HomeMy WebLinkAboutPro Track Tennis, Inc-FY2021 Byrnes Tennic Center Resurfacing Project Contract No. 1038-10.19.2020CITY OF WATERLOO, IOWA
WATERLOO LEISURE SERVICES COMMISSION
CONTRACT
For
FY2021 BYRNES TENNIS CENTER RESURFACING PROJECT
CONTRACT NO. 1038
This Contract made and entered into this 19th day of October 2020, by and between the City of
Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and Pro Track and
Tennis Inc. of Bennington, Nebraska hereinafter referred to as Contractor,
W ITNESSETH:
Par. 1 The Contractor shall furnish all supervision, technical personnel, labor, materials, and
equipment to perform all work required for the FY2021 BYRNES TENNIS CENTER
RESURFACING PROJECT CONTRACT NO. 1038 as described in the specifications and
shown on the plans.
Par. 2 The Contract Documents shall consist of the following:
a. This Agreement
b. Notice of Hearing
c. Signed Copy of Bid
d. Specifications
e. Performance Bond
d. Payment Bond
f. Certificates of Insurance
These documents form the Contract and are all fully a part of the Contract as if attached to this
Contract or repeated herein.
Par. 3 The Contractor agrees to commence the work within forty-five (45) days after the
issuance of "Notice to Proceed" and complete the work within the given time frame.
Par. 4 The Contractor agrees to comply with and obey all ordinances of the City of
Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for
water, traffic and protecting any excavation in any street or alley and maintaining proper and
sufficient barricades with lights and signals during all hours of
darkness and agrees to see that the backfilling is properly done and agrees to keep the City
whole and defend any suits that may be brought against it by reason of any injuries that may be
sustained by any person on account of doing this work by the Contractor and any agents of the
Contractor.
Par. 5 The Contractor agrees that in case a suit is brought against the City for damages
sustained by reason of any act, omission or negligence of the Contractor or its agents or on
account of any injuries sustained by reason of any obstruction, hole, depression or barrier
placed or dug by the defendant or its agents in the doing of the work herein contracted for, that it
will defend said suit and save the City harmless therein and in case judgment is rendered
against the City, the Contractor agrees to pay the same promptly and agrees to carry public
liability insurance in a solvent company in a sufficient amount to protect the City and any and all
persons who may use the project. In no event, shall Contractor be liable for any claims for loss
of ad revenue.
Par. 6 The Contractor shall have no cause of action against the City on account of
delays and prosecution of work, but if the work is delayed by the City, the Contractor may have
extra time for the completion of the job as was lost by reason of the delay caused by the City.
Par. 7 The Contractor agrees to pay punctually all just claims of labor, material, men or
Subcontractors, who perform labor or furnish materials entering into this improvement. It is
agreed that the City need not pay the Contractor until all such claims are paid by the Contractor
and lien waivers are received. It is agreed that the City shall bear no liability for payments due
for labor or materials under this contract.
Par. S In consideration of the full compliance on the part of the Contractor with all the
provisions, stipulations and conditions hereof, or contained in the various instruments made a
part of this Contract by reference, and upon completion and acceptance of the work, the City
agrees to pay the Contractor for the project:
Sum of: Seventy -Seven Thousand, Two Hundred and Fifty Dollars ($77,250.00)
City of Waterloo, Iowa
Qr tev��iv� Grp klellq �elchle
Quentin Hart, Mayor Kelley Felchle, City Clerk
Pro Traqkajid Tennis Inc. of Bennington, Nebraska
Gv�G Q i�y k�c�u �i7c� ardL�i� =�
TITLE
Approved by the City Council of the City of Waterloo, Iowa, this 19th day of October 2020
ATTEST:
KeLe� -e- /Chle City clerk
Bond#: 100522621
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Pro Track and Tennis, Inc. of Bennington, NE
(the "Principal"), and American Contractors Indemnify Company of Las Angeles, CA
(the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the
"Obligee"), in the penal sum of Seventy -Seven Thousand, Two Hundred Fifty and 00/100 Dollars
(g $77,250.00 lawful money of the United States, for the payment of said sum in
connection with a Contract (the "Contract") dated on or about October 19, 2020 for the
purpose Of FY2021 Byrnes. Tennis Center Resurfacing Project Contract No. 1038
The Contract is incorporated herein by reference as though fully set forth herein
Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract,
with the Obligee having performed 'as obligations in the Contract, then the Surety, acknowledging
that time is of the essence, may promptly remedy the default, or shall promptly undertake to:
1. Complete the Contract in accordance with its terms and conditions; or
2. Obtain one or more bids for completing the Contract in accordance with its terns and
conditions, and upon determination by the Surety of the lowest responsible bidder, or
negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and
the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for
a contract between such party and the Obligee. The Surety will make available as
work progresses sufficient funds to pay the cost of completion fess the balance of the
Contract price. The cost of completion includes responsibilities of the Principal for
correction of defective work and completion of the Contract, the Obligee's legal and
design professional costs resulting directly from the Principal's default, and liquidated
damages or actual damages 'rf no liquidated damages are specified in the Contract.
The term "balance of the Contract price" means the total amount payable by the
Obligee to the Principal under the Contract and any amendments thereto, less the
amount properly paid by the Obligee to the Principal; or
3. Determine the amount for which it is liable to the Obligee and pay the Obligee that
amount as soon as practicable.
In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold
Obligee harmless from and against any and all costs of enforcement, including but not limited to
reasonable attomeys' fees and expenses.
Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding,
to consent to each and all of the following matters, without notice:
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.
If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall
remain in full force and effect. In no event shall the Surety's total obligation exceed the penal
amount of this bond.
Terms used herein shall include, as appropriate, the singular or plural number, or the masculine,
feminine or neuter gender.
IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance
Bond as of October 19, 2020
PRINCIPAL
Pro Track and Tennis. Inc.
ivame
By:
Title: 01Rcr�a2 n� FiNAri(1P
6illan"
Amencan Contractors Indemnity Company
Name
By:
T., K ause
Title: Attorney -in -Fact
[attach Power of Attorney]
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
If this project includes Federal Funds, the following applies to the payment bond:
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
where the project is located.
PAYMENT BOND Bond#: 100522621
KNOW ALL MEN BY THESE PRESENTS: that
Pro Track and Tennis, Inc.
7409 North 160th Street, Bennington, NE 68007
(Address of Contractor)
a corporation -,hereinafter called Principal,
(Corporation, Partnership or Individual)
and, American Contractors Indemnity Company
(Name of Surety)
801 South Figueroa Street, Suite 700, Los Angeles, CA 90017
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
City of Waterloo, Iowa
(Name of Owner)
715 Mulberry St., Waterloo, IA 50703
(Address of Owner)
seventy-seven Thouvnd,
hereinafter called OWNER, in the penal sum of jeHundred Fifty and oonoopollars.f$ 77,250.00 )
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 19th day of October
20 20 , a copy of which is hereto attached and made a part hereof for the construction of:
FY2021 Byrnes Tennis Center Resurfacing Project Contract No. 1038
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 1 counterparts, each one of
(number)
which shall be deemed an original, this the 19th day of October
20 20
ATTEST:
(Principal) Secretary
(SEAL)
Witness as to Pnncipal
Pro Track and Tennis, Inc.
Pnncipal
By sa io,q,5e ('s)
7409 North 160th Street
(Address)
Bennington, NE 68007
American Contractors Indemnity Company
�j ,yy,S�urety
ATT ST: By (//Llic!1 &V
Attorrky-iri-P5ct, Tracy Krause
801 South Figueroa Street, Suite 700
Wien as to Sure(Address)
j
X6 Homberg Lane Los Angeles, CA 90017 -
(Addmss) - -
Madison, WI 53716 `
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
If this project includes Federal Funds, the following applies to the payment bond:
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the State where the
project is located.
`1 TOKIOMARINE
Ga' HCC
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint,
TRACY KRAUSE
its true and lawful Attorney -in -Fact with full authority to execute on Its behalf bond number 1OD522621
issued in the course of its business and to bind the Company thereby, in an amount not to exceed
Three million and 001100 1 S3.000 000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the V day of
September, 2011.
"Be it Resolved, that the President, any Vice -President, any Assistant Vice-Prestent, any Secretary or any Assistant Secretary shall be
and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and
act for and on behalf of the Company subject to the following provisions:
Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge
and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings,
including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,
and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed
by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate
Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of
attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached --
The Attomey-in-Fact named above may be an agent or a broker of the Company. The granting of this Power of Attomey is specific to this
bond and does not indicate whether the Attomey-in-Fact is or is not an appointed agent of the Company.
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its
President on this 1n day of June, 2018. •••:�io
`..`°•�10.... _HS oys
'.'g� AMERICAN CONT}ipCTfNDEMNITY COMPANY
State of Calrfornra =`� - Jp.YfIA
County of Los Angeles a, is s"• zi'� ; • By:
IA
Adam S. Pessin, President
cq,,o ...
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the cl w-- t to which
this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
On this 10 day of June, 2018, before me, Sonia O. Carejo, a notary public, personally appeared Adam S. Pessin, President of American
Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the instrumenL
I certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is We and correct
WITNESS my hand and official seal.
1 �t
Signature (seal) ,`.j ;^T^•n %i .S, - {
I, Kio Lo, Assistant Secretary of Amon= Contractors Indemnity Company, do hereby certify that the Power of Attorney and the
resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that
neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS WHEREOF, 1 have hereunto set my hand this 13th day of October 2020
atp'Rs crpr
Bond No. 100522621
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Agency No. 700232 Kio W. As nt Secretary
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