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HomeMy WebLinkAboutPeters Construction Corporation-Contractor Agreement- # AIA Document A101 TM - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the seventeenth day of November in the year two thousand nine (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) City of Waterloo, Dept. of Leisure Services This document has important legal 1101 Campbell Avenue consequences.Consultation with Waterloo, Iowa 50703 an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM-2007, General Conditions of the Contract for Construction,is and the Contractor: adopted in this document by (Name, address and other information) reference. Do not use with other Peters Construction Corporation general conditions unless this 901 Black Hawk Road document is modified. Waterloo, Iowa 50701 for the following Project: (Name, location, and detailed description) 2009 Waterloo Boat House Project Bound by: Cedar River and Park Road The Architect: (Name, address and other information) AHTS Architects, P.L.C. 327 E. 4th Street, Ste. 204 Waterloo, Iowa 50703 The Owner and Contractor agree as follows. Init. AIA Document A101 TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale 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. Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. 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 10 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 the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If,prior to the commencement of the Work,the Owner requires time to file mortgages and other security interests,the Owner's time requirement shall be as follows: §3.2 The Contract Time shall be measured from the date of commencement. Init. AIA Document A101 TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( )days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Final completion shall be no later than May 31 , 2010. , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) 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 eight hundred forty-two thousand three hundred tweny Dollars($ 842,320.00 ),subject to additions and deductions as provided in the Contract Documents. §4.2 The Contract Sum is based upon the following alternates,if any, which are described in the Contract Documents and are hereby accepted by the Owner: Alt. #1 : ADD $10,000.00 (State the numbers or other identification of accepted alternates.If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) §4.3 Unit prices,if any: (Identify and state the unit price;state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit 4" concrete paving & base Sq. Ft. $5.50 Remove unacceptable soil & replace with engineered backfill Cubic Yards $50.00 §4.4 Allowances included in the Contract Sum,if any: (Identify allowance and state exclusions, if any,from the allowance price.) Item Price Signage $7,500.00 Mechanical/HVAC $5,000.00 Electrical $5,000.00 Telephone/Electrical $6,000.00 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. Init. AIA Document A101 TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA5 Document is protected by U.S.Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AlA®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.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. §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 first ( 1 st )day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the fifteenth ( 15th )day of the ( same )month.If an Application for Payment is received by the Architect after the application date fixed above,payment 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,unless objected to by the Architect,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 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of five percent( 5 %).Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201TM-2007, General Conditions of the Contract for Construction; .2 Add 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),less retainage of five percent( 5 %); .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. §5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims;and (Section 9.8.5 of AIA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add,if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. §5.1.8 Reduction or limitation of retainage,if any,shall be as follows: (If it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above,and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) Init. AIA Document A101TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlA®Document is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AlA®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.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. §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 Section 12.2.2 of AIA Document A201-2007,and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. §5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: ARTICLE 6 DISPUTE RESOLUTION §6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007,unless the parties appoint below another individual,not a party to this Agreement,to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) §6.2 BINDING DISPUTE RESOLUTION For any Claim subject to,but not resolved by,mediation pursuant to Section 15.3 of AIA Document A201-2007,the method of binding dispute resolution shall be as follows: (Check the appropriate box.If the Owner and Contractor do not select a method of binding dispute resolution below, 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.) ❑ Arbitration pursuant to Section 15.4 of AIA Document A201-2007 ❑ Litigation in a court of competent jurisdiction ❑ Other(Specify) 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 A201-2007. §7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. Init. AIA Document A101 N—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. ARTICLE 8 MISCELLANEOUS PROVISIONS §8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §8.2 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.) §8.3 The Owner's representative: (Name, address and other information) Rick Curran City of Waterloo, Dept. of Leisure Services 1101 Campbell Avenue Waterloo, Iowa 50703 §8.4 The Contractor's representative: (Name address and other information) Dan Beagle Peters Construction Corporation 901 Black Hawk Road Waterloo, Iowa 50701 §8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. §8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS §9.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated in the sections below. §9.1.1 The Agreement is this executed AIA Document A101-2007,Standard Form of Agreement Between Owner and Contractor. §9.1.2 The General Conditions are AIA Document A201-2007,General Conditions of the Contract for Construction. §9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages §9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages Please refer to 2009 Waterloo Boat House Project project manual dated August 2009. Init. AIA Document A101 TM"-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this Ale 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.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. §9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date See attachment. §9.1.6 The Addenda,if any: Number Date Pages #1 10/13/09 13 #2 10/15/09 4 #3 10/16/09 4 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. §9.1.7 Additional documents, if any,forming part of the Contract Documents: .1 AIA Document E201TM-2007,Digital Data Protocol Exhibit,if completed by the parties,or the following: .2 Other documents,if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents.AIA Document A201- 2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201-2007.) This Agreement entered into as of the day and year first written above. eakt_Thica_ OWNER(Signature) CONTRACTOR(Signature) Mayor Deputy City Clerk A r (Printed Tie d ti l) Ca ('' l�!►�e and title) CAI EN:You s ould sign any igmal AIA Contract Document,on Raicheth1NtRf plieasrn til n original assures that changes will not be obscured. Init. AIA Document A101 TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963, 1967,1974,1977,1980,1987,1991,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this AlA®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.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. Attachment for §9.1.5 The Drawings AO Title Page Al Site Plan A2.1 First Floor Plan A2.2 Second Floor Plan A2.3 Roof Plan A3.1 First Floor Reflected Ceiling Plan A3.2 Second Floor Reflected Ceil ng Plan A4.1 North and South Exterior Elevations A4.2 East and West Exterior Elevations A5.1 Building Sections A5.2 Building Sections A6 Interior Elevations A7 Schedules-Window, Door, Finish A8 Details Sl.0 Footing and Foundation Plan S1.1 Second Floor Framing Plan Sl .2 Main Roof Framing Plan S2.0 Wall Sections S2.1 Wall Sections& Details ME001 Symbols,Seals M100 1st Floor Piping Plan M101 2nd Floor Piping Plan M200 2nd Floor HVAC Plan M300 Mechanical Details&Schedules E100 1st Floor Power Plan E101 2nd Floor Power Plan E200 1st Floor Lighting Plan E201 2nd Floor Lighting Plan E300 Electrical Schedules& Riser ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MMIDD/YYYY) PETER-6 11/13/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PDCM Insurance HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 2597 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Waterloo IA 50704 Phone: 319-234-8888 Fax:319-234-7702 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Allied Insurance INSURER B: Peters Construction Corp. INSURER C: 901 Black Hawk Rd. PO Box 2940 INSURER D: Waterloo IA 50704 INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSF<AUD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRC TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X X COMMERCIAL GENERAL LIABILITY ACP7151614460 08/01/09 08/01/10 PREMISES(Eatoccurence) $ 100,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 X Per Project.Aggre GENERAL AGGREGATE. $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY PRO- JECT LOC AUTOMOBILE LIABILITY A X ANY AUTO ACPBA7151614460 08/01/09 08/01/10 COMBINED SINGLE LIMIT $ 1 000 CO accident) r ,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $10,000,000 A X OCCUR I CLAIMS MADEACPCAA7151614460 08/01/09 08/01/10 AGGREGATE $10,000,000 DEDUCTIBLE $ X RETENTION $0 $ WORKERS COMPENSATION AND X TOY LIMITS ER EMPLOYERS'A 01 ACPWC7151614460 08 ANY PROPRIETOR/PARTNER/EXECUTIVE / /09 08/01/10 E.L.EACH ACCIDENT $500000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $500000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $500000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: 2009 Waterloo Boat House Project City of Waterloo and AHTS Architects are named as additional insured under general liability with respect to the above mentioned project. CERTIFICATE HOLDER CANCELLATION WTC 1004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Waterloo IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Leisure Services 1101 Campbell Ave. REPRESENTATIVES. Waterloo IA 50703 AUTHORIZ EP SENTAT4;96(4- ACORD 25(2001/08) ©ACORD CORPORATION 1988 I p�^` `"� rt THE AMERICAN INSTITUTE OF ARCHITECTS Bond Number 54-177745 AM Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Peters Constructon Corporation United Fire & Casualty Company P 0 Box 2940 118 Second Avenue SE Waterloo IA 50704 Cedar Rapids IA 52401 OWNER (Name and Address): City of Waterloo 715 Mulberry Street Waterloo IA 50703 CONSTRUCTION CONTRACT Date: November 17, 2009 Amount: Eight Hundred Forty-two Thousand Three Hundred Twenty& no/100ths($842,320.00) Description (Name and Location): 2009 Waterloo Boat House project, Cedar River Park BOND Date (Not earlier than Construction Contract Date): November 17, 2009 Amount: Eight Hundred Forty-two Thousand Three Hundred Twenty& no/100ths($842,320.00) Modifications to this Bond: ( None El See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: Peters Construction (Corporate Seal) Company:United Fire & Casualty (Corporate Seal) Corporation Company Signature: Signature: 1 _ 0_1} `)-, Name and Title: 'David S. Peters, President Name and Title:N he . Sch arz, ( ttorneir-in-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or LaMair-Mulock-Condon Co. other party): 4200 University Avenue #200 West Des Moines IA 50266 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 1 1 The Contractor and the Surety,jointly and severally,bind .1 After investigation, determine the amount for themselves, their heirs, executors, administrators, succes- which it may be liable to the Owner and,as soon as sors and assigns to the Owner for the performance of the practible after the amount is determined, tender Construction Contract, which is incorporated herein by payment therefor to the Owner; or reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract,the Owner citing reasons therefor. Surety and the Contractor shall have no obligation under this 5 If the Surety does not proceed as provided in Paragraph 4 Bond, except to participate in conferences as provided in with reasonable promptness,the Surety shall be deemed to Subparagraph 3.1. be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety 3 If there is no Owner Default,the Surety's obligation under demanding that the Surety perform its obligations under this this Bond shall arise after: Bond,and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in 3.1 The Owner has notified the Contractor and the Subparagraph 4.4, and the Owner refuses the payment Surety at its address described in Paragraph 10 below that tendered or the Surety has denied liability,in whole or in part, the Owner is considering declaring a Contractor Default without further notice the Owner shall be entitled to enforce and has requested and attempted to arrange a conference any remedy available to the Owner. with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss 6 After the Owner has terminated the Contractor's right to methods of performing the Construction Contract. If the complete the Construction Contract,and if the Surety elects Owner,the Contractor and the Surety agree,the Contrac- to act under Subparagraph 4.1, 4.2, or 4.3 above, then the tor shall be allowed a reasonable time to perform the responsibilities of the Surety to the Owner shall not be Construction Contract, but such an agreement shall not greater than those of the Contractor under the Construction waive the Owner's right,if any,subsequently to declare a Contract,and the responsibilities of the Owner to the Surety Contractor Default; and shall not be greater than those of the Owner under the 3.2 The Owner has declared a Contractor Default and Construction Contract. To the limit of the amount of this formally terminated the Contractor's right to complete the Bond, but subject to commitment by the Owner of the contract. Such Contractor Default shall not be declared Balance of the Contract Price to mitigation of costs and earlier than twenty days after the Contractor and the damages on the Construction Contract, the Surety is ob- Surety have received notice as provided in Subparagraph ligated without duplication for: 3.1; and 6.1 The responsibilities of the Contractor for correction 3.3 The Owner has agreed to pay the Balance of the of defective work and completion of the Construction Contract Price to the Surety in accordance with the terms Contract; of the Construction Contract or to a contractor selected to 6.2 Additional legal,design professional and delay costs perform the Construction Contract in accordance with the resulting from the Contractor's Default, and resulting terms of the contract with the Owner. from the actions or failure to act of the Surety under 4 When the Owner has satisfied the conditions of Para- Paragraph 4; and graph 3,the Surety shall promptly and at the Surety's expense 6.3 Liquidated damages,or if no liquidated damages are take one of the following actions: specified in the Construction Contract, actual damages 4.1 Arrange for the Contractor, with consent of the caused by delayed performance or non-performance of Owner, to perform and complete the Construction Con- the Contractor. tract; or 7 The Surety shall not be liable to the Owner or others for 4.2 Undertake to perform and complete the Construc- obligations of the Contractor that are unrelated to the tion Contract itself, through its agents or through inde- Construction Contract,and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this 4.3 Obtain bids or negotiated proposals from qualified Bond to any person or entity other than the Owner or its contractors acceptable to the Owner for a contract for heirs,executors,administrators or successors. performance and completion of the Construction Con- tract,arrange for a contract to be prepared for execution 8 The Surety hereby waives notice of any change,including by the Owner and the contractor selected with the Own changes of time, to the Construction Contract or to related er's concurrence, to be secured with performance and subcontracts, purchase orders and other obligations. payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in 9 Any proceeding,legal or equitable, under this Bond may Paragraph 6 in excess of the Balance of the Contract Price be instituted in any court of competent jurisdiction in the incurred by the Owner resulting from the Contractor's location in which the work or part of the work is located and default; or shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or 4.4 Waive its right to perform and complete,arrange for within two years after the Surety refuses or fails to perform its completion, or obtain a new contractor and with rea- obligations under this Bond, whichever occurs first. If the sonable promptness under the circumstances: provisions of this Paragraph are void or prohibited by law,the AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • A1A ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 2 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re be mailed or delivered to the address shown on the sig- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- nature page. tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has 12.1 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the Con- payable by the Owner to the Contractor under the tractor as required by the Construction Contract or to Construction Contract after all proper adjustments perform and complete or comply with the other terms thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 17.35 NEW YORK AVE., N.W., WASHINGTON, D.C, 20006 A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS _3 Bond Number54-177745 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Peters Constructon Corporation United Fire & Casualty Company P 0 Box 2940 118 Second Avenue SE Waterloo IA 50704 Cedar Rapids IA 52401 OWNER (Name and Address): City of Waterloo 715 Mulberry Street Waterloo IA 50703 CONSTRUCTION CONTRACT Date November 17, 2009 Amount: Eight Hundred Forty-two Thousand Three Hundred Twenty& no/100ths($842,320.00) Description (Name and Location): 2009 Waterloo Boat House project, Cedar River Park BOND Date (Not earlier than Construction Contract Date): November 17, 2009 Amount:Eight Hundred Forty-two Thousand Three Hundred Twenty& no/100ths($842,320.00) Modifications to this Bond: ❑ None 051 See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: Peters Construction (Corporate Seal) Company:United Fire & Casualty (Corporate Seal) Corporation Comp?, Signature: Signature: rc+R r `e.L.t; Name and Title: David S. Peters, President Name and Title:Na tcyp. Schwarz, ttorney in-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or LaMair-Mulock-Condon Co. other party): 4200 University Avenue #200 West Des Moines IA 50266 AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA a THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W„WASHINGTON, D.C. 20006 A312-1984 4 Section 6 is Amended - See AIA Bond Page 6 1 The Contractor and the Surety, jointly and severally, 6 finktH/1Nt'dtl/y,ffiit rW ON;r, AAy, /AWia il nfira- bind themselves, their heirs, executors, administrators, / 0b(/1'(/,khi,E;!/, [/t�if4//g�(kfYV/'�fHfff�lt'l�j�/idh(tf/ /t'Wd eEtij/ilex- successors and assigns to the Owner to pay for labor, fg i, /,(3(l/e/r(litefiyr, /{t'yg/ ,yyii//// materials and equipment furnished for use in the p erfor 6 1 HigrI4/✓{d8Wigf/tiil4///�����lrlA44/,/W /�/�/�INWIhe mance of the Construction Contract,which is incorporated herein by reference. I0001140/00Nf ,41NN W NYAVAV IIM O'111'M1> ng 2 With respect to the Owner,this obligation shall be null tfilltyryyg/, /a'>h'/;M,INNf MA,gO// 0f0d• and void if the Contractor: 6.2 la/yl,6MlitfV>rgt/ASAl , >yl OWldf/Wl,Uffi1tY00d 2.1 Promptly makes payment, directly or indirectly, // 0,4111,ts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from all claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity who furnished labor, materials or equipment for use in the performance of the Construc $ Amounts owed by the Owner to the Contractor under tion Contract, provided the Owner has promptly noti- the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims,if fied the Contractor and the Surety (at the address de- scribed in Paragraph 12) of any claims, demands, liens any, under any Construction Performance Bond. By the or suits and tendered defense of such claims,demands, Contractor furnishing and the Owner accepting this Bond, liens or suits to the Contractor and the Surety, and they agree that all funds earned by the Contractor in the provided there is no Owner Default. performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under 3 With respect to Claimants, this obligation shall be null this Bond, subject to the Owner's priority to use the funds and void if the Contractor promptly makes payment, di- for the completion of the work. rectly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants under or others for obligations of the Contractor that are unrelat- this Bond until: ed to the Construction Contract. The Owner shall not be 4.1 Claimants who are employed by or have a direct liable for payment of any costs or expenses of any Claimant contract man the Contractor oyeiven notice to the under this Bond,and shall have under this Bond no obliga- Surety (at the address described in Paragraph 12) and tions to make payments to, give notices on behalf of, or sent a copy,or notice thereof,to the Owner,stating that otherwise have obligations to Claimants under this Bond. a claim is being made under this Bond and, with sub- 10 The Surety hereby waives notice of any change,includ- stantial accuracy, the amount of the claim. ing changes of time, to the Construction Contract or to 4.2 Claimants who do not have a direct contract with related subcontracts, purchase orders and other obliga- the Contractor: tions. .1 Have furnished written notice to the 11 No suit or action shall be commenced by a Claimant tractor and sent a or notice Con- under this Bond other than in a court of competent jurisdic- tra orO and 90 copy, or after thereof,ieg lastto tion in the location in which the work or part of the work is performed labor within 0 havin or located or after the expiration of one year from the date(1) performed l bar or lastin furnishedthn claim materialsstating, with on which the Claimant gave the notice required by Sub- equipment inludd the of theclaim paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last substantialthn name accuracy,o the partyhe amountto owhom the mate-m labor or service was performed by anyone or the last mate- andrials were furnished or supplied or for whom rials or equipment were furnished by anyone under the the labor was done or performed; and Construction Contract, whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by .2 Have either received a rejection in whole or in law,the minimum period of limitation available to sureties part from the Contractor,or not received with- as a defense in the jurisdiction of the suit shall be applica- in 30 days of furnishing the above notice any ble. communication from the Contractor by which 12 Notice to the Surety,the Owner or the Contractor shall the Contractor has indicated the claim will be be mailed or delivered to the address shown on the sig- paid directly or indirectly; and nature page.Actual receipt bf notice by Surety, the Owner .3 Not having been paid within the above 30 days, or the Contractor, however accomplished, shall be suffi- have sent a written notice to the Surety(at the cient compliance as of the date received at the address address described in Paragraph 12) and sent a shown on the signature page. copy, or notice thereof, to the Owner, stating 13 When this Bond has been furnished to comply with a that a claim is being made under this Bond and statutory or other legal requirement in the location where enclosing a copy of the previous written notice the construction was to be performed,any provision in this furnished to the Contractor. Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the Owner shall be deemed deleted herefrom and provisions con- to the Contractor or to the Surety, that is sufficient compli- forming to such statutory or other legal requirement shall ance. be deemed incorporated herein. The intent is that this AiA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1964 ED. •AIA n THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW PORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 5 14 Upon request by any person or entity appearing to be a required for performance of the work of the Contractor and potential beneficiary of this Bond,the Contractor shall promptly the Contractor's subcontractors,and ail other items for which furnish a copy of this Bond or shall permit a copy to be made. a mechanic's lien may be asserted in the jurisdiction where 15 DEFINITIONS the labor, materials or equipment were furnished. 15.1 Claimant:An individual or entity having adirecf contract 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page,with the Contractor or with a subcontractor o�F the Contractor including all Contract Documents and changes thereto. to furnish labor, materials or equipment for use in the per- formance of the Contract.The intent of this Bond shall be to 15.3 Owner Default: Failure of the Owner,which has neither include without limitation in the terms "labor, materials or been remedied nor waived,to pay the Contractor as required equipment' that part of water, gas, power, light, heat, oil, by the Construction Contract or to perform and complete or gasoline, telephone service or rental equipment used in the comply with the other terms thereof. Construction Contract,architectural and engineering services MODIFICATIONS TO THE BOND ARE AS FOLLOWS: Paragraph 6 is deleted in its entirety and the following is substituted in its place: 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety,the Surety shall,within a reasonable period of time, notify the Claimant of the amounts that are undis- puted and the basis for challenging any amounts that are disputed, including,but not limited to,the lack of substantiating documenta- tion to support the claim as to entitlement or amount,and the Surety shall,within a reasonable period of time, pay or make arrange- ments for payment of any undisputed amount; provided, however,that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to,or right to dis- pute, such claim. Rather,the Claimant shall have the immediate right,without further notice,to bring suit against the Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BONDS DECEMBER 1984 ED.a AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,Nr.W.,WASHINGTON,D.C.20006 A312-1984 6 THIRD PRINTING•MARCH 1987 UNITED FIRE& CASUALTY COMPANY HOME OFFICE -CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company- See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint F. MELVYN HRUBETZ, OR GREG T. LA MAIR, OR JOYCE 0. HERBERT, OR NANCY D. SCHWARZ, OR MARK E. KEAIRNES, OR PATRICK K. DUFF, OR JEFFREY R. BAKER, OR JOSEPH I SCHMIT, ALL INDIVIDUALLY of WEST DES MOINES IA its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,undertakings and other obligatory instruments of similar nature as follows: Any and Al 1 Bonds and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY. This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by Board of Directors of the Company on April 18, 1973. "Article V-Surety Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys-in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. �t�t��!!,!rl,,, � IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by * 'Stir,,, its vice president and its corporate seal to be hereto affixed this 2nd day of Apr 1 , 2007 �oJ1 CORPORATE Et UNITED FIRE & CASUALTY COMPANY SEAL : By State of Iowa, County of Linn, ss: On 2nd dayof Apr 1 , 2007, before me Vice President p personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation 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. t�, Mary A.Jansen Iowa Notarial Seal *l/)C/ 1 Commission number owe 713273 My Commission Expires 10/26/10 Notary Public I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. szto".tritit,,,. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company `k �! this 17th day of November 20 09. �L9 CORPORATE V :a G� SEAL Vltilltttte Secretary BP0A00190706 4 t .i r.