Loading...
HomeMy WebLinkAboutPrairie Construction Co-7/18/2011Exhibit A Specification Specification Sections Pages Division 00 - Procurement and Contracting Requirements 34 Division 01 - General Requirements 27 Division 02 - Existing Conditions 2 Division 05 - Metals 3 Division 07 - Thermal and Moisture Protection 3 Division 08 - Openings 12 Exhibit B Drawings Sheet No. Sheet Title Drawing Date Architectural A1.00 Floor Plan & Details June 16, 2011 A2.00 Elevations & Details June 16, 2011 0711312011 12:59 3192914297 WATERLOO LEISURE SER CITY OF WATERLOO Council Communication:. City Council. Meeting: July 18, 2011, Prepared: July 12, 2011 Dept. Head Signature: PH # of Attachments: PAGE 02112 /<.` (4-/(: SUBJECT: 2011 PUBLIC MARKET WINDOW REPLACEMENT AND NEW VESTIBULES Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action: Award Contract for the 2011 PUBLIC MARKET WINDOW REPLACEMENT AND NEW VESTIBULES to Prairie Construction Co., Inc. of Waterloo, lowa, in the amount of Seventy Eight Thousand, Nine Hundred dollars and 00/100 ($78,900.00). Summary Statement This project is to construct two (2) vestibules and replace windows at Waterloo Public Market Building, 327 W. 3'd, Waterloo, Iowa. Above referenced project documents will be available for review in the City Clerk's office and inVi.sion Architects. Expenditure Required: $78,900.00. Source of Funds: The project costs are to he funded with. a combination of bond funds and W.D.C. allotment from Black Hawk County Gaming Association. Policy Issue: NA Alternative: NA Background Information: On December 1.3, 2010 Council approved agreement with InVision Architects to provide design and construction documents for this project. 07/13/2011 12:59 3192914297 WATERLOO LEISURE SER FORM OF BID OR PROPOSAL PUBLIC MARKET INTERIOR DEVELOPMENT BID PACKAGE 1 - GLAZING CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of Taws, a-Partneis141 consisting-ofthefo#lowing-partners: _ , having familiarized_ (Ilia -themselves) (itself) with the existingcondition the project area affecting the cost of the work, and with all the contract documents listed in the of Contents and Addenda (if any), as prepared by INVISION Architecture and now on file in the pfii of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical. personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including y and DEVELOPMENT, ME, servicesIPACKAGE 1 - construct Ll ZING, all complete accordance with the above -listed INTERIOR D documents and for the bid and alternates. PAGE 03/12 BASE BID A. Having examined the Place of The Work and all matters referred to in the Instructions to Bidders and the Contract Documents prepared by INVISION Architecture for the above mentioned project, we, the -undersigned, hereby offer to enter into a Contract to perform the Work for the Base Bid listed in this bid form of: B. seventy-eight thousa1 1 Hing hunstretl. Po-o/i00—�� dollars ($ 7 p , 00 ), in lawful m money y of the United States of America. C. We have included the required security deposit as required by the Instruction to Bidders. CONTRACT TIME A. he completion date shall be no later than A st-97 4 . September 25, 2011 Per Addendum. #2 2_ It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govem in the actual payment to the Contactor_ 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time eet inert r before this bid is withdrawn, the undersigned agrees to execute and deliver an agree after the da roan en d Isfurnish the presented thim required bond signature, ndfissttart work within teninsurancete of the 1) days after "Notice within ten (10) days after the agreem to Proceed" is issued. FORM OF BID OR PROPOSAL Page 1 of 2 PUBLIC MARKET INTERIOR DEVELOPMENT 07/13/2011 12:59 3192914297 WATERLOO LEISURE SER 4. Security in the sum of 5% Bid Bond Dollars ($ ) in the form of , Is submitted herewith in accordance with the INSTRUCTIONS PAGE 04/12 TO BIDDERS._ b. Attached hereto is a Non -Collusion Affidavit of Prime Contractor, 6. Attached hereto is a Resident Bidder Certification_ 7. The bidder is prepared to submit a financial and experience statement upon request. 8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an MP or Update and an EOG, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. 1 - Date J/24/U 2 6j29 / U 3 7/08/11 10. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 11_ The bidder has attached all applicable forms. Prairie Construction C (Name of Bidder) , Inc. 1u BY: , 1 / a e JLt Title: President Michael L. Chris i son Official Address: (Including Zip Cade): 321 W. 18th Street Waterloo_ TA 50702 I.R.S. No. 42-106030$-- FORM OF BID OR PROPOSAL (Date) Page 2 of 2 PUBLIC MARKET INTERIOR DEVELOPMENT U z 0 z 0 z 6G z 0 0 w P.O. Box 626 Waterloo, Iowa 50704 11 ZI/90 39Vd Ail ail. 1.1 hi 3 51 CITY CLERK AUDITOR' OFrICE i.1 C3 Fl 0 • td Aa o H Qy w T-4 0 Sfl • N O 0 O t• d iz X135 3zIIlsI31 001d31VM L6Z17I6Z6T6 69:ZT TTOZ/6T/L0 07/13/2011 12:59 3192914297 WATERLOO LEISURE SER THE AMERICAN INSTITUTE OF ARCHITECTS NA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT VILE Prairie Construction Co., Inc. 321 West 18th Street, Waterloo IA 50702 as Principal, hereinafter called the Principal, and United Fire & Casualty Company P. O. Box 73909, Cedar Ra • ids IA 52407-3909 a corporation duly organized under the laws of the State of IA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Waterloo 715 Mulbe Street, Waterloo iA 50703 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid - Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the 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 Public Market Interior Development. Bid Packae 1 - Oiaxin 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 11th c2(0,,t /1%2 G� (wane) Alan R. Endorf, Vice PresidLLu Treasurer O day of July Prairie Construction Co., inc. (Principal) 201� Michael L. Christiasan, President United Fire & Casual Com any (Basi) (surety) y• (title) Attom y-ln-Foot Dianne S. flay ,/ AjA i)OCUMENT A310 a BTA BOND is MA * FEBRUARY 1970 5». a THE AMERICAN INSTITUTE OF ARCHrrEC"TS,1735 N.Y.. AVE., N.W., WASHINGTON, A.C. 20006 07/13/2011 12:59 3192914297 WATERLOO LEISURE SER UNITED FIRE & CASUALTY COMPANY HOME .OFFICE - CEDAR RAPII]S, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FiRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of lows, and having Its principal office in Cedar Rapids, State of Iowa, does make, constitute and a oint Dianne S. Riley its true and lawful Attorney -in -Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: PAGE 07/12 3 Surety Bond Number: Bid Bond Principal: Prairie Construction Co., inc. Obligee: City of Waterloo and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duty authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed, The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by Board of Directors of the Company on April 18, 1973. "Article V - Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys -in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previousiy given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by Its vice president and its corporate seal to be hereto affixed this August 23, 2010. =mum II Slorte9FAL 40.1 UNITED FIRE & CASUALTY COMPANY By Vice President State of lows, County of Linn, ss: On August 23, 2010, before me personally came Dennis J. RIchmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and Which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. Mary A. Jansen Iowa Notsrlsl Boat Commission number 713273 My Commlslon Expiry 10/26/13 Notary Public My commission expires: 10-26-13 CERTIFICATION I, the undersigned officer of the UNITED FiRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of The Section of the by-laws of said Company as set forth In said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now In full force and effect_ In testimony whereof 1 have he unto subscribed my name and affixed the corporate seal of the said Company this 19th day of Juy 20 . Secretary 07/13/2011 12:59 3192914297 State of Iowa WATERLOO LEISURE SER NON -COLLUSION AFFIDAVIT OF PRIMiE BIDDER County of Black Hawk )ss Michael. L. Chtistiasou , being first duly sworn, deposes and says that: PAGE 11/12 1. He is e - 'cer - f e a. saetaiii e, ',..2- of Prairie Construction Co - , Inc - , the Bidder that has submitted the attached Bid; 2_ He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4- Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties In interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. i (Signed) %• / �j c ae L. ristiason President Title Subscribed and sworn to before me this 11th day of� Jul , 2011. Tit Notary Public NONCOLLUSION AFFIDAVITS My commission expires 11-28--12 Page 1 of 2 PUBLIC MARKET INTERIOR DEVELOPMENT 07/13/2011 12:59 3192914297 WATERLOO LEISURE SER PAGE 12/12 RESIDENT BIDDER CERTIFICATION CONTRACT NO: PROJECT NAME: Public Marke�cer—D celopz�Qnt-lid P�c1+'.a -.1 - �1 a� DATE OF LETTING: Jul ' 11 2011 To be a qualified resident bidder; the person, operation, partnership or firm shalt not have, as employees, Illinois laborers on the work site of a non -federal -aid project within Iowa. An Illinois laborer is any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident. This applies to all labor on the project; whether skilled, semi -skilled or unskilled; whether manual or non - manual. This also applies to work subcontracted by or to the resident bidder on a non -federal -aid project within Iowa. The resident bidder may place on such work no more than three residents of Illinois who are regularly employed executive and technical experts. This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the work site until this project is completed. I hereby certify that no Illinois resident laborer as defined above will be employed at the work site during the contract period from the start of the project until its completion. COMPANY NAME: Prairie Construction Co. , Inc. CORPORATED OFFICER: Michael L. Christiason TITLE_ DATE: RESIDENT BIDDER CERTIFICATION President July 11, 2011 Page 1 of 1 PUBLIC MARKET INTERIOR DEVELOPMENT THE AMERICAN INSTITUTE OF ARCHITECTS Bond No.54188226 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Prairie Construction Co., Inc. 321 W 18th Street Waterloo, IA 50702 OWNER (Name and Address): City of Waterloo 715 Mulberry Street Waterloo, IA 50703 CONSTRUCTION CONTRACT Date: July 13, 2011 Amount: ($ 78,900.00 ) Seventy Eight Thousand Nine Hundred Dollars and 00/100 Description (Name and Ldcation):11050 Public Market Interior Development - Glazing - BPI SURETY (Name and Principal Place of Business): United Fire & Casualty Company P. O. Box 73909 Cedar Rapids, IA 52407-3909 BOND Date (Not earlier than Construction Contract Date): July 13, 2011 Amount: ($ 78,900.00 ) Seventy Eight Thousand Nine Hundred Dollars and 00/100 Modifications to this Bond: ® None CONTRACTOR AS PRINCIPAL -Company: Prairie-Constrution Co., Inc. Signature: ` 1��(4'?/%:, (Corporate Seal) Name and Title: Michael L. Christiason President (Any additional signatures appear on page 3) SURETY Company: United Fire & Casualty Company ualty Com• 0 See Page 3 (Corporate Seal) Name and Title: Stacy enn Attorney -in -Fact (FOR INFORMATION ONLY—Name, AGENT or BROKER: Holmes Murphy & Associates, Inc. 3001 Westown Parkway West Des Moines, IA 50266 515 223-6800 Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other party): INVISION Architecture PO Box 1800 Waterloo, IA 50704-1800 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 THIRD PRINTING • MARCH 1987 A312-1984 1 a 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 performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able 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 de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 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 accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense 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 Construc- tion Contract itself, through its agents or through inde- pendent 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 Con- struction Contract, arrange for a contract to be pre- pared 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 ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 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 has 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 Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting 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 dam- ages caused by delayed performance or non-perfor- mance 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 Con- struction 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, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 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 oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail - MA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA A THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 THIRD PRINTING • MARCH 1987 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 sig- nature 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 con- forming 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 have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor 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, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 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 per- form 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 .B THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 54188226 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): Prairie Construction Co., Inc. 321 W 18th Street Waterloo, IA 50702 OWNER (Name and Address): City of Waterloo 715 Mulberry Street Waterloo, IA 50703 CONSTRUCTION CONTRACT Date: July 13, 2011 Amount: ($78,900.00 ) Seventy Eight Thousand Nine Hundred Dollars and 00/100 Description (Name and Location): 11050 Public Market Interior Development - Glazing - BPI SURETY (Name and Principal Place of Business): United Fire & Casualty Company P. O. Box 73909 Cedar Rapids, IA 52407-3909 BOND Date (Not earlier than Construction Contract Date): July 13, 2011 Amount: ($ 78,900.00 ) Seventy Eight Thousand Nine Hundred Dollars and 00/100 Modifications to this Bond: 0 None CONTRACTOR AS PRINCIPAL Company: - Prairie-Constr uc ion Co., Inc. Signature: 114 '6`/ Name and Ti e: Michael L. President (Any additional signatures appear on page 6) (Corporate Seal) Christiason SURETY Company: United Fire & Casualty Company Signature Name and Title: Stacy nn Attorney -in -Fact In See Page 6 (Corporate Seal) (FOR INFORMATION ONLY—Name, AGENT or BROKER: Holmes Murphy & Associates, Inc. 3001 Westown Parkway West Des Moines, IA 50266 515 223-6800 Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other party): INVISION Architecture PO Box 1800 Waterloo, IA 50704-1800 AR 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 THIRD PRINTING • MARCH 1987 A312-1984 4 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated 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, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished 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 pay- ment, 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 furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished 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 materials 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 no- tice 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 suffi- cient 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 perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity 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 unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations 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 mate- rials or equipment were furnished by anyone under the Con- struction 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. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this 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 THIRD PRINTING • MARCH 1987 A312-1984 5 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly fumish 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 per- formance 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, tight, 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. 152 Construction Contract The agreement between the Owner and the Contractor identified on the signature page, including alt Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither bean 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 THE BOND ARE AS FOLLOWS: Paragraph 6 is deleted in its entirety and the following Is substituted in its place: 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable period of time, notify the Claimant of the amounts that are undis- puted and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documenta- tion to support the claim as to entitlement or amount, and the Surety shall, within a reasonable period of time, pay or make arrange- ments for payment of any undisputed amount provided, however, that the failure of the Surety to timely discharge Its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to, or right to dis- pute, such claim. Rather, the Claimant shall have the Immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312-1984 6 UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint Stacy Venn its true and lawful Attomey-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: Surety Bond Number. 54188226 Principal: Prairie Construction Co., Inc. Obligee: City of Waterloo and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY. This power of Attomey is made and executed pursuant to and by authority of the following By -Law duly adopted by Board of Directors of the Company on April 18, 1973. "Article V - Surety Bonds and Undertakings" Section 2, Appointment of Attomey-in-Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attomey or special power of attomey or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attomeys-in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attomey-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this August 23, 2010. State of Iowa, County of Linn, ss: By UNITED FIRE & CASUALTY COMPANY Vice President On August 23, 2010, before me personally came Dennis J. Richmann to me known, who being by me duly swom, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. Mary A. Jansen Iowa Notarial Seal Commission number 713273 My Commission Expires 10/26/13 47), CERTIFICATION Notary Public My commission expires: 10-26-13 I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attomey has not been revoked and is now in full force and effect. In testimony w e eof I have he unto subscribed my name and affixed the corporate seal of the said Company this 13th day of ury 20' ' . Secretary ININ CERTIFICATE OF LIABILITY INSURANCE TE (MMIDDIYYYY) DA4/21/2011 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) 366-2723 TrueNorth 421 4th Ave SE PO Box 1863 Cedar Rapids, IA 52406-1863 CONTACT (NC, , Ext):(a , No): E-MAIL ADDRESS: CUSTOMER ID 0:1-01 INSURER(S) AFFORDING COVERAGE NAIC N INSURER A :Cincinnati Insurance Company 110677 INSURED Prairie Construction Co Inc PO Box 626 Waterloo, IA 50704-0626 INSURERB:Acuity, A Mutual Insurance Co. (14184 INSURER C: INSURER D : INSURER E : INSURER F : • REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABIUTY COMMERCWL GENERAL LIABILITY X OCCUR X CPP0814783 5/9/2011 5/92 012 EACH OCCURRENCE $ 1,000,000 G DAMAI D PREMISEES (O Ea oREN rEccurrence) $ 500,000 10,000 1, CLAIMS -MADE MED EXP (Any one person) s GENII j PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY X ; JECT ; 1 LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X 1 I LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS CPA0814783 5/9/2011 5/9/2012 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Peracodent) $ PROPERTY DAMAGE $ (Per accident) $ $ A X j UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CPP0814783 5/9/2011 5/9/2012 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 - --- DEDUCTIBLE RETENTION $ None $ _ X $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERMEMBER EXCLUDED? (Mandatory In NH) If yyes, describe undue DESCRIPTION OF OPERATIONS Y / NL61010 N / A 5/9/2011 5/9/2012 X WC STATU- I Om - TORY LM11TS ER E.L. EACH ACCIDENT $ 500,000 N E.L. DISEASE - EA EMPLOYEE $ 500,000 below E.L. DISEASE - POLICY LIMIT 8 500,000 A Installation Floater CPP0814783 5/9/2011 5/9/2012 $1,000 Deductible $100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, AddHlonal Remarks Schedule, If more space Is required) See attached page. CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry Street Waterloo, IA 50703 - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PRAICON-01 ININ PAGE 1 OF 1 DESCRIPTION OF OPERATIONS - Prairie Construction Co Inc PO Box 626 Waterloo, IA 50704-0626 City of Waterloo 715 Mulberry Street Waterloo IA 50703 - If "X" is checked above for add, insd forms Gen Liab #GA233 08102, Auto Liab #AA4171 11/05 applies. If "X" is checked above for waiver of subrogation forms Gen Liab #GA233 08/02, Auto Liab #AA4172 11/05. Umbrella is Following Form per Policy Provisions and Conditions. Coverage is extended for work performed under written contract with the above named insured. City of Waterloo and it's employees are included as additional insured with respect to general liability.