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HomeMy WebLinkAboutFailor Hurley Construction-10/20/2014Init. OtAmer' *AIA TeaDocument A101 — 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Twentieth day of October 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, Iowa 50703 and the Contractor: (Name, legal status, address and other information) Failor Hurley Construction 3337 Mamie Avenue Waterloo, IA 50701 for the following Project: (Name, location and detailed description) 14085 Byrnes Park Tennis Center 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 TTM -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 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 14:27:25 on 10/15/2014 under Order No.6138499489_1 which expires on 07/19/2015, and is not for resale. User Notes: (1447655000) 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. § 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.) April 30, 2015 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 14:27:25 on 10/15/2014 under Order No.6138499489_1 which expires on 07/19/2015, and is not for resale. User Notes: (1447655000) Init. 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 Ninety-nine Thousand Five Hundred Eleven Dollars and Zero Cents ($ 99 511.00 J, 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.) N/A § 4.3 Unit prices, if any: (Idents 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 day of the month. thirty (30 ) days after the Architect submits the Application for Payment. 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", — 2007. Copyright © 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 14:27:25 on 10/15/2014 under Order No.6138499489_1 which expires on 07/19/2015, and is not for resale. User Notes: (1447655000) Init. 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 DocumentA201-2007 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 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 Tr - 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 14:27:25 on 10/15/2014 under Order No.6138499489_1 which expires on 07/19/2015, and is not for resale. User Notes: (1447655000) Init. 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 [ ,XJ 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) Travis Nichols Waterloo Leisure Services 1101 Campbell Ave Waterloo, Iowa 50701 § 8.4 The Contractor's representative: AIA Document A101 TM - 2007. Copyright ©1915, 1918, 1925, 1937,1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. 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 1427:25 on 10/15/2014 under Order No.6138499489_1 which expires on 07/19/2015, and is not for resale. User Notes: (1447655000) Init. (Name, address and other information) William Failor 3337 Mamie Avenue 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: Number 1 Title Date Date 10.06.14 Pages 36 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: AIA Document A1017" — 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 AIN) Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA® 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 14:27:25 on 10/15/2014 under Order No.6138499489_1 which expires on 07/19/2015, and is not for resale. User Notes: (1447655000) Init. 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 ofALA Document A201-2007.) This Type of insurance or bond General Liability Automobile Liability Worker's Compensation Umbrella Liability eement entered into as Limit of liability or bond amount ($0.00) $1.000,000 Combined Sinale Limit per occurrence; $1.000.000 Aaareaate. $1.000.000 Combined Single Limit Statutory Benefits; $100.000 Coveraae B $1.000.000 Combined Sinale Limit; $2.000.000 Aaareaate the day and year first written above. (Printed name and title) � n CO CTO (Signature) William W. Failor President (Printed name and title) AIA Document A101 TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. 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 14:27:25 on 10/15/2014 under Order No.6138499489_1 which expires on 07/19/2015, and is not for resale. User Notes: (1447655000) FORM OF BID OR PROPOSAL BYRNES PARK TENNIS CENTER 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 I A , 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 Byrnes Park Tennis Center, all in accordance with the above -listed documents and for the bid and altemates. 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) KJlNETy NIM Thousein FtV r-tur4OR.O Ei.ve.t.1 dollars ($ 9q ,511. ), in lawful money of the United States of America. c) We have included the required security deposit as required by the Instruction to Bidders. CONTRACT TIME a) Complete the Work by April 31st, 2015 or earlier. ALTERNATES a) Alternate No. 1: Concrete sidewalks & paving as shown on site plan. ADD T -ti-tovsw.w Two uumaRRo N,N ., route dollars ($ 10 121 ® ), in lawful money of the United States of America. 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 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. Byrnes Park Tennis Center Project # 14085 Waterloo, Iowa 00 41 00 FORM OF BID OR PROPOSAL Page 1 of 3 4. Security in the sum of 5°10 Dollars ($ ) in the form of &,i0 &i o 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. I Date iolto��y 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. cAl K ktu LE'f Concs'teo = BY: c i tokok(Name of Bidder) ate) Official Address: (Including Zip Code): 3312-1 v1 MN►E Av vc Title: TESIAsmr VQ eLOO, IA 50-1oi Bymes Park Tennis Center Project # 14085 Waterloo, Iowa 00 41 00 FORM OF BID OR PROPOSAL Page 2 of 3 I.R.S. No. 26p -026188f Byrnes Park Tennis Center Project # 14085 Waterloo, Iowa 00 41 00 FORM OF BID OR PROPOSAL Page 3 of 3 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 9th day of October ,2D 14 for Byrnes Park Tennis Center 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 furnish a bond for his faithful performance of saki 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 shalt, 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 time within 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 9th day of October , A.D. 2gt_21214 Failor Hurley Construction, Inc. (seal) Principal . L �/i% M+kgrL nret-Sort -.00,401L"_-// Anne Crowner Di one R. Youn! Atto ey--fact By - ` : ' �/ ��� (Title) c a., ,A 01 s ,.13' North Am an Speci . I y'Insurance (§empany Surety Byrnes Park Tennis Center Waterloo, Iowa Project # 14085 0D 41 0D FORM OF BID BOND - Page tof1 €: �.-lirir. nFz .Y - ,.Y; zE�`. « n e .. �� � �'sti >�;�'� �Y,�•;� r.:�«., � ,,� ,s-...>.�..� ,: �e�:u, �':a'�s tre��s�''�:�«�� �r�a.s�-a`'�,i?.�': 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 Attorney -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: Bid Bond Obligee: City of Waterloo Bond Amount: See Bond Form Bond Description: Byrnes Park Tennis Center, Waterloo, Iowa, Project No. 14085 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 Attomey 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 Attomey 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 Attomey 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." By Steven P. Anderson, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company Bydg�yj}J�'jLF .�---- David M. Layman, Vice President ofb'ashington Jntemntional Insurance Company & Vice President of North American Specialty Insurance Company tea+ 0stp% 417. 2j�, a.r SEALala i=i im may. lotte 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 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. "OFFICIAL SEAL" 4 DONNA D.SKLENS Notary Public, State of Illinois 4 My Commission Expires 10/06/2015 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. ss: &2ho Donna D. Sklens, Notary Public IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 9th day of October ,20- 4 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & Assistant Secretary of North American Specialty Insurance Company MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM Prime Contractor Name: FAti,o2 CoN3cte 00'4. 44 Project: &f(tupg ?hex Letting Date: ioiai •-1 NO MBE/WBE SUBCONTRACTORS: If you are NOT using any MBE/WBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasible with , is p,.ject. If any MBE/WBE subcontractors will be used, please use the bottom portion of this form. Contractor Signature: �'/. Air.(Ac. Title: TRES' Date: I o la ii.4 Wtt,t.towl w. FML or2 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. TABLE OF INFORMATION SHOWING BIDDER'S PRE-BID MBE/WBE 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 ArLks PA( NG (MC. 01I2t4/-4 ,I n IQ I4 f,,-/ NGS (Form CCO-4) Rev. 06-20-02 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of to w A County of BLACK 1-(Av c ) w tt-L i PQM VJ • t - r AiLo(.. , being first duly sworn, deposes and says that: )ss 1. He is O(�w Partner, Officer, Representative, or Agent) , of cA«o+e- NuftLts/ CoNs,tzvcmo,.l , 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, repr sentative , own s mployees, or parties in interest, including this affiant. (Signed) 1,0,„4 • -P1QESiO -r Title Subscribed and sw�% n 4 be ore if this 9 day of OcTot ES-rinwi t / Peo4Ec-r M/kniPCC-C& Title My commission expires , 2014. e•A' . MARK D NELSON YCOPAIMSSION 1�REs PAARCH 19, Byrnes Park Tennis Center Project # 14085 Waterloo, Iowa 00 41 00 NON -COLLUSION AFFIDAVITS Page 1 of 2 Project No.: 14085 Project Name: Byrnes Park Tennis Center Exhibit A Specification Specification Sections Pages Division 00 - Procurement and Contracting Requirements 15 Division 01 - General Requirements 20 Project No.: 14085 Project Name: Byrnes Park Tennis Center Exhibit B Drawings Sheet No. Sheet Title Drawing Date General Architectural A1.1 Floor Plan, Ceiling Plan, Roof Framing, Foundation Plan & Site Plan September 15, 2014 A5.01 Details, Elevations & Sections September 15, 2014 Bond No. 2189485 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Failor Hurley Construction, Inc. of Waterloo, IA (hereinafter called the Principal), and North American Specialty Insurance Company of Manchester, NH (hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter called the Obligee), in the penal sum Ninety Nine Thousand Five Hundred Eleven & No/100 Dollars ($ 99,511.00 ), lawful money of the United States, to payment of which sum, well and truly to be made, the Principal here firmly binds himself/themselves, his/their heirs, executors, and administrators, and the said Surety binds himself, his successors, assigns, executors, and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, WHEREAS the above bounden Principal did, on the 211h day of October 2014, enter into a written contract with the City of Waterloo, Iowa, for the construction of , a copy of which contract, together with all of its terms, covenants, conditions, and stipulations, is incorporated herein and made a part hereof as full and completely as if said contract were recited at length herein; and * 14085 Byrnes Park Tennis Center, Waterloo, Iowa WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons, firms or corporations having contracts directly with the Principal or with subcontractors, all just claims due them for labor performed or materials furnished in the performance of the contract on account of which bond is given when the same are not satisfied out of the portion of the contract price which the public corporation is required to retain until completion of the public improvement, but the Principal and Surety shall not be liable to said persons, firms, or corporation unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. Now, if the Principal shall in all respects fulfill his said contract according to the terms and tenor thereof, and shall satisfy all claims and demands incurred for the same, and shall fully indemnify and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Obligee all outlays and expenses which it may incur in making good any such default, then the obligation is to be void and of no effect, otherwise to remain in full force and effect. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent without notice: 1. To any extension of time to the contract in which to perform the contract. 2. To any change in the plans, specifications, or contract when such change does not involve an increase of more than twenty percent (20%) of the total contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. Byrnes Park Tennis Center Project# 14085 Waterloo, Iowa 00 41 00 FORM OF PERFORMANCE BOND Page 1 of 2 IN WITNESS WHEREOF, we have hereunto set our hands and seals this'20thday of October 2014 Failor Hurley Construction, Inc. Principal By: North American Speciate Insurance Company Sur, Attomey-in-Fact Dion Byrnes Park Tennis Center Project # 14085 Waterloo, Iowa 00 41 00 FORM OF PERFORMANCE BOND Page2of2 Bond No. 2189485 FORM OF PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Failor Hurley Construction, Inc. (Name of Contractor) 3337 Marnie Avenue, Waterloo, IA 50701 (Address of Contractor) a Corporation and (Corporation, Partnership or Individual) , hereinafter called Principal, North American Specialty Insurance Company (Name of Surety) 650 Elm Street, Manchester, NH 03101 (Address of Surely) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) 715 Mulberry Street, Waterloo, IA 50703 (Address of Owner) Ninety Nine Thousand Five Hundred Eleven & No/100 herein after called OWNER, in the penal sum of A Dollars, $( 99,511.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the 20th day of October 2014 , a copy of which is hereto attached and made a part hereof for the construction of: 14085 Byrnes Park Tennis Center, Waterloo, Iowa NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. Byrnes Park Tennis Center Project # 14085 Waterloo, Iowa 00 41 00 FORM OF PAYMENT BOND Page 1 of 2 PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in wmen shall be deemed an original, this the 20th 2014 ATTEST: (Principal) Secretary (SEAL) Witness as to Principal 3337 Marnie Avenue (Address) Waterloo, IA 50701 AT'1"EST: Witness as to Surety P.O. Box 9207, Cindy Bennett 3 (number) day of October counterparts, each one of Failor Hurley Construction, Inc. Principal By (s) 3337 Mamie Avenue (Address) Waterloo, IA 50701 North erican Special urance Company Suret Attorney -in- Y act Di e Young Holmes Murphy & Associates, Inc. (Address) es Moines, IA 50306-9207 P.O. Box 9207, Des Moines, IA 50306-9207 (Address) NO 1 B: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. Byrnes Park Tennis Center Waterloo, Iowa Project # 14085 00 41 00 FORM OF PAYMENT BOND Page 2 of 2 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: JAY D. FREIERMUTH, CRAIG E. HANSEN, BRIAN M. DEIMERLY, SHIRLEY S. BARTENHAGEN, CINDY BENNETT, ANNE CROWNER, TIM McCULLOH, STACY VENN, LACEY CRAMBLIT and DIONE R. YOUNG JOINTLY OR SEVERALLY Its true and lawful Attorney(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 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." ouiittitki Egi SEAL Ifl' 1973 col= -. te•on y StevenStP. Anderson, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company By David M. Layman, Vice President of Washington 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 this25t11 day of January , 2013 State of Illinois County of Cook ss: North American Specialty Insurance Company Washington International Insurance Company 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. "OFFICIAL SEALr A JO DONNA D. SKLENS < Notary Public, State of Illinois Donna D. Sklens, Notary Public t My Commission Expires 10/06/2015 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 20th day of October , 20 14 . Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company FAILO-1 OP ID: JT '4� �® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYY1� 10/1612014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERCT Phone: 319-233-6103 The Sinnott Agency, Inc. 622 W 4th St, PO Box 1918 Fax: 319-234-8133, Waterloo, IA 50704 Daniel Sinnott NAM: E NAME: Sinnott PHONE FAX (AIC, No.Exo, 319-233-6103 (AIC, No): 319-234-8133 hlAIL moms: Dans@sinnottagency.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:Allied/Nationwide Insurance Co 42579 INSURED FAILOR HURLEY CONSTRUCTION 3337 MARNIE AVE WATERLOO, IA 50701 INSURER B : ACP7172740029 INSURER C : 06/04/2015 INSURER D : $ 1,000,000 INSURER E : $ � 100 000 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY � (MMIDDIYYYY) LOIARS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X ACP7172740029 06/04/2014 06/04/2015 EACH OCCURRENCE $ 1,000,000 DAMAGEPREMISES {TOEa RENTED ce) occurren $ � 100 000 CLAIMS-MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE 7 POLICY X LIMIT APPLIES Tei PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS ACP7172740029 06/04/2014 06/04/2015 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident)$ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA UAB EXCESS LIAR X OCCUR CLAIMS -MADE ACP7172740029 06/04/2014 06/04/2015 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A ACP7172740029 06/04/2014 06/04/2015 X TWCYMTITS OER- E.L. EACH ACCIDENT $ 500,000 E.L DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 A INLAND MARINE EQUI ACP7172740029 06/04/2014 06/04/2015 RENTED/ 50,000 LEASED DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) WHEN REQUIRED IN WRITTEN CONTRACT, ADDITIONAL INSURED UNDER THE GENERAL LIABILITY POLICY INCLUDING COMPLETED OPERATIONS PER FORMS CG7323, CG7246. PROJECT: 14085 BYRNES PARR TENNIS CENTER CERTIFICATE HOLDER CANCELLATION 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 REPRESENTATIVE D4 get kett ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. 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