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Larson Construction Co-12/29/2011
4.1 Init. ,'J IA Document A101TM - 2007 Ofi (ICC ( yL / l , Jam(/ Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the FOURTH day of JANUARY in the year TWO THOUSAND TWELVE (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) CITY OF WATERLOO IOWA 625 — GLENWOOD AVENUE WATERLOO, IOWA 53703 and the Contractor: (Name, legal status, address and other information) LARSON CONSTRUCTION COMPANY, INCORPORATED 600 — 17TH STREET SE INDEPENDENCE, IOWA 50644 for the following Project: (Name, location and detailed description) THE PROJECT CONSISTS OF CONSTRUCTION OF A 102,000 SQ. FT. ADDITION TO A 27,000 SQ. FT. EXISTING STRUCTURE. THE ADDITION WILL BE CONSTRUCTED USING CONCRETE FOOTINGS, FOUNDATIONS AND FLOORS. THE BUILDING FRAMING SYSTEM WILL BE STEEL COLUMNS, TRUSS GIRDERS AND TRUSS JOISTS OR STEEL BEAMS; INSULATED PRECAST CONCRETE PANEL EXTERIOR AND INTERIOR WALLS. LOAD BEARING AND NON -LOAD BEARING WALLS WILL SUPPORT THE PRECAST CONCRETE MEZZANINE DECK. THE MAIN OFFICE FUNCTION WILL BE CONSTRUCTED FROM A METAL BUILDING FRAME WITH NON -LOAD BEARING MASONRY WALLS. The Architect: (Name, legal status, address and other information) KUENY ARCHITECTS, LLC 10505 CORPORATE DRIVE SUITE 100 PLEASANT PRAIRIE, WISCONSIN 53158 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM -2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A101 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.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:53:27 on 01/04/2012 under Order No.2883366075_1 which expires on 06/22/2012, and is not for resale. User Notes: (1181174325) 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.) FOUR HUNDRED FIFTY-FIVE DAYS FROM THE SIGNING OF THE CONTRACT. 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 FOUR HUNDRED FIFTY-FIVE DAYS FROM THE SIGNING OF THE CONTRACT:: (455 DAYS) (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document A101 "' — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:53:27 on 01/04/2012 under Order No.2883366075_1 which expires on 06/22/2012, and is not for resale. User Notes: (1181174325) Portion of Work Substantial Completion Date GENERAL CONSTRUCTION 455 DAYS FROM THE SIGNING OF THE CONTACT , 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) N/A 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 SIX MILLION FOUR HUNDRED FIFTY-TWO DOLLARS ($ 6,452,000.00), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) ALTERNATE NUMBER TWO (2); FOR THE ADDITIONAL BUILDING BAYS TO THE EAST FROM GRID LINES 11.3 TO 5.4 AND Q.2 TO U.2. § 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item UNIT PRICE lA UNIT PRICE 1B UNIT PRICE 1C Units and Limitations Price Per Unit ($0.00) SIXTY-FIVE CUBIC SIXTY-FIVE DOLLARS YARDS SIXTY-FIVE CUBIC SIXTY-FIVE DOLLARS YARDS FIVE HUNRED FIVE HUNDRED DOLLARS CUBLIC YARDS § 4.4 Allowances included in the Contract Sum, if any: (Idents allowance and state exclusions, if any, from the allowance price.) Item Price TESTING ALLOWANCES ALLOW THE SUM OF $25,000.00 UNFORESEEN CONDITIONS ALLOW THE SUM OF $60,000.00 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 TENTH day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the LAST day of the AIA Document A101 T" — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:53:27 on 01/04/2012 under Order No.2883366075_1 which expires on 06/22(2012, and is not for resale. User Notes: (1181174325) FOLLOWING month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than ( ) 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 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 TEN percent (10%). 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 TEN percent (10 %); .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 ofAIA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended prior to Substantial Completion of the entire Work, to reduce or limit the retainage 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.) UNTIL 50 PER CENT (50%) OF THE WORK IS COMPLETED THE RETAINAGE WILL BE REDUCED BY FIVE PER CENT (5%) § 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 § 5.21 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when 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 Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA© Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:53:27 on 01/04/2012 under Order No.2883366075_1 which expires on 06/22/2012, and is not for resale. User Notes: (1181174325) .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: 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.) JON P. WALLENKAMP KUENY ARCHITECTS, LLC 10505 CORPORATE DRIVE SUITE 100 PLEASANT PRAIRIE, WISCONSIN 53158 § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201-2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) Arbitration pursuant to Section 15.4 of AIA Document A201-2007 Litigation in a court of competent jurisdiction Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) % § 8.3 The Owner's representative: AIA Document A1017°' - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:53:27 on 01/04/2012 under Order No.2883366075_1 which expires on 06/22/2012, and is not for resale. User Notes: (1181174325) (Name, address and other information) MARK RICE, DIRECTOR OF PUBLIC WORKS CITY OF WATERLOO IOWA 1314 BLACK HAWK STREET WATERLOO, IOWA 50702 § 8.4 The Contractor's representative: (Name, address and other information) LARSON CONSTRUCTION COMPANY, INCORPORATED 600 — 17TH STREET SE INDEPENDENCE, IOWA 50644 § 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: 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.) Section Title Date Pages SEE ATTACHMENT A § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number SEE ATTACHMENT B § 9.1.6 The Addenda, if any: Number ADDENDUM #1 Title Date Date Pages 10-3-11 FIVE (5) PAGES AIA Document A101"1 — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this PJA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:53:27 on 01/04/2012 under Order No.2883366075_1 which expires on 06/22/2012, and is not for resale. User Notes: (1181174325) Init. ADDENDUM #2 ADDENDUM #3 11/4/11 TWENTY-FIVE (25) PAGES 11/10/11 FIFTEEN (15) PAGES 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: .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 AND BID BOND ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 ofAIA Document A201-2007.) Type of insurance or bond AS STATED IN THE SPECIFICATIONS Limit of liability or bond amount ($0.00) This Agr ment entered into as of the day and year first written above. -9a t ER (Signature) E7te,c7 G. C4 1' "fl4yM (Printed name and title) CONTRACTOR (Signature) kiggipS (Printed name and title) AIA Document A101 Tee — 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. WANKING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale 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 taw. This document was produced by AIA software at 09:53:27 on 01/04/2012 under Order No.2883366075_1 which expires on 06/22/2012, and is not for resale. User Notes: (1181174325) ATTACHMENT "A" - SPECIFICATIONS 00020 NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS 7 pages 00100 INSTRUCTIONS TO BIDDERS 10 pages 00110C CITY OF WATERLOO FORMS (Forms required to be submitted with Bid) 126 pages 1) SALES TAX EXEMPTION INFORMATION FORM 2) FORM OF BID BOND 3) NON -COLLUSION AFFIDAVITS 4) EQUAL OPPORTUNITY CLAUSE 5) RECIPROCAL RESIDENT BIDDER PREFERENCE AND RESIDENT BIDDER CERTIFICATION 6) ITEMS OF POTENTIAL MBE/WBE PARTICIPATION i. SUBCONTRACTOR'S BID REQUEST FORM ii. LETTER FORM FOR SUBCONTRACTOR QUOTES MBE/WBE SCOPE LETTER iv. MBE AND/OR WBE PREBID CONTACT INFORMATION FORM 7) WATERLOO/CEDAR FALLS MINORITY AND WOMEN BUSINESSES ENTERPRISE CONSTRUCTION AND MAINTENANCE 8) CONTRACTOR'S GUIDE 9) STATEMENT OF BIDDER'S QUALIFICATIONS 10) FORM OF CONTRACT (AIA 101 and AIA 201) 11) FORM OF PERFORMANCE BOND 12) FORM OF PAYMENT BOND 00200 INFORMATION AVAILABLE TO BIDDERS 1 page 00220 Soil Investigation Data 50 pages 00300 BID FORMS 00310 Bid Form 8 pages 00800 SUPPLEMENTARY CONDITIONS 00810 Modifications to General Conditions 10 pages 00910 ADDENDUM #1 5 pages DIVISION 1 GENERAL REQUIREMENTS (applies to all Contractors) 01010 SUMMARY OF WORK 01020 ALLOWANCES 01025 PAYMENT AND CHANGE ORDER PROCEDURES 01030 ALTERNATES 01040 COORDINATION 01041 Project Coordination 01045 Cutting and Patching 01200 PROJECT MEETINGS 01300 SUBMITTALS 01400 QUALITY CONTROL 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01600 MATERIAL AND EQUIPMENT 01700 CONTRACT CLOSEOUT 01710 Final Cleaning 4 pages 2 pages 6 pages 3 pages 6 pages 3 pages 4 pages 6 pages 4 pages 14 pages 7 pages 9 pages 4 pages TC -2 SPECIFICATIONS FOR THE GENERAL CONTRACT DIVISION 2 SITEWORK 02050 DEMOLITION 02060 Building Demolition 02200 EARTHWORK Construction Storm Sewer Site Inspection Report 02200 — 2.2 Dust Control — 2.5 Silt Fence 02200 — 3.9 Inlet Protection 02200 — 3.14 Stabilized Construction Entrance 02500 ASPHALT CONCRETE AND PAVING 02513 Asphaltic Concrete Paving 02600 COMMON WORK RESULTS FOR UTILITIES 02660 Water Utility Distribution Piping 02700 SEWERAGE AND DRAINAGE 02720 Storm Drainage Utilities 02730 Sanitary Sewerage Utilities 02831 CHAIN LINK FENCES & GATES 02900 LANDSCAPING DIVISION 3 CONCRETE 03300 CAST -IN-PLACE CONCRETE Add new concrete (ALTERNATE #10) 03400 PRECAST CONCRETE 03410 Structural Precast Concrete (Plant Cast) DIVISION 4 MASONRY 04200 UNIT MASONRY 04500 MASONRY RESTORATION AND CLEANING DIVISION 5 METALS 05100 STRUCTURAL METAL FRAMING 05200 STEEL JOISTS AND TRUSS GIRDERS 05300 METAL DECKING 05500 METAL FABRICATIONS DIVISION 6 WOOD AND PLASTIC 06100 ROUGH CARPENTRY 06400 ARCHITECTURAL WOODWORK 06650 SOLID POLYMER FABRICATIONS DIVISION 7 THERMAL AND MOISTURE PROTECTION 07100 WATERPROOFING 07150 Dampproofing 07200 INSULATION 4 pages 10 pages 2 pages 12 pages 8 pages 2 pages 11 pages 5 pages 11 pages 8 pages 4 pages 5 pages 7 pages 3 pages 10 pages 9 pages 8 pages 6 pages 5 pages 6 pages 5 pages 5 pages 7 pages 4 pages 3 pages 4 pages 07300 SHINGLES AND ROOFING TILE 07310 Shingles 07500 MEMBRANE ROOFING 07532 Single Ply Elastomeric Sheet Roofing (Ballasted) 07600 FLASHING AND SHEET METAL 07900 JOINT SEALERS 07920 Sealants and Caulking DIVISION 8 DOORS AND WINDOWS 08100 METAL DOORS AND FRAMES 08200 WOOD DOORS AND FRAMES 08210 Wood Doors (Pre -Finished) 08300 SPECIAL DOORS 08400 ENTRANCES AND STOREFRONTS 08410 Aluminum Entrances and Storefronts 08700 HARDWARE 08800 GLAZING DIVISION 9 FINISHES 09250 GYPSUM BOARD 09300 TILE 09310 Ceramic Tile 09500 ACOUSTICAL TREATMENT 09510 Acoustical Ceilings 09650 RESILIENT FLOORING 09680 CARPET 09900 PAINTING Miscellaneous Painting (ALTERNATE #11) DIVISION 10 EQUIPMENT 10100 DISPLAY SYSTEMS 10165 SOLID PHENOLIC CORE TOILET PARTITIONS AND URINAL SCREENS 10350 FLAGPOLES 10500 LOCKERS 10505 Metal Lockers 10650 OPERABLE PARTITIONS 10655 Accordion Folding Partitions 10800 TOILET AND BATH ACCESSORIES 10810 Toilet Accessories 10990 MISCELLANEOUS SPECIALTIES Miscellaneous Equipment (ALTERNATE #12) DIVISION 11 EQUIPMENT 11142 VEHICLE WASH SYSTEM — (ALTERNATE #9) TC -3 5 pages 7 pages 4 pages 5 pages 6 pages 4 pages 7 pages 6 pages 5 pages 6 pages 6 pages 5 pages 5 pages 5 pages 5 pages 12 pages 3 pages 5 pages 4 pages 5 pages 3 pages 4 pages 2 pages 11 pages TC -4 DIVISION 12 FURNISHINGS 12500 BLINDS AND SHADES 3 pages DIVISION 14 CONVEYING SYSTEMS 14200 ELEVATORS 14602 CRANES — (ALTERNATE #7) DIVISION 15 MECHANICAL 15100 PLUMBING SYSTEMS Waste Recovery System (ALTERNATE #8) 15200 FIRE PROTECTION 15500 HEATING, VENTILATING AND AIR CONDITIONING 15015 General Requirements 15070 Hangers and Supports for Piping and Equipment 15110 Duty Valves for HVAC Piping 15190 Facility Fuel Piping 15250 HVAC Insulation 15620 Fuel Fired Heating Equipment 15730 Packaged Air -Cooled Refrigerant Compressor And Condensing Units 15760 Heating and Cooling Terminal Units 15780 Air -To -Air Energy Recovery Equipment 15795 Packaged Rooftop Units 15810 HVAC Ducts and Casings 15820 Air Duct Accessories 15830 HVAC Fans 15850 Diffusers, Registers and Grilles 15910 DDC Input / Output Summary Tables 15925 Electric Instrumentation & Control Devices 15935 Direct Digital Control System for HVAC 15940 Sequence of Operation for HVAC Controls 15950 Testing, Adjusting and Balancing for HVAC DIVISION 16 ELECTRICAL 16000 ELECTRICAL WORK 16005 Electrical Clarifications 16010 General Provisions 16111 Conduit 16112 Surface Raceway 16123 Building Wire and Cable 16130 Boxes 16140 Wiring Devices 16160 Enclosures 16170 Grounding and Bonding 16180 Equipment Wiring Systems 16190 Supporting Devices 16195 Electrical Identification 16421 Utility Service 12 pages 6 pages 28 pages 13 pages 8 pages 6 pages 2 pages 6 pages 6 pages 4 pages 4 pages 4 pages 4 pages 4 pages 6 pages 8 pages 4 pages 4 pages 5 pages 8 pages 10 pages 4 pages 4 pages 2 pages 7 pages 5 pages 3 pages 6 pages 4 pages 6 pages 2 pages 3 pages 2 pages 2 pages 2 pages 2 pages 16426 Distribution Switchboard 16441 Enclosed Switches 16461 Dry Type Transformers 16470 Panelboards 16477 Fuses 16481 Enclosed Motor Controllers 16485 Enclosed Contactors 16496 Enclosed Transfor Switch 16510 Interior Luminaires 16530 Site Lighting 16620 Package Engine Generator Systems 16721 Fire Alarm 16902 Electric Controls and Relays DIVISION 17 COMMUNICATION 17000 COMMUNICATION CABLE AND EQUIPMENT * 12-29-11 TC -5 4 pages 3 pages 3 pages 4 pages 2 pages 4 pages 3 pages 4 pages 5 pages 5 pages 6 pages 5 pages 2 pages 6 pages * * * * * * * * * * * * ATTACHMENT "B" DRAWINGS ARCHITECTURAL 1.0 Title Sheet 1.1 Existing Condltlone - Demo Site Plan 1.2 Site Layout and Pavement Plan 1.3 Site Grading Plan 1.4 Existing Utility Site Plan - Demo 1.5 Utility Site Pian 1.8 Utility Detalle 1.7 Landscape Pian 1.8 Old Building Locatlone 2.1 First Floor Plan - Bose Bid 2.1.1 First Floor Plan - Alternates 2.1.2 First Floor Plan - Alternates 2.1.3 First Floor Pian - Overall 2.1.4 Alternate 14 - First Floor 2.2 Mezzanine Plan - Baee Bid 2.2.1 Mezzanine Plan - Alternates 2.2.2 Mezzanine Plan - 2.3 Flret Floor Pion - 2.4 First Floor Plan - 2.5 First Floor Plan - 2.8 First Floor Plan - 2.7 Exterior Elevations 2.7.1 Exterior Elevations 2.8 Exterior Elevations 2.8.1 Exterior Elevations 2.9 Roof Plan 3.1 Building Sections 4.1 Wal Sections 4.2 Wal Sections 4.3 Wal Sections 4.4 Wal Sections 4.5 Wal Sections 4.6 Wo l Sections 4.7 Wal Sections 4.8 Wal Sections 4.9 Wal Sections 4.10 Wall Sections 4.11 Wall Sections 4.12 Wall Sections 5.1 Building Details 5.2 Building Details 5.3 Building Details 6.1 Room Flnlah & Special Door Schedules 6.2 Typical Partition Sections 6.3 Door & Hardware Schedules 7.1 Interior Elevations 7.2 Enlarged Plane & interior Elevations 7.3 Enlarged Plans & Interior Elevations 8.1 Floor Flnlah Pion 8.2 Ceiling Plan - Office Area 9.1 Foundation Plan 9.2 Mid Framing Plan 9.2.1 Mid Framing Plan - Alt. 13 & 14 9.3 Roof & Framing plan 9.4 Structurol Notes and Details Overall Offices Shops Bays Vehicles - S & W - S & W - N & E - N & E - 1 "04O' - 1.040, - 1 "®40' - 1 " '40' - 1 "=40' - No Scale - 1 "=20' - 1 "_40' - 1/16"=1'-0" 1/16"..1'-0" 1/16%.1'-0" 1/16"01'-0" 1/16"01.-0" 1/16"=1'-0" 1/16"..s1'-0" - 1/16"01'-0" - - 1 /8"01 '-0" - 1/8"=1'-0" 1/8"=1'-0" 3/32"..1'-0" 3/32"01'-0" 3/32"..,1'-13" 3/32"01'-0" 1/16"=1'-0" 1/8"=1'-0" - 1/2"01'-0" - 1/2"01'-0" - - 1/2"=1'-0" - 1/2"-1'-0" - 1/2"01'-0" - 1/2"•=1'-0" - 1/2"=1'-0" - 1/2"=1'-0" - 1/2"=1'-0" - 1/2"=1'-0" - 1/2"=1'-0" - As Noted - As Noted - As Noted - No Scale - As Noted - No Scale - 1/4"=1'-0" - - As Noted - 1/8"01'-0" - 1/8"=1'-0" - 1/16"=1'-O" - - 1/16"01'-0" - 1/16"01'-0" - As Noted PLUMBING P.1 Office First Floor Pion P.2 Shope First Floor Plan P.3 Maintenance First Floor Plan P.4 Vehicle First Floor Plan P.5 Office / Maintenance Mezzonlne Plan P.8 Shop Mezzonlne Plan P.7 NW Corner Upper Level Plan P.8 NE Comer Upper Level Plan P.9 Sanitary Waste & Vent Piping Schematics Plan Symbols and Abbreviations Sanitary Pump Manhole Detail P.10 Process Waste & Vent Piping Schematics P.11 Water Piping Schematics P.12 Water Piping Schematics P.13 Air Piping Schematics FIRE PROTECTION FP1 Ground Floor Flre Protection Plan FP2 Upper Level Flre Protection Plan FP3 Maintenance First Floor Plan FP4 Office/Maintenance Mezzanine Pion FP5 Shop Mezzanine Plan FPO Garage Mid/High Level Plan FP7 Shop Mezzanine Plan MECHANICAL H1 Office First Floor Pian H2 Shops First Floor Plan H3 Maintenance First Floor Plan H4 Vehicle Storage First Floor Plan H5 Office/Maintenance Mezzanine Plan H8 Shop Mezzanine Plan H7 Schedules - HVAC H8 Schedules - I-IVAC - 1/8"=1'-0" - 1/8"=1'-0" - 1/8"..1'-0" - 1/8"=1'-0" - 1/8"01'-0" - - 1/8"=1'-O" - 1/8"=1'-0" - No Scale - No Scale - No Scale - No Scale - No Scale - 1/8"=1'-0" - 1/8"01'-0" - 1/8"01'-0" - 1/8"01'-0" - 1/8"01'-0" - 1/B"=1' -O" - 1/8"=1'-0" - 1/8"=1'-0" - 1/8"01'-0" - 1/8"01'-0" - 1/8"01'-0" - 1/8"=1'-0" - 1/8"=1'-0" - No Scale - No Scale ELECTRICAL El - Electrical Site Plan - 1" = 40• E2 - Office Ughting Plan - 1/8-=1 -0" E3 - Shop/Vehicle Lighting Plan - 1/8•=l' -O" E4 - Malntenance/Vehlcle Lighting Pion - 1/8"=1'-0" E5 - Vehicle Ughting Plan - 1/8"=1'-0" E6 - Mezzanine Ughting Plan - 1/8"=1'-O" E7 - Office Power and Systems Plan - 1/8'=1'-0" E8 - Shop/Vehicle Power & Systems Pion - 1/8'01'-O" E9 - Maintenance/Vehicle Power & Systeme Plan - 1/8'-1'-0" El0 - Vehicle Power and Systems Plan - 1/8-••1'-0" El1 - Mezzanine Power and Systems Plan - 1/8'=1'-0" E12 - Schedules, Details E13 - Schedules, Details E14 - Schedules, Details E15 - Schedules, Details El 6 - Schedules, Details E17 - Schedules, Details E18 - Schedules, Details INFORMATION TECHNOLOGY IT -1 - First Floor IT Plan - 1/8"=1'-0" OCTOBER 3, 2011 1.17.1.11, 00310-1 BID FORM FOR: F.Y. 2011 CITY OF WATERLOO PUBLIC WORKS FACIUTY Contractor: Larson Construction Co., Inc. Division of Work: GENERAL CONSTRUCTION To: The City of Waterloo City Clerk's Office 715 Mulberry Street Waterloo, lA 53703 Dated: A. The undersigned, having familiarized themselves with the local conditions affecting the cost of the Work, and with the Bidding Documents Including Invitation for Bids, lnstrucfions to Bidders, Bid Form, Bid Bond, Agreement, Performance Bond, Labor and Material Payment Bond, Certificate of Insurance, Plans and Specifications, including all Addenda thereto; as prepared by Kueny Architects, LLC, and on file at the office of the Engineer; hereby proposes to perform everything required to be performed and to provide and furnish all labor, materials, necessary tools, expendable equipment and al utilities and transportation services necessary to complete in a workmanlike manner all Work listed below, as follows: 1. GENERAL CONSTRUCTION a. Base Bid All labor, materials, services and equipment necessary for completion or the Work required for the City of Waterloo Public Works Facility, the Sum of Y tti41,00 oa\ WAy4irtd ho4.3401c1 Dollars ($ ) aoo) oaa ) b. ALTERNATE NO. 1 - ADD NOTED WORK FOR THE MAIN ROOMS BETWEEN GRID LINES 10.2 TO 7 AND A TO D.9 AND 13 TO 9.3 AND D.9 TO H.5 (MEZZANINE ABOVE THIS AREA IS PART OF ALT #1 - SEE ALTERNATE PLAN) All labor, materials, services and equipment necessary to for completion Work required for the City of Waterloo Public Works Facility, the Sum of Nine ht u,o-cci 5%vtV -4,101.1.6414 Dollars ($ '1(95;004 ) c. ALTERNATE NO. 2 - ADD FOR THE ADDITION BUILDING BAYS TO THE EAST FROM GRID LINES 11.3 TO 5,4 AND Q.2 TO U.2 - SEE ALTERNATE PLAN. All labor, materials, services and equipment necessary to for completion Work required for the City of Waterloo Public Works Facility, the Sum of Two 1nw+�rbK4 C c-vy o 1014s4444 Dollars ($ A5„Voot, ) 00310-2 d. ALTERNATE NO. 3 - ADD NOTED WORK FOR THE MAIN SHOPS BETWEEN GRID LINES 11.3 TO 9.3 AND H.5 TO U.2 (NO MEZZANINE PART OF THIS ALTERNATE — SEE ALT #5) - SEE ALTERNATE PLAN. All labor, materials, services and equipment necessary to for completion Work required for the City of Waterloo Public Works Facility, the Sum of items iona�:m d Dollars ($ S 1010 ©o ) e. ALTERNATE NO. 4 - ADD NOTED WORK IN THE MAIN OFFICE AREA BETWEEN GRID LINES 10.2 TO 13 AND A.1 TO D.a - SEE ALTERNATE PLAN. All labor, materials, services and equipment necessary to for completion Work required for the City of Waterloo Public Works Facility, the Sum of r h6k41arsd e tort -y a o44,4,,-1 Dollars ($ 4b01000 f. ALTERNATE NO. 5 - ADD NOTED WORK ON MEZZANINE 202 BETWEEN GRID LINES 11.3 TO 9.3 AND E TO U.2 - SEE ALTERNATE PLAN. All labor, materials, services and equipment necessary to for completion Work required for the City of Waterloo Public Works Facility, the Sum of (t- Dollars ($ .Q495000,0 fAY+-y Clue 44\04s5G,t h, ( ALTERNATE NO. 6 - ADD NOTED WORK IN ROOMS SHOP 167 AND PARKING 168 - SEE ALTERNATE PLAN. 9• All labor, materials, services and equipment necessary to for completion Work required for the City of Waterloo Public Works Facility, the Sum of QM hkM�vut S,y (-y d Dollars ($ 1(p 91000 ) h. ALTERNATE NO. 7 - ADD FOR CRANES PER SECTION 14602 All labor, materials, services and equipment necessary to for completion Work required for the City of Waterloo Public Works Facility, the Sum of 0n4 hvaKdvLd 3Atkokstold Dollars ($ 1 5 0) 000 ) 00310-3 i. ALTERNATE NO. 8 - ADD FOR WASTE RECOVERY SYSTEM (WITHIN THE PLUMBING SPEC) SECTION 15100 All labor, materials, services and equipment necessary to for completion Work required for the City of Waterloo Public Works Facility, the Sum of ore vIKKavfd kAraykett., totsr,r.id Dollars($ 113,000 j. ALTERNATE NO. 9 - ADD FOR VEHICLE WASH SYSTEM SECTION 11142 All labor, materials, services and equipment necessary to for completion Work required for the City of Waterloo Public Works Facility, the Sum of ohe hnlvtdvt4 �4 ht 2 h�-��� Dollars ($ l (A% e 000 ) k. ALTERNATE NO. 10 - ADD FOR NEW CONCRETE FLOOR IN EXISTING BUILDING SECTION 03300 All labor, materials, services and equipment necessary to for completion Work required for the City of Waterloo Public Works Facility, the Sum of IN) ,11<y s� v '14kpaq4 Dollars ($ C11,1000 ) I. ALTERNATE NO. 11 - ADD FOR MISCELLANEOUS ROOM PAINTING SECTION 09900 All labor, materials, services and equipment necessary to for completion Work required for the City of Waterloo Public Works Facility, the Sum of A-ta'ekLy UtiouSittnk Dollars ($ a 0 , Oo0 ) m. ALTERNATE NO. 12 - ADD FOR MISCELLANEOUS EQUIPMENT SECTION 10990 All labor, materials, services and equipment necessary to for completion Work required for the City of Waterloo Public Works Facility, the Sum of V4,%tYk-' 404sKed Dollars ($ 301 OW 00310-4 n. ALTERNATE NO. 13 ADD ' EDUCT for masonry walls in lieu of Precast Walls as noted on Alternate Sh ' ezzanine remains as hollowcore plank) All labor, materials, services' and equipment necessary to for completion Work required for the City of Waterloo Public Works Facility, the Sum of t \c14-4.te,al y(kt Dollars ($ t`),000 ) o. ALTERNATE NO. 14 - ADD EDUCT o substitute steel joist and metal decking at mezzanine 201 and 202 In Ile • • ecast decking (Alternates 1, #5 and #13. Mezzanine will have precast plank as part of their bids) All labor, materials, services and equipment necessary to for completion Work required for the City of Waterloo Public Works Facility, the Sum of r\1? Lt U Dollars ($ 14C)1000 p. ALTERNATE NO. H-1 — ADD to provide an alternate for DDC system as described in specifications 15935 and controls points lists in section 15910 All labor, materials, services and equipment necessary to for completion Work required for the City of Waterloo Public Works Facility, the Sum of Dollars ($ (R 4 000 q. ALTERNATE NO. E-1 - ADD to provide occupancy sensors and LED type M1 lights instead of metal halide type M lights in Wash Bay 163. All labor, materials, services and equipment necessary to for completion Work required for the City of Waterloo Public Works Facility, the Sum of 3r-4\ 4.0k5coi Dollars ($ 10 ©00 ) r. ALTERNATE NO. E-2 - ADD Additional cost to provide occupancy sensors and LED type M1 lights instead of metal halide type M lights in Wash Bay 164. All labor, materials, services and equipment necessary to for completion Work required for the City of Waterloo Public Works Facility, the Sum of 4$11 okScot d Dollars ($ /O 000 00310-5 2. Unit Prices - FOR ALL GENERAL CONSTRUCTION Should more or Tess Work of the following categories be required, adjustment will be made to tie Contract Sum at the following unit prices, whioh shall include all expenses, transportation, trucking, restocking charges,overhead and profit. 1). Unit P -ice 1A (Section 02200) Price per cubic yard of soil excavated, for additional depth required to reach good bearing soil for foundation walls and wall fpotings, the amount of Sty1 Y cr\ve.. Dollars ($ (7 per cubic yard, or omitting same_ - `Y 2). Unit Price 1B (Section 02200) Price per cubic yard of compacted backfill, in place, at oor slabs or asphalt paving, the amount of 00 iy Dollars ($ per cubic yard. 3). Unit Price 1C (Section 03300) Price per cubic yard of additional concrete, formwork end Reinforcement (in place) required for add��' i'onal depth foundation Walls, the amount of �( 414 �-;,ve hu^elved Dollars ($ 66o% 7 ) per cubic yard or omitting same. B. Accompanying this Proposal is a Bid Bond in the amount of five percent (5%) of the Bid, as required by the Instructions to Bidders. C. In accord with part E of the Instructions to Bidders, we suggest the following substitutions, and will reduce this Bid in the amount shown for each one that is accepted. Item Specified Substitution Reduce Bid D. It will require 1 following number of calendar days to complete the Work required by this Contract 5 days. 00310-6 E. Receipt of the following Addonda to the Contract Documents are acknowledged: Number and Date Number and Date 1-10/3/11 2- 11/4/11 3- 11/10/11 F. In Submitting this Proposal, it is understood that the Owner reserves the right to reject any or all Proposals , to waive technicalities, and to advertise for new Proposals, but that this Bid shall remain open and shall not be withdrawn for a period of 90 days from the date prescribed for its opening. G. If written notice of the acceptance of this Bid is mailed or delivered personally to the undersigned within 30 days after the date set for opening of this Bid, or at any time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the Contract Documents to the Owner in accord with this Bid as accepted, and will also fumish an deliver to 1:he Owner all required Bonds and proof of insurance coverage required, all within 20 days after personal delivery or deposit in the mail of a notification of acceptance of this Bid. H. Notice of acceptance or request for additional information may be addressed to the undersigned at the address set fourth below. I. Wherever in this proposal an amount is stated in both words and figures, In case of discrepancy between words and figures the words shall prevail. 00310-7 J. Pursuant with the requirements of the Instructions to Bidders, the Bid is based on the following subcontractors (list on name for each branch or subtitle of Work to be subcontracted): WORK CONTRACTOR 11$ pro 1-kt. l(rye Sleet- M€ G.L Lee Sm,sierr►s Z OVerheccd acor.s 8y tC. Cor 1r4�dson CoostvL,ctic . '/04YO4A1 NivtiVo/N4-1 `z1ec�-v'i-"Tech CITY 00310-8 K. l hereby certify that all statements are made on behalf of Larson Corstruction Co., Inc. (Name of Corporation, Partnership or individual submitting Bid) of the city of Independence , State of Iowa , that I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked same detail before submission; that I have fully authority to make such statements, and Proposal in (its, their, my) behalf, and that said statements are true and correct. Please check one Signed Ed Larson of the following: Contractor Sole Owner_ Address 600 17th St SE, Independence IA 50644 Corporation_x Partnership__ PO Box 112, Independence IA 50644 Name of Partners: By Lar 1 flstruc l e n Co., Inc. State of: Iowa County of: Buchanan Subscribed and sworn to before Me this 14day of Nov , 2011 Notary Public: Heather Robinson My commission expires: 5/7/13 /..,,uhliviis i + i s ,ER 71,6759 COMMISION EXPf FS bk;* NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of Iowa ) County of Buchanan ) Ed Larson , being first duly sworn, deposes and )ss says that: 1. He is Owner (Owner, Partner. Officer. Representative. or Agent) , of Larson Construction , the Bidder that has submitted the attached Bid; Co,, Inc. 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 riot 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 Bld are falr and proper and are not taini:ed by any collusion, conspiracy, connivance or unlawful agreement an the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Ed L President Gey itle Subscribed and sworn to before me this 14th day f November , 2011 . Heather Robinson, Secretary My commission expires c/ 7/3 1.9 /atop, ''" OMISSION N'..; vi ; .R 746759 MI S.;:-. EXPIRES: Title RESIDENT BIDDER CERTIFICATION CONTRACT N0: 810 PROJECT NAME: Waterloo Public Works Facility DATE C)F LETTING: 11/14/11 To be Et qualified resident bidder, the person, corporation, partnership, or firm shall not have, as employees, Illinois laborers on the work site of a non -federal -aid project within Iowa. An Illinois laborer Is any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident. This applies to all labor on the project, whether skilled, semi -skilled, or unskilled, whether manual or non -manual. This also applies to work subcontracted by or to the resident bidder on a non -federal -aid project within Iowa. The resident bidder may place on such work no more than three residents of Illinois who are his regularly employed executive and technical experts. This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the work site until this project is completed. I hereby certify that no Illinois resident laborer as defined above will be employed at the work sig:e during the contract period from the start of the project until its completion. COMPANY NAME Larson Construction C nc. CORPORATE OFFICER Ed Larson TITLE President DATE 11 /14/11 13 RECIPROCAL RESIDENT BIDDER PREFERENCE In response to Illinois' law concerning resident preference and in accordance with Section 73A.21 of the lowa Code, all non -federal -aid public improvement projects, which include road construction, shall be performed by a qualified resident bidder, The resident bidder has been further defined as follows: To be a qualified resident bidder, the person, corporation, partnership, or firm shall not have, as employees, Illinois laborers on the work site of a non -federal -aid project within Iowa. An Illinois laborer is any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident, This applies to all labor on the project, whether skilled, semi -skilled, or unskilled; whether manual or non -manual. This also applies to work subcontracted by or to the resident bidder on a non -federal -aid project within Iowa. The resident bidder may place on such work no more than three residents of Illinois who are his regularly employed executive and technical experts. As noted, this definition gives a preference as to whom the contractors or subcontractors can employ. The contractor shall provide the City with a certification that he is a qualified resident bidder according to the above definition, The Certification shall be submitted with the contractor's bid. A copy of the form of "Resident Bidder Certification" is included in the Contract Documents. If It Is determined that the contractor does not meet this qualification after he begins work, a shutdown notice shall be issued and the voiding of the contract shall begin unless the contractor becomes qualified. IJJG/cs 01/13/97 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond Bond No.: 169556 KNOW ALL MEN BY THESE PRESENTS, that we Larson Construction Co., Inc. PO Box 112, Independence, IA 50644 as Principal, hereirafter call the Principal, and Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines, IA 50321-1158 a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto City of Waterloo 625 Glenwood Ave, Waterloo, IA 50703 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Bid Amount Dollars for the payment of which sum well and truly to be made, the said Principal($and5the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Addition to existing building for Waterloo Public Works Facility NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this (Witness 2nd day of November Larson e ' struction Co,, Inc. 2011 XXX (P ncipal) (Seal) (Title) President Ed Merchants Bonding Robert Shane Bevans (Witness) •,�epany (Mutual) 1 joO'1Wi s Susins Att (Seal) AIA DOCUMENT A310•BID BOND•AIA®•FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N,W., WASHINGTON D.C. 20006 MERCHANTS BONDING COMPANY POWER OF ATTORNEY Bond #: 169556 Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Susie Bevans of Independence and State of IA its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such Instrument shall not exceed the amount of: Twenty Five Million ($25,000,000.00) Dollars and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on April 23, 2011. ARTICLE VI, SECTION 1(c) - The President, Secretary, T-reasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, ARTICLE VI, SECTION 1(d) - The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by Its President and its corporate seal to be hereto affixed, this 19th day of July , 2011 STATE OF IOWA COUNTY OF POLK ss. • ANG Cp4•. :• Q 0Rq• .A9yc ;�:_ -o- Q;_.: •4C.• 1933 •'�• MERCHANTS BONDING COMPANY (MUTUAL) 7 /4 President On this 19th day of July, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say hat he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the seal affixed to the said instrument Is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. STATE OF IOWA COUNTY OF POLK ss. 1 CINDY SMYTH Commission Number 173504 My Commission Expires March 16, 2012 u,K Notary Public, Polk • unty, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which Is still In full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 2nd day of November , 2011 ........ . •o•ottPOq .'Oy•. • �• :" Ai. . y,• 1933 4: Secretary POA 0005 (9/11) LARSO-3 OP ID: KK 'a'��.'�'. Rte' CERTIFICATE OF LIABILITY INSURANCE DATE12/30/"Y""' 12/30/11 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 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). PRODUCER 319-234-8888CONTACT PDCM InsurancePHONE P.O. Box 2597 319-234-7702 Waterloo, IA 50704 Stephen A. Clabby, CIC POUCY NUMBER FAX (A/C, No, Ext): (NC, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: United Fire & Casualty Company 13021 INSURED Larson Construction Company & Southside Lumber, Inc. P. O. Box 112 Independence, IA 50644 INSURER B : United Heartland 60342357 INSURER C: 01/01/13 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 SIJCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ITR TYPE OF INSURANCE INR SUBR POUCY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X UABIUTY COMMERCIAL GENERAL LIABILITY X 60342357 01/01/12 01/01/13 EACH OCCURRENCE $ 1,000,000 DAMAGISE TO(Ea RENTEDoccurrence) PREMES $ 100, 000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE —1 POLICY X LIMIT APPLIES jT 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 60342357 01/01/12 01/01/13 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS UAB X OCCUR CLAIMS -MADE 60342357 01/01/12 01/01/13 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENT ON $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE,r/N2000002046 OFFICER/MEMBER EXCLUDED? I (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A _ 01/01/12 01/01/13 y WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE -EAEMPLOYE€ $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule if more space is required) Project: F.Y. 2011 City of Waterloo Public Works Facility Contract No. 810 Certificate holder and Kueny Architects, LLC are named as additional insured under general liability with respect to the above mentioned project. Coverage includes Explosion, Collapse & Underground Hazard. CERTIFICATE HOLDER C WTCI001 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 i 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�RRE�PRES�ENTATIVE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LARSO-3 OP ID: KK A Ra® CERTIFICATE OF LIABILITY INSURANCE °A'0 4WYYYY) o1�o4r12 THIS CERTIFICATE 1S ISSUED A:3 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{fes) 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). PRODUCER319.234.8888 PDCM Insurance319234 P.O. Box 2597 - -7702 Waterloo, IA 50704 Stephen A. Clabby, CIC N s PHONE FAX (AIC. No, Extk INC. No). E -RIME ADDRESS: INSURERS) AFFORDING COVERAGE NAIC # INSURER A: United Fire & Casualty Company 13021 INSURED Larson Construction Company & Southside Lumber, Inc. P. O. Box 112 Independence, IA 50844 INSURER a : United Heartland 80342357 INSURER C: 01/01/13 INSURER D : $ 1,000,000 INSURER E : $ 100,000 INSURER F : COVERAGES CERTIFICATE NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES'OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILS TYPE OF INSURANCE ADDL /NSR BURR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMtDDIYYYY► LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X 80342357 01/01/12 01/01/13 EACH OCCURRENCE $ 1,000,000 PREMISES TO RENTED $ 100,000 CLAIMS -MADE X OCCUR NED EXP (Any one parson) $ 5,000 PERSONAL 8 ADV INJURY s 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: - POLICY JEI°j - LOC PRODUCTS - COMPIOP AGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL AUTOS OWNED HIRED AUTOS _ AUTOEDULJ D NON.OWNEC AUTOS 90342357 01/01112 01101/13 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per parson} $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Par accident) $ $ A X UMBRELLA UAB EXCESS LIAR X OCCUR CLAmnS.nnADE 60342367 01/01/12 01101(13 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DEQ X RETENT ON $ 0 $ B WORKERS COMPENSATION ANDEMPLOYERS'UADILITY Y• IN ANY PROPRIETORJPARTNERIEXECLMVP2000002046 OFFICER/MEMBER EXCLUDED? [ (Mandatory In NH) 6descibe.mier DESCRIPTION OF OPERATIONS below N f A 01/01/12 01/01/13 X WC STATU- TORY IIMITS OTH- FR E.L. EACH ACCIDENT $ 600,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 1 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach AGGRO 101, Additional RenfarkS Schedule, if more Space Is required) Project: F.Y. 2011 City of Waterloo Pub is Works Facility Contract No. 810 Certificate holder and Kueny Architects, LLC are named as additional insured under general liability with respect to the above mentioned project. Coverage Includes Explosion, Collapse & Underground Hazard. CERTIFICATE HOLDER CANCELLATION WTCIOO1 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 ©1908-2010 ACORD CORPORATION. AN rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORR THE AMER CAN INSTITUTE OF ARCHITECTS Bond No. IAC 65445 AIA Document A3 12 P :wfarmance Bond Any singular reference to Contract r, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Larson Construction Co., Inc. PO Box 112 Independence, IA 50644 OWNER (Name and Address): City of Waterloo Iowa 625 Glenwood Avenue Waterloo, IA 50703 CON TSTRUCTION CONTRACT Date: January 4, 2012 Amount: $6,452,000.00 Description (Name and Location): Cons SURETY (Name and Principal Place of Business): Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines IA 50321-1158 uction of a 102,000 sq. ft. addition to a 27,000 sq. ft. existing structure. BOND Date (Not earlier than Construction Cont act Date): January 4, 2012 Amount: $6,452,000.00 Modifications to this Bond: CONTRACTOR Company: Larson Cons Signature: Name and Tit .ICIPAL nc. (-Corporate Seal) Ed Larson President (Any additional signatures appear on page 3 ® None SURETY Company: Merchants, : on 'ng Com o See Page 3 (Corporate Seai) Signature. Name and Tit (FOR INFORMATION ONLY— Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Sorg Insurance Agency Inc 114 3rd Ave NE, PO Box 328 Kueny Architects, LLC Independence, IA 50641.4 10505 Corporate Drive 319-334-7089 Pleasant Prairie, WI 53158 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 1 •ix_,Lr 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of per- forming the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Con- struction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right 0 perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefore. 5 If the surety does not proceed as provided in Para- graph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety had denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1,4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for. 6.1 The responsibilities of the Contractor for cor- rection of defective work and completion of the Con- struction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, inclu- ding changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obli- gations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail - AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA ® THE AMERICAN INSTITUTE OF ARCHITECHTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 A312-1984 2 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: have been made including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on be- half of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig— nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal) Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. IAC 65445 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Larson Construction Co., Inc. PO Box 112 Independence, IA 50E44 OWNER (Name and Address): SURETY (Name and Principal Place of Business): Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines IA 50321-1158 City of Waterloo Iowa 625 Glenwood Avenue Waterloo, IA 50703 CONTSTRUCTION CONTRACT Date: January 4, 2012 Amount: $6,452,000.00 Description (Name and Location): Construction of a 102,000 sq. ft. addition to a 27,000 sq. ft. existing structure. BOND Date (Not earlier than Construction Contract Date): January 4, 2012 Amount: $6,452,000.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: Larson Constru/nc. . Signature: � �( %- Name and Title �i Larson President (Corporate Seal) (Any additional signatures appear on page 6) O None ► See Page 6 SURETY Company: Merchants Signature. Name and Titl A 'orney-In-Fact (FOR INFORMATION ONLY— Name, Address and Telephone) AGENT or BROKER: Sorg Insurance Agency Inc 114 3rd Ave NE, PO I3ox 328 Independence, IA 50644 319-334-7089 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Kueny Architects, LLC 10505 Corporate Drive Pleasant Prairie, WI 53158 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N,W.. WASHINGTON. D.C. 20006 A312-1984 4 I 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrator, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnities, and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who fumished labor, materials or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified The Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor. .1 Have fumished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last per- formed labor or last fumished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the mater- ials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor fumishing and the Owner accepting this Bond, they agree that all funds eamed by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond, 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were fumished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 A312-1984 5 13 When this Bond has been fumished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be cleemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be cleemed incorporated herein. The intent is that this Boncl shall be construed as a statutory bond and not as a cornmon law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to .fumish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Section 6 is modified by adding section 6.3. 6.3 The Surety's failure to discharge its obligations under this Section 6 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a claim. However, if the Surety fails to discharge its obligations under this Section 6, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs to recover any sums found to be due and owing to the Claimant. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: SURETY Company: (Corporate Seal) (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 A312-1984 6 MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Bond #: IAC 65445 Susie Bevans of Independence and State of IA their true and lawful Attomey-in-Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall rot exceed the amount of: TWENTY FIVE MILLION ($25,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 19th day of July , 2011 . V01 ©p•.- :4o•.oaPOq 1;. • ii �: ' -D- `1 .....:15 -0- r^ • TA 2403 '.o ? : ‘1*. 1933 v:..: S • STATE OF IOWA •,",''••„anr.snn'r���*, ••• •• COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. President On this 19th day of July , 2011 , before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. iT.tMARANDA GREENWALT •Commission Number 770312 My Commission Expires October 28, 2014 STATE OF IOWA COUNTY OF POLK ss. 17 4406 ---62_1-ri talOIC Notary Public, Polk County, Iowa I, William Wamer, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 4th day of January , 2012 . POA 0014 (11/11) 4 o?o�iP0 ;4:i.:9;.• •y . •s. 1933 . • y : c. Secretary