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HomeMy WebLinkAboutFailor Hurley - Traffic Control Room - Contract - FHC Signed-12-6-2021CONTRACT FOR THE CONSTRUCTION OF TRAFFIC CONTROL ROOM REMODEL Iowa DOT Project Number: STP-U-8155(755)--70-07 City Project Number: TOF-284-R CITY OF WATERLOO, IOWA This contract made and entered into this day of , , by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and fAn..e2A. AL/matt-6'{ Lo,usrgucrrON Contractor), WITNESSETH: of IN A rt12.Gcu , (hereinafter referred to as Contractor agrees to build and construct the TRAFFIC CONTROL ROOM REMODEL and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. Contractor understands, agrees with, and is bound by the terms of Conditions of Contract contained in the Project Manual including the 4 attachments. The total amount of the performance bond, based on the Contractor's total bid prices, and for which 100% surety bond is required is $ 52, E25. °° This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. FitL012. gurtz41 L.}jvvSrre.uc rtatil Contractor BY: 4j Title: cGrA4.t. ✓ icoA.. CITY OF WATERLOO, IOWA Mayor Approved by the City Council of the City of Waterloo, Iowa, on December 6 , 20 21 ATTEST: xey E`frfi� , City Clerk, Waterloo, Iowa CONTRACT IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this kfraday of ofjgccAn363e. , 202. ATTEST: 441444 (Principal) ecretary J/4.1441 k't �iW�e CO (SEAL) (Witness as to Principal) JwSTI I'-% 40L/14-AU S. QM 333 7 /YI4t,vM E A/&. IWt is27uzio, lQ (Address) ATTEST: NA Maegan Ian (SEAL) Surety) Secretary Marty Bennett Witness as to Surety 2727 Grand Prairie Parkway Waukee, IA 50263 (Address) Failor Hurley Construction, Inc. Principal By (s) 3337 Marnie Avenue Waterloo, IA 50701 (Address) North American Specialty Insurance Company Surety orney-in-Fact Cindy Bennett 2727 Grand Prairie Parkway Waukee, IA 50263 (Address) NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. PERFORMANCE BOND • YASMIN A. PATEL OFFICIAL SEAL Notary Public, Stalo of Illinois My Commission Expires May 28, 2023 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri and Westport Insurance Corporation, prganized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, IMIissouri, each does hereby make constitute and appoint: JAY D. FREIERMUTH, CRAIG E. HANSEN, BRIAN M. DEIMERLY, CINDY BENNETT, ANNE CROWNER, TIM McCULLOH, STACY VENN, DIONE R. YOUNG, WENDY A. LEWIS, STACIE CHRISTENSEN and SETH ROOKER JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or othei writings obligatory in the nature of a bond on behalf' of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of' the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attoiney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." By Steven P. Anderson, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice PresidentofWestport Insurance Corporation By Erik Janssens, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vicc President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 24th day of NOVEMBER , 20 21 , State of Illinois County of Cook ss: North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation On this 24th day of' NOVEMBER , 20 21, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Erik Janssens Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. Yasmin A. Patel, Notary I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of , Jeffrey Goldberg, Senior Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation ACORD" FAILO-1 CERTIFICATE OF LIABILITY INSURANCE OP ID: KH DATE (MM/DD/YYYY) 12/29/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 The Sinnott Agency, Inc. 622 W 4th St., PO Box 1918 Wate loo, IA 50704 Daniel Sinnott 319-233-6103 NAMEACT PHONE 319-233.6103 (A/C No, Ext): E-MAILSS: janant@sinnottagency.com INSURER(S) AFFORDING COVERAGE INSURER A: Nationwide Insurance FAX No):319-234-8133 NAIL S HURLEY CONSTRUCTION 3337 MARNIE AVE WATERLOO, IA 50701 INSURER B : NAUTILUS INSURANCE COMPANY NSURER C INSURER D INSURER E : INSURER F : • ION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE AWL JNSD SUER WVD POLICY NUMBER POLICY EFF /MM/DD/YYYYI POLICY EXP (MM/DD/YY'-YI LIMITS A X COMMERCIAL GENERAL LIABILITY 06/04/2021 06/04/2022 EACH OCCURRENCE $ 1,000,000 DAMAGETORENTED DAMAG $ 100,000 CLAIMS -MADE X OCCUR X ACPGLD07142740029 ET (Ea occurrence) MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 11066'660 GENERAL AGGREGATE $ 2,000,060 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PE(° 1 LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY 06/04/2021 06/04/2022 LIMIT $ 1,690,600 (EOMMBICNdEeDtSINGLE ) BODILY INJURY (Per person) X ANY AUTO ACPBA7142740029 BODILY INJURY (Per accident) _$ $ OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY DAMAGE (Per accident) $ HIRED AUTOS ONLY NON AUTOS -OWNED ONLY $ A X UMBRELLA LIAB X OCCUR 06/04/2021 06/04/2022 EACH OCCURRENCE 5,000,000 AGGREGATE _$ $ 5,000,000 X EXCESS LIAB CLAIMS -MADE ACPCAA7142740029 $ DED RETENT ON $ A WORKERS AND EMPLOYERS' COMPENSATION LIABILITY Y/N ACPWCD7142740029 06/04/2021 06/04/2022 X PERTUTE ER1 ER E.L. EACH ACCIDENT 1,000,000 $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEnggBEEi)R EXCLUDED? rN N/A E.L. DISEASE - EA EMPLOYEE 1,DDD,DD9 $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT 1,000,000 $ 10/10/2021 10/10/2022 PROF POLLUTION 1,000,000 1,000,000 B PROF/POLLUTION PCADN5015637-1021 DESCRIPTION WHEN OF REQUIRED OPERATIONS / LOCATIONS IN WRITTEN / VEHICLES CONTRACT: (ACORD 101, Additional Remarks Schedule, may be attached If mo a space Is requi ed) ADDITIONAL INSURED UNDER THE GENERAL LIABILITY POLICY CITY PROJECT PER CG7323. #TOF-284 R - TRAFFIC CONTROL ROOM REMODEL .._........-.. _ ...-__ CITYOFW CITY OF WATERLOO SHOULD ANY THE EXPIRATION ACCORDANCE OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE DATE THEREOF, NOTICE WILL BE DELIVERED IN WITH THE POLICY PROVISIONS, 715 MULBERRY ST WATERLOO, IA 50703 AUTHORIZED c4 REPRESENTATIVE �p M1� gin Nb-(A ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Bond No. 2327936 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Failor Hurley Construction, Inc. (Name of Contractor) 3337 Marnie Avenue, Waterloo, IA 50701 a (Address of Contractor) Corporation , hereinafter called Principal, and (Corporation, Partnership, or Individual) North American Specialty Insurance Company (Name of Surety) 1200 Main Street, Suite 800, Kansas City, MO 64105 (Address of Surety) hereinafter called Surety, are held and firmly bound unto: City of Waterloo, lowa (Name of Owner) 715 Mulberry Street, waterloo, Iowa 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of Fifty Two Thousand Eight Hundred Twenty Five & No/100 ($ 52,825.00 ) 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 this c • A day of O`criniL , 20Z 4 , a copy of which is hereto attached and made a part hereof for the construction of: CITY OF WATERLOO TRAFFIC CONTROL ROOM REMODEL, Waterloo, Iowa. Now, therefore, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the SURETY and during the two (2) year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, 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 WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in anyway 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 the other beneficiary hereunder, whose claim may be unsatisfied. PERFORMANCE BOND