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HomeMy WebLinkAboutHuff Contracting Inc-7/26/20104!&L&IA Tdl Document AIOITM — 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Twenty-sixth day of July in the year Two Thousand Ten (In words, indicate Bay, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Waterloo 715 Mulberry Street Waterloo, IA 50701 and the Contractor: (Name, legal status, address and other information) Huff Contracting, Inc. 1310 Grandview Avenue Waterloo, IA 50703 Telephone Number: 319-233-9000 Fax Number: 319-233-1164 for the following Project: (Name, location and detailed description) 10014- Young Arena Expansion ProjectPhase 1 Young Arena 125 Commercial St Waterloo, IA 50701 The Architect: (Name, legal status, address and other information) INVISION Architecture, LTD 531 Commercial #900 Waterloo, IA Telephone Number: 319.233.8419 Fax Number: 319.233.8419 The Owner and Contractor agree as follows. This document has important legal consequences. Consultation with an attomey is encouraged with respect to its completion or modification. AIA Document A201 TM' -2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Inst 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 t maximum extent possible under the law. This document was produced by AIA software at 10:39:32 on 07/21/2010 under Order No.3196525514_1 which expires on 08/23/2011, and is not for resale. User Notes: (946565225) 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. I§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than One hundred twenty-eight _( 128 ) 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.) AIA Document A101 T°1 - 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this 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 10:39:32 on 07/21/2010 under Order No.3196525514_1 which expires on 08/23/2011, and is not for resale. User Notes: (946565225) 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) 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 Two Hundred Ninety-five Thousand Four Hundred Sixty-one Dollars and Zero Cents ($ 295,461.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) Alternate No. 1 - Ductwork for Future ERV - Add $6,025.00 § 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 Units and Limitations Price Per Unit ($0.00) NA § 4.4 Allowances included in the Contract Sum, if any: (Idents allowance and state exclusions, if any, from the allowance price.) Item Price Allowance No. 1 — Purchase, delivery $7,500.00 and installation of exterior signage ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 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 Inst AIA Document A101TM — 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. Ati rights reserved. WARNING: This AIA0Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO Document, or arty portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 10:39:32 on 07/21/2010 under Order No.3196525514_1 which expires on 08/23/2011, and is not for resale. User Notes: (946565225) Init. 1 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 A201TM-2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of 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 .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: 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 JA® 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 10:39:32 on 07/21/2010 under Order No.3196525514_1 which expires on 08/23/2011, and is not for resale. User Notes: (946565225) Init. 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 Litigation in a court of competent jurisdiction Other (Spec) 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) Rick Curran Waterloo Leisure Services 1101 Campbell Ave Waterloo, IA 50701 319-291-4370 319-291-4297 — fax Rick.curran@Waterloo-ia.org AIA Document A101 T" - 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:39:32 on 07/21/2010 under Order No. 3196525514_1 which expires on 08/23/2011. and is not for resale. User Notes: (946565225) 'nit § 8.4 The Contractor's representative: (Name, address and other information) Chad Kelley Huff Contracting, Inc. 1310 Grandview Avenue Waterloo, IA 50703 319-233-9000 319 -233 -1164 -fax § 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 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 Number § 9.1.6 The Addenda, if any: Title Date Number Date Pages 1 June 23, 2010 13 2 July7,2010 15 AIA Document MVP" — 2007. Copyright CO 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 10:39:32 on 07/21/2010 under Order No.3196525514_1 which expires on 08/23/2011, and is not for resale. User Notes: (946565225) !nit Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E201TM 2007, Digital Data Protocol Exhibit, if completed by the parties, or the fl .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 bia 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 July 12, 2010 Certificate of Insurance Performance and Payment Bond ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 ofAIA Document A201-2007.) Type of insurance or bond General Liability Automobile Liability Worker's Compensation Umbrella Liability Limit of liability or bond amount ($0.00) $1,000,000 Combined Single Limit per occurrence; $1,00,000 aggregate $1,000,000 Combined Single Limit Statutory Benefits: $100,000 Coverage B $1,000,000 Combined Single Limit: $2,000,000 Aggregate ent entered into as of the day and year first written above. NER (Signature) Ernest G Clark, Mayor (Printed name and title) CONTRACTOR (Signature) Chad Kelley (Printed name and title) AIA Document A101"1 — 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 AJA® 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 10:39:32 on 07/21/2010 under Order No.3196525514 1 which expires on 08/23/2011, and is not for resale User Notes: (946565225) DOCUMENT 00 41 00 BID FORM THE PROJECT AND THE PARTIES 1.01 TO: A. Owner 1. City of Waterloo. 1.02 FOR: A. Young Arena Expansion Project Phase 1. 1.03' DATE: 7/12/10 (Bidder to enter date) 1.04 SUBMITTED BY: (Bidder to enter name and address) A. Bidder's Full Name Huff Contracting Inc. 1. Address 1310 Grandview Avenue 2. City, State, Zip Waterloo, IA 50703 1.05 OFFER Fax 319-233-1164 Phone 319-233-9000 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, LLC; and Modus Engineering for the above mentioned project, we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Sum of: B. Iwo hundite4 P,t96rt1-AIne.'thousand -1 viz -Yhhwz-N-six 4 °d/loo dollars. C. ($229,430.00 ), in lawful money of the United States of America. D. We have included the required security deposit as required by the Instruction to Bidders. E. All applicable federal and State of Iowa taxes are excluded in the Bid Sum. 1.06 ACCEPTANCE A. This offer shall be open to acceptance and is irrevocable for thirty days from the bid closing date. 'B. If this bid is accepted by Owner within the time period stated above, we will: 1. Execute the Agreement within seven days of receipt of Notice of Award. 2. Furnish the required bonds within seven days of receipt of Notice of Award. 3. Commence work within seven days after written Notice to Proceed of this bid. Young Arena Expansion Project Phase 1 City of Waterloo Waterloo, Iowa Project # 10014 00 41 00 BID FORM Page 1 of 2 1.07 CONTRACT TIME A. If this Bid is accepted, we will: B. Complete the Work In Z28 calendar days from Notice to Proceed, (Bidder to enter number of days.) 1.08 ALTERNATES - SEE SECTION 01 23 00 C. Alternate No. 1: Ductwork for Future ERV. 1, ADD S/ 005/0 /0 ($ 1.00Z5, 7wE£Au71 -FA/0,0 .,a07 ollars. ), in lawful money of the United States of America. 1.09 ADDENDA . A. The following Addenda have been received. The modifications to the Bid Documents noted below have been considered and all cos sre Included in the Bid Sum. 1. Addendum # 1 Dated 6/23/10 2. Addendum # 2 Dated 1/1/10 3. Addendum # Dated 4. Addendum # Dated 1.10 BID FORM SIGNATURE(S) A Huff Contracting Inc. B. (Bidder - • ri tII na •,/./• ur firm) (Authorized signing officer, Title) END OF DOCUMENT Young Arena Expansion Project Phase 1 Project # 10014 City of Waterloo Waterloo, Iowa 00 41 00 BID FORM Page 2 of 2 Exhibit A— Specification Young Arena Locker and Skybox Phase 1 10014 Section Title Date Pages Division 00 Procurement and Contracting Requirements June 11, 2010 33 Division 01 General Requirements June 11, 2010 40 Division 02 Existing Conditions June 11, 2010 4 Division 03 Concrete June 11, 2010 17 Division 04 Masonry June 11, 2010 8 Division 05 Metals June 11, 2010 8 Division 06 Wood, Plastic, and Composites June 11, 2010 9 Division 07 Thermal and Moisture Protection June 11, 2010 31 Division 08 Openings June 11, 2010 21 Division 09 Finishes June 11, 2010 17 Division 10 Specialties June 11, 2010 2 Division 12 Furnishings June 11, 2010 2 Division 31 Earthwork June 11, 2010 10 Division 32 Exterior Improvements June 11, 2010 8 Exhibit B — Plans Young Arena Locker and Skybox Phase I 10014 Number Title Date A0.00 Cover Sheet June 11, 2010 A0.00 Title Sheet June 11, 2010 A0.01 Code Review, Wall Types, Opening Schedules June 11, 2010 A0.50 Site -Demo Plans June 11, 2010 A1.10 Floor -Roof Plan June 11, 2010 A2.01 Exterior Elevations June 11, 2010 A3.01 Wall Sections June 11, 2010 A4.01 Interior Elevations -RCP June 11, 2010 A5.01 Details June 11, 2010 50.01 Structural Notes June 11, 2010 51.10 Structural Plans June 11, 2010 S7.01 Structural Details June 11, 2010 S7.02 Structural Details June 11, 2010 ME0.0 MEP Cover Sheet June 11, 2010 M1.0 Mechanical Plans June 11, 2010 E1.0 Electrical Plans June 11, 2010 Rb® CERTIFICATE OF LIABILITY INSURANCE OP IDFC i HUF07/21/10 DATE pagraurml PRODUCER The Sinnott Agency, Inc. 622 W 4th St., PO Box 1918 Waterloo IA 50704 Phone: 319-233-6103 Fax: 319-234-8133 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE POUCIES EXTEND OR BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED HUFF CONTRACTING, INC GRANDVIEW MANUFACTURING, INC. HUFF CONSTRUCTION 1310 GRANDVIEW AVE WATERLOO IA 50703 INSURERS Au, «.—...v trisonorso co 42579 INSURER EL INSURERC. INSURER IT A INSURER E GENERALUARUTY COVERAGES THE POLICIES OF INSURANCE ANY REOUIR9¢Nf, MAY PERTAIN, THE INSURANCE POUCIES. AGGREGATE LISTED BELOW NAVE BEEN ISSUED TO T E INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOIWTHSTANDNG DOCUMENT WITH RESPECT TO MUCH THIS CERTWICATE MAY BE ISSUED OR HEREIN R SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONWRONS OF SUCH CLAIMS. 10 OATSYROTEN TERM OR COMMON OF ANY CONTRACTOR OTHER AFFORDED BY THE POUCIES DESCRIBED UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID QM LTR ADM UTO TYPE OF INSURANCE POLICYNIUER POLICY MECUM DATE (MAVDQRYYY) POLICY EXPIRATION DATE(MMIDWYYYY) LIMITS A GENERALUARUTY c RcwLLNERALLIABBDY ACPMCT07170074697 01/04/10 01/04/11 EACH OCCURRENCE 8 1000000 X RENTED PR TO) $ 100000 CLANS MADE X TER MED EXP (Any one pmt) S 5000 PERSONAL S ADV NAIRY s 1000000 GENERAL S 2000000 GENT. AGGREGATE LIMITAPPUES PER: PRODUCTS- COMP/OP AGG $ 2000000 POLICY n CT LOC A AUTOMOBILE r UMW/ ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ACPBA7170074697 01/04/10 01/04/11 $ 1000000 X COMBINED SINGLE LSAT sonikenq BODILY INJURY (Per person) s BODILY INJURY (Perm $ PROPERIV DAMAGE (Per =Inert) $ GARAGE LIABILITY ANY AUTO AUTO WILY- EA ACCIDENT s OTHER THAN ACC S AUTO ONLY: AGO s A EXCESS X /UINIRBLAUA LITY ACPCAA7170074697 01/04/10 01/04/11 EACH OCCURRENCE s 2000000 OCCUR CLAWS MADE AGGREGATE s 2000000 DEDUCTIBLE RETENTION 8 s $ 8 A WORKERSCOMPENSATR)N MID EMPLOYERS. LIABILITY Y/N ANYPRDPRIETDR/PARTNERFOEcuWE OFFICER/MEMBER E CLUD:D?pi (ManOR4)m WE nom, Manta under SPECIAL PROVISIONS bean ACPWCD7170074697 01/04/10 01/04/11 X U- WC STAT TORY LIMITS OTH- ER EL EACH ACCIDENT s 500000 EL DISEASE - EA EMPLOYEE s 500000 EL DISEASE -POLICY MDT 8 500000 A OMER INLAND MARINE RENTED / LEASED ACPCIM7170074697 ACPCIM7170074697 01/04/10 01/04/10 01/04/11 01/04/11 INST FLTR RENTED/LE 25000 50000 DESCRIPTION OF OPERATIONS / LOCATIONS /VENWLES / MCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS FOR THE PROJECT DESCRIBED AS YOUNG ARENA EXPANSION PROJECT PHASE I: OF WATERLOO & INVISION ARCHITECTURE ARE NAMED AS ADDITIONAL INSURED. THE CITY CERTIFICATE HOLDER CANCELLATION CITY OF WATERLOO 715 MULBERRY ST WATERLOO IA 50703 CITYWLO 10 OATSYROTEN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BERME THE E LPRATON DATE TEREOF, THE ISSUING NSURERWOL ENDEAVOR TOTWA NOTICE TO THE CERTIFICATE HOLGER NAMED TO T E LEFT, BUT FAIMRE TO OO BO MALL MOOSE NO OBLIGATION OR LIABILITY OF ANY RIND UPON THE INSURER, ITS AGENTS ON REPRESENTATIVES. .0 "`^'w ACORD 25 (2009101) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) THE AMERICAN INSTITUTE OF ARCHITECTS Bond Number 54-182407 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): Huff Contracting Inc 1310 Grandview Avenue Waterloo IA 50703 OWNER (Name and Address): City of Waterloo 715 Mulberry Street Waterloo IA 50701 CONSTRUCTION CONTRACT Date: July 26, 2010 Amount: Two Hundred Ninety-five Thousand Four Hundred Sixty-one & no/100ths ($295,461.00) Description (Name and Location): 10014 - Young Arena Expansion Project Phase I, Young Arena, 125 Commercial St, Waterloo IA 50701 BOND Date (Not earlier than Construction Contract Date): July 26, 2010 Amount: Two Hundred Ninety-five Thousand Four Hundred Sixty-one & no/100ths ($295,461.00) Modifications to this Bond: 0 None 01 See Page 6 SURETY (Name and Principal Place of Business): United Fire & Casualty Company 118 Second Avenue SE Cedar Rapids IA 52401 CONTRACTOR AS PRINCIPAL SURETY Company: Hontractin!4 fC(Corporate Seal) Company: United Fire & CasualttJ orporate Seal) Signature. Name and Title: (Any additional signatures appear on page 6) Company —� Signature JLQ.. Name and Title: Nal_c • . S •hw•: rz, orney-in-Fact (FOR INFORMATION ONLY—Name, Address and AGENT or BROKER: LaMair-Mulock-Condon Co. 4200 University Avenue #200 West Des Moines IA 50266 Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other party): INVISION Architecture, LTD 531 Commercial #900 Waterloo IA MA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • MA R THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 200Ub 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 incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, ,materials or equipment for use in the performance of the Construc- tion Contract, provided the Owner has promptly noti- fied the Contractor and the Surety (at the address de- scribed in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, di- rectly 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 sub- stantial 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 mate- rials 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 with- in 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compli- ance. Section 6 is Amended - See AIA Bond Page 6 6 luyf9 /)llJI( H/t'f`ik� DYafit iNiitiatkle Mif/dd,'d WAWIA NHAra- 1 / �N l ltNil�lfdV f reiM Bell Ui(i/lfY�ll$fd�ld�t�jdl�l ex - 6.1 /Ili fi/#Ull1 ilifil il��h.` di'lN IWirWagj ij wfhe 1100 11#14400/01 IONONA1OINP9►I�t'�dfi4�'/ Waal u MINNI +nroUMINAM#1100#►a/rY 61ANWIMMIal- 6.2 RIYININIMPINNIONOVOMMItiliVIAMUMNIVOd //laii6ts. 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 priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obliga- tions 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, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdic- tion 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 Sub- paragraph 4.1 or Clause 4.2 (iii), 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 Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applica- ble. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be suffi- cient 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 R THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 5 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish 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, light, heat, oll, 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 all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO 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. *MAO THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE, N.W., WASHINGTON, D.C. 20008 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 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, 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 Al 1 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 -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 .otthe 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 attorney-in-fact. ottui44,,, IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by 'x-6141 �its vice president and its corporate seal to be hereto affixed this 2nd day of Apri 1 ,. 2007 :Q coRPORATE %i SEAL ttttttttt State of Iowa, County of Linn, ss: On 2nd day of April, 2007, 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 & CASUALTY COMPANY Vice President ) Mary A. Jansen lova Notarial Seal Commission number 713273 My Commission Expires 10/26/10 Notary Public , 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'T,, `` In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company "01. this 26th day of July 2010 SF CORPORATE CVL iii —.-- , iCle SEAL .4. .,sed a -Top a N,, /tNiinl4 Secretary BPOA00190706 O rY1 THE AMERICAN INSTITUTE OF ARCHITECTS Bond Number 54-182407 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): Huff Contracting Inc 1310 Grandview Avenue Waterloo IA 50703 OWNER (Name and Address): City of Waterloo 715 Mulberry Street Waterloo IA 50701 CONSTRUCTION CONTRACT Date: July 26, 2010 Amount: Two Hundred Ninety-five Thousand Four Hundred Sixty-one & no/100ths ($295,461.00) Description (Name and Location): 10014 - Young Arena Expansion Project Phase I, Young Arena, 125 Commercial St, Waterloo IA 50701 BOND Date (Not earlier than Construction Contract Date): July 26, 2010 Amount: Two Hundred Ninety-five Thousand Four Hundred Sixty-one & no/100ths ($295,461.00) Modifications to this Bond: M None 0 See Page 3 SURETY (Name and Principal Place of Business): United Fire & Casualty Company 118 Second Avenue SE Cedar Rapids IA 52401 CONTRACTOR AS PRINCIPAL SURETY Company: Huff Contracting Inc (Corporate Seal) companyUnited Fire & Casualty(Corporate Seal) Company Signature• Signature• w Name and Tit e: Goad - VIOaGek @- i,• Name and Title: N . Sdhw- rz, A orney-in-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other party): INVISION Architecture, LTD 531 Commercial #900 Waterloo IA AGENT or BROKER: LaMair-Mulock-Condon Co. 4200 University Avenue #200 West Des Moines IA 50266 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA !� THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 1 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: SURETY (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 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 3 t>. k