HomeMy WebLinkAboutWRH, Inc.-3/2/2015ACOM
March 16, 2015
Ms. Suzy Schares
City Clerk
715 Mulberry Street
Waterloo, Iowa 50703
Subject: FY 2014 Belt Filter Press Addition
City Contract No. 869
AECOM #60300979
Dear Suzy,
AECOM 319-232-6531 tel
501 Sycamore Street 319-232-0271 fax
Suite 222
Waterloo, Iowa 50703
www.aecom.com
Enclosed please find three (3) copies of the Contracts, Bonds and Certificates of Insurance for the above -
referenced project.
Upon receiving the necessary approvals, please sign as appropriate and return all copies to our office. We will
date the documents and distribute them to the contractor and the city.
If you have any questions, please let us know.
Yours sincerely,
Enclosures: As Noted
c: Larry Smith
L:\work\project\60300979\600-Construction Support\620 Correspondence\621.2 - Agrrnnts-NTP-Cert of Ins\3-16-15 ss Belt Filter Press Contracts.docx
FORM OF CONTRACT
CONTRACT FOR THE CONSTRUCTION OF
F.Y. 2014
BELT FILTER PRESS ADDITION
WATER POLLUTION CONTROL FACILITY
CITY CONTRACT NO. 869
CITY OF WATERLOO, IOWA
This contract made and entered into this 2 day of kCurCAm 2015, by and between the
City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as (City), and
WRH, Inc.
, of Amana, Iowa , (hereinafter referred to as
Contractor), WITNESSETH:
PAR 1
PAR. 2
PAR. 3
PAR. 4
PAR. 5
PAR. 6
PAR. 7
Contractor agrees to build and construct the F.Y. 2014 BELT FILTER PRESS ADDITION -
WATER POLLUTION CONTROL FACILITY, CITY CONTRACT NO. 869, and furnish all
necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and
specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which
was accepted by the City, and which is understood and agreed to be a part of this contract.
It is understood and agreed that the resolution adopted by the City Council ordering the construction of
the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of
Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and
the Plans and Specifications shall all be considered as forming a part of the contract the same as though
they were each set out in said contract.
The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said
work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in
strict accordance with the requirements of this contract, and of the plans and specifications made a part
hereof by reference, and to the satisfaction and approval of the City and its engineer.
The Contractor agrees to perform said work and install said improvements on the terms set out in bid or
proposal to the City which has been accepted by the City and which is by reference made a part of this
contract.
The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice
to Proceed" and complete it on or before March 1, 2016 , unless an extension of time is granted
in writing by the Council of the City.
Should the Contractor fail to complete said improvements in strict accordance with the terms and
conditions of this contract, or the plans and specifications therefore promptly by the date herein
specified, the City may pay such additional sums as it may be required to pay by reason of the failure of
said contractor and deduct any and all such sums from any amount then due the Contractor.
The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to
the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any
excavations in any street or alley, and maintaining proper and sufficient barricades with lights and
sigals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the
City whole and defend any and all suits that may be brought against the City by reason of any injuries
that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while
work is done pursuant to this agreement.
FORM OF CONTRACT
Belt Filter Press Addition -60300979
City Contract No. 869 C-1 of 3
PAR 8
PAR. 9
The Contractor agrees that in the event a law suit is brought against the City for damages allegedly
sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of
any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug
by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit
and save the City harmless therein, and in case judgment is rendered against the City, the Contractor
agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent
company in a sufficient amount to protect the City and those who use the streets of the City.
The City shall have the right to appoint one or more construction reviewers who shall review the
progress of the work in detail; also, to make any test or any material to be used in such work. No
material shall be used m any work until the same has first been approved by the construction reviewer.
Such construction reviewer shall have full authority to pass judgment upon all materials and upon the
manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work
shall be final unless it is revoked or modified by the City Engineer.
PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the
line of work and shall not be again taken thereon or placed with the material proposed to be used
without the written consent of the City Engineer.
PAR. 11
The Contractor shall maintain no cause of action against the City on account of delays and prosecution
of work, but if said work is delayed by the City, the Contractor shall have such extra time for
completion of the job as was lost by reason of the delay caused by the City.
PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who
shall perform labor or furnish materials entering into this improvement. It is agreed that the City need
not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall
not be liable for said labor, material, or men under this contract.
PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be
provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be
for the benefit of the City, and any and all persons injured by the breach of any of the terms of this
contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City
Council, and is by reference made a part of this contract.
PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof
for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with
said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the
address given herein by the City, or after such notice has been served on it, then the City may proceed to
complete said work, using any material, tools, or machinery found along said line of work, doing the
work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable
to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any
compensation due, or to become due the Contractor, and may be recovered by the City in an action upon
Contractor's bond.
PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations,
and conditions hereof, or contained in the various instruments made a part of this contract by reference,
and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the
manner set out in the Notice to Contractors, the amount of money due the Contractor for work
performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted
by the City.
PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's
unit bid prices, and for which 100% surety bond is required is ',1,449,000.00.
FORM OF CONTRACT
Belt Filter Press Addition -60300979
City Contract No. 869 C-2 of 3
PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean up said streets,
and to save the City harmless from any damage allegedly resulting from a failure to clean up and
remove the debris or put the street back in a proper condition for travel.
PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various
instruments incorporated by reference, this contract shall govern.
PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it
shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract,
same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and
which bond is in addition to the bond given by the Contractor to guarantee the completion of the work.
PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years
from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance
shall be made without expense to the City or the abutting property. In the event of the failure or default
of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years
from the date of its acceptance by said Council, and after having been given ten (10) days notice so to
do by registered letter deposited in the United States Post Office in said town, addressed to said
contractor at the address herein given, then the City may proceed to teuiedy such defects. The costs and
expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an
action brought in any court of competent jurisdiction.
PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City
Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of
the term during which the Contractor is required to maintain said improvements, in good repair by the
terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of
the said improvements shall continue until three (3) months after such notice has been given to the City,
and, in any event, until two (2) years after the acceptance of the work.
CITY OFVATERLOO, IOWA
y/
Ma• `7
WRH, Inc.
Contractor
BY:
Jamie Rich
Title: Project Manager - Estimator
Approved by the City Council of the City of Waterloo, Iowa, this 7/ day of
, 2015.
FORM OF CONTRACT
Belt Filter Press Addition -60300979
, City Clerk
Waterloo, Iowa
City Contract No. 869 C-3 of 3
Bond No. IAC584437
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we WRH, Inc. , of Amana, IA (hereinafter called the
Principal), and Merchants Bonding Company (Mutual)
of Des Moines, IA
(hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter called the Obligee), in
the penal sum of One Million Four Hundred Forty Nine Thousand Dollars (51,449.000.00)1, lawful
money of the United States, to payment of which sum, well and truly to be made, the Principal here firmly binds
himseWthemselves, his/their heirs, executors, and administrators, and the said Surety binds himself, his successors,
assigns, executors, and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that,
WHEREAS the above bounden Principal did, on the cJb
day of /112,* (2 1 . 2015, enter into a written contract with the City of Waterloo, Iowa, for the
construction of F.Y. 2014 BELT FILTER PRESS ADDITION - WATER POLLUTION CONTROL
FACILITY. CITY CONTRACT NO. 869, a copy of which contract, together with all of its terms, covenants,
conditions, and stipulations, is incorporated herein and made a part hereof as full and completely as if said contract were
recited at lengthherein; and
WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons, finns or corporations
having contracts directly with the Principal or with subcontractors, all just claims due them for labor performed or
materials furnished in the performance of the contract on account of which bond is given when the same are not satisfied
out of the portion of the contract price which the public corporation is required to retain until completion of the public
improvement, but the Principal and Surety shall not be liable to said persons, firms, or corporation unless the claims of
said claimants against said portion of the contract price shall have been established as provided by law.
Now, if the Principal shall in all respects fulfill his said contract according to the terms and tenor thereon and
shall satisfy all claims and demands incurred for the same, and shall fully indemnify and save harmless the Obligee from
all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Obligee
all outlays and expenses which it may incur in snaking good any such default, then the obligation is to be void and of no
effect, otherwise to remain in full force and effect.
Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent
without notice:
1. To any extension of time to the contract in which to perform the contract.
2. To any change in the plans, specifications, or contract when such change does not involve an increase
of more than twenty percent (20%) of the total contract price, and shall then be released only as to
such excess increase.
3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1)
year from the time of the acceptance of the work the right to sue on this bond for defect in
workmanship or material not discovered or known to the Obligee at the time such work was accepted.
PERFORMANCE BOND
Belt Filter Press Addition -60300979
City Contract No. 869 PFB-1 oft
IN WITNESS WHEREOF, we have hereunto set our hands and seals this J) day of
2015.
PERFORMANCE BOND
Belt Filter Press Addition -60300979
WRH, Inc.
Principal
By:
Jamie Rich
roject Manager — Estimator
Merchants Bonding Company (Mutual)
Anne Crowner
City Contract No. 869 PFB-2 of 2
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
WRH. Inc
Bond No. IAC584437
a Corporation
(Name of Contractor)
P.O. Box 256. Amara. Iowa 52203
(Address of Contractor)
, hereinafter called Principal,
(Corporation, Partnership or Individual)
and Merchants Bonding Company (Mutual)
(Name of Surety)
2100 Fleur Drive, Des Moines, Iowa 50321-1158
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
CITY OF WATERLOO. IOWA
(Name of Owner)
715 MULBERRY STREET. WATERLOO. IOWA 50703
(Address of Owner)
hereinafter called OWNER, in the penal sum of
One Million, Four Hundred Forty Nine Thousand and 00/100 ($1,449,000.00)
in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves,
successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with
the OWNER, dated the c:QN O day of 011#J-
2015, a copy of which is hereto attached and made a part hereof for the construction of:
F.Y. 2014 BELT FILTER PRESS ADDITION
WATER POLLUTION CONTROL FACILITY
CITY CONTRACT NO. 869
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS,
and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for insuch
contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants,
oil, gasoline, coal and coke, repairs on machinery, equipmentand tools, consumed or used in connection with the
construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such
WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full
force and effect.
PAYMENT BOND City Contract No. 869 PB -I of 2
Belt Filter Press Addition -60300979 Non -Federal
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or
the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does
hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to
the WORK or to the SPECIFICATIONS.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the
right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS HEREOF, this instrument is executed in Three (3)
(number)
which shall be deemed an original, this the c A-) day of M A C--0.24.4
2015.
counterparts, each one of
ATTEST:
l
);t�1.2d/GGf�L,
() (Principal) Secretary
Virginia Possehl
(SEAL) Corporate Secretary
Witness as to Principal
P.O. Box 256, Amana, IA 52203
(Address)
ST:
WRH, Inc.
Principal
By 1 (s)
JamRich, Project Manager—Estimat
P.O. x 256, Amana, IA 52203
(Address)
Merc is Bond' g Company (Mutual)
Surety
tto a -Fact Anne Crowner
Holmes Murphy and Associates, LLC
Witness as to Surety ('Dione R. Young (Address)
Holmes Murphy and Associates, LLC
(Address)
P.O. Box 9207, Des Moines, IA 50306-9207
P.O. Box 9207, Des Moines, IA 50306-9207
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
PAYMENT BOND City Contract No. 869 PB -2 of 2
Belt Filter Press Addition -60300979 Non -Federal
MERCHANTS
BONDING COMPANY.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"),
and that the Companies do hereby make, constitute and appoint, individually,
Anne Crowner, Brian M Delmerly; Cindy Bennett; Craig E Hansen; Dione R Young; Jay D Frelermuth; Jody
Decker; Kami Brower, Kathleen Brewer; Kevin J Knutson; Lacey Cramblit; Michelle R Gruis; Shirley S
Bartenhagen; Stacy Venn; Tim McCulloh
of Des Moines and State of Iowa their true and lawful Attomey-in-Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
TWENTY MILLION ($20,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power-of-Attomey Is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
effect as though manually fixed."
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 23rd day of September, 2014 .
STATE OF IOWA
COUNTY OF POLK ss.
bpi?U9q.'
m�°9y:
salt: • •1.:_ •
-o- '•42:..,•
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2003 ..�, •
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S -se • ..., 0\0•.•`x, ••.? •`kk•
,•,,'/f/I,j�If/N1t1111,,,,1 ••• * ••
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
747/1. --
President
On this23rdday 0f September , 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seats affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year
first above written.
�►acs WENDY WOODY
o �m>Z Commission Number 7846M
z My Commission Expires
i P • June 20, 2017
STATE OF IOWA
COUNTY OF POLK ss.
Notary Public, Polk County, Iowa
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing Is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
this ant, day of M At?-o••F: , 2015 •
4. oat O� QR4j; . O= : Q?• c., 9q� :�.c i
PERFORMANCE BOND
KNOW ALL MEN BY HESE PRESENTS:
Bond No. IAC584437
That we WRH, Inc. ,of Amana, IA (hereinafter called the
Principal), and Merchants Bonding Company (Mutual)
of Des Moines, IA
(hereinafter called the Surety), are heldandfirmly bound unto the City of Waterloo (hereinafter called the Obligee), in
the penal sum of One Million Four Hundred FortyNine Thousand Dollars ($i.449,000.00)), lawful
money of the United States, to payment of which sum, well and truly to be made, the Principal here firmly binds
himself/thentselves, his/their heirs, executors, and administrators, and the said Surety binds himself, his successors,
assigns, executors, and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that,
WHEREAS the above bounden Principal did, on the
day of . 2015, enter into a written contract with the City of Waterloo, Iowa, for the
construction of F.Y. 2014 BELT FILTER PRESS ADDITION - WATER POLLUTION CONTROL
FACILITY, CITY CONTRACT NO. 869, a copy of which contract, together with all of its terms, covenants,
conditions, and stipulations, is incorporated herein and made a part hereof as full and completely as if said contract were
recited at length herein; and
WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons, firms or corporations
having contracts directly with the Principal or with subcontractors, all just claims due them for labor performed or
materials furnished in the performance of the contract on account of which bond is given when the same are not satisfied
out of the portion of the contract price which the public corporation is required to retain until completion of the public
improvement, but the Principal and Surety shall not be liable to said persons, fines, or corporation unless the claims of
said claimants against said portion of the contract price shall have been established as provided by law.
Now, if the Principal shalt in all respects fulfill his said contract according to the terms and tenor thereof, and
shall satisfy all claims and demands incurred for the same, and shall fully indemnify and save harmless the Obligee from
all costs and damages which it may suffer by reason of faihne to do so, and shall fully reimburse and repay the Obligee
all outlays and expenses which it may incur in making good any such default, then the obligation is to he void and of no
effect, otherwise to remain in full force and effect:
Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent
without notice:
1. To any extension of time to the contract in which to perforn► the contract.
2. To any change in the plans, specifications, or contract when such change does not involve an increase
of more than twenty percent (20%) of the total contract price, and shall then be released only as to
such excess increase.
3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1)
year from the time of the acceptance of the work the right to sue on this bond for defect in
workmanship or material not discovered or known to the Obligee at the time such work was accepted.
PERFORMANCE BOND
Belt Filter Press Addition -60300979
City Contract No. 869 PFB4 oft
IN WITNESS WHEREOF, we have hereunto set our hanrig and seals this day of
2015.
PERFORMANCE BOND
Belt Filter Press Addition -60300979
WRH, Inc.
Principal
By
Jamie Rich
Project Mana er Estimator
Merchants Company Mutual)
Surety
City Contract No. -869
Anne Crowner
PFB-2 of 2
Bond No. IAC584437
PAYMENT BOND
KNOW ALL MEN BY TIESE PRESENTS: that
WM.,Inc.
a Corporation
(Naive of Contractor)
P.O. Box 256: Amana. Iowa 52203
(Address of Contractor)
(Corporation, Partnership or Individual)
and Merchants Bonding Company (Mutual)
, hereinafter called Principal,
(Name of Surety)
2100 Fleur Drive, Des Moines, Iowa 50321-1158
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
CITY OF WATERLOO. IOWA
(Name of Owner)
715 MULBERRY STREET, WATERLOO, IOWA 50703
(Address of Owner);
hereinafter called OWNER, in the penal sum of
One Million, Four Hundred Forty Nine Thousand and 00/100
($1,449,000.00)
in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves,
successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into ,a certain contract with
the OWNER, dated the day of
2015, a copy of which is hereto attached and made a part hereof for the construction of;
F.Y. 2014 BELT FILTER PRESS ADDITION
WATER POLLUTION CONTROL FACILITY
CITY CONTRACT NO. 869
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS,
and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such
contract,: and any authorized extension or modification thereof, including all amounts due for materials, lubricants,
oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the
construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such
WORK. whether by SUBCONTRACTOR or otherwise, then this obligation shall be void, otherwise to remain in full
force and effect.
PAYMENT: BOND.:
Belt Filter Press Addition -60300979
City Contract No. 869 PB -1 of2
Non -Federal
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to the. WORK to be performed thereunder or
the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does
hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to
the WORK or to the SPECIFICATIONS.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the
right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS HEREOF, this instrument is executed in Three (3) counterparts, each one of
(number)
which shall be "deemed an original, this the day of
2015.
ATTEST:
(SEAL)
fiat
rincipal) Secretary
Virginia Possehl
Corporate Secretary
Witness as to Principal
P.O. Box 256, Amana, IA 52203
(Address)
ST
/2i7L
Witness as to Surety /1 bione R. Young
Holmes Murphy and Associates, LLC
(Address)
P.O. Box 9207, Des Moines, IA 50306-9207
WRH, Inc.
Principal
By (s)
Jami Rich, Project Manager—Estimator
P.O. B x 256, Amana, IA 52203
(Address)
Merc - Bondi Company (Mutual)
Surety
Attorney -in -Fact Anne Crowner
Holmes Murphy and Associates, LLC
(Address)
P.O. Box 9207, Des Moines, IA 50306-9207
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND..
PAYMENT BOND
City Contract No. 869
Belt Filter Press Addition -60300979 Hon -Federal
PB -2 of 2
r
MERCHANTS
BONDING COMPANY.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of lowa (herein collectively called the "Companies"),
and that the Companies do hereby make, constitute and appoint, individually,
Anne Crowner, Brian M Deimerly; Cindy Bennett; Craig E Hansen; Dione R Young; Jay D Freiermuth; Jody
Decker, Kami Brower; Kathleen Brewer; Kevin J Knutson; Lacey Cramblit; Michelle R Gruis; Shirley S
Bartenhagen; Stacy Venn; Tim McCulloh
of Des Moines and State of Iowa their true and lawful Attomey-in-Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
TWENTY MILLION ($20,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
effect as though manually fixed."
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 23rdday of September, 2014 .
STATE OF IOWA
COUNTY OF POLK ss.
••.*O�NG ' F.944:::..
<P.•0%Pp9q' 9y : MERCHANTS NATIONAL BONDING, INC.
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•a• 1933 •c•
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MERCHANTS BONDING COMPANY (MUTUAL)
By
d
President
On this23rdday of September , 2014, before me appeared Larry Taylor, to me personally known, who being by me duly swom did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, 1 have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year
first above written.
,P*kw WENDY WOODY
o Commission Number 784654
. My Commission Expires
/ovP June 20, 2017
STATE OF IOWA
COUNTY OF POLK ss.
Notary Public, Polk County, Iowa
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
this day of , 2015 • •. •
•.,,•..•.x.11.,,,44
POA 0014 (7/14)
,•• ••.
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1933 : c:
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A ® CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDIWYY)
03/05/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER 1-800-300-0325
Holmes Murphy &-Assoc - CR
500 1st Avenue NE, Suite 300
Cedar Rapids, IA 52401
CONTACT
PHONE FAX
IA/C. No. Ext: (A/C, No):
E-MAIL
ADDRESS:
INSURER(S)AFFORDINGCOVERAGE
NAM
IL
INSURERA: BITUMINOUS FIRE & MARINE INS CO
20109
INSURED
WRH, Inc.
a/k/a Wendler Construction, Inc.
PO Box 256
Amana, IA 52203
INSURER B :
CLP3606458
INSURER C:
07/01/15
INSURERD:
$ 1, 000, 000
INSURER E :
$ 200, 000
INSURER F :
$ 10 , 0 0 0
•
•
%A/V GR/9VGa7 vim,"„ •vra, v ,......��... __ ___ - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ITR
TYPE OF INSURANCE
INSR
SUBRW
POLICY NUMBER
(MM/DD/YYYY)
(MSD/ EXP
LIMITS
A
GENERAL
X
LIABILITY
COMMERCIAL GENERAL LIABILITY
CLP3606458
07/01/14
07/01/15
EACH OCCURRENCE
$ 1, 000, 000
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 200, 000
MED EXP (Any one person)
$ 10 , 0 0 0
CLAIMS -MADE
X
OCCUR
PERSONAL &ADV INJURY
$ 1, 000,000
GENERAL AGGREGATE
$ 2, 000, 000
X
Contractual Liability
PRODUCTS - COMP/OP AGG
$ 2,000,000
GEN'L AGGREGATE
POLICY
g
LIMIT APPLIES PER:
� �
!FCT I L�
$
A
AUTOMOBILE
X
X
LUtBILrrY
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS.
_
X
SCHEDULED
AUTOS
NON -OWNED
AUTOS
CAP3606456
07/01/14
07/01/15
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY ROPDAMAGE
PPR ERTYt)
$
$
A
X
UMBRELLA LIAB
EXCESS UAB
X
OCCUR
CLAIMS -MADE
CUP3606458
07/01/14
07/01/15
EACH OCCURRENCE
$ 5,000,000
AGGREGATE
$ 5,000,000
$
DED
X RETENTION $ 10, 000
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILnY500,
ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
WC3606451
07/01/14
07/01/15
X
TORY LIMITS
ER
E.L. EACH ACCIDENT
$ 000
E.L. DISEASE - EA EMPLOYEE
$ 500,000
E.L DISEASE - POLICY LIMIT
$ 500, 00°
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space is required)
City of Waterloo IA and AECOM are additional insured on General Liability and Auto Liability along with
Governmental Immunity. Coverage is primary and non-contributory. Waiver of subrogation applies to
all policies along with 30 day notice of cancellation.
Project: FY 2014 Belt Filter Press Addition, Water Pollution Control Facility, City contract #869.
t.K I II -11.;A% I t tULUCK
City of Waterloo
715 Mulberry St
Waterloo, IA 50703
1
USA
------""--
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
)1-t-^ \ \t11r,,Th
— - AT,A., Alt -i_La� ..a
ACORD 25 (2010/05)
lcollum
43215761
-. rao ..w.,w ,...-..+. ......
The ACORD name and logo are registered marks of ACORD