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HomeMy WebLinkAboutHenkel Construction - Five Sullivan Bros. Kitchen Plumbing - 11/18/2019Init. iAIA Document AIOV - 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Eighteenth day of November in the year Two Thousand Nineteen (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Waterloo 715 Mulberry Street Waterloo, IA 50701 and the Contractor: (Name, legal status, address and other information) Henkel Construction Company 208 East State Street Mason City, Iowa 50401 for the following Project: (Name, location and detailed description) 16021 Five Sullivan Brothers Convention Center Kitchen Plumbing Improvements 200 W 4th Street Waterloo, IA 50701 The Architect: (Name, legal status, address and other information) 1NVISION Architecture, LTD 501 Svcamore #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. This document has important legal consequences. Consultation with an attomey is encouraged with respect to its completion or modification. The parties should complete A101 N-2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201 N-2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. 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. 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 11:26:13 ET on 12/03/2019 under Order No.2193223387 which expires on 06/26/2020, and is not for resale. User Notes: (1934116651) Init. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 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.Architect to be issued after December 9, 2019 [ ] 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.) 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 AIA6 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM 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 11:26:13 ET on 12/03/2019 under Order No.2193223387 which expires on 06/26/2020, and is not for resale. User Notes: (1934116651) [ ] Not later than ( ) calendar days from the date of commencement of the Work. [ X ] By the following date: February 1, 2020 § 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 Two Hundred Six Thousand Four Hundred Dollars and Zero Cents ($ 206.400.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 Altemates § 4.2.1 Alternates, if any, included in the Contract Sum: Item Price Alternate No. 3 — PEX pining (in sticks) DEDUCT ($5,950) for above grade domestic water § 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 § 4.3 Allowances, if any, included in the Contract Sum: (Identify each allowance.) Item N/A Price Price Conditions for Acceptance § 4.4 Unit prices, if any: (Identify 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) Excavation of uninterrupted rock materials (i.e. Cubic yard $850 limestone or bedrock) § 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) Liquidated damages do not apply § 4.6 Other: (Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.) 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. 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 11:26:13 ET on 12/03/2019 under Order No.2193223387 which expires on 06/26/2020, and is not for resale. User Notes: (1934116651) 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 thirty (30 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to 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 A201T14-2017, 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; .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.) Five Percent (5%) Init. AIA Document A101 "' — 2017. Copyright 01915, 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 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:26:13 ET on 12/03/2019 under Order No.2193223387 which expires on 06/26/2020, and is not for resale. User Notes: (1934116651) Init. § 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 of portions 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 fmal Certificate for Payment, or as follows: § 5.3 Interest 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.) 0 % Zero 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.) 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. 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 11:26:13 ET on 12/03/2019 under Order No.2193223387 which expires on 06/26/2020, and is not for resale. User Notes: (1934116651) § 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 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) City of Waterloo Greg Ahlhelm 715 Mulberry Street Waterloo. IA 50703 (319)-291-4319 Email Address: freg.ahlhelm(awaterloo-ia.org § 8.3 The Contractor's representative: (Name, address, email address, and other information) Henkel Construction Company Gary J. Schmit, President 208 East State Street Mason City, Iowa 50401 o: 641-494-5145 c: 641-425-5532 garvna.henkelconstruction.com 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. 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 11:26:13 ET on 12/03/2019 under Order No.2193223387 which expires on 06/26/2020, and is not for resale. User Notes: (1934116651) Init. § 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 A101T2017, 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 T "went -A' ^'0 Exhibit 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 E203TM-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 A101TM-2017, Standard Form of Agreement Between Owner and Contractor .2 AIArDeee t-A10 T'" Exhibit A, Insurance and Bonds .3 AIA Document A201 TM-2017, General Conditions of the Contract for Construction .4 , iudioated below: .5 Drawings Number Exhibit B .6 Specifications Section Exhibit C .7 Addenda, if any: Title Date Title Date Pages Number Date Pages Addendum No. 01 10.23.19 2 Addendum No. 02 11.01.19 12 Addendum No. 03 11.05.19 1 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. AIA Document A101 ' — 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 AIA5 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 11:26:13 ET on 12/03/2019 under Order No.2193223387 which expires on 06/26/2020, and is not for resale. User Notes: (1934116651) .8 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.) [ AIA Document E204n1-2017, 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 T"L2017 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.) Exhibit A — Insurance Requirements Exhibit B — Specifications Exhibit C — Drawings Bid Form Performance and Payment Bond Certificate of Insurance This Agreement entered into as of the day and year first written above. AltVC:1:9 OWNER (Signature) Q-C-(\ iAcct re_ (Printed name and title) CONTRACTOR (ature) Gary J. Schmit President President (Printed name and title) Init. AIA Document A101 TM - 2017. Copyright 01915, 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 AlAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 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 11:26:13 ET on 12/03/2019 under Order No.2193223387 which expires on 06/26/2020, and is not for resale. User Notes: (1934116651) Exhibit A GENERAL SPECIFICATIONS FOR CONSTRUCTION CITY OF WATERLOO, IOWA Department of Engineering SECTION A SECTION B SECTION C SECTION D SECTION E - SECTION F - - Definitions of Terms - Scope of work - Control of Materials and Work - Procedure and Progress Measurements and Payments Legal Relations and Responsibility SECTION A - DEFINITIONS OF TERMS 1. CITY. The City of Waterloo, Iowa, which is the Party of the First Part of the accompanying contract, acting through its authorized representative. 2. COUNCIL. The duly elected Council of the City of Waterloo, Iowa. 3. ENGINEER. The City Engineer of Waterloo, Iowa, or his authorized representative. 4. INSPECTOR. The authorized representative of the Engineer, assigned to the detailed inspection of the work or materials therefor and to such other duties as may be delegated to him in these specifications. 5. CONTRACTOR. The Party of the Second Part in the accompanying contract for the improvement covered by these specifications, or his authorized representative. 6. SUBCONTRACTOR. Any person, firm, or corporation who has, with the approval of the Council, contracted with the Contractor to execute and perform in his stead all or any part of the contract. 7. BIDDER. Any individual, firm, or corporation submitting a proposal for all or a part of the work provided for in these specifications. 8. PROPOSAL GUARANTEE. The security designed in the Notice of Bidders or Proposal to be furnished by the bidder as a guarantee of good faith to enter into a contract and furnish an acceptable bond for the work contemplated if it be awarded him. 9. SURETY. The corporate body bound with and for the Contractor for the acceptable performance of the contract. GENERAL SPECS Page 1 of 18 Exhibit A 10. PROPOSAL. The written Proposal, submitted by the bidder in the prescribed manner and on the standard form, for the improvements covered by these specifications. 11. SPECIFICATIONS. The documents that set forth the manner in which the proposed work is to be accomplished which have been prepared by the Engineer and approved by the City Council, official copies of which are now on file with the City Clerk. 12. SPECIAL PROVISIONS. Clauses or memoranda not contained herein, applying to the contract of which these specifications are a part, which change or supplement these specifications. 13. CONTRACT. The agreement entered into between the City and the Contractor, setting forth the terms under which the work covered by the plans and specifications is to be performed. The contract includes all conditions, definitions, and instructions set forth in the official publications relating to the work, the official contract and specifications, the Proposal, official plans, and all supplemental agreements entered into by the parties to the contract. 14. NOTICE TO BIDDERS. The notice called attention of bidders to the time and place for receiving bids, containing a brief description of the work, and briefly setting forth the requirements and conditions for submission of Proposals. 15. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the information relative to the proposed work and requirements for the submission of Proposals. 16. PLANS. The plans for the improvement covered by the specifications and approved by the Council, official copies of which are on file with the City Clerk. 17. CONTRACT BOND. The bond executed by the Contractor and his surety in favor of the City of Waterloo, Iowa, guaranteeing the complete execution of the contract in accordance with the plans and specifications, the payment of all debts pertaining to the work, and maintenance of the work as provided by law or by the specifications. 18. CONTRACT PERIOD. The period from the specified date for beginning the work to the specified date of completion, both dates inclusive. The contract period may be extended by the Council, as provided in these specifications, in which event the contract period includes the new date of completion. 19. OFFICIAL PUBLICATIONS. The official publications are the formal resolutions and notices relative to the proposed improvement that are required by law to be published in a prescribed manner and that have actually GENERAL SPECS Page 2 of 18 Exhibit A been published in accordance with the statutes relating thereto. Attention is directed to the fact that these official publications are by statute vested with all of the force and effect of contract obligations. 20. A.S.T.M. Abbreviation for American Society for Testing Materials. 21. WORK. The term "Work" of the Contractor and Subcontractor includes labor or materials or both, equipment, transportation, or other facilities necessary to complete the contract. 22. TIME. All time limits stated in the contract documents are of the essence in the contract. SECTION B - SCOPE OF WORK 1. CORRELATION AND INTENT OF DOCUMENTS. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor, materials, equipment, and transportation necessary for the proper execution of the work. Materials or work described in words which, so applied, have a well-known technical or trade meaning shall be held to refer to such recognized standard. 2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided in the contract documents, the engineer shall furnish to the Contractor, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work. The Contractor shall keep one (1) copy of all drawings and specifications on the work available to the Engineer and to his representatives. 3. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature, character and location of the work, the conformance to the ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can, in any way, affect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the City, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein contained. 4. REPORTING ERRORS AND DISCREPANCIES. If the Contractor, in the course of the work, finds any discrepancies between the plans and the physical conditions of the locality, or any errors of omission in plans or in the layout as given by said stakes and instructions, it shall be his duty to inform the GENERAL SPECS Page 3 of 18 Exhibit A Engineer immediately, in writing, and the Engineer shall promptly correct the same. 5. ALTERATION OR CORRECTION OF PLANS. The plans are made up from surveys that are presumably correct and represent the foreseen construction requirements. Any modification of the plans which may be required by the exigencies of the construction or any corrections made necessary because of errors in the original surveys, will be made by the Engineer. Should corrections or modifications of the plans or specifications require a different quality or class of work than that upon which the unit prices in the Proposal are based, or if the modifications or corrections are required in parts of the work partially completed and such modifications result in an increased cost to the Contractor, the amount to be paid for work resulting from such changes shall be agreed upon in writing at the time the changes are ordered and before the work is begun by the Contractor. No allowance will be made for anticipated profits on work not performed. 6. CHANGES IN THE WORK. The City, without invalidating the contract, may order extra work or make changes by altering, adding to, or deducting from the work, the contract sum being adjusted by agreement or arbitration before such changed work is undertaken. All such work shall be executed under the conditions of the original contract, except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. 7. INCREASED OR DECREASED QUANTITIES. The right is reserved without impairing the contract, to order the performance of such work of a class not contemplated in the Proposal or to increase or decrease the quantities as may be considered necessary to complete fully and satisfactorily the work included in the contract. However, when the work is completed without change in the plans, and the measured quantity of any item of work varies by more than twenty percent (20%) from the estimated quantity specified in the contract, an adjustment in price may be made for such item of work by agreement between the Engineer and the Contractor, subject to the approval of the City Council. Either party to the contract may request such an adjustment. 8. LANDS AND RIGHT OF WAY. The City shall provide the lands upon which the work under this contract is to be done, except that the Contractor shall provide land required for the erection of temporary construction facilities and storage of his material, together with the right of access to same. 9. CITY WATER. The Contractor shall be allowed to use City Water but before any water is used, he shall make application to the Waterloo Water Works for a temporary water connection from a fire hydrant or by some other connection method. Water usage will be charged at the rate for temporary water service. The rules, regulations, and water rates are available at the Waterloo Water Works offices at 325 Sycamore Street or their telephone number is 319- 232-6280. GENERAL SPECS Page 4 of 18 Exhibit A 10. RIGHTS OF VARIOUS INTERESTS. Whenever work being done by the City's forces or by other Contractors is contiguous to work covered by this contract, the respective rights of the various interests involved shall be established by the Engineer to secure the completion of the various portions of the work in general harmony. 11. CLOSING STREETS TO TRAFFIC. The Engineer shall be the judge of how many streets or parts of streets it is necessary for the Contractor to close at any time and may refuse to permit the closing of additional streets until such of the work is finished and opened to traffic as he may direct. 12. OBSTRUCTION OF STREETS. The work is to be carried on in such manner as to obstruct the streets, highways, and alleys as little as possible. The Contractor shall carry on the different parts of the work so as to complete the whole, as nearly as practicable, at the same time. In doing the work, the Contractor shall follow the directions of the Engineer as to the place or places where work shall be started or be carried on and the direction in which it shall be done. 13. SHANTIES AND BUILDINGS. Shanties or other buildings shall not be erected in or upon any street, highway, or alley without permission of the Engineer. If such permission be granted, it may be upon any reasonable terms prescribed by the person or body granting such permission. 14. SANITARY CONVENIENCES. The Contractor shall furnish the necessary sanitary conveniences, properly secluded, for the laborers on the work, and these shall be maintained in a manner that will be inoffensive to the public. 15. CLEANING UP. The Contractor shall, as directed by the Engineer, remove from the City's property and from all public and private property, at his own expense, all temporary structures, rubbish, and waste materials resulting from his operations before work can be considered completed. The Contractor shall also renew or replace any and all fences, sidewalks, or other property damaged or disturbed by his work. 16. OMISSION OF PARTS OF GENERAL SPECIFICATIONS. Parts of the General Specifications deemed not to apply to some particular work may be omitted by special reference in other parts of the contract documents. SECTION C - CONTROL OF MATERIALS AND WORK 1. SUPERVISION AND INSPECTION. The Engineer shall have supervision of the construction provided for in this Contract and shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress on the work, and all questions regarding the acceptable fulfillment of the terms of the Contract. GENERAL SPECS Page 5 of 18 Exhibit A Materials and construction work shall, at all times, be subject to the inspection of the Engineer or his representatives. The Contractor shall be held strictly to the true intent of these specifications as regards the quality of materials, workmanship, and the diligent prosecution of the work. The Engineer and his representatives shall, at all times, have access to the work wherever it is in preparation of progress, and the Contractor shall provide proper facilities for such access and for inspection. If the specifications, the Engineer's instructions, law ordinances, or any public authority require any work and/or materials to be especially tested or approved, the Contractor shall give the Engineer timely notice of readiness for inspection. If the inspection is to be made by authority other than the Engineer, the Contractor shall notify the engineer of the date fixed for inspection. Inspections by the Engineer will be promptly made and, where practicable, at the source of supply. If any work should be covered up without the approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination at the Contractor's expense. Re-examination of questioned work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work be found in accordance with the Contract, the City shall pay the cost of re- examination and replacement. If such work be found not in accordance with the Contract, the Contractor shall pay such cost unless he shall show that the defect in the work was caused by another Contractor, and, in that event, the City shall pay the cost. 2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed; also, to report whenever it appears that materials furnished and work performed by the Contractor fail to fulfill the requirements of the specifications and Contract, and to direct the attention of the Contractor to such failure or infringement; but such inspection shall not relieve the Contractor from any obligations to furnish acceptable materials or to provide completed construction that is satisfactory in every particular. In case of any dispute arising between the Inspector and the Contractor as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject materials or suspend the work until the question at issue can be referred to and decided by the Engineer. Inspectors are not authorized to revoke, alter, enlarge, relax, or release any requirements of these specifications. The Inspector shall, in no case, act as foreman or perform other duties for the Contractor, or interfere with the management of the work by the latter. GENERAL SPECS Page 6 of 18 Exhibit A 3. STATUS OF THE ENGINEER. The Engineer shall have general supervision and direction of the work. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He shall also have authority to reject any work and/or materials which do not conform to the specifications, to direct the application of forces to any portion of the work as, in his judgment, is required, and to order the force increased or diminished, and to decide questions which arise in the execution of the work. 4. ENGINEER'S DECISIONS. The Engineer shall, within a reasonable time, make decisions on all claims of the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the contract documents. All such decisions of the Engineer shall be final except as to the element of time and financial consideration involved, which, if no agreement in regard thereto is reached, shall be subject to arbitration. 5. STAKES AND INSTRUCTIONS. The Contractor shall provide reasonable and necessary opportunities and facilities for setting stakes and making measurements. The Contractor shall not furnish stakes or men to set them. He shall not proceed until he has received from the Engineer such stakes and instructions as may be necessary to the progress of the work. The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of willful or careless destruction, he shall be charged with the resulting extra expense and shall be responsible for any mistakes that may be caused, by their loss or disturbance. 6. SUPERINTENDENCE. The Contractor shall keep on his work during its progress a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The Superintendent shall not be changed except with the consent of the Engineer, unless the Superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. Important decisions shall be confirmed in writing to the Contractor. Other directions shall be so confirmed on written request in each case. The Contractor shall give efficient supervision to the work using his best skill and attention. He shall carefully study and compare all drawings, specifications, and other instructions, and shall report at once to the Engineer any error, inconsistency, or omission which he may discover. 7. REMOVAL OF UNAUTHORIZED WORK. Work done without lines and grade being give, work done beyond lines shown on the plans or as given, except as herein provided, or any extra or additional work done without authority, will be considered as unauthorized and at the expense of the Contractor and will GENERAL SPECS Page 7 of 18 Exhibit A not be paid for under the provisions of the Contract. Work so done may be ordered removed and replaced at the Contractor's expense. 8. REMOVAL OF DEFECTIVE MATERIALS OR WORK. The Contractor shall promptly remove from the premises all materials condemned by the engineer as failing to conform to the Contract; whether incorporated in the work or not, and the Contractor shall promptly replace and re -execute his own work in accordance with the contract and without expense to the City, and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned work and materials within a reasonable time, fixed by written notice, the City may remove them and may store the material at the expense of the Contractor. If the Contractor does not pay the expense of such removal within a reasonable time thereafter, the City may, upon ten (10) days' written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expense that should have been borne by the Contractor; or, if the net proceeds of such sale are insufficient to pay the expenses of removal, the City may deduct the balance from any amounts due the Contractor. 9. MATERIALS, EQUIPMENT, APPLIANCES, AND FACILITIES. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, and other facilities necessary for the execution and completion of the work. Materials shall be of the quality specified for each particular part of the work. Whenever, in construction of the work or in the manufacture of any article of appliance necessary for the construction or operation of the work, it is necessary to use any material that is not fully specified in these specifications, it shall be of good quality and shall meet with the approval of the Engineer. Any appliance that is necessary for the construction or operation of the work and is commonly recognized as a part of the work, shall be furnished by the Contractor as part of the work, whether or not it is specifically called for in the plans and specifications, and such appliance shall be of good quality and standard make and shall meet with the approval of the Engineer. 10. MATERIAL SAMPLES. Before the contract is awarded, the bidder may be required to furnish a statement of the origin, composition, and manufacture of any and all materials proposed for use in the performance of the Contract, together with samples of the material. These samples will be considered as representative and typical of the material to be obtained from any particular source. 11. CHARACTER OF WORKMEN AND EQUIPMENT. The Contractor shall employ competent and efficient workmen for every kind of work. Any person employed on the work who shall refuse or neglect to obey the directions GENERAL SPECS Page 8 of 18 Exhibit A of the engineer or Inspector, or who shall be deemed incompetent or disorderly, or who shall commit trespass upon public or private property in the vicinity of the work, shall be dismissed when the Engineer so orders, and shall not be re- employed unless express permission be given by the Engineer. The Contractor shall, at all times, enforce discipline and good order among his employees. The methods, equipment, and appliances used on the work, and the labor employed, shall be such as will produce a satisfactory quality of work and shall be adequate to complete the contract within the specified time limit. 12. HIRING CITY EMPLOYEES. The Contractor shall not employ and hire any of the City's employees without the permission of the Engineer. 13. LABOR. Local labor shall be given preferences so far as practicable. 14. THE CITY'S RIGHT TO DO WORK. If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this Contract, the City of Waterloo, after three (3) days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the Engineer shall approve both such action and the amount charged to the Contractor. SECTION D - PROCEDURE AND PROGRESS 1. ORDER OF COMPLETION - USE OF COMPLETED PORTIONS. The Contractor shall complete any portion or portions of the work in such order or time as the Engineer may require. The City shall have the right to take possession of an use completed or partially completed portion of the work at any time, but such taking possession and use shall not be deemed an acceptance of work so taken or used, or any part thereof. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation or extension of time, or both, as the Engineer may determine. 2. WEATHER. During stormy or inclement weather, all work shall be suspended, except such as can be done in an acceptable manner. Permission to work during freezing, stormy, or inclement weather shall in no way be construed as a release of the Contractor's responsibility regarding the quality of the finished work at such time. 3. SUNDAYS AND LEGAL HOLIDAYS. Except for such work as may be required to properly maintain or protect completed or partially completed construction or to maintain lights and barricades, no work will be permitted on Sundays or legal holidays without specific permission of the Engineer. GENERAL SPECS Page 9 of 18 Exhibit A 4. DELAYS AND EXTENSION OF TIME. If the Contractor be delayed in the completion of the work by an act of neglect of the City, or its employees; or by any other Contractor employed by the City; or by changes ordered in the work; or by strikes, lockouts, fire, unusual delays in transportation, unavoidable casualties, or any cause beyond the Contractor's control; or by delay authorized by the Engineer pending arbitration; or by any cause which the Engineer shall decide justifies the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide will compensate for such delay. No such extension shall be made for delay occurring more than thirty (30) days before claim therefor is made in writing to the Engineer. In the case of a continuing cause of delay, only one claim is necessary. This article does not exclude the recovery of damages for delay by either party under provisions in the contract documents. 5. TEMPORARY SUSPENSION OF WORK. The Engineer shall have authority to suspend the work, wholly or in part, for such period or periods of time as he may deem necessary, due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as is necessary due to the failure to the Contractor to carry out orders given or to perform any or all provisions of the Contract. 6. NOTICES - HOW SERVED. Any notice to be given by the City to the Contractor under this contract shall be deemed to be served if the same be delivered to the man in charge of any office used by the Contractor or his foreman or agent at or near the work, or deposited in the post office, postpaid, addressed to the Contractor at his last known place of business. 7. PROGRESS OF WORK. The progress of the work shall be such that, at the expiration of one-fourth (1/4) of the contract period, one -eighth (1/8) of the work shall be completed; at the expiration of one-half (1/2) of the contract period, three -eighths (3/8) of the work shall be completed; at the expiration of three -fourths (3/4) of the contract period, the work shall be three -fourths (3/4) completed, and the whole work shall be completed at the expiration of the contract period. If, at any time the above schedule is not being maintained, the Council may give written notice to the Contractor and his sureties that the specifications are not being complied with. Such notice shall state what action on the part of the Contractor is required to bring the work within the requirements of the specifications. If the Contractor fails, within ten (10) days, to proceed as directed in the said notice, then the Council shall have authority to annul this contract without process or action at law and take over the prosecution and completion of the work, as provided under the article covering City's right to terminate contract. GENERAL SPECS Page 10 of 18 Exhibit A 8. CITY'S RIGHT TO TERMINATE CONTRACT. If the Contractor should be adjudged a bankrupt; or if he should make a general assignment for the benefit of this creditor; or if a Receiver should be appointed on account of his insolvency; or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough skilled workmen or proper materials; or if he should fail to make prompt payment to Subcontractors or for materials or labor; or if he should persistently disregard laws, ordinances, or the instructions of the Engineer; or if he should otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other rights or remedy, and after giving the Contractor seven (7) days' written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such cases, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administration services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default shall be certified by the Engineer. 9. REMOVAL OF EQUIPMENT. In the case of annulment of this contract before completion, from any cause whatsoever, the Contractor, if notified to do so by the City; shall promptly remove any part or all of his equipment and supplies from the property of the City, failing which, the City shall have the right to remove such equipment and supplies at the expense of the Contractor. SECTION E - MEASUREMENTS AND PAYMENT 1. STANDARD OF MEASUREMENT. All work completed under the contract shall be measured by the Engineer according to the United States standard measures. 2. SCOPE OF PAYMENTS. The Engineer's measurements of quantities shall be the basis for final payment for the work performed under this Contract. After the work is completed, the Engineer will make measurements and computations of the number of units of each of the various items of work completed, and the Contractor will be paid for the actual amount of work performed at the rates specified in his Proposal. Before final settlement is made, the Council may require the Contractor to submit a list of all persons furnishing labor or materials, with evidence that such persons have been paid in full. GENERAL SPECS Page 11 of 18 Exhibit A Payment shall be made in the manner set forth in official publications and Council Proceedings relative thereto. 3. PAYMENT FOR EXTRA WORK. Such extra work as may have been ordered by the Engineer and performed by the Contractor shall be compensated for as provided herein. If work is to be done or materials are to be furnished by the Contractor which cannot properly be classified under unit prices included in the Proposal, the Contractor shall be paid therefor the actual reasonable cost of the labor and materials entering permanently in such work, plus fifteen percent (15%) of the cost thereof. In computing the labor cost on such extra work, the following items shall be included: (a) Actual payroll expenditures for labor at the current rate therefor, and cost of materials. (b) Pay of foreman and timekeepers for actual time required on the extra work. (c) Liability insurance, prorated, for the extra work. Labor cost items on extra work shall be furnished in duplicate by the Contractor to the Inspector daily. The Inspector shall check the items, and if he finds them to be correct, he shall so certify on the statement of cost, returning one copy to the Contractor and filing one copy with the Engineer. The Engineer shall determine the cost of materials entering into extra work from the materials and receipted freight bills for the same. For any special machine, power tools, or equipment, including fuel and lubricants, but not including small hand tools, which may be deemed necessary or desirable to use, the Contractor shall be allowed a reasonable rental thereon, to be agreed upon in writing by the Engineer before such work is begun, and to which sum no percentage is to be added. The item of cost shall not include repairs or replacement of equipment or overhead expenses of any character. The fifteen percent (15%) allowed is considered to cover the use of hand tools and all overhead expenses except liability insurance. In no case will a claim for extra compensation be allowed unless the work upon which the claim is based has been ordered in writing, except as provided hereinafter. 4. CLAIMS FOR EXTRA COST. If the Contractor claims that any instructions, by drawings or otherwise, involved extra cost under this contract, he shall give the Engineer written notice thereof within ten (10) days after completion of the work. GENERAL SPECS Page 12 of 18 Exhibit A No such claim shall be valid unless so made. 5. CLAIMS FOR EXTRA COMPENSATION. If the Contractor deems that extra compensation is due him for work and/or materials that he considered is not clearly covered in the items for which he submitted unit prices in his bid and that were not ordered in writing by the Engineer as an extra s heretofore provided, the Contractor shall notify the Engineer, in writing, of his intention to make claim for extra compensation for work and/or material before starting construction. If such written notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost as defined herein, then the Contractor hereby agrees to waive the claim for extra compensation. Such notice to the engineer and the fact that the Engineer has kept account of cost as aforesaid, shall not in any way be construed as proving the validity of the claim, which must be passed upon by the Council. In the event that the Council finds the claim to be just, it shall be allowed and paid for as extra work as provided herein. 6. COMPLETION REPORT AND OBJECTIONS THERETO. Within ten (10) days after the full completion of the work to be done under this contract, the Engineer shall make a written statement of all the work done by the Contractor hereunder, stating the quantity of each item as found by him and including a statement of all credits for extra work and all credits or debits for changes, alterations, omissions, and defects, and shall forthwith deliver a copy of such statement to the Contractor. The Contractor shall compare such statement with his own records and shall then, in writing, either approve such statement or point out any claimed errors or omissions. If any of such claims are found correct, the Engineer shall, within ten (10) days, prepare a new statement, a copy of which shall in like manner be delivered unto the Contractor. The Engineer will not file a formal completion report with the City until the Contractor has approved the same. If the figures of the Engineer and the Contractor cannot be reconciled, or there is a difference of opinion regarding some item or items, then such difference of opinion shall be submitted to arbitration as hereinafter provided, and the decision of the arbitrator or arbitrators shall be final, and the Engineer shall, within a period of five (5) days, file his completion report. Before action by the City Council upon such completion report, the Contractor shall also file a written statement of any claims he may have against the City, other than those shown by such completion report, growing out of this contract or the work done hereunder. The City shall retain ten percent (10%) of the amount due the Contractor on the completion report for a period of thirty (30) days. If no claims are filed against the Contractor within thirty (30) days, the final ten percent (10%) shall then be paid to the Contractor. 7. WAIVER. By the execution of this contract ,the Contractor agrees that any objections he may have to the statement of the amount of work done hereunder included by the Engineer in this completion report, and any claims of GENERAL SPECS Page 13 of 18 Exhibit A the Contractor against the City growing out of this contract and the work done hereunder which are not stated in writing in the manner and within the time provided in Article 6, Section E hereof, shall be waived, and no such claim shall thereafter be asserted against the City. SECTION F - LEGAL RELATIONS AND RESPONSIBILITIES 1. LAWS RELATING TO WORK. The Contractor is presumed to be familiar with all laws, ordinances, and regulations which may, in any manner, affect those engaged or employed upon the work or the materials or equipment used in or upon the work, and shall conduct the work so as not to conflict with such laws, ordinances, and regulations. 2. PROTECTION OF WORK AND PROPERTY. The Contractor for any part of the improvement shall be held responsible for the care of materials and of partially completed and completed work until final acceptance of the same by the Council. He will be required to make good at his own expense any damage which the work may sustain from any cause prior to the filing of the engineer's certificate of completion. He shall take all risk from floods and casualties of every description and make no charge for delay due to such cause. He may, however, be allowed a reasonable extension of time on account of such delays. He shall correct or make good at his own expense all damages to adjacent property due to the acts or negligence of his employees of the prosecution of his work, and save the City harmless therefor. The Contractor shall be held liable and responsible for all damages done to water, sewer, drain, or other underground pipes and structures, and to sidewalks and private property. 3. RESPONSIBILITY FOR ACCIDENTS. The Contractor shall assume full responsibility for all damages sustained by persons or property due to the carrying on of his work until final acceptance thereof, or until released by the Engineer in writing. 4. LIABILITY INSURANCE. The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefor, and said Contractor shall also carry liability insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before work shall be started on this contract, the Contractor shall furnish the City Clerk with proper affidavit or Affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of a least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or GENERAL SPECS Page 14 of 18 Exhibit A damages sustained by reason of carrying on the work involved in the Contract. The affidavit shall specifically evidence the following forms of insurance protection: (a) Public liability insurance covering all operations performed by persons directly employed by the Contractor. (b) Public liability insurance covering all operations performed by any Subcontractor to whom a portion of the work may have been assigned. (c) Public liability insurance covering all work upon the project performed by any independent Contractor working under the direction of either the principal Contractor or a Subcontractor. (d) Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the Contractor or by other persons, firms, or corporations. (e) The minimum protection shall be as follows: Comprehensive General Liability Insurance General Aggregate Limit Products —Completed Operations Aggregate Limit Each Occurrence Limit Comprehensive Automobile Liability Insurance $ 2,000,000.00 $ 2,000,000.00 $ 2 ,000,000.00 $ 1,000,000.00 The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured". A certificate, or a policy if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk shall include the name and address of the agency issuing the same. It shall also be required that the City Clerk be notified by registered mail of the cancellation or expiration of the above insurance. 5. BARRICADES AND SIGNS. The Contractor shall, at his own expense and without further or other order, provide, erect, and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs, or other adequate protection, as required by the latest edition of the "Iowa Manual on GENERAL SPECS Page 15 of 18 Exhibit A Uniform Traffic Control Devices for Streets and Highways" and shall provide, keep, and maintain such barricades, signs, etc., as may be required or as may be ordered by the City Engineer, to insure the safety of the public as well as those engaged on the work. All barricading plans shall be approved by the City Engineer. 6. ROYALTIES AND PATENTS. The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the City harmless from Toss on account thereof, except that the City shall be responsible for all such loss when a particular process or the product of a particular manufacturer is specified. 7. PERMITS AND REGULATIONS. Permits and licenses of a temporary nature for the prosecution of the work shall be secured and paid for by the Contractor. Permits, license, and easements for permanent changes in existing facilities shall be secured and paid for by the City. 8. CLAIMS FOR DAMAGES. Any claim for damages arising under this Contract shall be made in writing to the party liable within a reasonable time of the first observance of such damage and no later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or materials, and shall be adjusted by agreement or arbitration. The Contractor shall be held for the payment of all just claims against him arising out of the prosecution of this contract, and his bond will not be released until such claims are paid for dismissed. 9. ASSIGNMENT OF CONTRACT. The Contractor shall not sell or assign the contract or sublet any portion of the work provided for therein without the written consent of the City Council. 10. SUBCONTRACTORS. The Contractor shall, as soon as practicable after the signature of the contract, notify the Engineer in writing of the names of the Subcontractors proposed for the work and shall not employ any that the Engineer may, within a reasonable time, object to as incompetent or unfit. The Contractor agrees that he is as fully responsible to the City for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Nothing contained in the contract documents shall create any contractual relation between any Subcontractor and the City. 11. ARBITRATION. All questions subject to arbitration under this Contract shall be submitted to arbitration at the choice of either party to the dispute. GENERAL SPECS Page 16 of 18 Exhibit A The Contractor shall not cause a delay of the work during any arbitration proceedings, except by agreement with the Engineer. The demand for arbitration shall be filed in writing with the Engineer, in the case of an appeal from his decision, within ten (10) days of its receipt, and in any other case, within a reasonable time after cause thereof, and in no case later than the time of final payment, except as otherwise expressly stipulated in the contract. If the Engineer fails to make a decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the part appealing. No one shall be nominated or act as an arbitrator who is in any way financially interested in the contract or in the business affairs of either the City or the Contractor. The general procedure shall conform to the laws of the State of Iowa. Unless otherwise provided by such laws, the parties may agree upon one arbitrator; otherwise, there shall be three --one named in writing by each party to this contract to the other party, and the third chosen by these two arbitrators, or, if they fail to select a third within ten (10) days, then he shall be chosen by the Comptroller of the State of Iowa. Should either party refuse or neglect to supply the arbitrators with any papers or information demanded in writing, the arbitrators are empowered by both parties to proceed ex parte. If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be binding. Such decision shall be a condition precedent to any right of legal action, and, wherever permitted by law, it may be filed in Court to carry it into effect. The arbitrators, if they deem that the case demands it, are authorized to award to the party whose contention is sustained such sums as they shall deem proper for the time, expense, and trouble incident to the appeal, and, if the appeal was taken without reasonable cause, damages for delay, the arbitrators shall fix their own compensation unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbitrators must be in writing, and it shall not be open to objections on account of the form of proceeding or the award, unless otherwise provided by the laws of Iowa. In the event of such laws providing on any matter covered by this article otherwise than as hereinbefore specified, the method of procedure throughout and the legal effect of the award shall be wholly in accordance with the laws of the State of Iowa, it being intended hereby to lay down a principle of action to be followed, leaving its local application to be adopted to the legal requirements of the place in which the work is to be done. GENERAL SPECS Page 17 of 18 Exhibit A 12. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, at the time of execution and delivery of this contract and before the taking effect of same, furnish and deliver to the City written bonds of indemnity to the amount required by law in form and substance, and with surety thereon satisfactory and acceptable to the City, to insure the faithful performance and payment by the Contractor of all the covenants and agreements on the part of the Contractor contained in this contract. These bonds shall remain in force and effect for the full amount of the Contract. 13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the provisions of the Contract or in exercising any power or authority granted him thereby, there shall be no liability upon the Engineer or his authorized assistants, either personally or as an official of the City, it being understood that in such matters he acts as the agent and representative of the City. 14. JURISDICTION. Any action in Court against the Contractor or sureties on his bond because of damages to property or individuals by said Contractor or his workmen, or because of the violation of any provisions of the specifications, or on account of the failure of said Contractor to comply fully with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 15. TERMINATION OF RESPONSIBILITY. The Contract shall be considered as completed and the Contractor released from further obligations except as to the requirements of his bond, after the work has been completed and finally accepted and final estimates have been allowed and the completion report of the engineer has been filed and approved by the Council. 16. CITY'S LEGAL RIGHTS. The City shall not be precluded by any measurements, estimate, or certificate made, either before or after the completion and acceptance of the work and payment therefor, from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or the work or materials do not, in fact, conform to the Contract. The City shall not be precluded, notwithstanding any such measurements, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor and his surety such damages as it may sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the City or any of its representatives, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, nor any possession taken by the City, shall operate as a waiver on any portion of the contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach. GENERAL SPECS Page 18 of 18 EXHIBIT P 16021 5 Sullivan Brothers Convention Center Kitchen Remodel Drawings SHEET NO. SHEET TITLE DRAWING DATE ARCHITECTURAL A0.00 Title Sheet 10.21.2019 A1.10 Lower Level Floor Plan 10.21.2019 A1.40 Lower Level — Enlarged Floor Plan 10.21.2019 MEP ME001 Cover Sheet 10.11.2019 PD101 Plumbing Demolition Plan 10.11.2019 P101 Plumbing New Work Plan 10.11.2019 INVISION PI ANNING ARCNITECTURF I INTERIORS 1 EXHIBIT C 16021 5 Sullivan Brothers Convention Center Kitchen Remodel Specifications SPECIFICATION SECTIONS # OF PAGES Division 00 - Procurement and Contracting Requirements 108 Division 01 - General Requirements 30 Division 03 — Concrete 10 Division 05 — Metals 4 Division 06 - Wood, Plastics and Composites 6 Division 07 - Thermal and Moisture Protection 6 Division 09 — Finishes 14 Division 11 — Equipment 2 Division 22 — Plumbing 30 INVISION Pt ANNING i ARCHITFCTURE I INTERIORS 1 FORM OF BID OR PROPOSAL FIVE SULLIVAN BROTHERS CONVENTION CENTER KITCHEN PLUMBING IMPROVEMENTS CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa 1. The undersigned, being a Corporation existing under the laws of the State of Iowa, a Partnership consisting of the following partners: , having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed In the Table of Contents and Addenda (if any), as prepared by 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 Five Sullivan Brothers Convention Center Kitchen Plumbing Improvements, all in accordance with the above-Ilsted 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: Thrr 14 -4,- LcR 'hoe Ve id0d three.. h,�y yeti 6t flwL+ do ars ($,4 ), in lawful money of the United States of America. We have included the required security deposit as required by the Instruction to Bidders. b) c) CONTRACT TIME a) Complete the Work by January 15th, 2020 or earlier, UNIT PRICES - SEE SECTION 01 22 00 a) The Owner has requested Unit Pricing for specific portions of the Work as listed. Unit prices shall be total cost to Owner, per unit of Work, including Indirect costs and overhead and profit, b) Bidder, In submitting his bid proposal, shall include Unit Pricing for the following items: 1. ITEM DESCRIPTION Excavation of uninterrupted rock materials (i.e. limestone or bedrock) UNIT PRICE UNIT OF MEASURE , $ """ $S d , ~ Per cubic yard (CY) ALTERNATES- SEE SECTION 01 23 00 a) Alternate No. 1: Stainless d Stainless steel below grade sanitary sewer Ing, ADD it-i t T Y A�Qv1 tL 2 v. L an.e ? - ° dollars ($ ' 7 r 6(.50 _ ), In lawful money of the United States of America. b) Alternate No, 2: CPVC (Chemdraln) below grade sanItar , er piping. ADD u-4'1 -td -ate dollars ($ /(' c33ot7 , ), In lawful money of the United States of America. c) Alternate No, 3: PEX piping (in sticks for above grade domestic water. pQ ,,�� DEDUCT rive__ h-4,(1.5a ji/•Ylt Diu- if Q ' Fc (me"($ S. °f 5`d . ), in lawful money of the United States of America. Five Sullivan Brothers CC Kitchen Plmb Improvements City of Waterloo INVISION #16021 dollars 00 41 00 FORM OF BID OR PROPOSAL 1 of 2 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern In the actual payment to the Contactor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid Is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement In the prescribed form and furnish the required bond and certificate of the Insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" Is issued. 4, Security In the sum of Five Percent Dollars ($ 5% ) in the form of Bid Bond , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto Is a Non -Collusion Affidavit of Prime Contractor. 6, Attached hereto is a Resident Bidder Certification, 7. The bidder Is prepared to submit a financial and experience statement upon request. 8, The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an MP or Update and an EOC, within ten (10) days of notification that the bid submitted Is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No, 1 Date October 23 2019 2 October 31', 2019 3 November 5, 2019 10. The bidder shall list the MBEIWBE 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 ail 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 Alt 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. 11. The bidder has filled In all blanks on this proposal. Those blanks not applicable are marked "none" or "NA", 12. The bidder has attached all applicable forms, Henkel Construction Company November 7, 2019 (Name of iddpr) (Date) l''"" Gary J. Schmit BY:! Officiadress: (Inciud rig Zip Code): 208 E State Street Mason City. Iowa 50401 I.R.S. No. 42-0654148 Five Sullivan Brothers CC Kitchen Plmb Improvements City of Waterloo INVISION #16021 Title: President 00 41 00 FORM OF BID OR PROPOSAL 2 of 2 __1--1r,1 HENKE-1 ACC:►RL CERTIFICATE OF LIABILITY INSURANCE �....--�� OP ID: JA DATE /YYYY) 11 J11/2112019 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(les) must have ADDITIONAL INSURED provisions or 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 641.421-8000iACT 1ST Insurance Agency 20 E. State St. Mason City, IA 50401 John Moran John Moran PHONE 641-421-8000 FAX 641-421-1940 IA1c No, Ems). ' (A/C, No): ADDRESS, INSURER AFFORDING COVERAGE NAIC 0 INSURER A: BITCO Insurance Companies 20095 INSURED Henkel Construction Company 208 E State Street Mason City, IA 50401 INSURER B : Navigators Insurance Co 42307 INSURER C INSURER 0 : INSURER E : INSURER F : 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. LTR TYPE OF INSURANCE ANSh 161UVe1R POLICY NUMBER iMM/DDIYYYYYI IMMMAIDOIYYYY) I LIMITS A X COMMERCIAL GENERAL LIABILITY Y CLP3676417 12/31/2018 12/31/2019 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea $ 100,000 CLAIMS -MADE X OCCUR MED EXP any one person) 5,000 x Inc! Contractual $ 1,000,000 PERSONAL & ADV INJURY X & X,C,U GENERAL AGGREGATE $ 2,000,000 GEN'L 1 AGGREGATE POLICY OTHER: X LIMIT APPLIES P t& I PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X X LIABILITY ANY AUTO OWNED AUTEO�S ONLY AUTOS ONLY X X SCHEDULED AAUUT�OpS�t��p VMS Y CAP3676418 12/31/2018 12/31/2019 (Fe acclident)NED INGLE LIMIT 1,000,000 BODILY INJURY Per person) BODILY INJURY (Per accident) _I_ $ $ (Per aaccideentDAMAGE $ $ A X UMBRELLA LIAB _ EXCESS LIAR X OCCUR CLAIMS -MADE CUP2815608 12/31/2018 12/31/2019 EACH OCCURRENCE $ 6,000,000 AGGREGATE $ 5,000,000 $ DED I RETENT ON $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YJNi OFFICERJMEMBER EXCLUDED? N I (Mandatory In Nti) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC3676416 1 12/31J2018 12131/2019 I X STATUTE O H E.L. EACH ACCIDENT $ 1,000,000 $ 1,000,000 E.L. DISEASE - EA EMPLOYEE El. DISEASE - POLICY LIMIT $ 1,000,000 B Excess Umbrella CH18EXC8261221V 12/31/2018k 12J31/2019 Occ / Agg 10,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached B more space is required) Five Sullivan Brothers Convention Center Kitchen Plumbing Improvements City of Waterloo is included as Additional Insured with respect to General Liability & Auto Liability when required by written contract. 30 day Notice of Cancellation Endorsed. City of Waterloo ty 715 Mulberry Street Waterloo, IA 50701 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Ti-IS DDORSENENT CHANCES TFE POLICY. PLEASE READ IT CAREFULLY. Burs EXTENDED UABIUTY COVERAGE This endorsement modifies insurance provided under the following: COMV RCIAL Cf]ERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of an X in the box next to the option of such provision. A X Partnership and Joint Venture Extension N. B. X Contractors Automatic Additional insured O. Coverage — Ongoing Operations C. FT( Automatic Waiver of abrogation D. X Extended Notice of Cancellation, Nonrenewal E X Unintentional Failure to Disclose Hazards F. X Broadened Mobile Equipment G. M Personal and Advertising Injury - Contractual Coverage Nonempleyrr nt Discrimination I. X Liquor Liability J. X Broadened Contitions W X X P. R. S. T. U. I X V. X X X X X X _X X X K Automatic Additional Insureds — Equipment Leases X [_X L pi Insured Contract Extension - Railroad Property and Construction Contracts M X Turnkey Jobs - Coverage For Alienated Premises Y. Z X X Costar ion Project General Aggregate Limits Fellow Employee Coverage Property Damage Liability - Bevators Property Darrsge to the Named Insureds Vlbrtc Care, Custody or Control Concrete Rework Labor Reimbursement Coverage Lost Key Coverage Electronic Data Liability Coverage Consolidated Insurance Pro am Residual Liability Coverage Automatic Additional Insureds — Managers or Lessors of Premises Automatic Additional Insureds — State or Governmental Agency or Political Subdivisions — Permits or Authorizations Contractors Automatic Additional Insured Coverage — Completed Operations Additional Insured — En neers, Architects or a rveyors A PARMERSHP AND JOINT VENTURE EXTENSION The following provision is added to SECTION 11- WHO IS AN INSURED: The last full paragraph which reads as follows: No person or organization is an insured with respect to the conduct of any anent or past partnership, joint venture or limited liability oorrpany that is not shown as a Named Insured in the Declarations. is deleted and replaced with the fdlowing; Wth respect to the conduct of any past or present joint venture or partnership not shown as a Narned Insured in the Declarations and of Mich you are or were a partner or member, you are an insured, but only with respect to liability arising out of "your work' on behalf of any partnership or joint verdure not shown as a flamed Insured in the Declarations, provided no other sinilar liability insurance is available to you for 'Wu. work" in connection with your interest in such partnership or joint venture. a CONTRACTORS AUTOMATIC ADDTiiONAL INSURED COVERAGE —ONGOING OPERATIONS SECTION II — WIiO IS AN INSURED is amended to include as an additional insured any person or organization who is requred by written contract to be an additional insured on your policy, but only with respect to liability for 'bocily injury', "property damage" or "personal and advertising injury' caused, in wtnde or in part, 1. Your acts or omissions; or 2. The ads or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s) designated in the written contract. With respell to the insurance afforded to these adcftional in&reds, the fdlowing addtional exclusions apply. This insurance does not apply to' bodly injury' or "property damage" occurring after 1. Al work, inducing rraterials, parts or equiprrant furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contactor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the adctional insured, vtbether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insLrance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-caitributory. E3ut with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, ttis insurance will be excess. C. AUTOMATIC WAiVER OF SUBROGATION Item 8. of SECTION IV - comm AL GENERAL LIABILITY COMMONS , is deleted and replaced with the fdlowing: & Transfer of Rights of Recovery Against Others to Us and AutorrEto Waiver of Subrogation. a If the insured has rights to recover ail or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after Toss to impair those rights. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of 'your work" for that person or organization. a-3064 (09/11) -2- This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a fumed Insured in the Declarations and we will not require contribution from such irsuran;e if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or addtional insured, this insurance will be excess. Y. CONTRACTORS AUTOIVIATIC ADDI11ONAi_ INSURED COVERAGE — COMPLETED OPERATIONS SECTION II — WHO IS AN INSURED is amended to indude as an additional insured any person or organization who is required by written contrast to be an addtional insured on your policy for oonpleted operations, but only with respect to liability for "bocly injury' or "property damage" caused, in while or in part, by 'your work" at the project designated in the contract, performed for that additional insured and included in the "products -completed operations hazard". This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be prinsiy relative to insurance policy(s) which designte the addtional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. Bit with respect to all other insurance under which the adctional insured qualifies as an insured or additional insured, this insurance will be excess. Z ADDITIONAL INSURED— ENGINEERS,ARGiTECTS OR SURVEYORS SECTION 11 — WHO IS AN INSURED is amended to indude as an addtional insured any architect, engineer or surveyor who is required by written contract to be an additional insured on your policy, but only with respect to liability for "badly injury", "property darrmage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your ads or omissions; or 2 The ads or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually required to be added as an additional insured to your policy. Wth respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury', "property damage" or "personal and advertising injury' arising out of the rendering of or the failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or 2 Supervisory, inspection or engineering services. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which desigiate the additional insured as a Named Insured in the Declarations and uue will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL-3084 (O9/11) -14- THIS EN3CRSEMBNIT CHANGES TI-E POLICY PLEASE READ rr CAREFULLY. ADDITIONAL INSURED - SPECIFIC EN I11ES This endorsement =cifies insurance provided under the following BUSINESS AUTO COVERAGE FORM \MIO IS AN INSURED is changed to include as an "insured' the person or organization named in this fin. I-bwever, the additional insured is an "insured' only for "bodily injury' or "property damage" arising out of work or operations performed by you or on your behalf for the addtional insured and resulting fru r i the ownership, maintenance or use of a "covered auto," by 1. You, or 2. My of your employees or agents; or 3. Anyone other than the additional insured or any employee or agent of the additional insured, while using with your permission a covered "auto" you ovum, hire or borrow. ADDITIONAL INSURED-. ANY PERSON OR ORGANIZATION FOR WHOM IHE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT (INSURED CONTRACT) TO DESIGNATE AS AN ADDITIONAL INSURED SUBJECT TO AIL THE PROVISIONS AND [IMITATIONS OF THIS POLICY, THIS INSURANCE WILL BE PRIMARY AND/OR NON-CONTRIBUTORY ONLY IF YOU HAVE SO AGREED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO ANY LOSS. A-2931 (11/99) Bond No. 30083819 FORM OF PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Henkel Construction Company (Name of Contractor) 208 East State Street, Mason City, IA 50401 (Address of Contractor) a Corporation (Corporation, Partnership or Individual) and Western Surety Company , hereinafter called Principal, (Name of Surety) 151 N. Franklin Street, 17th Floor, Chicago, IL 60606 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo City of Waterloo (Name of Owner) 715 Mulberry St., Waterloo, IA 50703 (Address of Owner) herein after called OWNER, in the penal sum of Two Hundred Six Thousand Four Hundred and 00/100 Dollars, $( 206,400.00 ) 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 18th day of November 2019 , a copy of which is hereto attached and made a part hereof for the construction of: Five Sullivan Brothers Convention Center Kitchen Plumbing Improvements 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. 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 3 counterparts, each one of (number) Five Sullivan Brothers CC Kitchen Plmb Improvements City of Waterloo INVISION #16021 00 41 00 FORM OF PAYMENT BOND 1 of 2 which shall be deemed an original, this the 2019 ATTEST: (Principal) Stephen M. (SEAL) NO SEAL Witne s as to Princip al son 208 East State St. 18th By (Address) Mason City, IA 50401 A,TicST: s as to Surety 20 East State Street B JenMcIntyre, yh rney-in-Fact day of November Henkel Construction Company Principal (s) Gary J. $¢hmit, President East State St. (Address) Mason City, IA 50401 (Address) Mason City, IA 50401 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. Five Sullivan Brothers CC Kitchen Plmb Improvements City of Waterloo INVISION #16021 20 East State Street (Address) Mason City, IA 50401 00 41 00 FORM OF PAYMENT BOND 2 of 2 Bond No. 30083819 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Henkel Construction Company, of Mason City, IA (hereinafter called the Principal), and Western Surety Company of Chicago, IL (hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter called the Obligee), in the penal sum Two Hundred Six Thousand Four Hundred and 00/100 Dollars ($ 206,400.00 ) lawful money of the United States, to payment of which sum, well and truly to be made, the Principal here firmly binds himself/themselves, his/their heirs, executors, and administrators, and the said Surety binds himself, his successors, assigns, executors, and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, WHEREAS the above bounden Principal did, on the 18th day of November 2019 enter into a written contract with the City of Waterloo, Iowa, for the construction of Five Sullivan Brothers Convention Center Kitchen Plumbing Improvements a copy of which contract, together with all of its terms, covenants, conditions, and stipulations, is incorporated hereinand 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 fumished 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. Five Sullivan Brothers CC Kitchen Plmb Improvements City of Waterloo INVISION #16021 00 41 00 FORM OF PERFORMANCE BOND 1 of 2 IN WITNESS WHEREOF, we have hereunto set our hands and seals thislath day of November 2012. Henkel Construction Company By: Principal Western Surety Company Surety i AvivcA Mclnt r At ome -in-(4.-A,44 nny y % y act Five Sullivan Brothers CC Kitchen Plmb Improvements City of Waterloo INVISION #16021 00 41 00 FORM OF PERFORMANCE BOND 2 of 2 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Aristotle G Pappajohn, Wendy M Snelling, Casey M Callanan, John P Moran, Jenny McIntyre, Individually of Mason City, IA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 26th day of September, 2019. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY aul T. Bruflat, Vice President On this 26th day of September, 2019, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires June 23, 2021 t11/"W Y/ —MI ,, -, -, J. MOHR 6) NOTARY TKISUCa SOUTH DAKOTA CERTIFICATE iCi.—.7?77441}1/1- J. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 18th day of November, 2019. WESTERN SURETY COMPANY • 24ce'ir..Nelson, Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.