by the Affirmative Action
Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of
each subcontractor as well as the contractor himself/herself and said contractor, subcontractor,
vendor and supplier will permit access to his/her employment books, records and accounts to the
City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this
contract and with rules and regulations of the City's Affirmative Action Program—Contract
Compliance Provisions relative to Resolution No. 24664.
6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract
or with any of such rules, regulations and orders, this contract may be canceled, terminated or
suspended in whole or in part and the contractor may be declared ineligible for further contracts in
accordance with procedures authorized by the City Council.
City of Waterloo
City Council Chamber Renovation
Waterloo, Iowa
Project # 12046
00 41 00
EQUAL OPPORTUNITY CLAUSE
Page 1 of 2
7. The contractor, subcontractor, vendor and supplier of goods and services will include, or
incorporate by reference, the provisions of the non-discrimination clause in every contract,
subcontract or purchase order unless exempted by the rules, regulations or orders of the City's
Affirmative Action Program, and will provide in every subcontract, or purchase order that said
provisions will be binding upon each contractor, subcontractor, or supplier.
8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in
employment. Any person who applies for employment with our company will not be discriminated
against because of race, creed, color, sex, national origin, economic status, age, mental or
physical disabilities.
(Signed)
(A•propriatOfficial)
President
(Title)
February 5, 2014
(Date)
City of Waterloo
City Council Chamber Renovation
Waterloo, Iowa
Project # 12046
00 41 00
EQUAL OPPORTUNITY CLAUSE
Page 2 of 2
RESIDENT BIDDER CERTIFICATION
CONTRACT NO: 12046
PROJECT NAME: City of Waterloo Council Chamber Renovation
DATE OF LETTING: February 3. 2014
To be a qualified resident bidder, the person, operation, partnership or firm shall not have, as employees,
Illinois laborers on the work site of a non -federal -aid project within Iowa. An Illinois laborer is any person
who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident. This
applies to all labor on the project; whether skilled, semi -skilled or unskilled; whether manual or non -
manual. This also applies to work subcontracted by or to the resident bidder on a non -federal -aid project
within Iowa. The resident bidder may place on such work no more than three residents of Illinois who are
regularly employed executive and technical experts.
This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the
work site until this project is completed.
I hereby certify that no Illinois resident laborer as defined above will be employed at the work site during
the contract period from the start of the project until its completion.
COMPANY NAME: Failor Hurley Qo
CORPORATED OFFICER:
TITLE: President
n truction,
William . Failor
DATE: February 6, 2014
City of Waterloo
City Council Chamber Renovation
Waterloo, Iowa
Project # 12046
00 41 00
RESIDENT BIDDER CERTIFICATION
Page 1 of 1
INFORMATION NEEDED
FOR
IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE
CONTRACTOR NAME: FAILOR HURLEY CONSTRUCTION
ADDRESS: 3337 MARNIE AVENUE
WATERLOO, IA 50701
(Check One) PRIME X SUBCONTRACTOR
FEDERAL ID#: 26-0259889
PROJECT NAME: CITY OF WATERLOO COUNCIL CHAMBER RENOVATION
PROJECT CONTRACT NO.: 12046
DESCRIPTION OF WORK:
Brickwork
Carpentry
Concrete
Drywall -Plaster -Insulation
Electrical
Excavation/Grading
Flooring
Heavy Construction
Heating -Ventilating -Air Cond.
Landscaping
Painting
Paving
Plumbing
Roofing -Siding -Sheet Metal
Windows
Wrecking -Demolition
Other (Please specify)
GENERAL CONSTRUCTION
City of Waterloo
City Council Chamber Renovation
Waterloo, Iowa
Project #12046 00 41 00
SALES TAX EXEMPTION INFORMATION FORM
Page 1 of 1
CONSTRUCTION
February 6, 2014
InVision Architecture
P.O. Box 1800
Waterloo, IA 50704
Attn: Ms. Lisa Kinzebach
Subj: City of Waterloo Council Chamber Renovation
Lisa,
The suppliers and subcontractors we propose to use on the subject project are as follows:
Suppliers
Epco Ltd., Inc.
Haycraft Cabinet
Doors, Inc. Swaledale
Stainless Plus Welding & Fabrication
Subcontractors
Eddy's Glass & Door
Wall Solutions, Inc.
Commercial Flooring Co.
Modern Painting, Inc.
Allied Construction Services
National Contractors, Inc.
Andy's Plumbing & Heating, Inc.
Community Electric, Inc.
Toilet Accessories & Projection Screens
Finish Carpentry & Wood Veneer Paneling
HM Frames, Flush Wood Doors, & Door Hardware
Stainless Steel Fabrications
Glazing (08 80 00)
Gypsum Board Assemblies (09 21 16)
Acoustical Ceilings (09 51 00)
Tiling (09 30 00)
Resilient Flooring, Base, & Accessories (09 65 00)
Tile Carpeting (09 68 13)
Painting & Coating (09 90 00)
Operable Partitions (10 22 26)
Roller Window Shades (12 24 13)
Mechanical (Division 22)
Electrical (Divisions 26, 27, & 28)
Please feel free to contact us if you have any comments or concerns.
Sincerely,
FAIL R HU L CONSTRUCTION
Mark D. Nelson
Estimator/Project Manager
3337 Marnie Avenue, Waterloo, IA 50701 I Office 319-883-3036 I Fax 319-883-3037 I FailorHurley.com
February 6, 2014
InVision Architecture
P.O. Box 1800
Waterloo, Iowa 50704
Attn: Ms. Lisa Kinzebach
Subj: City of Waterloo Council Chamber Renovation
Lisa,
Our Schedule of Values for the subject project is as follows:
Demolition $ 8,115.00
Metal Fabrications $ 6,935.00
Rough Carpentry $ 510.00
Finish Carpentry & Wood Veneer Paneling $ 19,100.00
Doors, Frames, & Hardware $ 6,990.00
Glazing $ 12,650.00
Gypsum Board Assemblies $ 14,110.00
Acoustical Ceiling $ 4,490.00
Tiling & Floorcoverings $ 15,285.00
Painting & Coating $ 2,805.00
Operable Partitions $ 17,640.00
Toilet Accessories $ 365.00
Projection Screens $ 2,400.00
Entertainment Equipment $ 3,520.00
Roller Window Shades $ 4,370.00
Mechanical $ 7,375.00
Electrical $ 62,680.00
General Conditions $ 5,160.00
Total $ 194,500.00
Please feel free to contact us if any additional information is required.
Sincerely,
FAILOR HURLEY CONSTRUCTION
CONSTRUCTION
Mark D. Nel n
Estimator/Project Manager
3337 Marnie Avenue, Waterloo, IA 50701 I Office 319-883-3036 I Fax 319-883-3037 I FailorHurley.com