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HomeMy WebLinkAboutCommunity Electric - FY21 Riverfront Stadium Electrical Repair, Cont. No. 1046 - 03.15.2021COMMU-2 ID: ,acoRa DA03/10/2021TE Y) `-� CERTIFICATE OF LIABILITY INSURANCE 03/10/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE BELOW. THIS CERTIFICATE OF INSURANCE 'DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. THIS POLICIES 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 arms and conditions of the policy, certain policles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsoment(s). PRODUCER The Sinnott Agency, 622 W 4th St., PO Box Waterloo, IA 50704 Steven Sinnott 319-233-6103 Inc. 1918 c TAcT Janan Timmer PHONE jaCC, No, ExO: 319-233-6103 FAX N�:319.234.8133 E-MIL AD RESS: /avant@sinnottageney.com INSURER(SLAFFORDING COVERAGE NAIC N INSURER A: Continental Western Group 10804 INSURED community Electric Inc 1510 FALLS AVE WATERLOO, IA 50701 INSURER 0: INSURER C: INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE 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 POLICES 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 INSD SUBR POLICY NUMBER POLICY IMOLIC/YEFF EFF POLICY EXP J POLICY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X CPA3236427-20 03/01/2021 03/01/2022 DAMAGE TO RENTED PREMISES(EaocCURence) $ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL BADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PECOT LOC PRODUCTS - COMP/OPAGG $ 2,000,000 OTHER: $ X AUTOMOBILE LIABILITY COMBINED4Ea ISINGLE LIMIT ) $ 1,000,000 X ANY AUTO CPA3236427-20 03/01/2021 03/01/2022 BODILY INJURY (Per person) $ AUTOS�. AAUTUEOOS ONLY SCHEDULED BODILY INJURYp(Per accident) $ AUTOS ONLY maw ONLY Eeracccw nl) AMAGE _ A'.. UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 6,000,000 X EXCESS LIAB CLAIMS -MADE CPA3236427-20 03/01/2021 03/01/2022 AGGREGATE $ 6,000,000 OED X RETENTION$ 0 $ ' A ADARgehRSEAAB V X MUTE OTH- ER Y/N WCA3236428-20 03/01/2021 03/01/2022 1,000,000 ANY PROPR ETORIPARTNERIEXECUTIVE N/A EL EACH ACCIDENT 5 W E NER EXCLUDED? (Mandatory 1,000,000 In H) E.L.DISEASE- EA EMPLOYEE $ R yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE- POLICY LIMIT 5 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD WHEN REQUIRED IN WRITTEN CONTRACT: LIABILITY POLICY PER CLCG0492 10/18, POLICY PROVISIONS. PROJECT: RIVERFRONT STADIUM FIRE REPAIR 1011 Additional Remarks Schedule, ADDITIONAL INSURED CANCELLATION NOTICE INCLUDED may UNDER a attached It mo e space Is regal ed) THE GENERAL PER CERTIFICATE HOLDER CITYWLO CITY OF WATERLOO 715 MULBERRY ST WATERLOO, IA 50703 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 Document A101® - 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Fifteenth day of March in the year Two Thousand Twenty - One ADDITIONS AND DELETIONS: The author of this document has (Paragraph Deleted) added information needed for its completion. The author may also BETWEEN the Owner: have revised the text of the original AIA standard form. An Additions and (Paragraph Deleted) Deletions Report that notes added information as well as revisions to Waterloo Leisure Services, City of Waterloo the standard form text is available 1101 Campbell Avenue, Waterloo, Ia 50701 from the author and should be Telephone Number: 319-291-4370 reviewed. A vertical line in the left Fax Number: 319-291-4297 margin of this document indicates where the author has added and the Contractor: necessary information and where the author has added to or deleted from the original AIA text. This document has important legal Community Electric Inc. consequences. Consultation with an 1510 Falls Avenue Waterloo, Ia 50701 attorney is encouraged with respect Telephone Number: 319-234-2580 to its completion or modification. (Paragraph Deleted) for the following Project: (Paragraph Deleted) FY 2021 Riverfront Stadium Electrical Repair Project 850 Park Rd., Waterloo, Ia 50703 This project consists of replacing damaged electrical switchgear, conduits, and conductors caused by the fire on January 5, 2021. The Engineer: (Paragraph Deleted) MODUS Engineering 214 E 4th Street Waterloo, Ia 50703 Telephone Number: 319-235-0650 The Owner and Contractor agree as follows. The parties should complete A1010 2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A2010 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. Init. 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. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:14:04 ET on 03/11/2021 under Order / No.0594029435 which expires on 01/07/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA32) 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. [ ] 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: AIA Document AIOI® — 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. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:14:04 ET on 03/11/2021 under Order No.0594029435 which expires on 01/07/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA32) Init. (Check one of the following boxes and complete the necessary information) [ ] Not later than ( ) calendar days from the date of commencement of the Work. [ X ] By the following date: May 18, 2021. § 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 One Hundred and Thirty -One Thousand Five Hundred Dollars and Zero Cents ($ 131,500.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum: Item Alt #1 Labor and Materials Price -1,420.00 § 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. (Paragraph Deleted) Item § 4.3 Allowances, if any, included in the Contract Sum: (Paragraph Deleted) Item Price Price Conditions for Acceptance § 4.4 Unit prices, if any: (Paragraph Deleted) Item Units and Limitations Price per Unit ($0.00) Provide a Unit Price for 500 MCM Conductor Linear Foot 15.20 Provide Unit Price for #1/0 Conductor Linear Foot 3.60 § 4.5 Liquidated damages, if any: (Paragraph Deleted) $500/day § 4.6 Other: AIA Document A1010— 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. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:14:04 ET on 03/11/2021 under Order No.0594029435 which expires on 01/07/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA32) • Init. (Paragraph Deleted) 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 15th day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 15th 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 Ownei not later than (30) days after the Architect receives the Application for Payment. (Paragraph Deleted) § 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 A201TM_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. AIA Document A1010 — 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. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:14:04 ET on 03/11/2021 under Order No.0594029435 which expires on 01/07/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA32) Init. I § 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: (Paragraph Deleted) 5% § 5.1.7.1.1 The following items are not subject to retainage: (Paragraph Deleted) § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: (Paragraph Deleted) § 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: (Paragraph Deleted) § 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 foi Payment has been issued by the Architect. § 5.2.2 The Owner's final payment, including retainage to the Contractor, shall be made no later than 30 days after City Council's final acceptance of work, 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. (Paragraph Deleted) % AIA Document A1010— 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. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:14:04 ET on 03/11/2021 under Order No.0594029435 which expires on 01/07/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (389ADA32) Init. 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. (Paragraph Deleted) § 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: (Paragraph Deleted) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 [ X ] Litigation in a court of competent jurisdiction [ ] Other (Specify) 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: (Paragraph Deleted) § 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: (Paragraph Deleted) Travis Nichols, Facilities/Project Mangaer 1101 Campbell Avenue, Waterloo, Ia 50701 Telephone Number. 319-291-4370 Fax Number: Fax Number: 319-291-4297 • 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. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:14:04 ET on 03/11/2021 under Order No.0594029435 which expires on 01/07/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA32) Init. § 8.3 The Contractor's representative: (Paragraph Deleted) Mike L. Palmer, President 1510 Falls Avenue Waterloo, Ia 50701 Telephone Number: 319-234-2580 § 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A101TM- 2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document A 101 TM-2017 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: (Paragraph Deleted) § 8.7 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: . 1 AIA Document A 101TM-2017, Standard Form of Agreement Between Owner and Contractor . 2 AIA Document A101TM-2017, Exhibit A, Insurance and Bonds . 3 AIA Document A201TM-2017, General Conditions of the Contract for Construction . 4 AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Paragraph Deleted) . 5 Drawings Number Title Date E001 Cover Sheet 02/11/2021 E501 Electrical Details 02/11/2021 . 6 Specifications AIA Document A1010 — 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. The "American Institute of Architects," "AIA," the AIA Logo, "Al01," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10:14:04 ET on 03/11/2021 under Order No.0594029435 which expires on 01/07/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA32) Init. Section See attached sections .7 Addenda, if any: Title Date Pages Number Date Pages Addendum #1 02/26/2021 11 Pages Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .8 Other Exhibits: (Paragraph Deleted) [ ] AIA Document E204Tm-2017, Sustainable Projects Exhibit, dated as indicated below: (Paragraph Deleted) [ ] The Sustainability Plan: Title Date Pages [ 1 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 )4201TM. 2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) This Agreement entered into as of the day and year first written above. ® Kellef Yelch/e tJ OWNER (Signature) 3/15/2021 CONTRACTOR (Signature) Quentin M. Hart, City of Waterloo - Mayor & Kelley Felchle, City of Waterloo - City Clerk Mike L. Palmer, President March 11, 2021 (Printed name and title) (Printed name and title) 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. The "American Institute of Architects, "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 10;14:04 ET on 03/11/2021 under Order No.0594029435 which expires on 01107/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyrIght@aia.org. User Notes: (3B9ADA32) PERFORMANCE BOND F.Y. 2021 RIVERFRONT STADIUM ELECTRICAL PROJECT NO. 1046 Bond Number IAC591390 KNOW ALL MEN BY THESE PRESENTS: That we, Community Electric Inc. of Waterloo IA (the "Principal"), and Merchants Bonding Company (Mutual) of West Des Moines IA (the ' Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of One Hundred Thirty-one Thousand Five Hundred & no/100ths Dollars ($ 131 500.00 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated onor about March 15, 2021 for the purpose of FY2021 Riverfront Stadium Electrical Repair . 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 its 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 terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes 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 if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable, In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Performance Bond Page 1 of 2 Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1 To any extension of time to the Contract in which to perform the Contract. • 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on 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 March 16, 2021 • PRINCIPAL SURETY Community Electric, Inc. Name By: Title: Mike L_ Merchants Bonding Company (Mutual) Name By: Attarbcoothocd- palmprf, President Title: Nancy D. Baltutat, Attorney -in -Fact [attach Power of Attorney) f erformance Bond Page 2 of 2 KNOW ALL MEN BY THESE PRESENTS: that Community Electric Inc. (Nome of Contractor) P 0 Box 1198, Waterloo IA 50704 (Address of Contractor) a Corporation (Corporation, Partnership or Individual) and, Merchants Bonding Company (Mutual) (Name of Surety) P 0 box 14498. Des Moines IA 50306 (Address of Surety) PAYMENT BOND F.Y. 2021 RIVERFRONT STADIUM ELECTRICAL PROJECT NO. 1046 Bond Number IAC591390 , hereinafter called Principal, hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) 1101 Campbell Avenue, Waterloo IA (Address of Owner) hereinafter called OWNER, in the penal sum of$131,500.00 Dollars,($ 131 500.00---- ) 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 contractwlththeOWNER,dated the 15th day of March 20 21 , a copy of which is hereto attached and made a part hereof for the construction of: FY2021 Riverfront Stadium Electrical Repair 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 ormodification thereof, including all amountsdueformaterials, 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 agreesthat no change, extension of time, alteration oraddition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in anywise 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 contrast or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in one of 3 counterparts, each which shall be.deemed an original, this the 16th (number) 20 21 , day of March ATTEST: (bandk l rinc pa��r l) Secretary (SEAL) By r� Community Electric, Inc. • Witness as to Principal (Address) ATTEST: ess as to Surety Principal r (s) Mike L. Palmer, president 1510 Falls Avenue (Address) Waterloo, IA 50701 Merchants Bonding Company (Mutual) Surety By , Konica C� -hia4 Attorney -in -Foci Nancy D. Baltutat 4200 University Avenue #200 (Address) 4200 University Avenue #200 (Address) West Des Moines IA 50266 West Des Moines IA 50266 NOTE: Date of BOND must not be prior to dale of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If flti. spYEing)TcludesFederalf.u6d&,the,fo110ngt?bor s,tbthepdyY)rehYfaond IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list(Circular570as amended) and be authorized to transact business in the State where the project is located, STATE OF IOWA COUNTY OF DALLAS ss. On this 3rd day of August 2020 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. MERCHANTS BONDING COMPANY.. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Daniel M Molyneaux; Greg T LaMair; Jeffrey R Baker; Jill Shaffer; Joseph I Schmit; Karen S Hartson; Laura J Adams; Lori S Burroughs; Nancy D Baltutat; Pamela K Mattison; Patrick K Duff their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, t is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this 3rd day of August , 2020 Sg2GOii Rqj ▪ may• ;et :mo;OPP-0gq•9 • ., 2003 (cog :y: 1933 c By J.• y ' • ,..,... `:sac' • • ... ,,'••.....•:quo MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. Presiden POLLY MASON Commission Number 750576 My Commission Expires January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate his instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 16th day of March , 2021 . ScONq `Aft: cP R4t I.i Itl -o- o o cti S`• 2003 ..", POA 0018 (1/20) esasteir Secretary