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HomeMy WebLinkAboutNichols Construction, Inc-3/10/2014CITY OF WATERLO Council Communication City Council Meeting: March 3, 2014 Prepared: February 25, 2014 ept. Head Signature: PH # of Attach ents: 3 SUBJECT: FY 2014 Cedar Vista Shelter Project Submitted by: Travis Nichols, Facilities/Project Manager Recom i '. ended City Council Action: Request Council award and adopt resolution transmitting Contracts, Bonds and Certificates of Insurance for Nichols Construction Inc., Evansdale, Iowa for FY 2014 Cedar Vista Shelter Project, in Exchange Park, at the intersection of Park Road and Burton Avenue, Waterloo, Iowa and approve and authorize the Mayor to sign Contract between City of Waterloo and Nichols Construction Inc. Summary State Exchange Park. e,i t: This project provides for the replacement of the Cedar Vista Shelter in Expe diture Required: $68,000 Source of Funds: Funding is available from hail damage insurance claim. Leisure Services crews will do site preparations. Policy Issue: Alternative: Background Information: The Cedar Vista shelter was damaged during hail storm in April 2012. The shelter is one of the oldest in our park system and is deteriorating to a point replacement is a better option than repairing. BID BOND Bond No. 0628347 KNOW ALL MEN BY THESE PRESENTS, that we, Nichols Construction Inc _ Evansdale, Iowa as Principal, and nld 1pnh1i surpty Company as Surety are held and firmly bound unto the City of Waterloo. Iowa, hereinafter called "OWNER". In the penal sum C% of hiA amount dollars ($ 5% o f bid ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly arid severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the 2 4 y of February ,2014 for Cedar Vista Shelter Project NOW, THEREFORE, a) If said Bid shall be rejected, or in the alternate, b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this 2 4th day of February , A.D. Robert C Fry Nichols Construction Inc. (Seal) Prin By David chols, CEO (Title) Old Republic Surety Comparwmo Surety By rney-In-''5ct er J Julson Bib BONI) PAGE I OF 1 pr***** OLD REPUBLIC IIIc*,*** Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: JAMES M. MIDD) NDORFE STEVEN L. ALLEN, JENNEPER J. JULSON, OF CLI E, IA its true and lawful Attomey(s)-in-Fact, with full powerauth and orrty not exceeding $10,000,000 for and on behalf of the company as surer, to execute and deliver and affix the Seal .;cif this company thereto {if a seal is' required), bonds undertakings, recognizances or other written obligations in the nature: thereof;'(otherthan bail bonds, bankdepository bonds, mortgage deficiency bonds morfgage guaranty bonds, guarantees of installment paper and note guaranty- buds .self-insurance workers compensation bonds guaranteeing payment of beneifts, aebeStos abatement contract bonds; waste management bonds, hazardous waste remediation bonds or black lung bonds} as:tQllows: ALL WRITTEN :INSTRUMENTS IN AN AMOUNT NOT T€Q EXCEED,; AN AGGREGATE OF ONE MI ALL ION DOLLARS ($1, 0 0 0 , 0 0 0) - - - - 7,t - - - - — =i-- --: FOR ANY SINGLE BLIGAT'ION, REGARDLESS OF THE NUMBER OF`; INSTRUMENTS ISSUED TOR THE OBLIGATION. nd to bind OLD REPUBLIC: SURETY COMPANY thereby, and411.- of the acts of said Attorneys -in -Tact pursuant tt these presents, are rattfiod and confirmed. This document is not valid unless printed on colored background and is multi -colored. This. appointment is made under and by authority of the board of directors ata special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the:following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. • RESOLVED that, the president, any vice-president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recog- nizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any , bondundertaking,recognizance, or suretyship obligation shall beualtd and binding upon 81e Company {i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal. be required) by any secretaryor assistant seeretr:y, or ('u ed b ) when Signed by.the president, any vice president or assistant vice president, secretaryer assistant secretary, and tour#ersgnedand sealed Ka seal be requires by.: a duly authorized attorney-in-fact or agent, or (iii) when duly executed and sealed ('d a sealbe required) by one Or more attomeys in -fact or' agents pursuant to and within the lilts of the authority evident. by the Power of Attorney issued by the company to such person or perms. RESOLVED FURTHER,thatthe signature of any authorized officer and`thd seal of the company may be affixed by facsimile to any Power:ofAttty or certification thereof authorizing the execution and delivery of ariy 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 manuaify'affixed. • IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has causedthese presents to be signed by its proper officer, and its corporate seal to be affixed. this 11TH day of NOVEMBER, 2.008 _._... OLD REPUBLIC SURETY COMPANY Assistant Secretary STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS On this 11TH day of NOVEMBER, 2008 `SE personally came before me, and RICK A. JOHNSON to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly::: sworn did severally depose and say; that they are said officers of .the corporation aforesaid, and that the seal affixed to the aboveanstrument is:the seal of the corporation, and that said corporate seal Arid their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of. saidcorpi President GERALD C. LEACH CERTIFICATE I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, -:a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revolted and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 40-3995 �ammuwstiuy,, 4,,'"� ' Signed' and sealed at the City ofBrookffeld,.WI This 24th day of <February, 201 4gV six, } MIDDENDORF CE Notary Public My commission expires: 01/ 18 2009.: Assistant Secretary IS DOCUMENT HAS A COLORED BACKGROUND AND IS MULTI -COLORED ON THE FACE. THE COMPANY LOGO APPEAR ON THE BACK OF THIS DOCUMENT AS A WATERMARK. IF THESE FEATURES ARE ABSENT, THIS DOCUMENT IS VOID. ORSC 22262 (2/071 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT for FY 2014 CEDAR VISTA SHELTER PROJECT This Contract made and entered into this 3rd day of March 2014, by and between the City of Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and Nichols Construction Inc., Evansdale, Iowa, hereinafter referred to as Contractor, WITNESSETH: Par. 1 The Contractor shall furnish all supervision, technical personnel, labor, materials, and equipment to perform all work required for the FY2014 CEDAR VISTA SHELTER PROJECT described in the specifications and shown on the plans. Par. 2 The Contract Documents shall consist of the following: a. This Agreement b. Notice of Hearing c. Signed Copy of Bid d. Specifications e. Performance Bond d. Payment Bond f. Certificates of Insurance These documents form the Contract and are all fully a part of the Contract as if attached to this Contract or repeated herein. Par. 3 The Contractor agrees to commence the work within forty-five (45) days after the issuance of "Notice to Proceed" and complete the work within the given time frame. Par. 4 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 passageways for water, traffic and protecting any excavation in any street or alley and maintaining proper and sufficient barricades with lights and signals during all hours of darkness and agrees to see that the backfilling is properly done and agrees to keep the City whole and defend any suits that may be brought against it by reason of any injuries that may be sustained by any person on account of doing this work by the Contractor and any agents of the Contractor. CONTRACT page 1 of 2 Par. 5 The Contractor agrees that in case a suit is brought against the City for damages sustained by reason of any act, omission or negligence of the Contractor or its agents or on account of any injuries 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 and agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and any and all persons who may use the project. Par. 6 The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. Par. 7 The Contractor agrees to pay punctually all just claims of labor, material, men or Subcontractors, who 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 and lien waivers are received. It is agreed that the City shall bear no liability for payments due for labor or materials under this contract. Par. 8 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 the work, the City agrees to pay the Contractor: Sum of Sixty -Eight Thousand Dollars and 00/00($68,000.00) City of Waterloo, Iowa 7:d" Ernest G. Clark, Mayor Contractor: Nichols Construction Inc. (OLULAW_Q-, Dave Nichols Suzy Schare , City Clerk Approved by the City Council of the City of Waterloo, Iowa, this qday of March 2014. ATTEST: City Clerk CONTRACT page 2 of 2 Bond # 0628347 PERFORMANCE BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition) Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Nichols Construction Inc 883 Doris Dr Evansdale, Iowa 50707 CONSTRUCTION CONTRACT Date: 02/28/2014 Amount: 868,000.00 Description (Name and Location): FY2014 Cedar Vista Shelter Project BOND Date (Not earlier than Construction Contract Date): 03103/2014 Amount: $88,000.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: Nichols Construction Inc Signature: Name and Title: David R. Nichots, President OWNER (Name and Address): City of Waterloo, Iowa City Clerk 715 Mulberry St, Waterloo, IA 50703 SURETY (Name and Principal Place of Business): Old Republic Surety Company 1 503 42nd St- Ste 100 West Des Moines, IA 50266 ® None 0 See Page 2 SURETY (Corporate Seal) Company: Old Republic Surety Company (Any additional signatures appear on page 2.) (FOR INFORMATION Only- Name, Address and Telephone) AGENT or BROKER: Agent 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to par- ticipate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default/ the Surety's obligation under this Bond shall arise after. 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is con- sidering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Con- tract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract_ Such Contractor Default shall not be declared earlier than twenty days after the Contractor and Surety have received notice as provided in Subparagraph 3.1; and ORSC 22119 (10-934 Signature: Name and Tie / Jennefer ulso (Corporate Seal) n -Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner_ 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor with consent of the Owner, to perform and complete the Construction Contract; or 42 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and com- pletion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or Page 1 of 2 4.4 Waive its right to perform and complete, arrange for completion, Or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner, or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its Obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defec- tive work and completion of the Construction Contract; 6.2 Additional legal design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or 11 no liquidated damages are speci- fied in the Construction Contract. actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Con- tractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been fumished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract, 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) (Corporate Seal) SURETY Company: CONTRACTOR AS PRINCIPAL Company: Address: Name and Title: (Corporate Seal) Address: Name and Title: Signature: ORSC 22119 (10-93) Signature: Page 2 of 2 QLD RE LIC Ili***** Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, -a Wisconsin stock insurance corporation, does make, constitute acid appoint JAMES:: M.1:v11T3DENDORF �uTE'N L. ALLEN, JENNEFER. J JULISON, OF C L1' ITE, IA its true and lawful Attorneys)-in-Fact„with full power and au#horiffy not exceeding $10 $10,000,000;,':for.and on behalf of the company as sure] to execute and deliver and affix the seal;of the company thereto (if a seai is roquir , bonds; undertakings, recognizances or other written obligations in the nature:thereof (otherthan bail bonds, bank depository bonds, mortgage deficiency bonds mortgage guafenty bonds, guarantees of installment paper and note guaranty binds, elf -insurance workers compensation bonds guaranteeing payment of beneitts'aabeato ..abatement contract borsi.:was,te management bonds, hazardous waste remediation bonds or black lung bonds)as.11ows ALL WRITTEN .INSTRUMENTS IN AN AMOUNT NOT TO: EXCEED. AN AGGREGATE OF MILL ON DOLL RS ($1, 0 0 0 , 0 0 0) = FOR ANY SINGLE IGATION, REGARDLESS OF THE NUMBER O)' INSTRUMENTS ISSUED 'OR THE OBLIGATION, o bind OLD REPUBLIC: $URE'CY COMPANY thereby, and a#t; of the acts of said°Attorneys-inFaot, pursuant tt these presents, are i and confirmed. This'docume tt.is-not'valtd unless printed on -colored background and -is multi -colored This. appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the autharity of ;the:following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982.`'. .:` RESOLVED that, the president, any vice-president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -factor agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of thecompany to bonds, undertakings, recog- nizances, and suretyship. obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previousty granted to such person. RESOLVED FURTHER,that any bond, undertaking, iecognizance, or suretyship obkgation shalt bevalid and binding upon the Company (i) when signed by.:the president any vice ptesrcfe...ht or assistant vice president, and attested ark sealed (if a seal Ex requirexl) by:any secretaryor assistant (ii) when signedb the president, any vice pre identorassistatlt xlcepresident, secretaryoi assistant secretary, and courrterslgnedand sealed (ff a seal be 04)0'0) by a duly authorized attorney -in fact or agent, or (iii) when duly executed and sealed (if a seal -be required) by one or: more attorneys in=fact yr agents pursuant to and within the Iimrts of the autltority evidenced bythe Power of Attorney issuers by thecompany to such person or persons. RESOLVED FURTHEA,thatthe signature of any authorized officer andthe seal of the company may be affixed by facsimile to any P werof:Attorneyor certification thereof authorizing the execution and delivery of any.borrd, undertaking, iecognizaince,. or other suretyship obligations of the ccmpany;and such signature and seal when so used shall have the same force and effect though r#ianua1Iyaf#ixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused•:: these presents to be signed by its proper officer, and its affixedahks corporate seal to be 11TH day of NOVEMBER , 2 t};0 €3 RPUBL.!C SURETY COMPANY • Assistant Secret STATE OF WISCONSIN, COUNTY OR.,WAl*KESHA - SS President: `' On this 11TH day of NOVEMBER, 2008 personally came before me, GERALD C. LEACH and RICK A. JOHNSON to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are said officers of the corporation aforesaid, and that the seal affixed to the above;lnstrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to; the said instrument by the authority of the board of directors of said corporation CERTIFICATE Notary Pub o y commission expires: 01 / 18`1200 1, the undersigned, assistant secretary of the OLE) REPUBLIC- SURETY COMPANY,' a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Pbwer of Attorney, are now in force. 40-3995 o,,,.mu am,,, Signed and sealed at the City of BrOokfiel _t �unronare? Q MIDBENDORF Ipsix4g this ay o Assiste[lt secretary - IS DOCUM '.14 S COLORED BACKGROUND A 'D IS M LT -COLOR D 0 E FAC HE COMPANY LOGO APP W' •;p, , ,, _ • • • 11 S A WATERMAR aIF THESE FE1;TURE RE .BS .NT HIS DOCUMENT IS VOID ORSC 22262 (2/07) *^ (ipo* * * * * * * Bond # 0628347 PAYMENT BOND The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition). Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Nichols Construction Inc 883 Doris Dr Evansdale, IA 50707 OWNER (Name and Address): City of Waterloo, Iowa City Clerk 715 Mulberry St, Waterloo, IA 50703 CONSTRUCTION CONTRACT Date: 02/28/2014 Amount: $68,000.00 Description (Name and Location): BOND Date (Not earlier than Construction Amount: $68,000.00 Modifications to this Bond: El CONTRACTOR AS PRINCIPAL Company: Nichols Construction Inc Signature: FY2014 Cedar Vista Shelter Project Contract Date): 03/03/2014 None 0 See Page 2 (Corporate Seal) Name and Title: David R. Nichols, President (Any additional sionatures appear on Daae 2.) SURETY (Name and Principal Place of Business): Old Republic Surety Company 1503 42nd St - Ste 100 West Des Moines, IA 50266 SURETY Company: (Corporate Seal) Old Republic Surety Company ,-o Signature: Name and Erg: Jennefe J. J r>Utomey-In-Fact (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incor- porated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construc- tion Contract, provided the Owner has promptly notified the Con- tractor and the Surety (at the address described in Paragraph 12) of any claims; demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: ORIC 22114 (7-93) OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with sub- stantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment induded in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fur- nished or supplied or for whom the Tabor was done or performed; and .2 Have either received a rejection in whole or in part from the Con- tractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a daim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. Page 1 of 2 5 If a notice required by Paragraph 4 is given by the Owner to the Con- tractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed . 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construc- tion Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Perfor- mance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds eamed by the Contractor in the performance of the Construction Contract are dedicated to satisfy obli- gations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be Liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, pur- chase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) an which the last labor or service was performed by anyone or the last materials or equipment were fumished by anyone under the Construction Con- tract, whichever of (1) or (2) first occurs. If the provisions of this MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph are void or prohibited by law, the minimum period of limi- tation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statu- tory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly fumish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limi- tation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdic- tion where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Con- struction Contract or to perform and complete or comply with the other terms thereof. (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: Name and Title: Address: Signature: Name and Title: Address: Page 2 of 2 OLD LIC ** Surety Company'; KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint JAMES M`. MII ))NDORF,, ST7EN L . ALLEN, JENNE POWER OF ATTORNEY its true and lawful Attomey(s)•in-Fact; with full power acid au rorrty, not.exceedng $10,i0,000forand on behalf of the company as surety, to execute and deliver and affix the Seal .:r the company thereto {if a seal is raguiradl, bonds' undertakings, recognizances or other written obligations in the nature thereof (otherthan bail bonds, bankdepository bonds, mortgage deficiency bonds mortgage gueranty bonds, guarantees of installment paper and note guaranfy bonds, self insurance workers compensation bonds guaranteeing payment of benefits. asbestos'abatement contract bonds waste management bonds, hazardous waste remediation bonds or black lung bonds} as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO I;XCFED A AGGREGATE OF DNF ))?fILLONDC3LLR; ($1, 000, OOQ) — FOR ANY SINGLE i`RDLESS OF .,THE NUMBER OF INSTRUMENTS IS UED F`OR THE; OBLIGATION. fb bind OLD REPUBLIC:. SURETY COMPANY thereby, and AO the acts of said Attomeys-in Fact, pursuant to these presents, are', ra and confirmed. This documart is not valtd unless printed on colored background and is multi -Colored This appointment is made under and by authority of the board of directors ata special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the.company to bonds, undertakings, recog- nizances, and suretyship obligations of all kinds; and said officers may remove any such attorney.in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond, undertal4ng, recognizance, or suretyship obhgat n shall k eyelid and bmcfng updn'the Company (i) when signed by:the President, any vice president or assistant vice president, and attested and sealed t>f a seal be requusd) by any secretaryorassistant secretly or . dent, any vice president oras tent vice president, secretary or assistant secretary, and countersignedrstg edend seats {if a seal (ii) when signed bythe proal be ruin, by°a duly authorized attorney -in fecti<tragent;or ;. (iii) when' duly executed and seated (if a seal: be required) by one or more attorneys-in-factar agents pursuant to and within the bmrts of the authority evidenced. by'the Power of Attorney issued by the Company to such person or persons. RESOLVED F(JRTHER,thatthe signature of any authorized biker and the seal of the company may be affixed by facsimile to any Po of Attor� or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, car other suretyship obligations of the company, and aril signature and seal when so used shall have the same force and effect,as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused,these presents to be signed by its proper officer, and its corporate seal to be affixed.thts 11TH day of NOVEMBER, 2:00.: OLD REPUBLIC SURETY COMPANY Assistant Secretary STATE OF WISCONSIN, COUNTY OF WAUKESHA -- SS On this 11TH day of NOVEMBER, 2 008 , personally came before me, GERALD C. LEACH and RICK A. JOHNSON to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly svworrt, did severally depose and say; that they are said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation CERTIFICATE I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COP foregoing and attach Power of Attorney remains in full force and has not been revo directors set forth in the Power of Attorney, are now in force. 40-3995 .°"" 444". 4.esr aowo«,�o ned and sealed at the City of Broo Notary Public commission expires: 01 / 18'/200 ,.,.Y, Wisconsin corporation, CERTIFY that the and furthermore, that the Resolutions of the board of ONi ITH. B • Cli p . + 6bOCUM NT AS A WATERMAR ORSC 22262 (2/07) IFTH S F ATUR S AR ,ABS NT THIS DOCUMENT IS VO • NICCO02 OP ID: JJ ACORO" 4IIII CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 02/28/2014 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 Middendorf Insurance 8400 Hickman Rd. Clive, IA 50325-4320 James M. Middendorf CONTACT James M. Middendorf PHONE FAX (A/c. No. Ext):515-252-1414 (A/C, No): 515-252-7533 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :West Bend Mutual Ins. Co. LIABILITY COMMERCIAL GENERAL LIABILITY INSURED Nichols Construction Inc David R. Nichols 883 Doris Dr Evansdale, IA 50707 INSURER B : BCI1455502 INSURER C 06/01/2014 INSURER D : $ 1,000,000 INSURER E : $ 200,000 INSURER F : $ 10,000 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IP LTRR TYPE OF INSURANCE IA SR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YY Y) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X BCI1455502 06/01/2013 06/01/2014 EACH OCCURRENCE $ 1,000,000 DAMAG EMISEES RENTEDaoccurrence) PRTO (E $ 200,000 MED EXP (Any one person) $ 10,000 CLAIMS-MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE POLICY LIMIT APPLIES JET PER: LOC $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED SEDCD BCI1455502 06/01/2013 06/01/2014 COMBINED SINGLE LIMIT (Ea accident) 1,000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (PER PROPERTY DAMAGE$ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUI1455504 06/01/2013 06/01/2014 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ DED X RETENTION $ 0 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N N / A YQI1455503 06/01/2013 06/01/2014 X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) FY2014 Cedar Vista Shelter Project City of Waterloo Iowa is listed as an additional insured under the General Liability policy. CANCELLATION CITWA02 City of Waterloo, lowa Waterloo Leisure Services Comm City Clerk, City Hall 715 Mulberry St Waterloo, IA 50703 i 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 James M. Middendorf ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WEST BEND A MUTUAL INSURANCE COMPANY West Bend Mutual Insurance Company 1900 S. 18th Avenue l West Bend. WI 53095 POLICY NUMBER: BCI 1455502 02 CUSTOMER NO. 0110092924 R 123 ENDORSEMENT EFFECTIVE FEB. 28, 2014 ADDING ADDITIONAL INSURED & CG2010X TO GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ADDITIONAL INTEREST CITY OF WATERLOO, (SEE EXT) CITY CLERK, CITY HALL 715 MULBERRY ST WATERLOO, IA VARIOUS LOCATIONS FORM CG2010X APPLIES OWNERS, LESSEES OR CONTRACTORS ADDITIONAL INSURED HAS BEEN ADDED 50703 INSURED: NICHOLS CONSTRUCTION, INC 883 DORIS DR EVANSDALE, IA 50707 AGENCY: MIDDENDORF INS ASSOCIATES INC 14-450 POLICY PERIOD FROM: JUNE 01, 2013 TO: JUNE 01, 2014 ISSUED 03/07/14 ADDL INTEREST COPY WEST BEND A MUTUAL INSURANCE COMPANY West Bend Mutual Insurance Company 1900 S. 18th Avenue I West Bend. AV1 53095 CUSTOMER NO. 0110092924 Commercial Lines Policy R 123 POLICY NUMBER: BCI 1455502 02 ENDORSEMENT EFFECTIVE FEB. 28, 2014 ADDING ADDITIONAL INSURED & CG2010X TO GENERAL LIABILITY INSURED NAME: NICHOLS CONSTRUCTION, INC NAME EXTENSION - ADDITIONAL INSURED: FORM CG2010X APPLIES CITY OF WATERLOO, IOWA, WATERLOO LEISURE SERVICES COMM CITY CLERK, CITY HALL 715 MULBERRY ST WATERLOO, IA 50703 FORM NO. GLAI 02 09 ISSUED 03/07/14 ADDL INTEREST COPY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization(s): Location(s) of Covered Operations: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertis- ing injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured. If the name of the person or organization stated above includes any architect, engineer or surveyor, the following applies: The insurance with respect to such archi- tects, engineers, or surveyors does not apply to "bodily injury," "property damage," or "personal and advertising injury' arising out of the rendering of or the failure to render any professional services by or for you, including: CG 20 10 X 07 04 a. The preparing, approving, or failing to prepare or approve maps, drawings, opin- ions, reports, surveys, change orders, de- signs or specifications; and b. Supervisory, inspection, or engineering services. B. With respect to the insurance afforded to these additional insureds, the following additional ex- clusion applies: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. Contains material copyrighted by ISO, with its permission. West Bend Mutual Insurance Company West Bend, Wisconsin 53095 Page 1 of 2 If a written contract between you and the addi- tional insured specifically requires that this insur- ance be primary, then the insurance afforded by this endorsement is primary insurance and we will not seek contribution from any other insur- ance available to the additional insured named in this schedule unless the other insurance is pro- vided by a contractor other than the named in- sured. Then we will share with that other insur- ance by the method described below. If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. Page 2 of 2 If any of the other insurance does not permit con- tribution by equal shares, we will contribute by limits. Under this method, each insurers share is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all insurers. If no contract between you and the additional in- sured requires that this insurance be primary, then the coverage granted to the additional in- sured under this endorsement shall be excess over any other valid and collectible insurance. Copyright, Insurance Services Office, Inc., 1996 West Bend Mutual Insurance Company West Bend, Wisconsin 53095 CG 20 10 X 07 04