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HomeMy WebLinkAboutLodge Construction - Cont. No. 1010 - 6/21/2021 FORM OF CONTRACT FOR THE CONSTRUCTION OF FY 2021 UPTON AVENUE & CARRIAGE HILL DRIVE STORMWATER IMPROVEMENTS CITY OF WATERLOO, IOWA CONTRACT NO. 1010 This contract made and entered into this 21 day of 20A by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and LODGE CONSTRUCTION, INC. of CLARKSVILLE IA (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the F.Y. 2021 UPTON AVENUE & CARRIAGE HILL DRIVE STORMWATER IMPROVEMENTS Contract No. 1010, and furnish all necessary tools, equipment, materialss 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. PAR. 2 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. PAR. 3 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. PAR. 4 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 1 by the City and which is by reference made a part of this contract. E FORM OF CONTRACT PAGE 1 OF 5 PAGES PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" . Substantial completion shall be on or before November 19 , 2021 and final completion shall be on or before May 27, 2022, unless an extension of time is granted in writing by the Council of the City. PAR , 6 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. PAR , 7 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. PAR. 8 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. PAR . 9 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. 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 FORM OF CONTRACT PAGE 2 OF 5 PAGES 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 s 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 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 $312,862.50 . 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 forwork 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 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 . 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. FORM OF CONTRACT PAGE 4 OF 5 PAGES CITY OF WATERLOO, IOWA Mayor Kelley �elchle City Clerk LODGE CONSTRUCTION, INC. Contractor BY: Title: P�r�s'cle Approved by the City Council of the City of Waterloo, Iowa, this 21 day of June ' 2021 ATTEST: Kele �elchle �� City Clerk Waterloo, Iowa i FORM OF CONTRACT PAGE 5 OF 5 PAGES Bond No, 2320180 Document A312 TM — 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Paine, legal status and address) (Name, legal status andprincipal place ofbusiness) Lodge Construction, Inc. North American Specialty Insurance Company P.O. Box 459 1200 Main Street, Suite 800 Clarksville, IA 50619 Kansas City, MO 64105 This document has Important legal consequences. Consultation with Mailing Address for Notices an attorney Is encouraged with 1200 Main Street, Suite 800 respect to its completion or Kansas City, MO 64105 modlOcatlon. OWNER : Any singular reference to (Mame, legal status and address) Contractor, Surely, Owner or Cit of Waterloo, Iowa other party shall be considered Y plural where applicable. 715 Mulberry Street Waterloo, IA 50703 CONSTRUCTION CONTRACT Date: Amount: $ $312,862.50 (Three Hundred Twelve Thousand Eight Hundred Sixty-two And 50/100) Description: F.Y. 2021 Upton Avenue and Carriage Hill Drive Stormwater Improvements, Contract No. 1010, Waterloo, (Nivne and location) Iowa BOND Date: (Not earlier than Constmetlon Contract Date) Amount: $ $312,862.50 (Three Hundred Twelve Thousand Eight Hundred Sixty-two And 50/100) Modifications to this Bond: ® None See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (CaporateSeal) Company: (CapanteSeal) Lodge Construction, Inc. North American Specialty Insurance Company Signature: --If / zz_ Signature: veLod Q S ache Christensen Name Name Attorney-In-Fact and Title: � and Title; 2St' d (Any additional signatures appear on the last page of this Pehforumnce Bond.) (FOR .GYFolwaIONONL ' — Nage, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE : (Architect, Engineer or other party:) Holmes, Murphy and Associates, LLC 2727 Grand Prairie Parkway Waukee, IA 50263 (515) 223-6800 S-1852/AS 8/10 § 1 The Contractor and Surety, jointly and severally, bind themselves, dneir heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2I the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3I there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3. 1 shalt be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surely agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies die Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 6 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through Its agents or independent contractors; § 6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners 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 Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 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, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven 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 Section 5.4, and the Owner refuses the payment 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. SA852/AS 8110 § 7I the Surety elects to act under Section 5. 1 , 5.2 or 5.3, 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. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correct ton of defective work and completion of the. Construction Contract; .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 Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8I the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall notbe liable to the Owner orothers 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 accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 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. § 11 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 a declaration of Contractor Default or within two years after the Contractor 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 Imv, the minimum period of limitation available to sureties as a defense in thejurisdiclion of the suit shall be applicable. § 12 Notice to the Surely, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 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 Band conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have boon 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 behai f of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 16 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the tern Owner shall be deemed to be Contractor. S4852/AS 8/10 § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures ofadded parties, other than those appearing on the coverpage.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Coipmvie Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-18521AS 8110 Bond No, 2320180 Document A312 TM — 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: SURETY: (Watne, legal slants and address) (Nance, legal status and principal place of business) Lodge Construction, Inc. North American Specialty Insurance Company P.O. Box 459 1200 Main Street, Suite 800 Clarksville, IA 50619 Kansas City, MO 64105 This document has important legal consequences. Consultation with Mailing Address for Notices an attorney Is encouraged with 1respect to its completion or 200 Main Street, Suite 800 modification. OWNER: Kansas City, MO 64105 Any singular reference to (Maute, legal status and address) Contractor, Surely, Owner or City of Waterloo, Iowa other party shall be considered plural where applicable. 715 Mulberry Street Waterloo, IA 50703 CONSTRUCTION CONTRACT Date: Amount: $ $312,862.50 (Three Hundred Twelve Thousand Eight Hundred Sixty-two And 50/100) Description: F.Y. 2021 Upton Avenue and Carriage HIII Drive Stormwater Improvements, Contract No. 1010, Waterloo, (Nmne and location) Iowa BOND Date: (Not earlier than Construction Contract Date) Amount: $ $312,862.50 (Three Hundred Twelve Thousand Eight Hundred Sixty-two And 501100) Modifications to this Bond: ® None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (CoiporaleSeal) Company: (Corporate Seal) Lodge Construction, Inc. North American Specialty Insurance Company ! 'Z" Signature: Signature: 7 (- Name Isic Bodge Nemo Stacie Christensen and Title: and Title:and QC 2S60 (Any additional signaaa•es appear on the Iasi page of this Payment Bond) (FOR INFOR,VATlON ONLY — Nance, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE : Holmes, Murphy and Associates, LLC (Architect, Engineer or orherparly.) 2727 Grand Prairie Parkway Waukee, IA 50263 (515) 223.6800 S-2149/AS 8110 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to die Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 I the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 if there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner tinder this Bond shall arise after the Owner has promptly notified the Contractor and the Surely (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment famished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 when the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shalt arise after the following: § 6.1 Claimants, who do not have a direct contract with the Contractor, .1 have famished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having lust performed labor or last furnished materials or equipment included in die Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 6.2 Clahm ants, who arc employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-paynnent required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Cluimant's obligation to furnish a written notice of non-payment under Section 5.1 .1 . § 7 When a Claimant has satisfied the conditions of Sections 5. 1 or 5.2, whichever is applicable, the Surety shall promptly and ut the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7. 1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement, If, however, the Surety fails to discharge its obligations under Section 7. 1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shalt not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety, § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. S-2149/AS 8/10 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that we unrelated to the Construction Contract. 'Iho Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surely hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competentjurisdiction in the state in which the project that is the subject of the Construction Contract-is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1 .2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of(1) or (2) first occurs. 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. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears, Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 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 statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 16 Upon request by any person or entity appearing to be a potential beneficiary of.this Bond, the Contractor and Owner shall promptly famish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Clalm. A written statementby the Claimant including at a minimum: .1 the name of the Claimant .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; 46 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount Gamed by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount ofprevious payments received by the Claimant; and ,8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 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 Construction Contract. The term Claimant also includes any Individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of Oils Bond shall be to include without limitation 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 jurisdiction where the labor, materials or equipment were furnished, § 16,3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents, 8-2149/AS 8110 § 16.4 Owner Default, Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor mid subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor mid the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seat) Signature: Signature: Name and Title: Name and Title: Address Address S-2149/AS 8110 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint JAY D. FREIERMUTH, CRAIG E. HANSEN, BRIAN M. DEIMERLY, SHIRLEY S. BARTENHAGEN, CINDY BENNETT, ANNE CROWNER TIM MCCULLOH, STACY VENN, DIONE R. YOUNG, WENDY A. LEWIS, and STACIE CHRISTENSEN JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of ONE HUNDRED TWENTY FIVE MILLION (,$ 125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011 . "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney mid to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." `eN ridauI y/phi/� ASIGN In �oltimi a 3yQ &POR,jn;VsGy l �P0oaporty�I� Steven �— At,N Fes _ 3V,VI �+ C`•.Y� Sf Anderson, Senior Ice rest ent oWashington International Insurance Company ce • ' "q� = ? SEAL : m = - o; SEAL € & Senior VicePresiaentofNorthloericaseSpeciarlybanraceCompany �s�f V4/v tie �z� 1873 a+� �'• n & Senior Vice Preaiaem onve,lpor minium¢¢ Corporation ffiB � a 1� t %H�yoN r A�\a1`\,� y'9a ` . *�a By / _ , / '.,�8�(IV ar Alike A. Ito, Senior Vice President of Washigton International Insurance Compmry •prr ////Irfnlal\\\\\ //NMIe11 & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 3RD day of DECEMBER 20 20 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook SS: On this 3RD day of DECEMBER 20 201 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. IV OFFICIAL SEAL ,pt Ndary �n Me KENNY of :Ilino . N'' cniamaio°si p"" M. Kenny, Notary Public i .'1 I, Jeffrey Goldberg the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a time and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington Intemational Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, 1 have set my hand and affixed the seals of the Companies this _ day of // Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty helmsmen Company & Vice President & Assistant Secretary of Westport Insurance Correction LODGCON-01 JBONEWITZ (MMIDD,�►�R® ° CERTIFICATE OF LIABILITY INSURANCE DATE 6/15/202n1) 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 have ADDITIONAL INSURED provisions or 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 CONTACT NAME,.._.. The Accel Group LLC I 301 Oak Ridge Circle (AHCC,Nri, Ext): (319) 352-2880 (AAlc, Ne):(319) 365-6919 AI Waverly, IA 50677 a DRESS, certs@acceladvantage.com _ INSURERS) AFFORDING COVERAGE NAICN _ INSURERA : Addison Insurance Company _ 10324 INSURED INSURERS : _ Lodge Construction, Inc. INSURER C : PO Box 459 INSURER D : Clarksville, IA 50619 - - INSURER E NSURERF : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 15 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. INSR TYPE OF INSURANCE ADDLSUSR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MMIDOMW MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 17000,000 CLAIMS-MADE X OCCUR60488193 3/16/2021 3/16/2022 DAMAGE TO RENTED 100,000 X PREMISES Ea occurcence)_ $ MED EXP Ano $ 51000 PERSONAL & ADV INJURY S 110001000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 27000,000 11 POLICY El jR2O 1:1 LOC PRODUCTS - COMP/OP AGG $ 2,0001000 OTHER' I $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 11000000 X ANY AUTO 60488193 3/16/2021 3/16/2022 BODILY INJURYPer er $ OWNED SCHEDULED son AUTOS ONLY AUTOS yyN BODILY INJURY Per accident $ X AUT OS ONLY X AUTOE ONLY PPe�accitle DAMAGE $ 5 i A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 530009000 EXCESS LIAB CLAIMS-MADE 60488193 3/16/2021 3/1612022 AGGREGATE $ 5'000'000 DED RETENTIONS $ A WORKERS COMPENSATION X PEATUTE EOR11 AND EMPLOYERS' LIABILITY YIN 60488193 3116/2021 3/16/2022 500,000 OFFICERNREMBER EXCLUDED?ECUTIVE ❑ N / A E.L. EACH ACCIDENT $ 500000 (Mandatory in NH) E.L. DISEASEEAEMPLOYE 5 ,_. If yes, describe under 50p000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES fACORD 101, Additional Remarks Schedule, may be attached if more space is required) '.. Project: F.Y. 2021 Upton Avenue & Carriage Hill Drive Stormwater Improvements, Waterloo, IA; Contract No, 1010 Additional insured: City of Waterloo CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE C( of Waterloo THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. 715 Mulberry St, Waterloo, IA 50703 AUTHORIZED REPRESENTATIVE ;Zr n* OF ACORD 25 (2016/03) © 1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD