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HomeMy WebLinkAboutPrairie Construction Co-4/19/2010Y n FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF REPLACE T -HANGAR DOORS HANGAR A & HANGAR B WATERLOO REGIONAL AIRPORT CITY OF WATERLOO, IOWA This contract made and entered into this 14 day of April 2010, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as (City), and Prairie Construction Co., Inc. .of Waterloo, Iowa, WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 PAR. 5 PAR. 6 , (hereinafter referred to as Contractor), Contractor agrees to build and construct the REPLACE T -HANGAR DOORS. HANGAR A & HANGAR B. WATERLOO REGIONAL AIRPORT , and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before July 30, 2010 , unless an extension of time is granted in writing by the Council of the City. Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by AECOM Project No. 60146113 C-1 Replace T -Hangar Doors — Hangars A & B Waterloo Regional Airport PAR. 7 PAR. 8 PAR. 9 PAR. 10 PAR. 11 PAR. 12 PAR. 13 PAR. 14 reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, AECOM Project No. 60146113 C-2 Replace T -Hangar Doors — Hangars A & B Waterloo Regional Airport PAR. 15 and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $ 146 , 850.00 . PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. AECOM Project No. 60146113 C-3 Replace T -Hangar Doors — Hangars A & B Waterloo Regional Airport PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not Tess than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. CITY OF WATERLOO, IOWA � PRAIRIE CONSTRUCTION CO., INC. Contractor BY: /ti;ut MichaelL. C`ristiason Title: President Approved by the City Council of the City of Waterloo, Iowa, this VI day of L , 2010. City Clerk Waterloo, Iowa AECOM Project No. 60146113 C-4 Replace T -Hangar Doors — Hangars A & B Waterloo Regional Airport Bond No: 54-179823 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Prairie Construction Co., Inc. , of Waterloo, Iowa (hereinafter called the Principal), and United Fire & Casualty Company of Cedar Rapids, Iowa (hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter called the Obligee), in the penal sum of One Hundred Forty—Six Thousand Eight Hundred Fifty Dollars ($146, 850.00 ), lawful money of the United States, to payment of which sum, well and truly to be made, the Principal here firmly binds himself/themselves, his/their heirs, executors, and administrators, and the said Surety binds himself, his successors, assigns, executors, and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, WHEREAS the above bounden Principal did, on the 14th Day of April 2010, enter into a written contract with the City of Waterloo, Iowa, for the construction of Replace T -Hangar Doors, Hangar A & Hangar B, Waterloo Regional Airport, a copy of which contract, together with all of its terms, covenants, conditions, and stipulations, is incorporated herein and made a part hereof as full and completely as if said contract were recited at length herein; and WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons, firms or corporations having contracts directly with the Principal or with subcontractors, all just claims due them for labor performed or materials furnished in the performance of the contract on account of which bond is given when the same are not satisfied out of the portion of the contract price which the public corporation is required to retain until completion of the public improvement, but the Principal and Surety shall not be liable to said persons, firms, or corporation unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. Now, if the Principal shall in all respects fulfill his said contract according to the terms and tenor thereof, and shall satisfy all claims and demands incurred for the same, and shall fully indemnify and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Obligee all outlays and expenses which it may incur in making good any such default, then the obligation is to be void and of no effect, otherwise to remain in full force and effect. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent without notice: 1. To any extension of time to the contract in which to perform the contract. 2. To any change in the plans, specifications, or contract when such change does not involve an increase of more than twenty percent (20%) of the total contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. AECOM Project No. 60146113 PFB-1 Replace T -Hangar Doors — Hangars A & B Waterloo Regional Airport IN WITNESS WHEREOF, we have hereunto set our hands and seals this 14th April , 2010. Prairie Construction Co., Inc. day of Principal By: A Michael L. Christiason, President United Fire & Casualty Company Surety Attorney -in -Fact Dianne '. Riley AECOM Project No. 60146113 PFB-2 Replace T -Hangar Doors — Hangars A & B Waterloo Regional Airport Bond No: 54.179823 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that PRAIRIE CONSTRUCTION CO., INC. (Name of Contractor) 321 WEST 18TH STREET, WATERLOO, IOWA 50702 (Address of Contractor) a Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and United Fire & Casualty Company (Name of Surety) P.O. Box 73909, Cedar Rapids, Iowa 52407-3909 (Address of Surety) hereinafter called Surety, are held and firmly bound unto CITY OF WATERLOO, IOWA (Name of Owner) 715 MULBERRY STREET, WATERLOO, IOWA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of One Hundred Forty—Six Thousand Eight Hundred Fifty Dollars ($146,850.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the 14th day of April 20 10 a copy of which is hereto attached and made a part hereof for the construction of: REPLACE T -HANGAR DOORS HANGAR A & HANGAR B WATERLOO REGIONAL AIRPORT NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. AECOM Project No. 60146113 PB -1 Replace T -Hangar Doors — Hangars A & B Waterloo Regional Airport PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in which shall be deemed an original, this the 14th 2010. ATTEST: Brian A. Tenge (SEAL) By rincipal) Secretary Five (number) day of April counterparts, each one of Prairie Construction Co., Inc. Principal Michael L. Christiason, President Witness as to Principal 321 West 18th Street 321 West 18th Street Waterloo, Iowa 50702 (Address) (Address) Waterloo, Iowa 50702 United Fire & Casualty Company ATTEST: Witness as to Suty' Stacy Venn, Secretary Holmes, Murphy & Associates, Inc. (Address) P.O. Box 9207, Des Moines, Iowa 50306-9207 Surety By L Attorney-in-F=ct D anne S. Riley Holmes, Murphy & Associates, Inc. (Address) P.O. Box 9207, Des Moines, Iowa 50306-9207 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. AECOM Project No. 60146113 PB -2 Replace T -Hangar Doors — Hangars A & B Waterloo Regional Airport UNITED FIRE & CASUALTY COMPANY =' HOME OFFICE - CEDAR RAPII3S, 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 SUZAN K, BLAKE-BUNDY, OR KEVIN J. KNUTSON,"OR JACQUELINE M. DEVINE, ALL: INDIVIDUALLY OF THE CEDAR RAPIDS, IA OFFICE, OR DIANNE S. RILEY OR CRAIG E. HANSEN, OR JAY D FREIERMUTH;, OR BRIAN M. DEIMERLY, OR STEPHANIE RIVERS FINNEY, OR CINDY BENNETT, OR ANNE CROWNER, OR TIM MCCULLOH, OR STACY VENN, ALL INDIVIDUALLY of DES MOINES IA its true and lawful Attorneys) -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 <UNITE? 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 ofinsurance, 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 attorney-in-fact. ��taunutpr IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 15th day of March, 2008 :e`er rte% V RelFNtIS•N 4hiitntt},' State of Iowa, County of Linn, ss: On '15th day of March, 2008, 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 Mary A. Jansen Iowa Notarial Sear Commission- Mim,ei 713273 My Commission Expires 10125110. 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. `�,,tt4H11tb 4 , In testimony imony whereof I have hereunto subscribed my name: and affixed the corporate, seal. of the said Company "..%, this day of Apri 1 20 10 :s ,-5/-g----14 Secretary PRAICON-01 RICH ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMI010 TYPE OF INSURANCEDATE PRODUCER (319) 366-2723 TrueNorth 421 4th Ave SE Box 1863 Cedar Rapids, IA 52406-1863 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Prairie Construction Co Inc PO Box 626 Waterloo, IA 50704-0626 INSURER A: Cincinnati Insurance Company GENERAL INSURER B: Acuity, A Mutual Insurance Co. CPP0814783 INSURER C: 5/9/2010 INSURER D: $ 1,000,000 INSURER E: PDAEMMOEaRExaED nceN ) CO THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR INSRD ADD'L TYPE OF INSURANCEDATE POUCY NUMBER POLICY EFFECTIVE IMM/DD/YY1 POLICY EXPIRATION DATE (MM/DD/YY/ LIMITS A X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CPP0814783 5/9/2009 5/9/2010 EACH OCCURRENCE $ 1,000,000 X PDAEMMOEaRExaED nceN ) $ 500,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10,000 X Contractual Llab Included PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEL AGGREGATE LIMIT APPLIES PER: 7 POLICY n Sr& n LOC PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILE LIIBIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS CPA0814783 • . 5/9/2009 5/9/2010 COMBINED SINGLE LIMIT$ (Ea accident) 1,000,000 X X X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ , GARAGE UABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESSIUMBRELJA X UABIU Y CPP0814783 5/9/2009 5/9/2010 EACH OCCURRENCE $ 5,000,000 OCCUR CLAIMS MADE AGGREGATE $ 5,000,000 DEDUCTIBLE RETENTION $ None $ X $ $ B WORKERS COMPENSATION AND EMPLOYERS' LUIBILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERMEMBER EXCLUDED? If yyes describe under SPEGuIAL PROVISIONS below L61010 5/9/2009 5/9/2010 X TORY LAMINS ER E.L EACH ACCIDENT $ 500,000 EL DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POUCY LIMIT $ 500,000 A OTHER Installation Floater CPP0814783 5/9/2009 5/9/2010 $1,000 Deductible $100,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Project #60146113, Replace T -Hangar Doors - Hangar A and Hangar B, Waterloo Regional Airport, City of Waterloo, Iowa City of Waterloo and the Waterloo Regional Airport are named as Addltional Insured on the General Liability policy. Coverage is provided for work performed under written contract by the above named insured. CERTIFICATE HOLDER CANCELLATION AECOM 501 Sycamore Street, Suite 222 Waterloo, IA 50703 - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) © ACORD CORPORATION 1988 PRAICON-01 RICH IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pollcy(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 The Certificate of Insurance on the reverse side of this form 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 (2001/08) NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of rots) A ) ) ss: County of 8 Iete k 14 tK 1 81-44.v. beVr;cs 1. He is (Owner. Partner, being first duly sworn, deposes and says that: Representative, or Ment) , of K4-1.6) tAe hereinafter referred to as the "Subcontractor;" 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to 4" "a v -ii ., Cat 14--6-ve"4 et& contract pertaining to the tQeris,ee T- $.rm-eir Dee 1 tjeir 04 d' ti.,w A 1,4 e.* - the gejApu.11 AP project in (City or County and State) 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor 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 proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed contract; and 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant (Signed) vP Title Subscribed and sworn to before me this /S day of Frpt' t ,2010. My commission expires lR»sr� KNAPP tc* ow NovemC 2E> pires 0or� Title AECOM Project No. 60146113 NCA -2 Replace T -Hangar Doors — Hangars A & B Waterloo Regional Airport A=COM April 13, 2010 Mr. Bill Smart Prairie Construction Co., Inc. 321 West 18th Street Waterloo, Iowa 50702 AECOM 319 232 6531 tel 501 Sycamore Street 319 232 0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com Subject: Replace T -Hangar Doors - Hangar A and Hangar B Waterloo Regional Airport City of Waterloo, Iowa AECOM #60146113 Dear Mr. Smart: Transmitted herewith are five (5) copies of the Contract, including the Performance and Payment Bonds, for the above -referenced project. Please executed and return all copies to our office for further processing. Please include the following documents when you return the Contract and Bonds. 1. Certificates of Insurance with the City of Waterloo and the Waterloo Regional Airport named as additional insureds. 2. Non -Collusion Affidavit of Subcontractor for each subcontractor proposed for this project. Please return the above documents to our office so that they can be reviewed and forwarded for City Council consideration. If you have any questions or require additional information, please feel free to contact our office at your convenience. ours sincerely, Douglas W. Schindel•. Enclosures: As Noted c: Mr. Brad Hagen Mr. Steve Eaton (w/enclosure) T/UbsPrairie-THangarContract.doc FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF REPLACE T -HANGAR DOORS HANGAR A & HANGAR B WATERLOO REGIONAL AIRPORT CITY OF WATERLOO, IOWA This contract made and entered into this day of 2010, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as (City), and Prairie Construction Co., Inc. of Waterloo, Iowa, WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 PAR. 5 PAR. 6 , (hereinafter referred to as Contractor), Contractor agrees to build and construct the REPLACE T -HANGAR DOORS, HANGAR A & HANGAR B, WATERLOO REGIONAL AIRPORT , and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before July 30, 2010 , unless an extension of time is granted in writing by the Council of the City. Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by AECOM Project No. 60146113 C-1 Replace T -Hangar Doors — Hangars A & B Waterloo Regional Airport PAR. 7 PAR. 8 PAR. 9 PAR. 10 PAR. 11 PAR. 12 PAR. 13 PAR. 14 reason of the failure of said cbntractd and deduct any and all such sums from any amount then due the Contractor. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, AECOM Project No. 60146113 C-2 Replace T -Hangar Doors — Hangars A & B Waterloo Regional Airport PAR. 15 and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $ 146,850.00 PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. AECOM Project No. 60146113 C-3 Replace T -Hangar Doors — Hangars A & B Waterloo Regional Airport PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not Tess than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. CITY OF WATERLOO, IOWA Mayor City Clerk PRAIRIE CONSTRUCTION CO., INC. Contractor BY: Title: Approved by the City Council of the City of Waterloo, Iowa, this day of , 2010. ATTEST: , City Clerk Waterloo, Iowa AECOM Project No. 60146113 C-4 Replace T -Hangar Doors — Hangars A & B Waterloo Regional Airport PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, , of (hereinafter called the Principal), and of (hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter called the Obligee), in the penal sum of One Hundred Forty—Six Thousand Eight Hundred Fifty Dollars ($146 , 850.00 ), lawful money of the United States, to payment of which sum, well and truly to be made, the Principal here firmly binds himself/themselves, his/their heirs, executors, and administrators, and the said Surety binds himself, his successors, assigns, executors, and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, WHEREAS the above bounden Principal did, on the Day of 2010, enter into a written contract with the City of Waterloo, Iowa, for the construction of Replace T -Hangar Doors, Hangar A & Hangar B, Waterloo Regional Airport, a copy of which contract, together with all of its terms, covenants, conditions, and stipulations, is incorporated herein and made a part hereof as full and completely as if said contract were recited at length herein: and WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons, firms or corporations having contracts directly with the Principal or with subcontractors, all just claims due them for labor performed or materials furnished in the performance of the contract on account of which bond is given when the same are not satisfied out of the portion of the contract price which the public corporation is required to retain until completion of the public improvement, but the Principal and Surety shall not be liable to said persons, firms, or corporation unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. Now, if the Principal shall in all respects fulfill his said contract according to the terms and tenor thereof, and shall satisfy all claims and demands incurred for the same, and shall fully indemnify and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Obligee all outlays and expenses which it may incur in making good any such default, then the obligation is to be void and of no effect, otherwise to remain in full force and effect. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent without notice: 1. To any extension of time to the contract in which to perform the contract. 2. To any change in the plans, specifications, or contract when such change does not involve an increase of more than twenty percent (20%) of the total contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. AECOM Project No. 60146113 PFB-1 Replace T -Hangar Doors — Hangars A & B Waterloo Regional Airport IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 2010. Principal By: Surety Attorney -in -Fact AECOM Project No. 60146113 PFB-2 Replace T -Hangar Doors — Hangars A & B Waterloo Regional Airport PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that PRAIRIE CONSTRUCTION CO., INC. (Name of Contractor) 321 WEST 18TH STREET, WATERLOO, IOWA 50702 (Address of Contractor) a Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto CITY OF WATERLOO, IOWA (Name of Owner) 715 MULBERRY STREET, WATERLOO, IOWA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of One Hundred Forty—Six Thousand Eight Hundred Fifty Dollars ($146,850.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20_, a copy of which is hereto attached and made a part hereof for the construction of: REPLACE T -HANGAR DOORS HANGAR A & HANGAR B WATERLOO REGIONAL AIRPORT NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. AECOM Project No. 60146113 PB -1 Replace T -Hangar Doors — Hangars A & B Waterloo Regional Airport PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in counterparts, each one of (number) which shall be deemed an original, this the day of 2010. ATTEST: (Principal) Secretary (SEAL) Witness as to Principal (Address) Principal By (s) (Address) Surety ATTEST: By Attorney -in -Fact Witness as to Surety (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. AECOM Project No. 60146113 PB -2 Replace T -Hangar Doors — Hangars A & B Waterloo Regional Airport