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HomeMy WebLinkAboutAspro Inc-10/14/2013 (2)CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT for FY2014 SULLIVAN PARK BASKETBALL COURT PROJECT This Contract made and entered into this 14th day of October 2013, by and between the City of Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and Aspro, Inc., hereinafter referred to as Contractor, WITNESSETH: Par. 1 The Contractor shall furnish all supervision, technical personnel, labor, materials, and equipment to perform all work required for the FY2014 Sullivan Park Basketball Court Project described in the specifications and shown on the plans. Par. 2 The Contract Documents shall consist of the following: a. This Agreement b. Notice of Hearing c. Signed Copy of Bid d. Specifications e. Davis Bacon and Related Acts Requirements 1. Federal Clauses 2. Davis Bacon Poster 3. Federal Wage Determination Rates 4. Wage Reporting form (submitted weekly) 5. Performance Bond 6. Payment Bond 7. Section 3 These documents form the Contract and are all fully a part of the Contract as if attached to this Contract or repeated herein. Par. 3 The Contractor agrees to commence the work within forty-five (45) days after the issuance of "Notice to Proceed" and complete the work within the given time frame. Par. 4 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water, traffic and protecting any excavation in any street or alley and maintaining proper and sufficient barricades with lights and signals during all hours of darkness and agrees to see that the backfilling is properly done and agrees to keep the City whole and defend any suits that may be brought against it by reason of any injuries that may be sustained by any person on account of doing this work by the Contractor and any agents of the Contractor. CONTRACT page 1 of 2 Par. 5 The Contractor agrees that in case a suit is brought against the City for damages sustained by reason of any act, omission or negligence of the Contractor or its agents or on account of any injuries sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly and agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and any and all persons who may use the project. Par. 6 The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. Par. 7 The Contractor agrees to pay punctually all just claims of labor, material, men or Subcontractors, who perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor and lien waivers are received. It is agreed that the City shall bear no liability for payments due for labor or materials under this contract. Par. 8 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor: Sum of Twenty -Four Thousand, Six Hundred Fifty Dollars and 00/100 ($24,650.00) City of Waterloo, Iowa 7(9A-61 E finest G. Clark, Mayor Aspro, Inc. / ✓ Milt ovich, President Suzy Schares, ity Clerk Approved by the City Council of the City of Waterloo, Iowa, this 14th day of October 2013. A9EST: . Lc4 ') City Clerk CONTRACT page 2 of 2 Bond No. 2174426 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Aspro, Inc. of Waterloo, IA (the "Principal"), andNorth American Specialty Insurance Companyof Manchester, NH (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal Sum of —Twenty Four Thousand Six Hundred Fifty & no/100— Dollars ($ —24,650.00— ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about O "T / y 2013 for the purpose of FY2014 Sullivan Park Basketball Court Project, Waterloo, IA The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: Performance Bond Page 1 of 2 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. ff the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of 0 c-7 / j' 2013 PRINCIPAL SURETY Aspro, Inc. North American Specialty Insurance Company Name Name Title: /' . s) t7 h N'r' Title: Anne Crowner, Attomey-in-fact [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 2 of 2 Bond No. 2174426 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Aspro, Inc. a (Name of Contractor) P.O. Box 2620, Waterloo, IA 50704 (Address of Contractor) Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and North American Specialty Insurance Company (Name of Surety) 650 Elm Street, Manchester, NH 03101 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) 715 Mulberry Street, Waterloo, IA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of_T FC"`T"—nd.iHunfred.N.-/100Dollars, $( —24,650.00— ) 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 /9 day of d C T o /' e i2 2013 , a copy of which is hereto attached and made a part hereof for the construction of: FY2014 Sullivan Park Basketball Court Project, Waterloo, IA 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. 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 three (3) counterparts, each one of (number) which shall be deemed an original, this the / �/ day of 0 C 6 /3 t R 2013 ATTEST: (SEAL) LLA Principal) Secretary Vh �(Lr\ Witness as to trrl 'pal P.O. Box 262 (Address) Waterloo, IA 50704 Witness as to Surety one 1 our) Holmes Murphy & Associate , Inc. (Address) P.O. Box 9207, Des Moines, IA 50306-9207 Aspro, Inc. Principal P.O. Box 2620 (Address) Waterloo, IA 50704 North A,' can Specialty Insurance Company Surety B IP VW IOW' Attomey-in-Fact Anne Crowner Holmes Murphy & Associates, Inc. (Address) P.O. Box 9207, Des Moines, IA 50306 -9207 - NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. g IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. .44 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 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 Intemational 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." 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 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 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. ss: North American Specialty Insurance Company Washington International Insurance Company 1"OPFICIAD "OFFICIAL- r t DONNASRLENS Notary Public, State of Illinois My Commission Ex 10105120/5 a:Aim 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 / y day of 0 et 9 8 , 20 13 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company OP ID: EC A�OI�O CERTIFICATE OF LIABILITY INSURANCE DATE(MIIVDOlYYYY) 11/16/12 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 poiicy(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 1(eu of such endorsement(s). PRODUCER515-309-6200MNEaCT AHROLD FAY ROSENBERG, INC.515309 5225 604 Locust St., Ste. 800 Des Moines, IA 60309.3713 Drew J. Ahrold POLICY NUMBER PHONE FAX (arc. No, Ext!: (Arc No): E-MAIL ADDRESS: CUSTOMER ASPRO-1 CUSTOMER @ $; INSURER(S) AFFORDING COVERAGE NAC 0 INSURED Aspro, Inc. P.O. Box 2620 Waterloo, IA 50704 INSURER A:EMG Insurance Companies 21415 INSURERS INSURER C : 12101/12 INSURER D : EACH OCCURRENCE INSURER E : 1,000,000 INSURER F : DREMISES AMAGES ((ERaENTED Poccurrence) c • 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. INSLTR LTR TYPE OF INSURANCE ADDL. H R SUBR wvo POLICY NUMBER POLICY EFF (MA11D0lYYYY) POLICY EXP (G6NE/DD/YYYYj LIMITS A A A GENERAL LJAB(UTY COMMERCIAL GENERAL LIABILITY OCCUR X 9D81383 12101/12 12/01113 EACH OCCURRENCE $ 1,000,000 X DREMISES AMAGES ((ERaENTED Poccurrence) $ 100,000 CIAIMS-MADE X MED EXP (Any one person) $ 5,000 X Contractual Liab PERSONAL &ADV INJURY $ 1,000,000 X XCU included GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT POLICY X PFRCT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 7 Loc Emp Ben. $ 1,000,000 A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS _ 9E81383 12101/12 12101/13 COMBINED SINGLE LIMIT {Ea accident) $ 1,000,000 BODILY INJURY (Per Person) $ BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA 11A13 EXCESS UAB X OCCUR CLAIMS -MADE 9J81383 12/01/12 12101113 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DEDUCTIBLE RETENTION $ 10,000 $ X $ A WORKERS COMPENSATION AND EMPLOYERS' UABiLITY ANYPROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? {Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS YIN N 1 A 9M81383 12101112 12/01113 X WG STATU OTH- TORY LOAITS ER I I below E.LEACHACC(DENT $ 500,000 EL. DISEASE - EA EMPLOYEE $ 500,000 EL DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule 8 more space Is required) Certificate holder is an additional insured with respect to any and all work performed by the named insured. CERTIFICATE HOLDER CANCELLATION CITY -11 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CM�`reGr��tw�� ACORD 25 (2009109) 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT for FY2014 SULLIVAN PARK BASKETBALL COURT PROJECT This Contract made and entered into this 14th day of October 2013, by and between the City of Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and Aspro, Inc., hereinafter referred to as Contractor, WITNESSETH: Par. 1 The Contractor shall furnish all supervision, technical personnel, labor, materials, and equipment to perform all work required for the FY2014 Sullivan Park Basketball Court Project described in the specifications and shown on the plans. Par. 2 The Contract Documents shall consist of the following: a. This Agreement b. Notice of Hearing c. Signed Copy of Bid d. Specifications e. Davis Bacon and Related Acts Requirements 1. Federal Clauses 2. Davis Bacon Poster 3. Federal Wage Determination Rates 4. Wage Reporting form (submitted weekly) 5. Performance Bond 6. Payment Bond 7. Section 3 These documents form the Contract and are all fully a part of the Contract as if attached to this Contract or repeated herein. Par. 3 The Contractor agrees to commence the work within forty-five (45) days after the issuance of "Notice to Proceed" and complete the work within the given time frame. Par. 4 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water, traffic and protecting any excavation in any street or alley and maintaining proper and sufficient barricades with lights and signals during all hours of darkness and agrees to see that the backfilling is properly done and agrees to keep the City whole and defend any suits that may be brought against it by reason of any injuries that may be sustained by any person on account of doing this work by the Contractor and any agents of the Contractor. CONTRACT page 1 of 2 Par. 5 The Contractor agrees that in case a suit is brought against the City for damages sustained by reason of any act, omission or negligence of the Contractor or its agents or on account of any injuries sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly and agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and any and all persons who may use the project. Par. 6 The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. Par. 7 The Contractor agrees to pay punctually all just claims of labor, material, men or Subcontractors, who perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor and lien waivers are received. It is agreed that the City shall bear no liability for payments due for labor or materials under this contract. Par. 8 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor: Sum of Twenty -Four Thousand, Six Hundred Fifty Dollars and 00/100 ($24,650.00) City of Waterloo, Iowa F�rnest G. Clark, Mayor Suzy Sch s, City Clerk arc Aspro, Inc. Milt11 kovich, President Approved by the City Council of the City of Waterloo, Iowa, this 14th day of October 2013. City Clerk CONTRACT page 2 of 2 Bond No. 2174426 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Aspro, Inc. of Waterloo, IA (the "Principal"), and North American Specialty Insurance Companyof Manchester, NH (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of --Twenty Four Thousand Six Hundred Fifty & no/100— Dollars ($ —24,650.00— ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about G G i / / 2013 for the purpose of FY2014 Sullivan Park Basketball Court Project, Waterloo, IA . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every, Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: Performance Bond Page 1 of 2 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. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of 0 c 7 / l 2013 , PRINCIPAL Aspro, Inc. Name By: /nil) Title: Xlet s i0 EA/ -7 - SURETY / SURETY North American Specialty Insurance Company Name Title: Anne Crowner, Attomey-in-fact [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. _aF-- r5' IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 2 of 2 Bond No. 2174426 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Aspro, Inc. (Name of Contractor) P.O. Box 2620, Waterloo, IA 50704 a (Address of Contractor) Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and North American Specialty Insurance Company (Name of Surety) 650 Elm Street, Manchester, NH 03101 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) 715 Mulberry Street, Waterloo, IA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of-Fow.....v&nio--Dollars, $( —24,650.00— ) 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 / day of G c7 -0/36v; 2013 , a copy of which is hereto attached and made a part hereof for the construction of: FY2014 Sullivan Park Basketball Court Project, Waterloo, IA 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. 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 three (3) counterparts, each one of (number) which shall be deemed an original, this the / J day of o f TO ,3 t'k 2013 ATTEST: (SEAL; rincipal) Secretary Witness as to P,i'in ipal P.O. Box 262 (Address) Waterloo, IA 50704 ATTEST: Witness as to Surety )Dione ' oq,, Holmes Murphy & Associate Inc. 9 (Address) P.O. Box 9207, Des Moines, IA 50306-9207 Aspro, Inc. By Principal (Address) Waterloo, IA 50704 North A erican Specialty Insurance Company A ey-in-Fact Anne CroW6er Holmes Murphy & Associates, Inc. (Address) P.O. Box 9207, Des Moines, IA 50306-9207 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. • IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. "OFRcw.SEAL" 4 DONNAD.SKLENS Notary Public, State of Illinois ' My Commission Expires .101060154 411 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 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 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." trylj ��Nql sBy �GOA kf •G SEAL l)5 Steven P. Anderson, Senior Vice President of Washington International Insurance Company SEAL 4'% 3 .§ 1973 ilia g & Senior Vice President of North American Specialty Insurance Company ? By Layman, David M. I.e Vice President of Washington Internatlonal 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 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. ss: North American Specialty Insurance Company Washington International Insurance Company 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 / L/ day of 0 6)7-1' ", 20 13 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company OP ID: EC "k •Rci- CERTIFICATE OF LIABILITY INSURANCE DA'E`a�°DYYTY) 11/16112 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 15 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). PRODUCER515309-6200 AHROLD FAY ROSENBERG, INC.515-309-6225 604 Locust St., Ste. 800 Des Moines, IA 50309-3713 Drew J. Ahrold µAAMEat f PHONE FAX Fort. No. Ear): (NC, No): E-MAIL ADDRESS: CUSSTOM Io #, ASPRO-1 INSURER(S) AFFORDING COVERAGE RAC R INSURED Aspro, Inc. P.O. Box 2620 Waterloo, IA 50704 INSURER A:EMC Insurance Companies 21415 INSURER B : 9D81383 INSURER C : 12/01/13 INSURER D : 5 1,000,000 INSURER E : PREMISES Ea ante) INSURER F : COVERAGES CERTIFICA' • 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 I5 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 NSR SUER WVD POLICY NUMBER POLICY EFF (MWDNYYYY) POLICY EXP (MM!DOJYYYY) LUSTS A A A GENERAL LWBILnV COMMERCIAL GENERAL LIABILITY OCCUR X 9D81383 12/01/12 12/01/13 EACH OCCURRENCE 5 1,000,000 X PREMISES Ea ante) $ 100,000 CLAIMS -MADE X HIED EXP (Any one person) $ 5,000 X Contractual [Jab PERSONAL & ADV INJURY 5 1,000,000 X XCU Included GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY X J£COi ri LOC PRODUCTS - COMP/OP AGG $ 1,000,000 Emp Ben. $ 1,000,000 A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 9E81383 12/01/12 12/01113 COMBINED SINGLE LIMIT (Ea accident) 5 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ X $ $ A X UMBRELLA UAB EXCESS LIAR X OCCUR CLAIMS -MADE 9J81383 12/01112 12/01/13 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DEDUCTIBLE RETENTION 5 10,000 $ X $ A WORKERS COMPENSATION AND EMPLOYERS' LIA8ILITY Y 1 N ANY PROPRIETOR/PARTNER/EXECUTIVE IT OFFICER!MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A 9M81383 12101112 12/01113 X WC STATU- OTH- TORY LA>r,ITS ER E.L EACH ACCIDENT $ 500,000 EL. DISEASE - EA EMPLOYEE $ 500,000 EL DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS /LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule If more space Is required) Certificate holder is an additional insured with respect to any and all work performed by the named insured. CERTIFICATE HOLDER CANCELLATION CITY -11 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009109) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD