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Peters Construction Corporation-4/4/2011
Init. #AIA Document A101'" - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum 1 AGREEMENT made as of the foray of ' the year two thousand eleven (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Waterloo 715 Mulberry Waterloo, IA 50701 and the Contractor: (Name, legal status, address and other information) Peters Construction Corporation 901 Black Hawk Road PO Box 2940 Waterloo, IA 50704 Telephone Number: 319-236-2003 for the following Project: (Name, location and detailed description) 03072.01 Riverfront Upper Plaza Structure Waterloo, Iowa 50701 South Bank of the Cedar River between Cedar Street, West Park Avenue and the Center for the Arts. The Architect: (Name, legal status, address and other information) INVISION Architecture, LTD 531 Commercial Street Waterloo, Iowa 50701 Telephone Number: 319-233-8419 Fax Number: 319-233-9772 The Owner and Contractor agree as follows. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 T"'-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 A1017°' — 2007. Copyright O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:11:16 on 03/09/2011 under Order No.3196525514_1 which expires on 08/23/2011, and is not for resale. User Notes: (1767466868) Init. 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.) The commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) 1 Contractor shall achieve Substantial Completion by November 1, 2011. AIA Document A101 TM - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:11:16 on 03/09/2011 under Order No.3196525514_1 which expires on 08/23/2011, and is not for resale. User Notes: (1767466868) Inst. Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) Contractor shall pay $500 per day to Owner for each day past Substantial Completion of November 1, 2011. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Million Five Hundred Fourteen Thousand Two Hundred Twelve Dollars and Zero Cents ($ 1,514,212.00 ), 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.) § 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 Cubic Yards of Over -Excavation Lineal Feet of Drilled Piers: for ADDED Length of drilled piers through non -rock material Lineal Feet of Drilled Piers: for DEDUCT length of drilled piers through non -rock material Lineal Feet of Drilled Piers: for ADDED length of drilled piers through rock Lineal Feet of Drilled Piers: for DEDUCT length of drilled piers through rock Units and Limitations § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item No Allowances Price Price Per Unit ($0.00) $55.00 per cubic yard $50.00 per linear foot $17.00 per linear foot $175.00 per linear foot $60.00 per linear foot 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: AIA Document A101 TM - 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:11:16 on 03/09/2011 under Order No.3196525514_1 which expires on 08/23/2011, and is not for resale. User Notes: (1767466868) Init. § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Thirty-first day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the Tenth day of the 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 Thirty ( 30 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5.00 %). 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 A201T2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5.00 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA 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.) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when AIA Document A101' — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:11:16 on 03/09/2011 under Order No.3196525514_1 which expires on 08/23/2011, and is not for resale. User Notes: (1767466868) Init. .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.) § 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 [ J Litigation in a court of competent jurisdiction [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any) % § 8.3 The Owner's representative: (Name, address and other information) AIA Document A101 TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1981, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:11:16 on 03/09/2011 under Order No.3196525514_1 which expires on 08/23/2011, and is not for resale. User Notes: (1767466868) Init. Jamie Knutson City of Waterloo 715 Mulberry Waterloo, IA 50701 Telephone Number: 319-291-4312 Email Address: jamie.knutson@waterloo.ia.or>; § 8.4 The Contractor's representative: (Name, address and other information) David Peters Peters Construction Corporation 901 Black Hawk Road PO Box 2940 Waterloo, IA 50704 § 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.) Title of Specifications exhibit: Exhibit A - Specification Section Title Date Pages § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Exhibit B - Drawings Number Title Date AIA Document Alain' — 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 byAlA software at 14:11:16 on 03/09/2011 under Order No.3196525514_1 which expires on 08/23/2011, and is not for resale. User Notes: (1767466868) Init. § 9.1.6 The Addenda, if any: Number Date Pages 1 February 24, 2011 8 2 March 3, 2011 4 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 E201"1-2007, 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.) Contractor's Bid dated March 4, 2011 Performance Bond Payment Bond Certificate of Insurance 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 ofAL4 Document A201-2007.) Type of insurance or bond Limit of liability or bond amount ($0.00) This Agreement entered into as i e day and year first written above. OWNER (Signature) C • NTRACTO(Signature) Buck Clark, Mayor (Printed name and title) Davidtersrlint 1gr4a0e.1 nted name and title) \J AIA Document A101 TM - 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:11:16 on 03/09/2011 under Order No.3196525514_1 which expires on 08/23/2011, and is not for resale. User Notes: (1767466868) FORM OF BID OR PROPOSAL F.Y. 2011 RIVERFRONT UPPER PLAZA STRUCTURE CONTRACT NO. 808 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 Iowa, a Partnership consisting of the following partners: having familiarized - ' - itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by INVISION, JP -SE, Modus Engineering, Craig Ritland Landscape Architecture and now on file in the office 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 utility and transportation services required to construct and complete this F.Y. 2011 RIVERFRONT UPPER PLAZA STRUCTURE, CONTRACT NO. 808, all in accordance with the above -listed documents and for the bid and alternates. 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, JP -SE, Modus Engineering and Craig Ritland Landscape 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: c.� e'i+r'. 12.--(0.R, NA'AP J o �� y Wit -AAP OfV\ -r 1/16\ ,?.,1i -‘0k, Ct.)\0Q. Q A-0,0 . dollars ($ t • 51 q 1112- ), in lawful money of the United States of America. We have included the required security deposit as required by the Instruction to Bidders. B. C. FORM OF BID OR PROPOSAL CONTRACT NO. 808 Page 1 of 3 F.Y. 2011 RIVERFRONT UPPER PLAZA STRUCTURE UNIT PRICE (SEE SECTION 01 22 00 - UNIT PRICES) A. Unit Price No. 1: Cubic Yards of Over -Excavation 6fkk, Dollars ($5,5- 5- /cubic yard) for ADDED over excavation. B. Unit Price No. 2 - Lineal Feet of Drilled Piers: ($ 5Ni 10. The bidder shall list the MBEIWBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non -Collusion Affidavits of All Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA" 12. The bidder has attached all applicable forms. Peters Construction Corporation 03/04/2011 (Name of Bidder) (Date) i/�°YtAl BY: 'cm,/ Title: Executive Vice President Bradley F. Best`' Official Address: (Including Zip Code): 901 Black Hawk Road Waterloo, IA 50701 I.R.S. No. 42-1414218 FORM OF BID OR PROPOSAL CONTRACT NO. 808 Page 3 of 3 F.Y. 2011 RIVERFRONT UPPER PLAZA STRUCTURE NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of Iowa County of Black Hawk } )ss Bradley F . Best being first duly sworn, deposes and says that: 1. He is (Owncr Partwcr, Officer, of Peters Construction Corporation 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 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 agent, rep esentativ s, owners, employees, or parties in interest, including this affiant. r (Signed) r; a 9 Bradly F. Best Executive Vice President Title Subscribed and sworn to before me this 7th NON -COLLUSION AFFIDAVITS Notary Public y of March 0t- My commission expires Title 10/25/2013 , 201 1. &(e174_— Rachael A. Ryles Iowa Notarial Seal Commission Number 765262 My Commission Expires 10/25/13 CONTRACT NO. 808 Page 1 of 2 F.Y. 2011 RIVERFRONT UPPER PLAZA STRUCTURE RESIDENT BIDDER CERTIFICATION CONTRACT NO: 808 PROJECT NAME: F.Y. 2011 Riverfront Upper Plaza Structure DATE OF LETTING: March 7, 2011 To be a qualified resident bidder; the person, operation, 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 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: Peters Construction Corporation CORPORATED OFFICER: TITLE: DATE: Executive Vice President March 7,2011 RESIDENT BIDDER CERTIFICATION CONTRACT NO. 808 Page 1 of 1 F.Y. 2011 RIVERFRONT UPPER PLAZA STRUCTURE EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forrns will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer; for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program --Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, FORM OF BID OR PROPOSAL CONTRACT NO. 808 Page 1 of 2 F.Y. 2011 RIVERFRONT UPPER PLAZA STRUCTURE subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. (Signed) FORM OF BID OR PROPOSAL () —,�'�a Y1 t . (Appropriate Official) Bradley F. Best Executive Vice President (Title) March 7, 2011 (Date) CONTRACT NO. 808 Page 2 of 2 F.Y. 2011 RIVERFRONT UPPER PLAZA STRUCTURE FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, Peters Construction Corporation as Principal, and United Fire & Casualty Company as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called • '.'OWNER." In the penal sum Five percent of the bid amount ------------------------ Dollars ($ 5% ) lawful money of the United States, for the payment of which sum wilt and truly be made. we bind ourselves, our nelrs, executors, administrators, and successors, jointly end severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accorn an ing bid dated the 7th day of March • , 20 11 , for I:- .Y. 2011pKiverfront Upper Nlaza Structure Contract No. 808 NOW, THEREFORE. (a) If said Bid shell be rejected, or in the alternate. (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons' performing labor or furnishing materials In connection therewith, and shall in ell other respects perform the agreement created by they acceptance of said Did, ••T.hen this obligation shall be void, otherrwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceeo the penal amount or this obligation es herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide me bond as provided In the specifications or by few. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any eXtension of the time within which the Owner may accept such Sid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused thelr corporate seals to be hereto affixed and these Pres• ants to be signed by their proper officers this 7th day of March A.D. Zoo 11 Peters Construction Corporation (Seal) Witness Witness FORM OF SID BOND Principati By f. t .� y (Title) United Fire & Casualty Company (Seal) Sure til) /JJ 8y. I';: 4" 'ter, Jill Shaffer 'nor'n.'tact CONTRACT NO. 808 Page 1 of 1 F,Y. 2011 RIVERFRONT UPPER PLAZA STRUCTURE 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 F. MELVYN HRUBETZ, OR .GREG T. LA MAIR, OR JOYCE 0. HERBERT, OR NANCY D. SCHWARZ, OR MARK E. KEAIRNES, OR PATRICK K. DUFF, OR JEFFREY R. BAKER, OR JOSEPH I SCHMIT, OR JILL SHAFFER, ALL INDIVIDUALLY of WEST DES MOINES IA its true and lawful Attorney(s)-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: Any and All Bonds 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 infull 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 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 "`t`u"� its vice president and its corporate seal to be hereto affixed this 30th day of November , 2010 ,�'r�r��oi -44 rc" CORPORAEE t`a t®14jt4= 0`� State of Iowa, County of Linn, ss: On 30th day of November, 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. UNITED FIRE 8, CASUALTY COMPANY By Vice President Mary A. Jansen Iowa ,Notarial Seal Commission number 713273 My Commission' Expires 10!26113 Notary Public 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. Norg`Et 449 - In test' t: ny whereof I have hereunto' subscribed rny� name and affixed the corporate seal ofthesaid Company rthis n day of March 20 11 CORPORATE sEAL 'oar eAros- BPOA00190706 ry_r,., ;."• • MBEIWBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM Prime Contractor Name: Peters Construction Corporation project:Waterloo Riverfront Upper Letting Date: 03/07/2011 Plaza Structure NO MBEIWBE SUBCONTRACTOR& if you are NOT using any MBEMBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If any MBENVBE subcontractors will be used, please use the bottom portion of this form, ,;f �' 1 /'l, Contractor Signature: ;. L. /1 r —✓ , Title: Executive Vice President Date: 03/07/2011 Bradley F. Best SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the information on this form showing ALL of your MBENVBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions should be directed to Contract Compliance Office 319-291-4429. You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your MBENVBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBENVBE firms to perform portions of the work, please contact Louis Starks, Contract Compliance Officer, for assistance at (319) 291-4429. In the event it is determined that the MBENVBE Business Enterprise goals are not met, then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. TABLEOF INFORMATION SHOWING BIDDER'S PRE-BID MBEIWBE BUSINESS ENTERPRISE CONTACTS Quotes Received Quotation used in bid MBE/WBE Subcontractors Dates Contacted Yes/No Dates Contacted Yes/No Dollar Aniount Proposed to be Subcontracted Derrick Carter Carter Electric 2/18/11 Nu Martin Culpepper Culpepper Electric 2/18/11 N� Sammy Daniels Daniels Home Improvement 2/18/11o Terry Phillips D.C. Corporation 2/18/11 NO Willie Greer Greer's Works 2/18/11 1`.1� (Form CCO-4) Rev. 06-20-02 TA LE OF INFORMATION SHOWING BIDDER'S PRE-BID MBEIWBE BUSINESS ENTERPRISE CONTACTS Quotes Received Quotation used in bid MBE/'WBE Subcontractors Dates Contacted Yes/No Elates Contacted Yes/No Dollar Amount Proposed to be Saabcontracted Edd Stark Starks Painting & Contracting 2/18/11 N o David Love Love's Enterprise 2/18/11 X10 David L. Greer, Sr. Old Greer's Works 2/18/11 NO W.C. Stokes Pauline Company, Inc. 2/18/11 Nip Leroy Harrington Quick Construction 2/18/11 i\lt) Charles Schauf Charlie Schauf Trucking 2/18/11 Shelley Moline Atlas Painting, Inc. 2/18/11 fJD Patrica J. Kimball Watco Construction, Inc. 2/18/11 1",1c1 (Form CCO-4) Rev. 06-20-02 Exhibit A Specification Specification Sections Pages Division 00 - Procurement and Contracting Requirements 90 Division 01 - General Requirements 26 Division 02 - Existing Conditions 3 Division 03 - Concrete 22 Division 04 - Masonry 0 Division 05 - Metals 5 Division 06 - Wood, Plastics and Composites 0 Division 07 - Thermal and Moisture Protection 13 Division 08 - Openings 2 Division 09 - Finishes 0 Division 10 - Specialties 0 Division 12 - Furnishings 4 Division 14 - Conveying Equipment 0 Division 21 - Fire Suppression 0 Division 22 - Plumbing 0 Division 23 - Heating, Ventilation and Air Conditioning (HVAC) 0 Division 26 - Electrical 43 Division 27 - Communications 0 Division 28 - Electronic Safety and Communications 0 Division 31 - Earthwork 12 Division 32 - Exterior Improvements 34 Exhibit B Drawings Sheet No. Sheet Title Drawing Date A0.0 Cover Sheet February 11, 2011 A0.1 Site Survey & Site Removals February 11, 2011 A0.2 Site Plan, Drainage Plan February 11, 2011 A1.0 Parking Level Plan February 11, 2011 A1.1 Plaza Level Plan February 11, 2011 A1.2 Roof Plan, Roof Drainage February 11, 2011 A2.0 Elevations February 11, 2011 A3.0 Sections (Overall) February 11, 2011 A3.1 Sections February 11, 2011 A5.0 Details February 11, 2011 A5.1 Details February 11, 2011 S0.1 Structural Notes February 11, 2011 S1.0 Structural Foundation Pian February 11, 2011 S1.1 Structural Plaza Framing Pian February 11, 2011 S7.0 Structural Details February 11, 2011 S7.1 Structural Details February 11, 2011 E1.1 Parking Level Electrical Plan February 11, 2011 E1.2 Plaza Level Electric Plan February 11, 2011 E1.3 Electric Raceway Plan February 11, 2011 E5.0 Electric Schedules and Details February 11, 2011 L1.1 Landscape Plan February 11, 2011 L1.2 Landscape Details February 11, 2011 L2.1 Irrigation Plan February 11, 2011 AccpRif CERTIFICATE OF LIABILITY INSURANCE 3DATE /14/2011m THIS CERTIFICATE 15 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 Brualmel Madsen & Assoc., Inc. 318 Main Street P.O. Box 399 Cedar Falls IA 50613 CONTACT NAME: 319.266.2644 x116 FAX (AH/CNN Ext): No):319.277.2429 ADDRESS: PRODUCER CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Peters Construction Corp PO Box 2940 Waterloo IA 50704 INSURER A :Integrity Mutual Insurance X INSURER B: CPP2624256 INSURER C: INSURER D: $ 1,000,000 INSURER E: PREMISES (Ea occuE ence) INSURER F: COVERAGES CERTIFICATE NUMBER:10-11 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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 (MMIDDIYYYY) POLICY EXP (MMIDDNYYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR X CPP2624256 08/01/201008/01/2011 EACH OCCURRENCE $ 1,000,000 X PREMISES (Ea occuE ence) $ 100,000 CLAIMS -MADE X MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , 000 , 000 POLICY X ,1719T- LOC $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CA2624257 08/01/201008/01/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ X X $ $ A UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP2624259 08/01/2010 08/01/2011 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DEDUCTIBLE RETENTION $ 0 $ X $ A WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESRIPTION OF OPERATIONS YIN N / A WCP2624258 08/01/2010 08/01/2011 YWCSTATOTH- TORY LIMIU-TS ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500 , 000 below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project #03072.01: Riverfront Upper Plaza Structure. City of Waterloo and INVISION are additional insured for ongoing operations as required by written contract. CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry St. Waterloo, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Scott Cessna/BEID —7 es iaz_ ACORD 25 (2009/09) INS025 (200909) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on be- half of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. ' ISO Properties, Inc., 2004 Page 1 of 1 THE AMERICAN INSTITUTE OF ARCHITECTS Bond Number 54-183766 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): Peters Construction Corporation 901 Black Hawk Rd. PO Box 2940 Waterloo, IA 50704 OWNER (Name and Address): City of Waterloo 715 Mulberry St. Waterloo, IA 50703 SURETY (Name and Principal Place of Business): United Fire & Casualty Company 118 2nd Ave. SE Cedar Rapids, IA 52401 CONSTRUCTION CONTRACT Date: March 14, 2011 Amount:One Million Five Hundred Fourteen Thousand Two Hundred Twelve & No/100—Dollars ($1,514,212.00) Description (Name and Location): Waterloo Riverfront Renaissance Upper Plaza Structure Waterloo, Iowa BOND Date (Not earlier than Construction Contract Date): March 14, 2011 Amount: One Million Five Hundred Fourteen Thousand Two Hundred Twelve & No/100—Dollars ($1,514,212.00) Modifications to this Bond: ® None 0 See Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Peters Constrtion Corporation Signature: Name and Title:Bradley Best Executive Vice President (Any additional signatures appear on page 3) SURETY Company: United Fire & Signature Name and Tit (Corporate Seal) ualty Company zir oyce O. Herbert, Attorney -in -Fact (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: LaMair-Mulock-Condon Co. 4200 University Ave., Ste 200 West Des Moines, IA 50266 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): InVision Architecture 531 Commercial St., Ste 900 Waterloo, IA 50701 AIA DOCUMENT A312 ^ PERFORMANCE BONG AND PAYMENT BOND • DECEMBER 1984 ED. • AIA ,1y THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 1 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, succes- sors 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 Construction Contract. If the Owner, the Contractor and the Surety agree, the Contrac- tor 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 Para- graph 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 Con- tract; 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 Construction Con- tract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Own- er'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 to perform and complete, arrange for completion, or obtain a new contractor and with rea- sonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practible after the amount is determined, 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 Surety is ob- ligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction 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, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 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 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 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 A THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 2001)6 A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS Bond Number 54-183766 AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Peters Construction Corporation 901 Black Hawk Rd., PO Box 2940 Waterloo, IA 50704 as Principal, hereinafter called Principal, and, United Fire & Casualty Company 118 2nd Ave. SE Cedar Rapids, IA 52401 as Surety, hereinafter called Surety, are held and firmly bound unto City of Waterloo (Here insert full name and address or legal title of Owner) 715 Mulberry St. Waterloo, IA 50703 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Million Five Hundred Fourteen Thousand Two Hundred Twelve & No/100- 11sere-i+ssert- a�tt ar-e -te-at ieasFone-half-oaf--the-conasact-ps cal— Dollars ($1,514,212.00 1, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. (Here insert full name and address or legal title of Contractor) (Here insert full name and address or legal title of Surety) WHEREAS, Peters Construction Corporation Principal has by written agreement dated March 14, 2011 , entered into a contract with Owner for (Here insert full name, address and description of project) Waterloo Riverfront Renaissance Upper Plaza Structure Waterloo, Iowa in accordance with Drawings and Specifications prepared by InVision Architecture 531 Commercial St., Ste 900 Waterloo, IA 50701 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. (Here insert full name and address or legal title of Architect) AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • MA FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 3 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, Tight, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this 14th day of (Witness) 1 accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States Distfict Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. March 2011 Peters Construction Corporation (Principal) (Sean Bradley Best 1 owe) Executive Vice President United Fire & Casualty Company (Surely) (St aU Joyce. 0. Herbert (Tit/Attorney-in-Fact AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR ANI) MATERIAL PAYMENT BOND • AIA n FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 17iS N.Y. AVE., N.W., WASHINGTON, D. C. 20006 4 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 F. >MELWN HRUBETZ, OR GREG T. LA MAIR OR JOYCE 0 HERBERT, OR NANCY D. SCHWARZ, OR MARK E. KEAIRNES, OR PATRICK K. DUFF. OR JEFFREY R- BAKER, OR JOSEPH I SCHMIT OR JILL SHAFFER, ALL INDIVIDUALLY of WEST DES MOINES IA its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute bonds, undertakings and other obligatory instruments of similar nature as follows: Any and All Bonds 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 Attorney Is made and executed pursuant to and by authority of the following By-Lawduty 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 previously given to any attomey-in-fact. `auks „int IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by �, ..1 its vice president and its corporate seal to be hereto affixed this 30th day of .November , 2010 9314 muvamm in its behalf alt lawful 11,4k ktrtos,;: ontirmu State of Iowa, County of Linn, ss; On 30th day of November, 2010, before me personally came Dennis J. Richmann to me known, who being by me duty 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 seat; 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. UNITED FIRE &CASUALTY COMPANY 4, - By U.lL wY..sz..- Vice President Mary A. Jansen [owe NQleni Seal Commission number 713273 My Commission Expires 10/26,13 .Notary Public 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.. '`��a�s�& 9La 3�. ,, In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company ( this 14th day of March 2011