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HomeMy WebLinkAboutCONTRACT - PRAIRIE CONSTRUCTION CO INC - RESOLUTION 2008-355 .S- S—� S' a-0o8'-35s $AIi-V Document A101 TM - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum I AGREEMENT made as of the Twenty-eight day of April in the year Two thousand eight (In words, indicate day,month and year) BETWEEN the Owner: (Name,address and other information) This document has important City of Waterloo legal consequences. 715 Mulberry St. Consultation with an attorney Waterloo,Iowa 50703 is encouraged with respect to Telephone Number: (319)291-4490 its completion or modification. AIA Document A201 TM-2007, and the Contractor: General Conditions of the (Name, address and other information) Contract for Construction, is adopted in this document by reference. Do not use with other Prairie Construction Co.Inc. general conditions unless this 321 W 18th Street document is modified. PO Box 626 Waterloo,IA 50704 Telephone Number: 319.233.2669 Fax Number: 319.234.4458 for the following Project: (Name, location, and detailed description) 06109-Public Market Building West 3rd Street and Bluff Street Waterloo,IA 50701 The Architect: (Name,address and other information) InVision Architecture 531 Commercial#900 Waterloo,IA Telephone Number: 319.233.8419 Fax Number: 319.233.8419 The Owner and Contractor agree as follows. AIA Document A101 TM-2007.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:51:27 on 04/28/2008 under Order No.1000325916_1 which expires on 10/14/2008,and is not for resale. User Notes: (101568933) 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.) IThe commencement 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. §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.) AIA Document A101 TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING:This AlA® 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. This document was produced by AIA software at 15:51:27 on 04/28/2008 under Order No.1000325916_1 which expires on 10/14/2008,and is not for resale. User Notes: (101568933) The Contractor shall achieve Substantial Completion of the entire Work not later than August 21,2008 Portion of Work Substantial Completion Date 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.) If the work is not completed within the specified contract period,plus authorized extensions,the contractor shall pay to the City,liquidated damages in the amount of five hundred dollars($500)per day,for each day,as further described herein,in excess of authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does,or could have worked,from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days,Sunday if no work is done,and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved changed/extra work orders. ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be ($ ),Seven Hundred eighty three thousand two hundred seventy four and 00/100 ($783,274.00),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: (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.) Alternate No. 1 - Add painting roof area components different colors. Roof structure except decking in one color, roof deck is another and ductwork is a third color. Alternate No.2—Add painting of interior surface of exterior walls in Sales Area 102. §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 Roof deck removal,repair and 30 sf $157.00 replacement-per additional 30 square foot §4.4 Allowances included in the Contract Sum,if any: (Identify allowance and state exclusions, if any,from the allowance price.) Item Price 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: AIA Document A101TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING:This AlA® Document is protected by U.S.Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be / prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:51:27 on 04/28/2008 under Order No.1000325916_1 which expires on 10/14/2008,and is not for resale. User Notes: (101568933) §5.1.3 Provided that an Application for Payment is received by the Architect not later than the Thirty-first day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the Tenth day of the following 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 ( 5.00% ).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 A201 TM-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 ( 5.00% ); .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.) §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. AIA Document A101TM-2007.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AIA® Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:51:27 on 04/28/2008 under Order No.1000325916_1 which expires on 10/14/2008,and is not for resale. User Notes: (101568933) • §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 MA 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.) [ J Arbitration pursuant to Section 15.4 of MA 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. 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.) per annum §8.3 The Owner's representative: (Name,address and other information) Init. AIA Document A101TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 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. 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. This document was produced by AIA software at 15:51:27 on 04/28/2008 under Order No.1000325916_1 which expires on 10/14/2008,and is not for resale. User Notes: (101568933) Jamie Knutson 715 Mulberry St. Waterloo,Iowa 50703 §8.4 The Contractor's representative: (Name,address and other information) Mike Christiason 321 W 18th Street PO Box 626 Waterloo,IA 50704 §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 A 101-2007,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 0 Procurement 3/11/2008 63 requirements 1 Summary,Price and 3/11/2008 35 Payment Procedures, Administrative requirements,Quality Requirements, Temporary Facilities and Controls,Product requirements,Execution and closeout requirements 2 Demolition 3/11/2008 3 3 Concrete 3/11/2008 8 4 Masonry 3/11/2008 3 5 Metals 3/11/2008 8 AIA Document A101 TM-2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The Alit. American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties. 6 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. This document was produced by AIA software at 15:51:27 on 04/28/2008 under Order No.1000325916_1 which expires on 10/14/2008,and is not for resale. User Notes: (101568933) 6 Wood,Plastics and 3/11/2008 3 Composites 7 Thermal and Moisture 3/11/2008 11 Protection 8 Openings 3/11/2008 24 9 Finishes 3/11/2008 13 10 Specialties 3/11/2008 7 22 Plumbing 3/11/2008 42 23 HVAC 3/11/2008 54 26 Electrical. 3/11/2008 58 27 Communications 3/11/2008 9 31 Earthwork 3/11/2008 5 32 Exterior Improvements 3/11/2008 5 §9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date A1.0 Title Sheet/Site 3/13/2008 Plan/Details Al.1 Code Review/Wall 3/13/2008 Types/Openings/Details A2.0 Structural Review 3/13/2008 A2.1 Floor Plan/Buildings 3/13/2008 Section/Enlarged Toilet Floor Plan A3.0 Roof Plan/Exterior 3/13/2008 Elevations/Details A4.0 Wall Sections/Details 3/13/2008 A6.0 Interior 3/13/2008 Elevations/RCP/Finishes/ Details A7.0 Demolition Plans 3/13/2008 S0.1 Structural Notes 3/12/2008 S1.1 Foundation/Roof 3/12/2008 Framing Plan S7.1 Foundation Details 3/12/2008 S7.2 Framing Details 3/12/2008 ME1 Mechanical/Electrical 3/10/2008 Symbols List ME2 Demolition Plan 3/10/2008 M3 Underfloor Plumbing 3/10/2008 Plan M4 Ceiling Piping Plan 3/10/2008 M5 HVAC 3/10/2008 M6 Details 3/10/2008 E2 Power Plan 3/10/2008 E3 Lighting Plan 3/10/2008 E4 Lighting Schedule ' 3/10/2008 E5 Details 3/10/2008 §9.1.6 The Addenda,if any: Number Date Pages 1 2 4/4/2008 52 4/10/2008 2 AIA Document A101 TM-2007.Copyright ©1915.1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING:This AlA® Document is protected by U.S.Copyright Law and International Treaties. 7 Unauthorized reproduction or distribution of this AlA®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. This document was produced by AIA software at 15:51:27 on 04/28/2008 under Order No.1000325916_1 which expires on 10/14/2008,and is not for resale. User Notes: (101568933) 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.) Contractor's Bid dated April 14,2008 Performance and Payment Bond 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.) Type of insurance or bond Limit of liability or bond amount($0.00) See Specification Section 007300— Supplementary Conditions for liability insurance requirements. This Agreement entered into as of the day and year first written above. OWNER(Signature) CONTRA (Signature) i h') dtk /e T d Mike Christiason (Printed name and title)) (Printed name and title) AIA Document A101TM-2007.Copyright ©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The Init. American Institute of Architects. All rights reserved. WARNING:This AlA® Document is protected by U.S.Copyright Law and International Treaties. 8 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. This document was produced by AIA software at 15:51:27 on 04/28/2008 under Order No.1000325916_1 which expires on 10/14/2008,and is not for resale. User Notes: (101568933) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I,Michael Broshar,FAIA, hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with this certification at 15:51:27 on 04/28/2008 under Order No. 1 0003 259 1 6_1 from MA Contract Documents software and that in preparing the attached final document I made no changes to the original text of MA®Document A101 TM—2007-Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum,as published by the AIA in its software,other than changes shown in the attached final document by underscoring added text and striking over deleted text. )2/11?-614\d's---.. (Signed) (Title) i OQj (Dated) AIA Document D401TM—2003.Copyright©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING:This AlA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA® Document,or any portion of it, 1 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:51:27 on 04/28/2008 under Order No.1000325916_1 which expires on 10/14/2008,and is not for resale. User Notes: (101568933) REVISED FORM OF BID OR PROPOSAL PUBLIC MARKET BUILDING CONTRACT NO. 738 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of Iowa , a Est eertststtrrg o## re#olfowitig-partners: , having familiarized (hiraseW) (themselves)-(itselr) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by Craig Ritland Landscape Architects and now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this PUBLIC MARKET BUILDING, City Contract No. 738, all in accordance with the above-listed documents and for the bid bid and alternates. BASE BID A. Having examined the Place of The Work and all matters referred to in the Instructions to Bidders and the Contract Documents prepared byCraig Ritland Landscape Architect, INVISION Architecture, JP-SE and Gilmor and Doyle for the above mentioned project, we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Base Bid listed in this bid form of: B. Seven hundred seventy-nine thousand and no/100 dollars ($ 779,000.00 ), in lawful money of the United States of America. C. We have included the required security deposit as required by the Instruction to Bidders. ALTERNATES A. ALTERNATE BID NO. 1 Add Painting roof area componets different collors. Roof structure except decking in one color, roof deck is another and ductwork is a third color. 1. ADD One thousand four hundred forty-three and no/100 dollars. ($ 1,443.00 ), in lawful money of the United States of America. B. ALTERNATE BID NO. 2 Add painting of interior surface of exterior walls in Sales Area 102. 1. ADD Two thousand eight hundred thirty-one & no/l00 dollars. ($ 2,831.00 ), in lawful money of the United States of America. UNIT PRICES A. The following are Unit Prices for specific portions of the Work as listed. The following is the list of Unit Prices: B. ITEM DESCRIPTION - UNIT QUANTITY - UNIT PRICE CONTRACT NO. 738 Page 1 of 3 BP-1 Public Market Building Addendum 1 C. UNIT PRICE NUMBER ONE: Roof deck removal, repair and replacement - per additional 30 square foot- $ 15 7.00 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reseved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of 5% Five percent Dollars ($ 5% ) in the form of bid bond , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non-Collusion Affidavit of Prime Contractor. 6. The bidder is prepared to submit a financial and experience statement upon request. 7. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 8. The bidder has received the following Addendum or Addenda: Addendum No. 1 Date 4-04-03 2 4-10-03 9. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non- Collusion Affidavits of All Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. CONTRACT NO. 738 Page 2 of 3 BP-2 Public Market Building Addendum 1 10. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none"or"NA". 11. The bidder has attached all applicable forms. 12. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. Prairie Construction Co. , Inc. 4/14/08 (Name of Bidder) (Date) BY: i' A' (, Ati Title: President Michael L. Christiason Official Address: (Including Zip Code): P.O. Box 626 Waterloo, IA 50704 I.R.S. No, 42-1060308 CONTRACT NO. 738 Page 3 of 3 BP-3 Public Market Building Addendum 1 E 4 L :70! to O s-op RSr25 : OI .O OOo a) I O O O- m U 15 0 I Q ` _oC m O O c �Y' 0 Co Q O .�.. N o 0" o w c U ate) Q. cvv _� a� a) o CD m O N o 7.. O C O E c a. c O O)- 'L O U 0 a.+ 0 O O a) S? .G O O O O uj - C .0 • -t O O > >, 0 .L. t6 4 O 000000 -t U a) O O) i C O p = CS\ .. UO OU CL O O as a, CD = Q O.� 4-.O ? -C RI s M ON C. • O n O t n C LL UC cII O Ill CO +� f2 U CO a) C V) as 1- 0 • a• )� QCo - QSLL a) O a V O W O O 1J U C 2 L C co Y O cD '..,. O W .. a.a) O o O O C U +- 'x n ,o C C .0 c6 O L Et Z Z co ce ZW , C O 'SI � W Q rn w O O O O a) _O o 3 O W a C6 �O- c z3 0 U } D+ Z z Z Z WF-r+ � m Fs I- o � W F- Q/' Oc o > � � � mC Z ,e4J Ow a) 7)) 'E o m E °' 0 CY. (/) 0LIJ re3• nm � .� -C ° � oCO Zn. � � of a.) 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H E 0 >. co20 � mm E � H o •� o c, m r IX O E J Sa Co 4-1 o= O O ,- C O a) O 0 2 .- O .- 4J a) 60 RI U U N L co 0 O IT's > a) aO0) O 4-- CV O C x rI O r-•1 3•+ ci) J O O = L O drill \ C CLi- J 'a tT U C ca O rl O i F: 1 EL' �% W O o O Z Q O a) CO N 1~ ., Ua) Ogib o U mco p �so O .` c � -0 W ro a. a.Uz v* 0 ,o U . -O m` Q ca ca m c m a1) aa) 0 +-) 00 � Oho o moo � � o � Y w o ) a ,--i .o., aa) U a. Z O O 0 N• >- W w- C E 03 W <02 col A v co E� E cL RESIDENT BIDDER CERTIFICATION CONTRACT NO: 738 PROJECT NAME: City of Waterloo, Public Market Building DATE OF LETTING: April 14, 2008 To be a qualified resident bidder, the person, corporation, partnership, or firm shall not have, as employees, Illinois laborers on the work site of a non-federal- aid project within Iowa. An Illinois laborer is any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident. This applies to all labor on the project, whether skilled, semi-skilled, or unskilled, whether manual or non-manual. This also applies to work subcontracted by or to the resident bidder on a non-federal-aid project within Iowa. The resident bidder may place on such work no more than three residents of Illinois who are his regularly employed executive and technical experts. This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the work site until this project is completed. I hereby certify that no Illinois resident laborer as defined above will be employed at the work site during the contract period from the start of the project until its completion. COMPANY NAME Prairie Construction Co. , Inc. CORPORATE OFFICER TITLE President DATE April 14, 2008 CONTRACT NO. 738 Public Market Building NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of Iowa )ss County of Black Hawk Michael L. Christiason , being first duly sworn, deposes and says that: 1. He is (4wnef-PertFrer, Officer, - Rative;e1.,Atget9t. , of Prairie Construction Co. , Inc. , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder,firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) ✓J President Title Subscribed and sworn to before me this 14 day of April , 200 8 . Title Notary Public My commission expires November 28, 2009 CONTRACT NO. 738 NCA-1 Public Market Building THE AMERICAN INSTITUTE OF ARCHITECTS Bond No.54-169769 AIA 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): Prairie Construction Co., Inc. United Fire & Casualty Company P.O. Box 626 P. O. Box 73909 Waterloo, IA 50704 Cedar Rapids, IA 52407-3909 OWNER (Name and Address): City of Waterloo 715 Mulberry Street Waterloo, IA 50703 CONSTRUCTION CONTRACT Date: April 28, 2008 Amount: ($783,274.00 ) Seven Hundred Eighty Three Thousand Two Hundred Seventy Four Dollars and 00/100 Description (Name and Location):06109- Public Market Building, West 3rd Street and Bluff Street, Waterloo, Iowa 50701 BOND Date (Not earlier than Construction Contract Date): April 28, 2008 Amount: ($783,274.00 ) Seven Hundred Eighty Three Thousand Two Hundred Seventy Four Dollars and 00/100 Modifications to this Bond: E1 None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY ��Etiaili��ira«f Company: (Corporate Seal) Company: (Co3t (cr,,�� Prairie Construction Co., Inc. United Fire & C ualty Company COR ORAr1 ; Signature: 'fd Signature: Name and Title: Michael L. Christiason Name and Title: Dianne S. Ril y % SEAL " President Attorney-in-Fact `!ft, e,t14P-4,0 (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Holmes Murphy&Associates, Inc. other party): 3001 Westown Parkway InVision Architecture West Des Moines, IA 50266 531 Commercial #900 515 223-6800 Waterloo, IA 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 THIRD PRINTING•MARCH 1987 a, y 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract,which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4, and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree,the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the any,subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the 3.2 The Owner a Contractor Default and Owner to the Surety shall not be greater than those of the formallyterminatederhas the declared a Contractor aotoDfoan Owner under the Construction Contract.To the limit of the rightcompleteamount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of Glared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- 3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the tion Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in actor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety 4 When the Owner has satisfied the conditions of Para- under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract,actual dam- 4.1 Arrange for the Contractor, with consent of the ages caused by delayed performance or non-perlor- Owner, to perform and complete the Construction mance of the Contractor. Contract; 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 Con- don Contract itself, through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre-8 The Surety hereby waives notice of any change, includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the lions. Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond,whichever oc- curs first. if the provisions of this Paragraph are void or .1 After investigation, determine the amount for prohibited by law,the minimum period of limitation avail- 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 2 THIRD PRINTING•MARCH 1987 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 for damages to which the Contractor is entitled, re- 10 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- behalf by all behalf of the Contractovalir and proper payments made to or on 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 neither been remedied nor waived, to pay the Con- 12.1 Balance of the Contract Price:The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments 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: MA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AR 8 THE AMERICAN INSTITUTE OF ARCHITECTS,173S NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING•MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS foro, a„ •NI Bond No. 54-169769 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): Prairie Construction Co., Inc. United Fire & Casualty Company P.O. Box 626 P. O. Box 73909 Waterloo, IA 50704 Cedar Rapids, IA 52407-3909 OWNER (Name and Address): City of Waterloo 715 Mulberry Street Waterloo, IA 50703 CONSTRUCTION CONTRACT Date: April 28, 2008 Amount: ($783,274.00 ) Seven Hundred Eighty Three Thousand Two Hundred Seventy Four Dollars and 00/100 Description (Name and Location): 06109-Public Market Building,West 3rd Street and Bluff Street,Waterloo, Iowa 50701 BOND Date (Not earlier than Construction Contract Date): April 28, 2008 Amount: ($ 783,274.00 ) Seven Hundred Eighty Three Thousand Two Hundred Seventy Four Dollars and 00/100 Modifications to this Bond: ❑ None ® See Page 6 CONTRACTOR AS PRINCIPAL SURETY ettwliltiry► Company: (Corporate Seal) Company: (CQ os *,{) :reC0ns airi tru tion Co., c. R °g �� United Fire & C ualty Company a CORPORATE Y gnature: %/(0 !� Signature:; ,` = t4 - Name and Title: Michael L. Christiason Name and , ale: Dianne S. iley cz, SEALrw� President Attorney-in-Fact so (Any additional signatures appear on page 6) all�a3 (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Holmes Murphy&Associates, Inc. other party): 3001 Westown Parkway InVision Architecture West Des Moines, IA 50266 531 Commercial #900 515 223-6800 Waterloo, IA MA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •MA ® THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTING•MARCH 1987 1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- 6.1 Send an answer to the Claimant,with a copy to rated herein by reference. the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment,directly or indirectly, amounts. 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 claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly 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 or others for obligations of the Contractor that are unrelat- under this Bond until: ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli- contract with the Contractor have given notice to the gations to make payments to. give notices on behalf of,or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or (2)on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed; and struction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor,or not received defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor claim will be paid directly or indirectly; and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days, have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor. the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall cient compliance. be deemed incorporated herein. The intent is that this AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA,5 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW PORK AVE.,N.W..WASHINGTON,D.C.20006 A312-1984 5 THIRD PRINTING•MARCH 1987 • 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 all 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 the labor,materials or equipment were furnished. 15 DEFINITIONS 15.2 Construction Contract: The agreement between the 15.1 Claimant:An individual or entity having a direct contract Owner and the Contractor identified on the signature page, with the Contractor or with a subcontractor of 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 BOND•DECEMBER 1984 ED.•AIA® A312-1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 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 Dianne S. Riley its true and lawful Attorney-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: Surety Bond Number: 54-169769 Principal: Prairie Construction Co., Inc. Obligee: City of Waterloo 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. IN WITNESS WHEREOF,the UNITED FIRE&CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this January 11,2007. ,:, 1',, ,'45. . UNITED FIRE&CASUALTY COMPANY CORPORATE iy S. :7 SEAL `� , /',R,�`0SS Vice President State of Iowa, County of Linn,ss: On January 11,2007, before me 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. L Mary A.Jansen Iowa Notarial Seal WWW •' • Commission number 713273 Notary Public owi. My Commission Expires 10/26/10 My commission expires: 10-26-10 CERTIFICATION 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. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company this 28tih _day of April 2008 . /.6.^2/0'. ZeiCORPORATE ii —•_ 7 1.-,N SEAL ,,,s. Secretary PRAICON-01 ININ ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 5/8/2007 PRODUCER (319)366-2723 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TrueNorth ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 421 4th Ave SE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 1863 Cedar Rapids, IA 52406-1863 INSURERS AFFORDING COVERAGE NAIC# INSURED Prairie Construction Co Inc INSURER A:Cincinnati Insurance Co. PO Box 626 INSURER B:Acuity,A Mutual Insurance Co. Waterloo,IA 50704-0626 INSURER C: INSURER D: 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. INSR)ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR pNSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY 1 DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY CPP0814783 5/9/2007 5/9/2008 PAMAGE TO RENTED PREMISES(Ea occurence) $ 500,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $ 10,000 X Contractual liability inc 1,000,000 PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY x PROT LOC JEC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO CPP0814783 5/9/2007 5/9/2008 (Ea accident) X ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X 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 $ 5,000,000 A X OCCUR CLAIMS MADE CPP0814783 5/9/2007 5/9/2008 AGGREGATE $ 5,000,000 DEDUCTIBLE X RETENTION $ None $ WORKERS COMPENSATION AND X WC STATU- OTH- TORY LIMITS ER B EMPLOYERS'LIABILITY L61010 5/9/2007 5/9/2008 E.L.EACH ACCIDENT $ 500,000 • ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER A Installation Floater CPP0814783 5/9/2007 5/9/2008 $1,000 Deductible $100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Waterloo and it's employees are included as additional insured with respect to general liability CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Waterloo DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 715 Mulberry St. Waterloo,IA 50703- NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE /l CArrt=)04Th:es ACORD 25(2001/08) ©ACORD CORPORATION 1988 • PRAICON-01 ININ IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) Waterloo Exposition Grounds Public Market Building City of Waterloo,Iowa Addendum No.2 DATE: April 10,2008 ADDENDUM#:2 PROJECT:Waterloo Exposition Grounds Public Market Building PROJECT#:06109.01 To Prospective Bidders: This addendum consists of 2 written sheets and 0 drawings. This addendum forms a part of the contract documents and modifies the bidding documents dated 3.13.2008,with amendments and additions noted below. Acknowledge receipt of this addendum in the space provided on the bid form. Failure to do so may disqualify the bidder. Bidders shall make the following corrections or additions to the bidding documents.These items shall supercede,modify,and/or change all statements or drawings to the contrary in the drawings and project manual and shall take precedence over these documents.Bidders shall base their bid on the drawings and project manual and as modified by the changes herein stated. Item Sheet/ Room#/ Description of Change # Detail# Sheet Reference Architectural Drawing Changes 1 Addendum 1 Page 1 Delete Item 2. Item 13 regarding stoop configuration and reinforcing is correct. 2 A1.1 Elevations 5 and 6 Increase depth of vertical intermediate aluminum framing members to 8"to account for wind loads.Vertical perimeter members and all horizontal members are to remain 4 1/2" 3 A3.0 Elevations Glazing at three season enclosure is to be 1"insulating glass in lieu of 1/4"glazing 4 A3.0 East Elevation Glazing panels to the north of the indicated new spandrel glass at the new toilet room are to be replaced with laminated glass. Specification Changes 5 01 50 00 This section was inadvertently eliminated in Addendum 1.This section is to be retained TEMPORARY with the following modifications:Delete 1.02 B.and 1.04 B.Existing facilities may be FACILITIES used as appropriate. Delete 1.06 Fencing. 1.10 Waste Removal:remove trash from site CONTROL weekly. 6 08 71 00 DOOR Cylinders are to be Grade 1. HARDWARE 7 08 43 13 2.01 A Manufacturers: Boyd Window Systems are approved for bidding. ALUMINUM FRAMED STOREFRONTS 8 2.02 A 3 Color of aluminum anodizing for bidding purposes only is to be dark bronze. 9 08 80 00 2.01 Glazing indicated on elevations to be laminated is to have a white interlayer to obscure vision.(Safety glass is to.have a clear interlayer). 10 10 73 13 2.02 C Fabric is to be Acrylic Material to equal to Sunbrella,by Glen Raven,Inc.Solid Color. AWNINGS 11 2.02 E Frame is to be fabricated from aluminum tubing. 12 13 38 00 METAL 2.02 A Fabricate letters from 1/8"aluminum plate. ROOF SIGNS Mechanical Drawing Changes 13 VFD for EF-2 shall be controlled by space pressure sensor. 14 Rectangular supply duct leaving AHU-1 and 2 shall be 30"x24". Round duct after transition from AHU-2 shall be 28". 15 Return duct shall be 36"x 30". 16 Relief duct shall be 34"x 34". 17 M4.0 Louver Schedule Increase size of louvers LV-3 and LV-4 to 8'4"wide to fill existing window opening.Blank off unused louver area with 2"rigid insulation and sheet metal. Page 1 Waterloo Exposition Grounds Public Market Building City of Waterloo,Iowa Addendum No.2 Product Approvals 18 22 30 00 plumbing equipment Rheem Commercial 19 23 74 01 air handling units United CoolAir 20 23 82 16 electric coils Tutco END OF ADDENDUM NUMBER TWO Submitted by:m 1/0A201.-g.A.,_,---.- Michael Broshar,FAIA • Page 2