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HomeMy WebLinkAboutCardinal Construction, Riverfront Stadium Box Seating - 1/14/19 �JAIA TM ';�+ Document A101 - 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Fourteenth day of Jana y_in the year Two Thousand Nineteen (In words, indicate day, month and year) BETWEEN the Owner: (Name, legal status, address and other information) This document has important City of Waterloo 715 Mulberry Streelegal consequences.Consultation t with an attorney Waterloo,IA 50703 is encouraged with respect to its completion or modification. The parties should complete and the Contractor: A101 Tm-2017,Exhibit A, (Name, legal status, address and other information) Insurance and Bonds, contemporaneously with this Cardinal Construction,Inc. Agreement.AIA Document 531 Commercial Street,Suite 700 A201 T"-2017,General Conditions of the Contract for Waterloo.IA 50701 n Construction,is adopted ithis Telephone Number: 319.232.5400 document by reference. n not Fax Number: 319.232.3149 use with other general conditions for the following Project: unless this document is modified. (Name, location and detailed description) 18091 Riverfront Stadium Group Seating Boxes 850 Park Road Waterloo,IA 50703 The Architect: (Name, legal status, address and other information) INVISION Architecture LTD 501 Sycamore St.,Suite 101 PO Box 1800 Waterloo,IA 50704-1800 Telephone Number: 319.233.8419 Fax Number: 319.233.8419 The Owner and Contractor agree as follows. Init. AIA Document A101TM—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:36:25 ET on 01/04/2019 under Order No.2215063383 which expires on 06/27/2019,and is not for resale. User Notes: (1312974963) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary,and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement,and Modifications issued after execution of this Agreement,all of which form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations,or agreements, either written or oral.An enumeration of the Contract Documents,other than a Modification,appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §3.1 The date of commencement of the Work shall be: (Check one of the following boxes) [ ] The date of this Agreement. [ X ] A date set forth in a notice to proceed issued by the Owner. [ ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected,then the date of commencement shall be the date of this Agreement. §3.2 The Contract Time shall be measured from the date of commencement of the Work. §3.3 Substantial Completion §3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents,the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information) Init. AIA Document A101 TM—2017.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:36:25 ET on 01/04/2019 under Order No.2215063383 which expires on 06/27/2019,and is not for resale. User Notes: (1312974963) [ ] Not later than ( )calendar days from the date of commencement of the Work. [ X ] By the following date:May 10,2019 §3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents,if portions of the Work are to be completed prior to Substantial Completion of the entire Work,the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date §3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3,liquidated damages,if any,shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be Eighty Thousand Three Hundred Dollars and Zero Cents($80,300.00),subject to additions and deductions as provided in the Contract Documents. §4.2 Alternates §4.2.1 Alternates,if any,included in the Contract Sum: Item Price Alternate No. 1: Stair decking to be new ADD$4,800 steel decking to match existiniz.field peri . §4.2.2 Subject to the conditions noted below,the following alternates may be accepted by the Owner following execution of this Agreement.Upon acceptance,the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate) Item Price Conditions for Acceptance §4.3 Allowances,if any,included in the Contract Sum: (Idents each allowance) Item Price N/A §4.4 Unit prices,if any: (Idents the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable) Item Units and Limitations Price per Unit($0.00) N/A §4.5 Liquidated damages,if any: (Insert terms and conditions for liquidated damages, if any) If the work is not completed within the specified contract period plus authorized extensions the contractor shall pay_ to the City Liquidated Damages in the amount of Five Hundred dollars($500)per day,for each day,as further described herein,in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does,or could have worked.from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days,Sunday if no work is done and legal holidays Init. AIA Document A101 T —2017.Copyright®1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:36:25 ET on 01/04/2019 under Order No.2215063383 which expires on 06/27/2019,and is not for resale. User Notes: (1312974963) Working days will cease to be charged when only punch list items remain to be completed Punch list items do not include contract bid items or approved change/extra work orders When the Contractor believes the project to be substantially completed a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season This amount is not construed as a penalty. These damages are for the cost to the City ofrop vidin the he required additional inspection,engineering and contract administration §4.6 Other: (Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum) ARTICLE 5 PAYMENTS §5.1 Progress Payments §5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: §5.1.3 Provided that an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 10th day of the following month.If an Application for Payment is received by the Architect after the application date fixed above,payment of the amount certified shall be made by the Owner not later than thii1y (LO—)days after the Architect receives the Application for Payment. (Federal,state or local laws may require payment within a certain period of time) §5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form,and supported by such data to substantiate its accuracy,as the Architect may require.This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. §5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. §5.1.6 In accordance with AIA Document A20ITW-2017,General Conditions of the Contract for Construction,and subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: §5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction,or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing;and .3 That portion of Construction Change Directives that the Architect determines,in the Architect's professional judgment,to be reasonably justified. §5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; Init. AIA Document A101 n—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:36:25 ET on 01/04/2019 under Order No.2215063383 which expires on 06/27/2019,and is not for resale. User Notes: (1312974963) .2 The amount,if any,for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application,any amount for which the Architect may withhold payment,or nullify a Certificate of Payment in whole or in part,as provided in Article 9 of AIA Document A201-2017;and .5 Retainage withheld pursuant to Section 5.1.7. §5.1.7 Retainage §5.1.7.1 For each progress payment made prior to Substantial Completion of the Work,the Owner may withhold the following amount,as retainage,from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law) 5% §5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage,such as general conditions, insurance, etc) §5.1.7.2 Reduction or limitation of retainage,if any,shall be as follows: (If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion ofportions of the Work as provided in Section 3.3.2, insert provisions for such modifications) §5.1.7.3 Except as set forth in this Section 5.1.7.3,upon Substantial Completion of the Work,the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7.The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage upon Substantial Completion) §5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor,the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201-2017. §5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §5.2 Final Payment §5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Article 12 of AIA Document A201-2017,and to satisfy other requirements,if any, which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. §5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: §5.3 Interest Inst. AIA Document A101 n"—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:36:25 ET on 01/04/2019 under Order No.2215063383 which expires on 06/27/2019,and is not for resale. User Notes: (1312974963) Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any) ARTICLE 6 DISPUTE RESOLUTION §6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017,unless the parties appoint below another individual,not a party to this Agreement,to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name,address and other contact information of the Initial Decision Maker, if other than the Architect.) §6.2 Binding Dispute Resolution For any Claim subject to,but not resolved by,mediation pursuant to Article 15 of AIA Document A201-2017,the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 [X Litigation in a court of competent jurisdiction [ ] Other(Spec) If the Owner and Contractor do not select a method of binding dispute resolution,or do not subsequently agree in writing to a binding dispute resolution method other than litigation,Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION §7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2017. §7.1.1 If the Contract is terminated for the Owner's convenience in accordance with Article 14 of AIA Document A201-2017,then the Owner shall pay the Contractor a termination fee as follows: (Insert the amount of,or method for determining, the fee, if any,payable to the Contractor following a termination for the Owner's convenience) §7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017. ARTICLE 8 MISCELLANEOUS PROVISIONS §8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §8.2 The Owner's representative: (Name, address, email address, and other information) Travis Nichols Init. AIA Document A101 TM—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. s Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:36:25 ET on 01/04/2019 under Order No.2215063383 which expires on 06/27/2019,and is not for resale. User Notes: (1312974963) FacilitieslProiect Manager Waterloo Leisure Services 319.291.4370 office 319.291.4297 fax Travis.nicholsCc-waterloo-ia.org §8.3 The Contractor's representative: (Name, address, email address, and other information) John McKenzie,Project Manager Cardinal Construction JMcKenziena,cardinalconst.com Main: 319-8746810 I Fax: 319-232-3149 §8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days'prior notice to the other party. §8.5 Insurance and Bonds §8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A101Tm-2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum,Exhibit A,Insurance and Bonds,and elsewhere in the Contract Documents. §8.5.2 The Contractor shall provide bonds as set forth in AIA DesttmerA A10 T�017Exhibit A,and elsewhere in the Contract Documents. §8.6 Notice in electronic format,pursuant to Article 1 of AIA Document A201-2017,may be given in accordance with AIA Document E203Tw-2013,Building Information Modeling and Digital Data Exhibit,if completed,or as otherwise set forth below: (If other than in accordance with AIA Document E203-2013, insert requirements for delivering notice in electronic format such as name, title,and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission) §8.7 Other provisions: N/A ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS §9.1 This Agreement is comprised of the following documents: .1 AIA Document AIO1Tm-2017,Standard Form of Agreement Between Owner and Contractor .2 AIA Deetiment A'0 T�,Exhibit A,Insurance and Bonds .3 AIA Document A201Tm-2017,General Conditions of the Contract for Construction A A-1 A-Deftumefft E2031M 2013,Building infeEmation Modeling and Digital Data Exhibit,4ated as indieated-below: (Aser4 the date of the E203 2013 ineerperated inte this,4greement-.) .5 Drawings Number Title Date Exhibit B .6 Specifications Init. AIA Document A101 n—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be t prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:36:25 ET on 01/04/2019 under Order No.2215063383 which expires on 06/27/2019,and is not for resale. User Notes: (1312974963) Section Title Date Pages Exhibit C .7 Addenda,if any: Number Date Pages Addendum No. 1 11.29.2018 2 Addendum No.2 12.4.2018 7 Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .8 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.) [ ] AIA Document E204Tm-2017, Sustainable Projects Exhibit,dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement) [ ] The Sustainability Plan: Title Date Pages [ ] Supplementary and other Conditions of the Contract: Document Title Date Pages .9 Other documents,if any,listed below: (List here any additional documents that are intended to form part of the Contract Documents.AIA Document A201 TIL-2017 provides that the advertisement or invitation to bid,Instructions to Bidders, sample forms, the Contractor's bid or proposal,portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals,are not part of the Contract Documents unless enumerated in this Agreement.Any such documents should be listed here only if intended to be part of the Contract Documents) Form of Bid or Proposal Certificate of Insurance Performance and Pavment Bond This Agreement entered into as of the day and year first written bov j'... - A � OWNER(Signature) 0 R(Signature) (Printed name and title) - (Printed na e a title) Init. AIA Document A101 TM—2017.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997,2007 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 8 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 12:36:25 ET on 01/04/2019 under Order No.2215063383 which expires on 06/27/2019,and is not for resale. User Notes: (1312974963) Exhibit A ARTICLE L l 11.1.1.1 WORKER'S COMPENSATION INSURANCE The Contractor shall purchase and maintain Worker's Compensation for not less than the following limits,or greater, if required by law: .a State: Statutory .b Applicable Federal: Statutory .c Employer's Liability: $500,000 per Accident A Injury by Disease: $500,000 per Employee $500,000 Aggregate 11.1.2.1 LIABILITY INSURANCE The Contractor shall purchase and maintain Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance to cover the operations of the Contractor, the operations of the Subcontractors (Contingent or Independent), product and completed operations,personal injury, and contractual liability to include coverage for the Hold Harmless and Indemnification Clause in Article 3.18. Certificates shall be submitted on AIA Document G705 or the ACORD 25 Certificate of Insurance Form. Policy shall include a statement of 30 days minimum advance notice of material change or cancellation of policy to the Owner. The Architect and Owner, along with their respective officers, agency and employees, shall be named as additional insured for Ongoing Operations and Products/Completed Operations on the Contractor, Subcontractor's and any Sub-Subcontractors Commercial General Liability Policy,which must be primary and noncontributory with respect to the additional insured. Minimum Policy Limits: .I Comprehensive or Commercial General Liability(including Premises-Operation;Independent Contractor's Protection;Products and Completed Operations;Broad Form Property Damage): .a Bodily Injury: $1,000,000 Each Occurrence $2,000,000 Aggregate .b Property Damage: $1,000,000 Each Occurrence $2,000,000 Aggregate .c Products and Completed Operations: $2,000,000 Aggregate A Property Damage Liability shall provide X,C and U Coverage for Explosion,Collapse and Underground Hazard Exposures,respectively. .e Products and Completed Operations coverage shall be maintained for 3 years after final payment. .f Broad Form Property Damage coverage shall include Completed Operations. .g General Liability coverage shall contain a per project aggregate clause. .2 Contractual Liability: .a Bodily Injury: $1,000,000 Each Occurrence $2,000,000 Aggregate .b Property Damage: $1,000,000 Each Occurrence $2,000,000 Aggregate PROJECT##R1670.10.00 S.G.C. Page 9 Riverfront Stadium Group Seating Boxes Project 00 72 11 City of Waterloo CONTRACTOR INSURANCE REQUIREMENTS INVISION#18091 1 of 2 .3 Personal Injury,with Employment Exclusion deleted: $1,000,000 Aggregate .4 Business or Commercial Automobile Liability(including owned,non-owned and hired vehicles): .a Bodily Injury: $1,000,000 Each Person $1,000,000 Each Occurrence .b Property Damage: $1,000,000 Each Occurrence $1,000,000 Combined Single Limit .5 Umbrella Excess Policy: $3,000,000 over primary insurance The Contractor shall either(1) require each of his Subcontractors to procure and to maintain during the life of his subcontract, public liability and property damage coverage of the type and in the same amount as specified in the preceding paragraphs,or(2)insure the activities of his Subcontractors in his own policy. Insurance on equipment,tools,sheds,plant,etc.,shall be the responsibility of the Contractor. 11.3.f.1 BUILDER'S RISK FOR AMOUNT OF CONTRACT "The Owner shall purchase and maintain property insurance upon the entire work at the site to the full insurable value thereof. This insurance shall include the interests of the Owner, the Architect, the Contractor, the Subcontractors and sub-Subcontractors, all of whom shall be named as additional insured, and shall include the "Special" covered causes of loss, insurance for physical loss or damage." The Contractor and the Architect will be named and furnished a copy of the coverage at the beginning of the project. ARTICLE 13 13.1 GOVERNING LAW 13.1: Delete the words following"where the Project is located"in 13.1 so that it now reads as follows: Amend Paragraph 13.1 to read as follows: 13.1 The Contract shall be governed by the laws of the State of Iowa. Delete Subparagraph 13.6 and substitute the following Subparagraph: 13.6 Payments due and unpaid under the Contract Documents shall bear interest from the date the payment is due and shall bear interest at the rate established by Section 74A.2,Code of Iowa. 13.7 TIME LIMITS ON CLAIMS 13.7: Strike 13.7 in its entirety and substitute the following: 13.7 COMMENCEMENT OF STATUTORY LINGTATION PERIOD 13.7.1 As between the Owner and Contractor: 1. Before Substantial Completion.As to acts or failures to act occurring prior to the relevant date of Substantial Completion,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; PROJECT#R1670.10,00 S.G.C. Page 10 Riverfront Stadium Group Seating Boxes Project 00 72 11 City of Waterloo CONTRACTOR INSURANCE REQUIREMENTS INVISION#18091 1 of 2 EXHIBIT B 18091 Riverfront Stadium Group Seating Boxes Project Drawings SHEET NO. SHEET TITLE DRAWING DATE General G0.01 Title Sheet 11.2.2018 Architectural A1.11 First Floor Plan 11.2.2018 A3.01 Sections 11.2.2018 A5.01 Details 11.2.2018 I ��ISI � N EXHIBIT G 18091 Riverfront Stadium Group Seating Boxes Project Specifications SPECIFICATION SECTIONS #OF PAGES Division 00- Procurement and Contracting Requirements 96 Division 01 -General Requirements 32 Division 02—Existing Conditions N/A Division 03—Concrete N/A Division 04—Masonry N/A Division 05—Metals N/A Division 06-Wood, Plastics and Composites N/A Division 07-Thermal and Moisture Protection N/A Division 08—Openings N/A Division 09—Finishes N/A Division 10—Specialties N/A Division 12— Furnishings N/A Division 13—Special Construction N/A Division 21 —Fire Suppression N/A Division 22—Plumbing N/A Division 23- Heating, Ventilation and Air Conditioning(HVAC) N/A Division 26—Electrical N/A Division 27—Communications N/A Division 28- Electronic Safety and Communications N/A INVISION FORM OF BID OR PROPOSAL RIVERFRONT STADIUM GROUP SEATING BOXES PROJECT CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of Iowa, a Partnership consisting of the following partners: Cardinal Construction, Inc . having familiarized (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by INVISION and now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this RIVERFRONT STADIUM GROUP SEATING BOXES PROJECT, all in accordance with the above-listed documents and for the bid and alternates. BASE BID a) Having examined the Place of The Work and all matters referred to in the Instructions to Bidders and the Contract Documents prepared by INVISION for the above mentioned project, we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Base Bid listed in this bid form of: b) 5¢ve,��.►-F t ThcoSunc�; F"Ve MMdrf ZW dollars ($ 75i 500.00 J, in lawful money of the United States of America. C) We have included the required security deposit as required by the Instruction to Bidders. ALTERNATES -SEE SECTION 01 23 00 Bidder, in submitting his bid proposal, shall include, in addition to his base bid, the following alternate. Alternate No. 1: (ADD) Stair decking to be new steel decking to match existing, field verify. Base Bid—Salvage existing decking for stair. 1. ADD_&L 21wz UZ dollars. ($ on ), in lawful money of the United States of America. CONTRACT TIME a) Substantially complete the Work by May 17th, 20le AjDAA 2. 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. Riverfront Stadium Group Seating Boxes Project 0041 00.01 City of Waterloo FORM OF BID OR PROPOSAL INVISION#18091 Page 1 of 2 3. Security in the sum of 57 Dollars ($ )in the form of R;d P arj is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 4. Attached hereto is a Non-Collusion Affidavit of Prime Contractor. 5. Attached hereto is a Resident Bidder Certification. 6. The bidder is prepared to submit a financial and experience statement upon request. 7. 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. 8. The bidder has received the following Addendum or Addenda: Addendum No. 1 Date 11/29/2018 2 12/4/2018 9. 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: a) The City of Waterloo does not approve the subcontractors. b) The subcontractors submit in writing that they cannot fulfill their subcontracts. 10. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or"NA". 11. The bidder has attached all applicable forms. Cardinal Construction Inc . December 27, 2018 ( me of Bidder) (Date) BY: Title: President fficial Address: (Including Zip Code): 531 Commercial Street Suite 700 Waterloo, IA 50701 I.R.S. No. 42-0711727 END OF FORM OF BID OR PROPOSAL Riverfront Stadium Group Seating Boxes Project 0041 00.01 City of Waterloo FORM OF BID OR PROPOSAL INVISION#18091 Page 2 of 2 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: Cardinal Construction Waterloo IA That we, Inc 10 (hereinafter called the Principal), and Merchants Bonding_ o of 6700 Westown Parkway W. Des Moines, IA (hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter called the Obligee), in the penal sum Dollars(_Rn,3Oo pp), lawful money of the United States, to payment of which sum, well and truly to be made, the Principal here firmly binds himself/themselves, his/their heirs, executors, and administrators, and the said Surety binds himself, his successors, assigns, executors, and administrators,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, WHEREAS the above bounden Principal did, on thel4thday of 2019, enter into a written contract with the City of Waterloo, Iowa, for the construction of _ a copy of which contract, together with all of its terms, covenants, conditions, and stipulations, is incorporated herein and made a part hereof as full and completely as if said contract were recited at length herein; and WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons, firms or corporations having contracts directly with the Principal or with subcontractors, all just claims due them for labor performed or materials furnished in the performance of the contract on account of which bond is given when the same are not satisfied out of the portion of the contract price which the public corporation is required to retain until completion of the public improvement, but the Principal and Surety shall not be liable to said persons, firms, or corporation unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. Now, if the Principal shall in all respects fulfill his said contract according to the terms and tenor thereof, and shall satisfy all claims and demands incurred for the same, and shall fully indemnify and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Obligee all outlays and expenses which it may incur in making good any such default, then the obligation is to be void and of no effect, otherwise to remain in full force and effect. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent without notice: 1. To any extension of time to the contract in which to perform the contract. 2. To any change in the plans, specifications, or contract when such change does not involve an increase of more than twenty percent (20%) of the total contract price, and shall then be released only as to such excess increase. 3., That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. Riverfront Stadium Group Seating Boxes Project 0041 00.13 City of Waterloo FORM OF PERFORMANCE BOND INVISION#18091 Page 1 of 2 IN WITNESS WHEREOF, we have hereunto set our hands and seals this14ftay of January ,2019, Cardinal Construction, Inc. Princip By; Merchants rr -- )n angCompanv(M�tt�_t a11— Surety Attorney-in-Fact Janet Willard Riverfront Stadium Group Seating Boxes Project 0041 00.13 City of Waterloo FORM OF PERFORMANCE BOND INVISION#18091 Page 2 of 2 FORM OF PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Card n (Name of Contractor) 531 Commercial Street, Waterloo, Iowa 50701 (Address of Contractor) a-_ Corporation hereinafter called Principal, (Corporation,Partnership or Individual) and NhemcharitsRpoding (Name of Surety) 6700 Westown Parkwa West Des Moines IA 50266 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) 715 Mulberry Street, Waterloo IA 50703 (Address of Owner) Eighty Thousand Three herein after called OWNER, in the penal sum of Hundred Dollars Dollars, $( 80,300.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the 14th day of Jqnua .. 20 19, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. Riverfront Stadium Group Seating Boxes Project 0041 00.12 City of Waterloo FORM OF PAYMENT BOND INVISION#18091 Page 1 of 2 PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in One counterparts, each one of (number) which shall be deemed an original, this the 14th day of_ Jin afy 20 19 ATTEST: e.e. Cardinal Construction, Inc. Principal 4/,"( rmei al ecretary (SEAL) BY Cs) 531 Commercial St. (Address) Waterloo, IA 50701 Witness as to Principal .� (Address) Merchants Bonding Company (Mutual) Surety ATTEST: BYhll +s.>�. Attorney-in-Fact ,Janet Willard ..3.022 Air ort Blvd. Witness as to Surety (Address) =;:Airpctrt Blvd m Waterloo, IA 50703 __ .... _ ..... (Address) Waterloo,_IA 50703 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. River-front Stadium Group Seating Boxes Project 00 41 00.12 City of Waterloo FORM OF PAYMENT BOND INVISION#18091 Page 2 of 2 MERCHANT_77� BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Janet Willard their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 9th day of January 2019 �,,......,,, .9-0, :;2C,0RP0/p9� 4•.©1�RO,Q •,q MERCHANTS BONDING COMPANY(MUTUAL) y,�• MERCHANT NATIONAL BONDING, INC. 2003 1933 ; By ''.,: Jt '`, ' '+;� li ��.• President STATE OF IOWA �'•,,,.,."',. ••••.•'• COUNTY OF DALLAS ss. On this this 9th day of January 2019 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. - t s AUCIA K.GRAM p Commission Number 767430 My Commission Expires - � ,0F. April 1,2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 9th day of January 2019 . �,.•`P,A 10 Nps f O,NNO Cph• . :v: 2003 c . y 1933 Secretary POA 0018 (3/17) "���' •••• "'•• AC"R" CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) 1/9/2019 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 CONTACT�aCI(le Wagner PDCM Insurance P. O. Box 2597 (A/C.No Ext): 319-234-8888 PHONE FAX Noy 319-234-7702 Waterloo IA 50704 E-MAIL ADDRESS: jwagner@pdcm.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: United Fire&Casualty Company 13021 - INSURED CARDCON-02 INSURER B:Travelers 40282 Cardinal Construction Inc -- - --- - P.O. Box 897 INSURER C: Waterloo IA 50704-0897 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1834455706 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 ADDL SUBR - --- LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP --- INSDVifVDMM/DD/YYYYI I IMM/DD/YYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 60459330 4/1/2018 4/1/2019 EACH OCCURRENCE _ $1,000,000 CLAIMS-MADE EIOCCUR DAMAGET-PREMISE (OEa occur ante $100,000 MED EXP(Any one person) $5.000 _ X Contractual Liab PERSONAL&ADV INJURY_ $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PE LOC PR_ODUCTS-_COMP/OP AGG $2_,000,000 OTHER: A AUTOMOBILE LIABILITY 60459330 4/1/2018 4/1/2019 COMBINED SINGLE LIMIT ,(Ea accident) $1 000 000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED - AUTOS AUTOS BODILY INJURY(Per accident) $ X X NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident)_,____ $ A X UMBRELLA LIAB X OCCUR 60459330 4/1/2018 4/1/2019 EACH OCCURRENCE. . $1000, 0.000 EXCESS LIAB CLAIMS-MADE AGGREGATE __ $10,000,000 DED RETENTION$ �'. $ A WORKERS COMPENSATION 30302974 4/1/2018 4/1/2019 XPER QTH- AND EMPLOYERS'LIABILITY Y/N - __ STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N/A _E.L.EACH ACCIDENT $500,000 _ (Mandatory in NH)and E.L.DISEASE-EA EMPLOYEE $500'000 _ If yes,describe under --- _. ._._ _ DESCRIPTION OF OPERATIONS below E.L-DISEASE-POLICY LIMIT $500,000 B Equipment QT 660140D8488 4/1/2018 4/1/2019 Leased/Rented 250,000 Inland Marine Installation/Riggers 1,000.000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: 18091 Riverfront Stadium Group Seating Boxes. Owner and Architect along with their respective officers, agency and employees are additional insureds for ongoing&completed operations under general liability on a primary&non-contributory basis with waiver of subrogation per written contract. 30 day notice of material change in coverage or cancellation will be provided to City of Waterloo. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Waterloo ACCORDANCE WITH THE POLICY PROVISIONS. 715 Mulberry St. AUTHORIZED REPRESENTATIVE Waterloo IA 50703 *! ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD