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Woodruff Construction - Hangar No. 4 Rehab-11/20/2017
FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF HANGAR NO. 4 REHABILITATION CITY OF WATERLOO, IOWA IDOT Project No. 91180AL0200 IDOT Contract No. 19599 This contract made and entered into this z day of wr , 2017, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Woodruff Construction, LLC of 1717 Falls Avenue, Waterloo, Iowa 50701, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 PAR. 5 PAR. 6 PAR. 7 PAR. 8 Contractor agrees to build and construct the HANGAR NO. 4 REHABILITATION, IDOT Project No. 91180AL0200, Iowa DOT Contract No. 19599, 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 April 20, 2018, 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 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, PAR. 9 PAR. 10 PAR. 11 PAR. 12 PAR. 13 PAR. 14 PAR. 15 PAR. 16 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, 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. 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 $65,522.00 (Sixty Five Thousand Five Hundred Twenty -Two and no/100 Dollars), and as shown in Exhibit A to this contract. PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 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. 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. 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. 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. 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 less 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 W ERLOO, 10 Mayor P-b�—C City Cler'l� 1n/00 GI ru ff' CO nsi►&ui i►k / SGC Contractor BY: 771 Title: A/;c kd4s Q. Filo j E� y Z`' day of Approved by the City Council of the City of Waterloo, Iowa, this ATTEST: \Li /‘ Cit�Clerk Waterloo, Iowa 604, p/.g:,/6Af l -i 2017. FORM OF BID OR PROPOSAL HANGAR NO. 4 REHABILITATION CITY OF WATERLOO, IOWA IDOT Project No. 91180AL0200 IDOT Contract No. 19599 Honorable Mayor and City Council Waterloo, Iowa EXHIBIT A Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the Statp�f 0WA, a Partnership consisting of the following partners: bon V400dyu4f ViC C F} having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by AECOM now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this HANGAR NO. 4 REHABILITATION, IDOT Project No. 91180AL0200, IDOT Contract No. 19599. all in accordance with the above -listed documents and for the unit prices for work in place for the following Items and quantities: HANGAR NO. 4 REHABILITATION Ref. Item Item Unit Estimated Quantity Unit Bid Price Total Bid Price 1 Mobilization LS 1 $ ct gbh ' - $ 9; 0-7) 2 Remove Windows Each 27 $ iK° `' $ 3 9 44 $ 2ty olac) w 3 Replace Window (33" x 56") Each 23 $ 1 NO a 4 Replace Window (49" x 56") Each 4 $ i! 375 9'4' Pia $ 6;572 a 5 Replace Light Fixture with LED Fixture Each 30 $ (Cts ` $ 207 010 w TOTAL BID AMOUNT $ a S; 5?7 a 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid Is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued, 4. Security in the sum of W. Pere -en F Dollars ($ 5 % A1' "Biel ) in the form of 'Wild is submitted herewith In accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. / 6. Attached hereto is a Resident Bidder Certification ( ✓ ), or Non -Resident Bidder Certification ( ). (Mark one.) 7. The bidder Is prepared to submit a financial and experience statement upon request. FORM OF BID HANGAR NO. 4 REHABILITATION FB -1 of 2 AECOM 60555170 8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. Date 11'3-11 10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non -Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. frJO1Odr1J)flS'1/Re,ion, W . (Name o Bidder) (Date) 1 • rY /Of ci , 1• ess. Including Zip Code): • BY: lin rads I9vonute Title arT !'C l 017 OeSd6iel Wcae.rt;U0; %ova &101 I.R.S. No. 1(o —072_.110 FORM OF BID HANGAR NO. 4 REHABILITATION AECOM 60555170 FB -2 of 2 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of f U (416U ) )ss County of IGteR/ .,UI(_ ) (,h i lays f rd , being first duly sworn, deposes andte%saayys�that: 1. He is (Owner, Partner, Officer, Representative, or Agent) , of V v �.r/(�FVr af (t C 70/') r , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid Is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties innnterest, idine this affiant. (Signed) Michoku !FIA EOSE— 12 -Tion Wee& Title Subscribed and sworn to before me this rday of / vkve?11. f _ 11ta.1PjZ/ / Title My commission expires 8/27/r-7 GENEVIEVE C. L. JURGENSON o Commission Number 780011 My Commission Expires • • ,.,, • 8'2-1 NON -COLLUSION AFFIDAVITS HANGAR NO. 4 REHABILITATION AECOM 60555170 NCA -1 of 2 CONTRACT NO: PROJECT NAME: DATE OF LETTING: RESIDENT BIDDER CERTIFICATION rg599 11 al- 0. 4 Reia i/r/wbvo uvernber q, 2017 To be a qualified resident bidder, the bidder shall be a person or entity authorized to transact business in this state and having a business for at least three years prior to the date of the first advertisement for the public improvement. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country. This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the work site until this project is completed. I hereby certify that I am a resident bidder as defined above. COMPANY NAME kkadf-G%�L CORPORATE -- OFFICER TITLE S� NO %f -1L, DATE I l 17 il''l? //J RESIDENT BIDDER HANGAR NO. 4 REHABILITATION AECOM 60555170 RB -2 of 3 Drn -i nw 0 m 0-o m2 Fon 730007WP 7-97 Contractor kr•kr It ' tlEtn, OnJ LL Piled# a 1'14SORLO2oo TARGETED SMALL BUSINESS (TSR) T County L71a�k^Y1ClWK PRE-BID CONTACT INFORMATION O city IA\0 PYLOD (To Be Completed ByAJI Sdders Per The Current Contract Provision) 0 Z In order fayourtidtobeconsideredrespansive.yasare required tapreside olanai ontltislartnshoxingyourTargeted Small Business cenladsmadewith your bid submission. Misinformation is subject to verification andcarkrma5ort. Page; In the event itisdeteminedthattheTargeted Small Business goals arena met, then here ewerdingThe cooaarl,the ContramngAuthaitywi11 make edetemlaefim estcwhethaornatheapparentsrccessai lowbidder made goad faith efatsto meet The goals. NOTE: Evayefatshall be madetosclioll quetesorbldson es mmys itcun acttb eitemsasnccessalytonc ievemeestablished goals Ha TSB's pude is usedinthablot Itisessm cdtlrtthetumfistedwdl be used as a srbcaltrada. TABLE OF INFORMATION SHOWING BIDDERS PREBID T. SUBCONTRACTOR TSB DATES CONTACTED QUOTES RECEIVED QUOTATION USED IN BID YES/ NO DATES CONTACTED YES/ NO DOLLAR AMT. PROPOSED TO BE SUBCONTRACTED 1 c.tFt EkcSi c '\Y ro13I//% Na Culpeppv EI ecif :c iC iD/31/19 /VA Total dollar amount proposed to be subcontracted MISS ca this project S 0 list items by name to be subcontracted: MBEIWBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM Prime Contractor Name: We slf Kt4 () nS t.1 d f 1 / (,L c, Project: han♦4f Alp 11��bg6� 1� f+E� S�� Letting Date: IV q!� NO MBE/WBE SUBCONTRACTORS: If you are NOT using any MBE/WBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasble with this project. If any MBE/WBE subcontractors will be used, please use the bottom portion of this form. Contractor Signature: Title: girt 19,7,11/1e i tn4" Date: ll%.02 SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the information on this form showing ALL of your MBE/WBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions should be directed to Contract Compliance Office 319-291-4429. You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your MBE/WBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBENVBE firms to perform portions of the work, please contact Louis Starks, Contract Compliance Officer, for assistance at (319) 291-4429. In the event it is determined that the MBE/WBE Business Enterprise goals are not met, then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. TABLE OF INFORMATION SHOWING BIDDER'S PRE-BID MBE/WBE BUSINESS ENTERPRISE CONTACTS Quotes Received Quotation used in bid MBE/WBE Subcontractors Dates Contacted Yes/No Dates Contacted Yes/No Dollar Amount Proposed to be Subcontracted CAA ti g / c rt< 1001 01 lila Cl.Ij#cJ';)d Elecir't It/10/ Alo (Form CCO-4) Rev. 06-20-02 MBEIWBE PARTICIPATION AECOM 60555170 HANGAR NO. 4 REHABILITATION M-6 of 6 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, Woodruff Construction, LLC as Principal, and United Fire & Casualty Company as Surety are held and firmly bound unto the City of Waterloo Iowa, hereinafter called "OWNER." In the penal sum Five Percent of the Amount of Bid Dollars ($ (5%) ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Prinr'ipal has submitted the accompanying bid dated the 9thday of November /- . , 2017, for Hangar No. 4 Rehabilitation, Waterloo Regional Airport, Waterloo, Iowa NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this hid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these pres- ents to be signed by their proper officers this 7th day of November , A.D. 2017. Woodruff Construction, LLC I (Seal)N4 itness 1 ` Witness Stacy Ver tn, Witness to Surety 1310 130ND AECOM 60555170 ri cipal v By N►Chot4S !7. Ford ( itle) Iasi Alien ior4sid-ent` United $ke.& Casualty Com mafty (Seal) Su rpt • By Dione R. Young, Attorne -in-f y t FIANGAR NO. 4 REHABILITATION BB -1 of 1 UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA UNITED FIRE & INDEMNITY COMPANY, WEBSTEIR, TX FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA CERTIFIED COPY OF POWER OF A'1"I'OItNEY (original 00 file at Houle Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, 11 corporation duly organized and existing under the Imus of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duty organized and existing under the laws of the Slate of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint KEVIN J. KNUTSON, OR JODY A. DECKER, OR MICHELLE GRUIS, OR KATHLEEN BREWER, ALL INDIVIDUALLY OF THE CEDAR RAPIDS IA OFFICE; OR CRAIG E. HANSEN, OR JAY D. FREIERMUTH, OR BRIAN M. DEINIERLY, 012 CINDY BENNETT-, OR ANNE CROWNER, OR TIM MCCULLOH, OR STACY VENN, OR LACY CRAMBLIT, OR SHIRLY S. BARTENHACEN, OR KYLEE HEUSI, OR DIONE R. YOUNG, ALL INDIVIDUALLY OF WEST DES MOINES IA their hue and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seed and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed SI 00,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by Tho duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed, The Authority hereby granted is continuous and shall remain in Sill Ibree and effect until revoked by UNI'T'ED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, AND FINANCIAL PACIFIC' INSURANCE COMPANY. Inquiries: Surety Department 118 Second Ave SE Cedar Rapids, IA 52401 This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of IJNITI3D FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY, "Article VI — Surety Bonds and Undertakings" Section 2, Appoinunenl of Attorney -in -Fact, "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Tho signature of any officer authorized hereby, and the Corporate seal, may bo 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 Companies as the original signature of such officer and the original seal ol'the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such altomeys-in-fact, subject to the Tim nations set ,.fdrfii; in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such 11 ansli'iinienis and to attach 1110 sea) of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of ' l ic;'('.'imlpluies may at any time revoke all power and muhorily previously given to any attorney-in-fact. IN WITNESS WHEREOF, the COMPANIES have each causal these presents to be signed by its vice president and its corporate seal to be hereto affixed this I ST day of JANUARY, 2016 UNITED FIRE & CASUALTY COMPANY UNITED FIRE & INDEMNI'T'Y COMPANY FINANCIAL PACIFIC INSURANCE COMPANY By: Stale of lown,:County of Linn, ss: V ice ['resident 011 1ri1 day of JANUARY, 2016, before me personally cane Dennis J. Richnl man to me known, who being by 010 duly sworn, did depose and say; that Ire resides in Cedar Rapids, Stale ()Nowa; that he is a V ice President of UNITED FUZE & CASUALTY COMPANY, a Vice President of UNITED EIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL I'ACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal all'ixcd to the said instrument Is math corporate seal; that it was so affixed pursuant to authority given by the 13om'd of Director of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and dead of said corporations. Judith A, Davis Iowa Notarial Seal Commission number 173041 My Commission Expires 04/23/201 a A Notary Public My commission expires: 04/23/2018 1, David A. Lang , Seereutry of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of UNITED F[ItE & INDEMNITY COMPANY, and Assistant Sec 'clary of FINANCIAL PACIFIC; INS MANCE COMPANY, do hereby certify that 1 have compared the foregoing copy of the Power of Alloney and affidavit, mid the copy of the Suction of the bylaws and resolutions of said Corporations as set forth in said Power of Allorney, with the ORIGINALS ON PILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and 11101 the said Power of Attorney has not been revoked and is now in fill force and effect, In 1e -slim l y whereof 1 have hereunto subscribed my name and affixed the corporate seal o1'the said Corporations this;- ,ilk day of Nowatohox, '2017 tirmi0049, 0213 By: 4-2,44 Secretary, UF&C Assistant Secretary, OF&I/FPIC Bond No.: 54219547 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Woodruff Construction, LLC of _1717 Falls Avenue, Waterloo, Iowa 50701. (the "Principal"), and United Fire & Casualty Company of Cedar Rapids, Iowa (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Sixty Five Thousand Five Hundred Twenty Two and no/100 Dollars ($65,522.00), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about November 20, 2017 for the purpose of Hangar No. 4 Rehabilitation, IDOT Contract No. 19599 at the Waterloo Regional Airport, Waterloo, Iowa, The Contract is incorporated herein by reference as though fully set forth herein. VVhenever the Principal shall be and is declared by the Obligee to be In default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake te: • 1. Complete the Contract in accordance with Its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responslbllities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond Is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, 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 thls bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted, If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. PERFORMANCE BOND HANGAR NO, 4 REHABILITATION AECOM 60555170 PFB'1 of 2 Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of. November 20, 2017 PRINCIPAL SURETY Woodruff Construction, LLC United Fire & Casualty Company Name By. Title: ALA0f45 P. Feld/ E'qj C9 rOM 111)111 Name ////�J(j' By: Title: Dione R. Young, Attorney -in -Fact [attach Power of Attomey] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. PERFORMANCE BOND HANGAR NO. 4 REHABILITATION AECOM 60555170 PFB.2 of 2 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS; that Woodruff Construction, LLC Bond No.: 54229547 (Name of Contractor) 1717 Falls Avenue Waterloo, Iowa 50701 (Address of Contractor) Corporation, a 6t tom., hereinafter called Principal, and, United Fire tit Casualty Company P.O. Box 73909, Cedar Rapids, Iowa 52407 (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo, Iowa 715 Mulberry Street, Waterloo, Iowa 50703 (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Sixty Five Thousand Five Hundred Twenty Two and no/100 Dollars,($ 65,522.00) 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 eontractwith the OWNER, dated the 20th day of November , 2017, a copy of which is hereto attached and made a part hereof for the construction of: HANGAR NO. 4 REHABILITATION WATERLOO REGIONAL AIRPORT, WATERLOO, IOWA 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 thls obligation shall be void; otherwise to remain in full force and effect. 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. PAYMENT BOND HANGAR NO.4 REHABILITATION AECOM 60555170 P&1 of 2 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 Three (3) counterparts, each one (number) of which shall be deemed an original, this the 20th day of November , 2017. ATTEST: (SEAL)WA rincipal) Secretary Witness as to Principal 1717 Falls Avenue (Address) Waterloo, Iowa 50701 ATTEST: Witness as to Su Stacy Venn Holmes, Murphy and Associates, LLC P.Q. Box 9207, Des Moines, Iowa 50306-9207 (Address) Woodruff Construction, LLC By Principal 1717 Falls Avenue (Address) Waterloo, Iowa 50701 United Fire & Casualty Company Surety, By Dione R. Young, Attorney.' -Fac Holmes, Murphy and Associates, LLC (Address) P.Q. 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. (Address) PAYMENT BOND HANGAR NO. 4 REHABILITATION AECOM 00555170 PB -2 of 2 UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company -•• See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UN1TIID FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, docs make, constitute and appoint KEVIN J. KNUTSON, OR JODY A. DECKER, OR 'MICHELLE GRIDS, OR KATHLEEN BREWER, ALL INDIVIDUALLY OF THE CEDAR RAPIDS IA OFFICE; OR CRAIG E. HANSEN, OI2 JAY D, FREIERMUTH, 012 BRIAN M. DEIMERLY, 011 CINDY BENNETT, OR ANNE CROWNER, 011 TIM MCCULLOH, OR STACY VENN, OR LACY CRAMBLI'I', 012 SHIRLY S. BARTENILAGEN, OR KYLEE HEUSI, 011DIONE R. YOUNG, ALL INDIVIDUALLY OF WEST DES MOINES IA Inquiries: Surety Department 118 Second Ave SE Cedar Rapids, IA 52401 their true and lawful Attorney(s)-in-Fact with powar and authority hereby conferred to sign. seal and execute in its behalf all lawful bonds, undertakings and cher obligatory instruments of similar native provided that no single obligation shall exceed 51 00,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized ol'ficem of the Companies and all of the acts of said Attorney, pursuant to One authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous mid shall remain in fall force and effect until revoked by UNITED FIRE & CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY. Dais Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May I5, 2013, by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. "Article VI - Surety Bands and Undertakings" Section 2, Appointment of Attorney -in -Fact "'lite President or any Vice President, or any other officer of the Companies'•nay, from time to time, appoint by written certificates attorneys -in -lack to act in behalf of the Companies in the execution of policies of insurance. bonds, untlertaka,gs 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 Companies as the original signature of such 0(Iloor and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-lhot. subject to 1110 limitations set tbaah` in their respective certificates of authority shall have full power to bund the Companies by their signature; and execution of any such utsha,un:euts and to attach the seal of the Companies thereto. The President or any Vico President, the Board ofDircetors or any outer officer of the Corupan kis may at any 8010 revoke all power and authority previously given to any attorney -in -lace. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 181 day of JANUARY, 2016 UNITED FIRE & CASUALTY COMPANY UNI'T'ED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY State of Iowa, County of Linn, ss: On ler day of JANUARY, 201 6, before me personally came Dennis J. Riehmani 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 V ice President of 1INlTED FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY- and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; 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 corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. By: V ice President Judith A. Davis lowe Notarial Seal Commission number 173041 My Commission Expires 04/23/2018 d Notary Public My commission expires: 04/23/2013 L D vid A. Lang , Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of UNITED FIRE & INDEMNITY COMPANY, and Assistant See 'clary of FINANCIAL PACIFIC INS TRANCE COMPANY, do hereby certify that 1 have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF 5 FID CORPORATIONS, and that the sane 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 0017 in full force and effect. In testimony whereof have hereunto subscribed my name and affixed the corporate seal of the said Corporations this nth day or Nostember - 2017 By: Secretary, UP&C Assistant Secretary, OF&1/FPIC OF LIABILITY INSURANCE DATEIDD/A�OCERTIFICATE 1114/207 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-297-7756 Holmes Murphy & Assoc - WDM PO Box 9207 Des Moines, IA 50306-9207 CONTACT NAME: PHONE FAX (A/C No Ext): (A/C No): E-MAIL ADDRESS: INSURER( S) AFFORDING COVERAGE NAICH INSURER A: UNITED FIRE & CAS CO 13021 INSURED Woodruff Construction LLC 1890 Kountry Lane Ft. Dodge , IA 50501 INSURERS: TRAVELERS CAS INS CO OF AMER 19096 INSURER C: AMERISURE PARTNERS INS CO 11050 INSURERD: ATLANTIC SPECIALTY INS CO 27159 INSURER E: MED EXP (Any one person) INSURER F : X COVERAGES CERTIFICATE NUMBER: 51371165 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUER WV D POLICY NUMBER 60373593 POLICY EFF (MMIDD/YYYYI 07/01/17 POLICY EXP (MM/DDM'YYI 07/01/18 LIMITS EACH OCCURRENCE $ 1,000,000 A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300, 000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10, 000 X Includes XCU PERSONAL E.ADV INJURY $ 1,000,000 X Contractual Liability GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY X LIMIT APPLIES PRO - JECT PER: LOC PRODUCTS-COMP/OP AGG $2,000,000 $ A AUTOMOBILE _ X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS XNON-OWNED SCHEDULED AUTOS AUTOS 60373583 07/01/17 07/01/18 COMBINED SINGLE LIMIT (Ea accident $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident $ B X UMBRELLALIAB EXCESSLIAB X OCCUR CLAIMS -MADE SUP10T3996217NF 07/01/17 07/01/18 EACH OCCURRENCE $ 20,000,000 AGGREGATE $ 20, 000,000 DED X RETENT ON $ 10, 000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A WC20930340305 07 Ol 17 / / 07 OS 18 / / X WCSTATU- TORYJ.IMITS OT -- R_ E.L. EACH ACCIDENT $ 1, 000,000 E.L. DISEASE- EA EMPLOYEE $ 1, 000, 000 E.L. DISEASE - POLICY LIMIT $ 1, 000, 000 0 D D Builders Risk-Rptd 5k ded Builders Risk-Rptd 5k ded Installation Floater 790019947 790019947 790019947 07/01/17 07/01/17 07/01/17 07/01/18 07/01/18 07/01/18 Site/Bldg Frame 2,000,000 Site/Bldg JM 5,000,000 $2,500 Bed 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space I required) RE: The Waterloo Airport Hangar No. 4 Rehabilitation City of Waterloo is an additional insured on the general liability when required by written contract. CERTIFICATE HO DER CANCELLATION City of Waterloo 715 Mulberry St Waterloo, IA 50701 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) tsternwdsm © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo a e registered marks of ACORD Letter of Transmittal TO: Mr. Keith Kaspari Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, Iowa 50703 WE ARE SENDING YOU: AECOM DATE: November 15, 2017 JOB ID NO. 60555170 ATTENTION: RE: Hangar 4 Rehabilitation 2018 Vertical Infrastructure IDOT Project No. 91180AL0200 IDOT Contract No. 19599 I] Attached ❑ Prints ❑ Under Separate Cover Via the following items: ❑ Shop Drawings 0 Change Order ❑ Plans 0 Samples 0 Specifications ❑ Copy of Letter 0 ❑ COPIES DATE NO. DESCRIPTION 5 Contract Packet for Above -Referenced Project THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ For Approval ❑ For Your Use O Approved as Submitted ❑ Approved as Noted O As Requested ❑ Returned for Corrections ❑ For Review and p For Mayor's Signature Comment ❑ Resubmit O Submit O Return Copies for Approval Copies for Distribution Corrected Prints O For Bids Due 20 0 Prints Returned After Loan to Us REMARKS: Keith --- Enclosed are five (5) copies of the contracts for the above -referenced project, executed by Woodruff Construction. After Council approval at their 11-20-17 meeting, please have the Mayor execute all copies. Please have the City retain one (1) copy for their files, you should keep one (1) copy for Airport files, and the remaining three (3) copies should be returned to AECOM for further distribution. We will provide one to Woodruff Construction and one to IDOT, and we will keep the last copy for our files. If you have any questions, please let us know. Thank you. COPY TO: SIGNED: David B. Hughes, PE If enclosures are not as noted, kindly notify us at once. 501 Sycamore Street, Suite 222 • P.O. Box 1497 • Waterloo, Iowa 50704-1497 • (319) 232-6531 • Fax: (319) 232-0271