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HomeMy WebLinkAboutAspro, Inc-3/26/2012CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT for 2012 HIGHLAND PARK BASKETBALL & TENNIS COURT PROJECT This Contract made and entered into this 26th day of March 2012, 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 2012 Highland Park Basketball & Tennis Court Project as 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. Instruction to Bidders d. Signed copy of Bid e. General Conditions f. Specifications g. Drawings 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 ten (10) 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. 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. CONTRACT Page 1 of 2 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. 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: The Sum of Eighty -Nine Thousand, Seventy -Five Dollars & 00/100 ($89,075.00) City of Waterloo, Iowa, i„0//447%-ee Mayor City Clerk CONTRACTOR: ASPRO, INC. Name of Contractor Earnest G. Clark, Mayor Printed Name and Title Suzy Schares, City Clerk Printed Name and Title /iL7 04/triv:e// Printed Name Approved by the City Council of the City of Waterloo, Iowa, this 26th day of March, 2012. ATTEST: I. Copy — Mayor City Clerk 2. Copy — Contractor 3. Copy — Leisure Services CONTRACT Page 2 of 2 Bond No. 2156822 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Aspro, Inc. , of Waterloo IA (hereinafter called the Principal), and North American Specialty Insurance Company of Manchester , NH (hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter coed the Obligee), in the penal sum of Eighty Nine Thousand Seventy Five and No/100----------- ($' 89,075.00 ), 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 saki Surety binds Mmseff, 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 ‘5,/,', of 2012, enter into a written contract with the City of Waterloo, Iowa, for the construction of 2012 Highland Park Basketball & Tennis Court Pro'ect a copy of which contract, together with all of its terms, covenants, conditions, and stipulations,; is Incorporated herein and made s part hereof as full and completely as if said contract were recited at length herein; and 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 famished In the performahce of the contract on account of which bond Is given when the same are not safisfled out of the portion of the contract price which the public corporation is required to retain until completion of the public lnprovement, but the Principal and Surety shall* not be liable to said persons, toms, 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 alt 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. FORM OF BOND PAGE 10P 2 PAGES' 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 plaits, specifications, or contract when such change. does not involve an increase of more than twenty percent (20%) of the total contract price, and shall Bien be released only as to such excess increase, 3. That no provision of this bond or of any other contract shall be valid which Arnits 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 tkne such work was accepted. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of .49/1,2, ,2O. Aspro, Inc. North American Specialty Insurance Company Surety i1r' _Fact Anne Crowner, Attomey-in-fact FORM OF SOND PAGE 2 OF 2 PAGES Bond No. 2156822 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Aspro, Inc. (Name of Contractor) P.O. Box 2620, Waterloo, IA 50704 (Address of Contractor) a 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 (Nam of Owner) 715 Mulberry Street, Waterloo, IA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of `* Dollars, $( 89,075.00 ) *" Eighty Nine Thousand Seventy Five and No/100 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, r day of . k, c H 20,12 , a copy of which is hereto attached and made a part hereof for the construction of: 2012 Highland Park Basketball & Tennis Court Project 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, FURil lila, 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 olaim may be unsatisfied IN WiNNLSS HEREOF, this instrument is executed in 6 counterparts, each one of (number) which shall be deemed an original, this the day of irvw,c /a 20 12 ATTEST: Aspro, Inc. Principal IfYwniArran 7-1 Secretary I By Witness as to Principal P.O. Box 2620 (Address) Waterloo, IA 50703 ATTEST: Witness as to Surety Cindy Bennett P.O(/7.14). ox 2620 (Address) Waterloo, IA 50703 North American Specialty Insurance Company Bysr- i itoruey-tn-Fact Anne Crowner, Attomey-in-fact P.O. Box 9207 (Address) P.O. Box 9207 Des Moines, IA 50306-9207 (Address) 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. 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 LAURE GUISINGER 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 24th of March, 2000: "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 attomey 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 Attomey or to any certificate relating thereto by facsimile, and any such Power of Attomey 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." 4:14P0J14jaG F ;s By ga? SEAL I fig- Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance Company 'ilk 1973 ry� _ 4-161 , & Senior Vice President of North American Specialty Insurance Company By David M. Layman, Senior Vice Presidenfof 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 this20th day of March , 2012 . State of Illinois County of Cook ss: North American Specialty Insurance Company Washington International Insurance Company On this 20th day of March , 20 12 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior 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" DONNA D. SKLENS Notary Public, State of Illinois My Commission Elaine 10/Ofd2Ot5 Donna D. Sklens, Notary Public I, James A. Carpenter , 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/ day ofi;' ,4lr , 20 12 James A Carpenter, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company OP ID: EC J4WRL CERTIFICATE OF LIABILITY INSURANCE � °��'M°° 11 11104!11 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 certfficate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 615-3094200 AHROLD FAY ROSENBERG, INC. 604 Locust St., Ste. 800 615-3094226 Des Moines, IA 503094713 Drew J. Ahrold C NAME:ONTAc FAx Esti: (, No): fs-MAIL ADDRESS: PRODUCER ASPRO-1 CUSTOMER ID d; INSURER(S) AFFORDING COVERAGE NAIC tl INSURED Aspro, Inc. P.O. Box 2620 Waterloo, IA 50704 INSURERA:EMC Insurance Companies 21415 INSURER B INSURER C : 12/01/11 INSURER D : EACH OCCURRENCE INSURER E : 1,000,000 INSURER F : RENTED. PREMISES okxurrerx:e PREMISS ( Ea ) 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 TYPE OF INSURANCE ADDL INSR SUER WVD POUCY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDD/YYYY1 LIMITS A A A GENERALUABIUTY COMMERCIAL GENERAL LIABILITY OCCUR X 9D81383 12/01/11 12/01/12 EACH OCCURRENCE $ 1,000,000 X RENTED. PREMISES okxurrerx:e PREMISS ( Ea ) $ 100,000 CLAIMS-MADE X MED EXP (Any one person) $ 5,000 X Contracutal Liab PERSONAL & ADV INJURY $ 1,000,000 X XCU Included GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 POLICY X E° LOC Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 9E81383 12/01/11 12/01/12 (Ea COMBBIINEEDj SINGLE LIMIT dentA $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ X X $ $ A X UMBRELLA B EXCESS UAB X OCCUR CLAIMS -MADE 9J81383 12/01/11 12/01/12 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 _ DEDUCTIBLE REI ENTION $ 10000 $ X $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS Y / N N / A 9M81383 12/01/11 12/01/12 X V C STATU OTH TORY LIMITS ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace 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 6401ezi,--040-‘e.- ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD