HomeMy WebLinkAboutService Roofing Company - Roofing Project - 9/24/18CONTRACT FOR ROOFING PROJECT
This Contract for Roofing Project (the "Contract") is entered into as of
, 2018, by and between the City of Waterloo, Iowa ("City") and Service
Roofing Company ("Contractor").
In consideration of the mutual promises exchanged herein, the parties agree as follows:
1. Services; Contract Price. The Contractor agrees to furnish all supervision,
technical personnel, labor, materials, tools, equipment, machinery, and services, and shall
perform and substantially complete all work within the time period stated in the specifications,
including all alternate items, after receipt of Notice to Proceed. Contractor shall engage such
subcontractors as may be necessary for completion of the work and arrange for the timely
delivery to the job site of all materials selected. Work to be performed includes all work
described in the Contract Documents (defined below). All improvements shall be constructed in
accordance with all applicable City, state, and federal building codes and shall comply with all
applicable City ordinances and other applicable law.
Contractor shall provide the above goods and services for a total sum not to
exceed the cost set forth in Contractor's bid, including subcontractor bids, which is $72,962.00.
Included within such sum is full compensation for all work performed, for all permits, licenses,
inspections, for complying with all laws, rules, regulations and ordinances, including safety, and
for furnishing all materials, equipment and labor to complete the work, in accordance with the
specifications.
2. Contract Documents. The following documents (collectively, the "Contract
Documents") are hereby incorporated into this Contract by reference as though set forth herein in
full:
a. General Instructions to Bidder
b. Addenda (if any)
c. Bid (Proposal) from the Contractor, including Bid Tabulation
d. Specifications
e. Project Scope of Work description
f. Insurance Requirements
In the event of conflict between the provisions of the Contract Documents and this Contract, the
provisions of this Contract shall prevail.
3. Timing of Work. The work shall commence within ten (10) days after the City
has issued a Notice to Proceed, and the work shall be substantially completed no later than
November 15, 2018. 'fE WCkTtkb''- Pt3 P 4 t t(At6 $.ww+.
4. Delays. The Contractor shall have no cause of action against the City on account
of delays and prosecution of work, but if the work is delayed by the City, the Contractor may
have extra time for the completion of the job as was lost by reason of the delay caused by the
City.
5. Payments. Contractor's request for payment for services authorized under this
Contract will be paid in a lump sum within sixty (60) days after receipt of an original invoice and
after such goods and services are delivered, installed, inspected and accepted. Contractor will be
paid for all items satisfactorily completed. City, in its sole discretion and without waiving any
claims or rights, may make interim payments or may allow for partial payment for the work
included on an invoice for which all goods or services have not been delivered or accepted. City
may withhold payment for reasons including, but not limited to, unsatisfactory job performance
or progress, defective work, disputed work, failure to comply with material provisions of the
Contract, third -party claims filed or reasonable evidence that a claim will be filed, or other
reasonable cause. In connection with any payment, Contractor shall provide lien waivers with
respect to all labor, materials and other charges invoiced to date of payment. City shall have no
obligation to pay any invoice for which Contractor does not supply lien waivers.
6. Taxes. City is exempt from sales tax and certain other use taxes. Any charges for
taxes from which the City is exempt will be deducted from invoices before payment is made.
7. Condition of Work Site. Contractor shall periodically, or as directed during the
progress of the work, remove and legally dispose of all surplus material and debris, and keep the
project area reasonably clean. Upon completion of the work the Contractor shall remove all
unused or excess materials, debris and equipment provided for the work and put the whole site of
the work in a neat and clean condition.
8. Performance Bond. Contractor will be required to furnish bond in an amount
equal to one hundred percent (100%) of the contract price and shall be issued by a responsible
surety acceptable to the City. The bond shall guarantee the faithful performance of the contract
and the terms and conditions therein contained, shall guarantee the prompt payment of all
materials and labor and protect and save harmless the City from claims and damages of any kind
arising out of the performance of this contract.
9. Payment Bond. Contractor will be required to furnish a payment bond in an
amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a
responsible surety acceptable to the City. The bond shall guarantee the faithful payment as
required by law of all persons supplying labor and material in the execution of the work provided
for in the Contract.
10. Indemnity. Except as to any negligence of City, its elected officials, officers,
employees or agents, in the performance of any duty under this Contract, and to the extent not
covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City,
its elected officials, officers, employees, agencies and agents, and to hold same harmless, from
and against any and all claims, demands, causes of action, losses, costs, fines, penalties, or
liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising
from or in connection with the acts or omissions of Contractor in providing the goods and
services contemplated by this Contract. Said indemnity will include but is not limited to actions
or suits based upon or alleging bodily injury, including death, or property damage rising out of or
resulting from Contractor's operation under this Contract, whether by itself or by any
subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and
shall not be deemed an agent or employee of the City.
2
11. Property Damage. Contractor shall be responsible for all damage to public or
private property. Contractor shall have one responsible person at the job site at all times when
project activities are undertaken. Contractor shall keep a report of all damage and promptly
notify City in each instance when damage occurs or is first noticed. If public or private property
is damaged by Contractor and is not repaired in a timely manner as determined by City, City has
the option of having the damage repaired at the Contractor's expense, to be reimbursed to the
City or withheld from future payments to Contractor hereunder.
12. Default; Termination for Cause. In the event that Contractor defaults in the
performance or observance of any covenant, agreement or obligation set forth in this Contract, and
if such default remains uncured for a period of seven (7) days after notice thereof shall have been
given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is
curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be
done or remedied within such 7 -day period and thereafter Contractor fails to diligently and
continuously prosecute the same to completion within such 14 -day period), then City may declare
that Contractor is in default hereunder and may take any one or more of the following steps, at its
option:
a. by mandamus or other suit, action or proceeding at law or in equity, require
Contractor to perform its obligations and covenants hereunder, or enjoin any
acts or things which may be unlawful or in violation of the rights of the City
hereunder, or obtain damages caused to the City by any such default;
b. have access to and inspect, examine and make copies of all books and records
of Contractor which pertain to the project;
c. declare a default of this Contract, make no further disbursements, and demand
immediate repayment from Contractor of any funds previously disbursed under
this Contract;
d. terminate this Contract by delivery to Contractor of written notice of
termination; and/or
e. take whatever other action at law or in equity may be necessary or desirable to
enforce the obligations and covenants of Contractor hereunder, including but
not limited to the recovery of funds.
Contractor shall be entitled to only one such notice, and in connection with any subsequent
breach then City may terminate this Contract upon three (3) days' advance written notice. In the
event of termination, the Contractor shall be compensated for all necessary goods and services
performed through the termination date. No delay in enforcing the provisions hereof as to any
breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain
relief against or recover for the continuation or repetition of such breach or violation or any similar
breach or violation thereof at any later time or times. In the event that City prevails against
Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable
attorneys' fees and expenses incurred by City.
3
13. Termination for Convenience. This Contract may be terminated at any time, in
whole or in part, upon the mutual written agreement of the parties.
14. Assignment of Duties. Contractor may not assign, delegate or subcontract its
duties hereunder without the prior written consent of City; provided, however, that City hereby
consents to Contractor's delegation or assignment of certain duties to those subcontractors that
are identified in Contractor's bid document, as to those duties described in the bids of such
subcontractors. Contractor will be responsible for the proper fitting of all work and for the
coordination of the operations of all subcontractors engaged upon this Contract. Contractor shall
be prepared to guarantee to each subcontractor the locations and measurements which they may
require for the fitting of their work to all surrounding work.
15. Notices. Any notice under this Contract shall be in writing and shall be delivered
in person or by United States registered or certified mail, postage prepaid and addressed as
follows:
CITY
City of Waterloo, Iowa
715 Mulberry St.
Waterloo, Iowa 50703
Attn: Facilities Administrator
CONTRACTOR
Service Roofing Company
123 Arizona Street
Waterloo, Iowa 50703
Attn: President
Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in
person, or (ii) three (3) business days following the date of deposit if mailed as stated above.
16. Independent Contractor. Contractor is an independent contractor and is not an
employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority
to enter into contracts or agreements on behalf of City. City shall determine the work to be done
by Contractor, but Contractor shall determine the legal means by which it performs the work
specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes
of any kind from any payments which it owes Contractor. Neither Contractor nor its employees,
if any, shall be entitled to receive any benefits which employees of City are entitled to receive
and shall not be entitled to workers' compensation, unemployment compensation, medical
insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of
their work for City. Contractor shall be solely responsible for compensating its employees and
subcontractors, if any.
17. Severability; Reformation. In the event any provision of this Contract, together
with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in
part, the remaining provisions of this Contract shall not be affected thereby and shall continue in
full force and effect. If, for any reason, a court finds that any provision of this Contract is
invalid, illegal, or unenforceable as written, but that by limiting such provision it would become
valid, legal, and enforceable, then such provision shall be deemed to be written and shall be
construed and enforced as so limited.
18. General Terms. This Contract, together with the Contract Documents, constitutes
the entire agreement between the parties pertaining to the subject matter hereof. This Contract
4
may not be modified or amended except pursuant to the mutual written agreement of the parties.
This Contract is binding on the parties and their respective successor and assigns. Time is of the
essence in the performance of the terms hereof.
IN WITNESS WHEREOF, the parties have executed this Contract for Pole Building
Construction as of the date first set forth above.
CITY OF WATERLOO, IOWA SERVICE ROOFING COMPANY
By: Lk- Q1'r7!�,c(�(.
Quentin M. Hart, Mayor
Attest:
5
Title: PRo?t GT 644,4.A.A.C,,
Project Scope of Work for the Flat Roof:
Existing Roof Demolition
1. Remove the existing built-up roofing and insulation down to the roof decking.
Perform disposal in manner complying with all applicable federal, state, and local
regulations. (Copy of Asbestos Inspection Report is available upon request)
Carpentry Work
1. New wood blocking of 2x dimensional lumber to be installed around the
perimeter as necessary to accommodate new insulation height.
2. Add wood blocking to curb tops to allow for proper flashing heights if needed.
Roof Insulation
1. Install 1/8" per foot tapered insulation polyisocyanurate insulation over the whole
roof section. Joints of the insulation layers are to be offset at least 6", and must
be no wider than 1/4". Install 1/4" per foot tapered polyisocyanurate insulation
crickets to divert water to roof drains. Contractor to submit an attached drawing
showing tapered layout with their bid.
2. Insulation to be adhered with a foam adhesive which is approved by system
manufacturer.
Cover board
1. Install 1/4' Dens Deck Prime cover board over the new insulation.
2. Dens deck to be mechanically fastened, per manufacturer's requirements.
Roof Membrane
1. Install a black 60 mil, fully adhered EPDM roof system, per manufacturer's
specification.
2. Install necessary flashing and accessories, all produced by the same manufacturer
as the field membrane.
3. Parapet wall to be terminated with termination bar before sheet metal trim is
installed. Install water block sealant behind the membrane at this termination.
4. Approved Manufacturers: Firestone, GenFlex, Versico & Carlisle Syn -Tec.
Sheet Metal Trim
1. Sheet metal trim to be shop fabricated from 24 gauge Colorklad brand prefinished
steel sheet metal, gravel stop profile.
2. Install two new scuppers and open-faced downspouts in existing scupper locations
to accommodate new tapered insulation system.
3. Install surface mount counter -flashing on parapet walls.
4. One part polyurethane sealant to be installed before installing joint clips, as well
as behind surface mount counter -flashing.
Warranty
1. The new installation is to be inspected by a non -sales technical representative of
the roofing manufacture.
2. After approved inspection, furnish a 20 -year, non -prorated, labor and material
warranty issued by the roofing system manufacture.
Project Scope of Work for the Shingle Roof
Existing Roof Demolition
1. Remove the existing shingles and underlayment down to the roof decking.
Perform disposal in manner complying with all applicable federal, state, and local
regulations. (Copy of Asbestos Inspection Report is available upon request)
Carpentry Work
1. Replace deteriorated roof decking as necessary, at a stated unit cost. Indicate
price per square foot on bid form.
Underlayment
1. Install ice and water shield waterproof underlayment at eave line of roof, valleys
and roof to wall details as per code.
2. Install synthetic underlayment over remainder of deck not covered by ice/water
shield.
Shingles
1. Install new GAF Timberline HD architectural shingles or equivalent, per
manufacturer's specification. (color: By Owner)
2. Install "shingle -over" style ridge vent.
3. Install matching accessory shingles over the new ridge vent.
Metals/Trim
1. Install new Colorklad sheet metal roof edge (color: By Owner)
2. Install new sheet metal flashings at chimney (color: By Owner)
3. Replace existing soil stack flashings with new flashings
Warranty
1. Provide owner with 2 year MRCA warranty on workmanship
2. Provide owner with manufacturer's standard materials warranty.
CITY OF WATERLOO
FORM OF BID
The bidder, having fully read this document, hereby acknowledges that this Bid Proposal
completely reflects the total bid price contained herein.
It is the bidder's responsibility to determine the bid price based on the bidder's own
evaluation of the space to be covered and the work to be done.
TOTAL BID FLAT ROOF:
$ 55,707.00
TOTAL BID SHINGLED ROOF:
$ 17,255.00
ALTERNATE POSSIBLE CHARGES (EXTRA WORK REQUESTED):
Replacement of deteriorated roof decking as necessary, at a stated unit cost.
Indicate price per square foot below.
$ 4.00/SO. Ft — Wood Deck only (Excludes Concrete Deck)
56720 c. c �a Ff ere C
C It of +^rAp-e3.R.c-cry
Ant Caste' r4N NE -x
,*t - fiteniOgt. 71,4Pt7ett 6 /MS .¢moi a r/ 4 , Y o t'
5( t
44 \
1
T
q5' 6
CITY OF WATERLOO, IOWA
NOTICE OF PUBLIC HEARING
On Proposed Specifications and the
NOTICE TO BIDDERS
2018 CARNEGIE ANNEX ROOF REPLACEMENT PROJECT
RECEIVING OF BIDS
Sealed proposals will be received by the City Clerk of the City of Waterloo, IA at the City
Clerk's Office in City Hall, Waterloo, IA by Thursday, September 20, 2018 at 1:00 pm CST for
the Carnegie Annex Roof Replacement Project.
OPENING OF BIDS
All proposals received for the 2018 Carnegie Annex Roof Replacement Project will be opened in
the First Floor Conference Room in City Hall, Waterloo, IA on Thursday, September 20, 2018 at
1:00 pm CST, and the proposals will be referred to the Waterloo City Council for
recommendation of award.
PUBLIC HEARING
Notice is hereby given that the Waterloo City Council will conduct a Public Hearing on the
proposed Specifications and Form of Contract for the 2018 Carnegie Annex Roof Replacement
Project on Monday, September 24, 2018 at 5:30 pm CST. The hearing will be held in the
Council Chambers in Waterloo City Hall. The contract documents are on file in the City Clerk's
Office, 715 Mulberry Street and the Waterloo Community Development Office, 620 Mulberry
St., Waterloo, IA for public examination. Any person interested may file written objection with
the City Clerk before the date set for the hearing or appear and make objection at the meeting.
SCOPE OF WORK
The Contractor shall provide all labor and materials necessary for the 2018 Carnegie Annex Roof
Replacement Project in accordance with these specifications. This project is a roof replacement
project consisting of a combination of Architectural Asphalt Shingles — minimum 35 year
warranty and a 60 -mil black EPDM roof system. Project includes tear -off, insulation, rough
carpentry and roof related sheet metal, felt, ice/water shield, trims and necessary accessories.
CONTRACT PERIOD
The work shall be completed no later than November 15, 2018 or earlier if weather permits.
PROPOSALS SUBMITTED
All bids must be submitted on the forms supplied by the City of Waterloo.
BID SECURITY REQUIRED
All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on
an Iowa bank chartered under the laws of the United States, or a certified share draft drawn on a
Credit Union in Iowa chartered under the laws of the United States, or a bid bond payable to the
City of Waterloo, IA, in the sum of not less than five percent (5%) of the bid submitted, which
certified check, certified share draft, or bid bond will be held as security that the Bidder will
enter into a Contract for the construction of work and will furnish the required bonds, and in case
the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds,
the bid security may be retained by said City as agreed liquidated damages. If Bid Bond is used,
it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's
agent must be supported by accompanying Power of Attorney.
CONTRACT AWARD
The City shall award the Contract to the responsible Bidder(s) whose bid, conforming to the bid
specifications, is most advantageous to the City; price and other factors considered. The
intention is not to award the contract at the time of the bid opening, but to award the contract
after review of bids and bidder information by the City of Waterloo, such that the award is made
within 14 days after the bid opening.
The City reserves the right to waive any and all parts of a specific bid.
BOND
The successful Bidder shall furnish a Performance and Payment Bond, within ten (10) days after
notification of acceptance of the bid, in an amount equal to one hundred percent (100%) of the
contract price. The Bond is to be issued by a responsible surety approved by the City Council
and shall guarantee the faithful performance of the contract and the terms and conditions therein
contained and shall guarantee the prompt payment of all materials and labor and protect and save
harmless the City from claims of any kind caused by the operation of the Contractor.
AFFIRMATIVE ACTION PROGRAM
The successful Bidder and any subcontractors will be required to execute and have approved an
Affirmative Action Program or Update before beginning work on the project, if they have been
awarded an aggregate of $10,000 in City projects during the current calendar year.
METHOD OF PAYMENT TO CONTRACTOR
The Contractor will be paid against monthly estimates of work completed and work approved by
the Building Maintenance Staff. Final payment will be made thirty-one (31) days after
completion of the work and acceptance by the Building Maintenance Staff. Before final
payment is made for said work, vouchers showing that all subcontractors and workmen and all
persons furnishing materials have been fully paid for such materials and labor will be required.
Published pursuant to provision of Division VI of Chapter 384 the City Code of Iowa and upon
order of the City Council of said Waterloo, Iowa on the day of
, 2018.
City of Waterloo, Iowa
Kelly Felchle, City Clerk
CITY OF WATERLOO, IOWA
BUILDING MAINTENANCE
INSTRUCTION TO BIDDERS
I. EXPLANATION TO BIDDERS
An explanation desired by a bidder regarding the meaning or interpretation of the Notice to
Bidders, Specifications, etc., must be requested in writing and with sufficient time allowed
for a reply to reach bidders before submission of their bids. Any interpretation made will be
in the form of an amendment of the Notice to Bidders, Specifications, etc., and will be
furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the
space provided on the Proposal Form or by letter or telegram received before the time set for
opening of bids. Oral explanations or instructions given before the award of the contract will
not be binding.
II. PROPOSALS SUBMITTED
All bids must be submitted on the forms supplied by the City of Waterloo. Before submitting
a bid, each bidder shall carefully examine the jobsite, read the specifications and all other
contract documents. Each bidder shall be fully informed, prior to the bidding as to all
existing conditions and limitations under which the work is to be performed and shall include
in this bid a sum to cover the cost of all items necessary to perform work as set forth in the
contract documents. No allowance will be made to any bidder because of lack of such
examination or knowledge. The submission of a bid shall be construed as conclusive
evidence that the bidder has made such examination.
The bidder's attention is directed to the fact that all applicable state laws, municipal
ordinances and the rules and regulations of all authorities having jurisdiction over the project
shall apply to the Contract throughout and they shall be deemed to be included in the
Contract the same as though herein written out in full.
III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS
Bids and modifications or withdrawals thereof received at the office designated in the Notice
to Bidders after the exact time set for closing of bids will not be considered. However, a
modification which is received from an otherwise successful bidder, and which makes the
terms of the bid more favorable to the City, will be considered at any time it is received and
may therefore be accepted. Bids may be withdrawn by written or telegraphic request
received from bidders prior to the time set for closing of bids.
IV. PUBLIC OPENING OF BIDS
Bids will be publicly opened at the specified time and place for opening in the Notice to
Bidders. Their content will be made public for the information of bidders and others
interested who may be present either in person or by representative.
V. COLLUSIVE AGREEMENTS
Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion
Affidavit in the form herein provided, to the effect that he has not colluded with any other
person, firm or corporation in regard to any bid submitted.
Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and
include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that
he has not colluded with any other person, firm or corporation in regard to any bid submitted.
Before executing any subcontract, the successful bidder shall submit the name of any
proposed subcontractor for approval by the City.
VI. MBE/WBE CONTRACT COMPLIANCE PROGRAM/SUBCONTRACTING
The program proposes numerical projections regarding utilization of Minor Business
Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractor, vendors and
suppliers in the performance of contracts awarded by the City of Waterloo, Iowa. A goal of
at least ten percent (10%) for MBE participation on all City funded construction projects that
are estimated at $50,000 or more. A goal of at least two percent (2%) for WBE participation
on all City funded construction projects that are estimated at $50,000 or more. Any project
funded in part or in total with federal funds shall follow the respective agencies contract
compliance program and goals. The Prime contractor shall make "good -faith efforts" to meet
the contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or
vendors must provide the Prime Contractor a reasonably competitive price for services being
rendered.
For more information contact City of Waterloo Contract Compliance:
Rudy D. Jones, Director
Community Development Board
620 Mulberry Street
Waterloo, Iowa 50703
(319) 291-4429
VII. EMPLOYMENT AND BUSINESS OPPORTUNITY (SECTION3/HUD ACT
OF 1968
To the greatest extent feasible, suppliers, subcontractors, and low income workers owning
businesses or living in the Waterloo area must be given priority in supplying materials,
bidding for subcontract work, or applying for employment but the contractor on this project.
Opportunities for training and employment arising in connection with this project shall to the
greatest extent feasible be made available to lower income persons residing in the project
area. The contract area is the City of Waterloo, Iowa.
The City of Waterloo will require the contractor to document his efforts in securing lower
income workers living in the program area and in purchasing supplies from, and awarding
subcontracts to, businesses owned by persons residing in the project area. See Section 3
Clause attachment for more information.
VIII. STATEMENT OF BIDDERS QUALIFICATIONS
Each bidder shall, upon request of the City of Waterloo, submit on the form furnished a
statement of the Bidders qualifications, his/her experience record in completing the type of
project proposed, and equipment available for the work contemplated; and when requested, a
detailed financial statement. The City of Waterloo shall have the right to take such steps as it
deems necessary to determine the ability of the Bidder to perform obligations under the
Contract; and the Bidder shall furnish the City of Waterloo all such information and data for
this purpose as it may request. The right is reserved to reject any bid where an investigation
of the available evidence or information does not satisfy the City of Waterloo that the Bidder
is qualified to carry out properly the terms of this contract.
IX. EXECUTION OF AGREEMENT, BOND AND CERTIFICATE OF
INSURANCE
Subsequent to the award and within ten (10) days after the prescribed forms are presented for
signature, the successful bidder shall execute and deliver to the City, an agreement in the
form included in the contract documents in such numbers of copies as the City, may require.
CITY OF WATERLOO
FORM OF BID
The bidder, having fully read this document, hereby acknowledges that this Bid Proposal
completely reflects the total bid price contained herein.
It is the bidder's responsibility to determine the bid price based on the bidder's own evaluation of
the space to be covered and the work to be done.
TOTAL BID FLAT ROOF:
$
TOTAL BID SHINGLED ROOF:
$
ALTERNATE POSSIBLE CHARGES (EXTRA WORK REQUESTED):
Replacement of deteriorated roof decking as necessary, at a stated unit cost.
Indicate price per square foot below.
$
Init.
Performance Bond
Document A312TM - 2010
CONTRACTOR:
(Name, legal status and address)
Service Roofing Company
P 0 Box 818
Waterloo IA 50704
OWNER:
(Name, legal status and address)
City of Waterloo
715 Mulberry Street
Waterloo IA 50703
Bond Number SY94120
SURETY:
(Name, legal status and principal place
of IMI Insurance Company
P 0 Box 1336
Des Moines IA 50306
CONSTRUCTION CONTRACT
Date: September 24, 2018
Amount: Seventy-two Thousand Nine Hundred Sixty-two & no/100ths ($72,962.00)
Description: 2018 Carnegie Annex Roof Replacement
(Name and location)
BOND
Date: October 23, 2018
(Not earlier than Construction Contract Date)
Seventy-two Thousand Nine Hundred Sixty-two & no/100ths ($72,962.00)
Amount:
Modifications to this Bond:
done
❑ See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company:
Service Roofing Cop
Signature:
Name
and Title:
(Corporate Seal)
Corporate Seal)
I�nSyurance Compar(
Signature:
Name Nancy D. Baltutat, Attorney -in -Fact
and Title:
This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
AIA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, into one form.
This is not a single combined
Performance and Payment Bond.
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORMATION ONLY— Name, address and telephone)
AGENT or BROKER:
LMC Insurance & Risk Management
4200 University Avenue #200
West Des Moines IA 50266
OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party.)
AIA Document A312TM' — 2010. The American Institute of Architects.
061110
1
Init.
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.
§ 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under
this Bond, except when applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among
the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not
request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice,
request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless
the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten
(10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to
the extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense
take one of the following actions:
§ 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
§ 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent
contractors;
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default; or
§ 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment
or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
AIA Document A312T" — 2010. The American Institute of Architects.
2
Init.
§ 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the
Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual
damages caused by delayed performance or non-performance of the Contractor.
§ 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs, executors, administrators, successors and assigns.
§ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
§ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph
are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is
entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
§ 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to
comply with a material term of the Construction Contract.
§ 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
AIA Document A312" — 2010. The American Institute of Architects.
3
Init.
I
§ 16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that
changes will not be obscured.
AIA Document A312TM — 2010. The American Institute of Architects.
4
Init.
!1AIA Document A312TM - 2010
Payment Bond
CONTRACTOR:
(Name, legal status and address)
Service Roofing Company
P 0 Box 818
Waterloo IA 50704
OWNER:
(Name, legal status and address)
City of Waterloo
715 Mulberry Street
Waterloo IA 50703
CONSTRUCTION CONTRACT
Date: September 24, 2018
Seventy-two Thousand Nine Hundred Sixty-two & no/100ths ($72,962.00)
Amount:
Bond Number SY94120
SURETY:
(Name, legal status and principal place
of business)
IMT Insurance Company
P 0 Box 1336
Des Moines IA 50306
Description: 2018 Carnegie Annex Roof Replacement
(Name and location)
BOND
Date: October 23, 2018
(Not earlier than Construction Contract Date)
Seventy-two Thousand Nine Hundred Sixty-two & no/100ths ($72,962.00)
Amount:
Modifications to this Bond:
Mone
CONTRACTOR AS PRINCIPAL
Compan : (Corporate Seal)
Service Roofing fZpmpa
❑ See Section 18
SURETY
Company: (Corporate Seal)
IMT Insurance Company
Signature: ' % Signature:JVQ ��� 31, C t'
cls, NancyD. Baltutat, Attorney -in -Fact
and Title: ��` and Title: y
(Any additional signatures appear on the last page of this Payment Bond.)
Name Name
This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
AIA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, into one form.
This is not a single combined
Performance and Payment Bond.
(FOR INFORMATION ONLY— Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
LaMair Mulock Condon Co. (Architect, Engineer or other party.)
4200 University Avenue #200
West Des Moines IA 50266
AIA Document A312' — 2010. The American Institute of Architects.
061110
5
Init.
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the
Construction Contract, which is incorporated herein by reference, subject to the following terms.
§ 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds
harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials
or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor
shall have no obligation under this Bond.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13)
of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered
defense of such claims, demands, liens or suits to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 5.1 Claimants, who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, furnished or
supplied or for whom the labor was done or performed, within ninety (90) days after having last
performed labor or last furnished materials or equipment included in the Claim; and
.2 have sent a Claim to the Surety (at the address described in Section 13).
§ 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at
the address described in Section 13).
§ 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following actions:
§ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and
§ 7.2 Pay or arrange for payment of any undisputed amounts.
§ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed
amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§ 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's
fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond, subject to the Owner's priority to use the funds for the completion of the work.
AIA Document A312" — 2010. The American Institute of Architects.
6
Init.
§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf
of, Claimants or otherwise have any obligations to Claimants under this Bond.
§ 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2, or (2) on which the Last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
§ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be
sufficient compliance as of the date received.
§ 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the
date of the Claim.
§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to
include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering
services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other
items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were
furnished.
§ 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
AIA Document A312TM — 2010. The American Institute of Architects.
7
Init.
§ 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 18 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that
changes will not be obscured.
AIA Document A312TM, — 2010. The American Institute of Architects.
8
IINSURANCE
POWER OF ATTORNEY
Know All Persons By These Presents, that IMT Insurance Company a corporation duly organized under the laws of the State of Iowa,
and having its principal office in the City of West Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by
these presents make, constitute and appoint
Jeffrey R. Baker, Nancy D. Baltutat, Patrick K. Duff, Mark E. Keairnes,
Greg T. LaMair, Joseph I. Schmit, Christopher R. Seiberling, and Jill Shaffer
of West Des Moines and State of Iowa its true and lawful Attorney -in -Fact, with full power and
authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, under-
takings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the
amount of:
*****Unlimited Amounts*****
and to bind IMT Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized
officers of IMT Insurance Company, and all such acts of said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of IMT Insurance Company on December 18, 1998.
ARTICLE VIII, SECTION 4. - The President or any Vice President or Secretary shall have the authority to appoint Attorneys In Fact and
to authorize them to execute on behalf of the Company, and attach thereto the Corporate Seal, bonds, undertakings, recognizances, con-
tracts of indemnity or other obligatory writings, excluding insurance policies and endorsements.
ARTICLE VIII, SECTION 5. - The signature of any authorized officer and the Corporate Seal may be affixed by facsimile to any Power
of Attorney authorizing the execution and delivery of any of the instruments described in Article VIII, Section 4 of the By -Laws. Such
facsimile signature and seal shall have the same force and effect as though manually affixed.
In Witness Whereof, IMT Insurance Company has caused these presents to be signed by its President and its corporate seal to
be hereto affixed, this 23rd day of October , '2018
STATE OF IOWA
COUNTY OF POLK
v
ss:
IMT Insurance Company
Sean Kennedy, President
On this 23rd day of October , 2018 , before me appeared Sean Kennedy, to me personally known,
who being by me duly sworn did say that he is President of the IMT Insurance Company, the corporation described in the foregoing
instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed
and sealed in behalf of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of West Des Moines, Iowa, the day and year
first above written.
004 a SETH CARY
I* F I COMMISSION NO. 783929 I
Doo
Notary Public, Polk County, Iowa
CERTIFICATE
I, Dalene Holland, Secretary of the IMT Insurance Company do hereby certify that the above and foregoing is a true and correct copy
of the POWER-OF-ATTORNEY, executed by said the IMT Insurance Company, which is still in force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on 23rd day of
October , 2018,..•r--��•..
r` a1 ,.` i
`` �\ .-�v :np.
it ti?' --_'y1'- �:
SY 06 06 (12/17)
\ISalbuz.
Dalene Holland, Secretary