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HomeMy WebLinkAboutTodd Van Dorn Construction-4/28/2014CITY OF WATERLOO Council Communication City Council Meeting: April 28. 2014 Prepared: April 23, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2014 SIDEWALK REPAIR PROGRAM - ZONE 4 AND TRAIL REPAIRS AWARDING OF CONTRACT AND APPROVAL OF CONTRACTS, BONDS, & CERTIFICATE OF INSURANCE TODD VAN DORN CONSTRUCTION Contract No. 863 Submitted by: Wayne Castles Associate Engineer Recommended City Council Action: After review of the bids, it is being recommended that this contract, in the amount of $334,447.91, be awarded to TODD VAN DORN CONSTRUCTION, of Cedar Falls, Iowa, and that the Contract, Bonds, and Certificate of Insurance for this project be approved and signed. Summary Statement At the City Council meeting on April 21, 2014, bids were opened for the F.Y. 2014 SIDEWALK REPAIR PROGRAM - ZONE 4 AND TRAIL REPAIRS, Contract No. 863, with TODD VAN DORN CONSTRUCTION, of Cedar Falls, Iowa, as the apparent low bidder. The Contracts and Grants Coordinator has reviewed the items relating to the 2014 Contract Compliance Program requirements and determined that the requirements have been met. Transmitted herewith are four (4) copies of each of the Contract, Bonds, and Certificate of Insurance for approval and signatures of City officials. Expenditure Required $334,447.91 Source of Funds G.O. Bonds Policy Issue Alternative Background Information: FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2014 SIDEWALK REPAIR PROGRAM — ZONE 4 CITY OF WATERLOO, IOWA CONTRACT NO. 863 This contract made and entered into this 28th day of April , 2014 , by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and TODD VAN DORN CONSTRUCTION of Cedar Falls, Iowa, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 Contractor agrees to build and construct the FY 2014 SIDEWALK REPAIR PROGRAM — ZONE 4 (BASE BID + ALTERNATE), Contract 863 and fumish 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. FORM OF CONTRACT PAGE 1 OF 5 PAGES PAR. 4 PAR. 5 PAR. 6 PAR. 7 PAR. 8 PAR. 9 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 September 12, 2014 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 therefor 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 signals 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. 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 in 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. FORM OF CONTRACT PAGE 2 OF 5 PAGES PAR. 10 PAR. 11 PAR. 12 PAR. 13 PAR. 14 PAR. 15 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. 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. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or fumish 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. The Contractor agrees to fumish 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. 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. 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. FORM OF CONTRACT PAGE 3 OF 5 PAGES PAR. 16 PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 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 $334,447.91. 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. 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. 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. 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 remedy 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. 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. FORM OF CONTRACT PAGE 4 OF 5 PAGES CITY OF W ERLOO, IOWA Ma or City Clerk Todd Van Dorn Construction Contractor Title: ,a AjA) Approved by the City Council of the City of Waterloo, Iowa, this epac day of £qa.Q, , 20. ATTEST: > , City Clerk Waterloo, Iowa FORM OF CONTRACT PAGE 5 OF 5 PAGES PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Todd Van Dom Construction (Name of Contractor) 5212 N Union Rd., Cedar Falls, IA 50613 (Address of Contractor) a Individual (Corporation, Partnership or Individual) and, AMCO Insurance Company , hereinafter called Principal, (Name of Surety) 1100 Locust St. Des Moines IA 50391 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) 715 Mulberry, Waterloo, IA 50703 (Address of Owner) hereinafter called OWNER. in the penal sum of Three Hundred Thirty four thousand four hundred forty seven and 91/100 Dollars,($ 334,447.91 ) 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 28th day of April 2014 , a copy of which is hereto attached and made a part hereof for the construction of: FY 2014 Sidewalk Re air Pro ram — Zone 4 Base Bid + Alternate Contract 863 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. 990-8 170A 930-1 6ZPZ11Z61S 00 SNI N3SOYW'813{ f18E-woJd wd17:30 71-77-70 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 4 counterparts, each one of (number) which shall be deemed an original, this the 28th 2014 ATTEST: (Principal) Secretary day of April Todd Van Dorn Construction (SEAL) By Witness as to Principal 3)e T? y (Address) CV , —4-400, Joctie, ATTEST: Wi ness to Surety Principal 5212 N Union Rd (s) (Address) Cedar Falls, IA 50613 AMCO Insurance Company Surety By 9), AAJO Attorney -in -Fact A/C4'./i'Z > 1100 Locust St .310g (Address) addit (Address) Des Moines, IA 50391 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: �9 -IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an lowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: Steven C. Schomaker, Scott Cessna, Brian J. Brumm.el, Rhonda R. Schrage, Joan M. Brown, Katie Wirtjes each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of Five Hundred Thousand Dollars and No/100 $500,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 13th day of February , 2014 . 4.1111111 4rIalli 41t��a°t'' xI111 •.•......., ,1 /', SEAL 0 SEAL J 0 SEAL' 0 j .SEAL � /aelte' °°°° G 1 pi, , �1 .� dy c,�% • SEAL.;1 •/ ..SEAL: °74.y i4. l 1,,¢ ;=I Terrance Williams, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance Company ACKNOWLEDGMENT STATE OF IOWA, COUNTY OF POLK: ss On this 13`h day of February , 2014 , before me came the above-named officer for the Companies aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Companies. Sandy Alitz Notarial Seal — Iowa Commission Number 152785 My Commission Expires March, 24, 2017 Notary Public My Commission Expires CERTIFICATE March 24, 2017 I, Robert W Horner III, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this 23rd day of April , 20 14 . This Power of Attorney Expires March 24, 2017 BDJ 1(03-14) 00 Secretary PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Todd Van Dom Construction of 5212 N Union Rd., Cedar Falls, IA 50613 (The "Principal"), and AMGO Insurance Company of 1100 Locust St, Des Moines, IA 50391 (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Three hundred thirty four thousand four hundred forty seven and 91/100 Dollars ($ 334,447.91), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about April 28, 2014 for the purpose of FY 2014 Sidewalk Repair Program —Zone 4 (Base Bid + Alternate), Contract 863. The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2 Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder. or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term 'balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced. Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: Performance Bond Page 1 of 2 990—i 80*d 9Z0-1 6Z7Z11Z618 30 SNI N3SOVW'81311110NEI—woad wdZV:ZO VI—VZ-70 1 To any extension of time to the Contract in which to perform the Contract. 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. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of April 28, 2014 PRINCIPAL SURETY Todd Van Dorn Construction AMCO Insurance Company Name Name By: , ! By glahne Title: Owner Title: Attorney in Fact [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 2 of 2 KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: Steven C. Schomaker, Scott Cessna, Brian J. Brummel, Rhonda R. Schrage, Joan M. Brown, Katie Wirtjes each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of Five Hundred Thousand Dollars and No/100 5500,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 13`h day of February 2014. 1 "• Gro' ,67 Are'.. •?yr, (Siit.t /,.SEAL;, /,SEALi,i /;:SEAL ,- i SEAL 1 t Nvirto• kat:, an.?cp�ir, Ions ?!xy, IS.. SEAL, * O / :.SEAL; Terrance Williams, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance Company ACKNOWLEDGMENT STATE OF IOWA, COUNTY OF POLK: ss On this 13`h day of February , 2014 , before me came the above-named officer for the Companies aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Companies. _ Sandy Alitz Notarial Seal — Iowa Commission Number 152785 My Commission Expires March, 24, 2017 Notary Public My Commission Expires CERTIFICATE March 24, 2017 I, Robert W Horner III, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this 23rd day of April , 20 14 . This Power of Attorney Expires March 24, 2017 BDJ 1(03-14) 00 P4 --w >l Secretary A� ®r CERTIFICATE OF LIABILITY I INSU NC 4/24/2014 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Ies) must 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), FRODUCEa Bruttunel Madsen & Associates ubVEAcr Rhonda Schrage ,A,� N Exit (319)266-2644 (A/G Nv) (319)177-2419 318 MaiU Street ADDRE33_rhondas@brummelmadeen.com P.O. Box 399 Cedar Falls IA 50613 INSURER(S) AFFORDIN$ GOVs AGE MAIC IusuptAA Integrity Mutual Insurance 14303 INSURED Todd Van Dorn, DBA: Todd Vail Dorn Conn truction 5212 N. Union Rd Cedar Falls IA 50613 INSURER B - 4/1/2015 INSUaERC' $ 1,000,000 INSURED D $ 100,000 Mst/am E INSURER F: MED EXPlAr+rOMDemon) CERTIFICATE NUMBER:14-15 • 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 OP 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 15 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AbDL INSR SUeN 'AM P POLICY NUMBER POLICY EFF (&tM/DD/YYYYI POLICY EXP (MM/Ob rwYl UMTS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILrly X X( 071220355 4/1/2014 4/1/2015 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENT 0 PREyy ES (FA oortmo c) $ 100,000 CLAIMS -MADE I S I OCCUR MED EXPlAr+rOMDemon) g 5,000 PERSONAL&ADVIN,IURV $ 1,000, 000 GENERALAGGPEGATE 3 2,000, 000 GEN'L AGGREGATE UAWAP�PLIEjS °ER A l POLICY 1 I JE7T I IEI LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X LLABILITV ANY AUTO uTOWNED SNONLWArNED HIRED AUTOS ^ - SSCCHEODULED AUTOS CA1220356 4/1/2014 4/1/2013 COMBINED sitTGLc UMrr (Eaaockdeno 5 11000_, 000 $ BODILY INJURY (Per Dorsa•) BODILYINJURY (Pm.acc�dar.f) s PROPERLY bAMAGE Me'FlCrIIIP.I $ Wei or Subropat.on Peterson A X UMBRELLA LIAO EXCESS UAB X OCCUR CLAIMS-MAOE CV5,1220353 4/1/2014 4/1/2015 EACH OCCURRENCE $ 2,000.000 AGGREGATE $ DED X RETENTON$ ° 5 A WORXEDS COMPENSATON AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNERIEXECUTIVE OFGICERmnEMBEREXCLUDED, (Mandatory In NH) 1f yyea dascnbo undo, DESCRIPTION OF OPERATIONS below NIA �CP1220354 4/1/ 014 4/1/2015 x_ WCS ER. E L EACH ACCIDENT 5 500,000 E L D13EASE - EA EMPLOYE6 $ S O 0 000 E L DISEASE - POLICY LIMIT $ 500 000 DESCRIPTION OF OPERATIO'^I$ r LOCATION$ / VEHICLES (Attach ACORD I101. Additional RonthhA Schedule_ N.none apace l& ropulrod) City of Waterloo is named as additional insured on the General Liability CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry Waterloo, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Scott Cessna/RHON ACORD 25 (2010105) INS025 acmes) o+ 59O—d O1'd 9ZO-1 p 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 6ZPZ11Z618 00 SNI N3SaV11713111M1—woad wdZV:ZO P1—PZ—PO