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HomeMy WebLinkAboutCedar Valley Corp - Cont. No. 1095 - 3.18.2024FORM OF CONTRACT FOR THE CONSTRUCTION OF F,Y. 2024 BROADWAY STREET RECONSTRUCTION PROJECT CITY OF WATERLOO, IOWA CONTRACT NO. 1095 This contract made and entered into this 18th day of March 20 2 by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and CEDAR VALLEY CORPORATION, of WATEROO, IOWA, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR, 3 PAR, 4 PAR. 5 PAR. 6 Contractor agrees to build and construct the FY 2024 BROADWAY STREET RECONSTRUCTION PROJECT, CONTRACT NO. 1095, and furnish all necessary tools, equipment, materials,. and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before DECEMBER 15, 2024, unless an extension of time is granted in writing by the Council of the City. Incentive will be paid to the contractor for substantial completion of this contract per the following schedule: Substantial completion of Contract on or before November 27, 2024 Incentive of $50,000 Substantial completion is defined as all work completed except grading associated with final grading and final seeding. 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 FORM OF CONTRACT Page 1 of 4 PAR, 7 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 he 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 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. FORM OF CONTRACT Page 2 of 4 PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $4,576.538.79. PAR, 17 After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to 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 3 of 4 CITY OF WATERLOO, IOWA Quertaa 9-tar( Mayor Kelley Felchle City Clerk DIGITALLY SIGNED Dicira LY SIGNED Ce L' vJ rd LGC Contractor Ad_o Title: Sf man Vip 18th ApproveraAii8pSity CotigAil of the City of Waterloo, Iowa, this day of , 20_7 ATTEST: Kelley Felchle DIGITALLY SIGNED City Clerk Waterloo, Iowa FORM OF CONTRACT Page 4 of 4 Bond No. 190055158 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Cedar Valley Corp., LLC of waterloo, IA (the "Principal"), and Liberty Mutual Insurance Company of Boston, MA (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Four Million Five Hundred Seventy Six Thousand Five Hundred Thirty Eight & 79/100 Dollars ($ 4,576,538.79 ), lawful money of the Ur ed hSta es2d9.4 the payment of said sum in connection with a contract (the "Contract") dated on or about arC I ' for the purpose of FY 2024 Broadway Street Reconstruction Project in the City of Waterloo, Iowa; Contract No. 1095 . 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: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to Tess 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. PEFORMANCE BOND Page 1 of 2 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 WITN.hWi-EFl4, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL Cedar Valley Corp., LLC Name By: Title: ,A,L c v /P SURETY Liberty Mutual Insurance Company Narne [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. PEFORMANCE BOND Page 2 of 2 (0 N C _ N :Q 0 2 co • a o= a`y> rum s c o °r O 0 O Q3 c(e N N O)as � o .c EQs O >, O > N 1- Z o Liberty Mutual SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the °Companies), pursuant to and by authority herein set forth, does hereby name, consfilute and appoint, Anne Crowner; Brian M. Deimerly; Cindy Bennett; Craig E. Hansen; Dione R. Young; Jay D. Preiennuth; John Cord; Kate Zanders; Sara Huston; Seth D. Rooker; Tim McCulloh Certificate No: 8210368-190056 all of the city of Waukee state of IA each individually if (here be more than one named, its two and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6111day of June , 2023 . Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company By: State of PENNSYLVANIA County of MONTGOMERY ss On this 6th day of Juno , 2023 before me personally appeared David M.Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Cssuully Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Commonwealth of Pennsyfania- Notary Seal Teresa Pastes, Nobly Public Montgomery County My commission expires March 28,2025 Commission number 1128044 PV j This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in hill force and effect reading as follows: ARTICLE IV— OFFICERS: Section 12. Power of Attorney. Any officer or other offidal of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Seaetary. My power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. My officer of the Company authorized for that purpose in writing by the chairman a the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By: David M. Carey, Assistant Secretary pz41,0 Imo i eresa Pastella, Notary Public Member, Pennsylvania Association of Notaries Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fad as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization— By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of , 2024. LMS-12873 LMIC OCIC WAIC Multi Co 02/21 Renee C. Llewellyn, Assistant Secretary • E G U N cY oc E , us N wa • CC a0 c E o N Q OC. • N > 1 co o co aoo O o c� m— U OO N ra a LL Bond No. 190055158 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Cedar Valley Corp., LLC (Name of Contractor) 2637 Wagner Road Waterloo, IA 50703 (Address of Contractor) a Corporation , hereinafter called Principal, and, (Corporation, Partnership or Individual) Liberty Mutual Insurance Company (Name of Surety) 175 Berkeley Street Boston, MA 02116 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo, Iowa (Name of Owner) 715 Mulberry Street Waterloo, IA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of Four Million Five Hundred Seventy Six Thousand Five Hundred Thirty Eight & 791100 Dollars,($4,576,538.79 ) 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 wh r as the Prin i al entered into a certain contract with the OWNER, dated the 18t day of mare 20 4 , a copy of which is hereto attached and made a part hereof for the construction of: FY 2024 Broadway Street Reconstruction Project in the City of Waterloo, Iowa; Contract No. 1095 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. 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. PAYMENT BOND Page 1 of 2 PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in Three(3) counterparts, each one of which, (nu er) shall be deemed an original, this the 18th day of marc 20 24 ATTEST: I VOWLVA Cy` . LUC. (Principal) Secretary (SEAL) Witnessas to Principal M — Ad (Address) ATT s to Surety Sara Huston 2727 Grand Prairie Parkway (Address) Waukee, IA 50263 Cedar Valley Corp., LLC (Principal) r By: I� 2637 Wagner Road (s) (Address) Waterloo, IA 50703 Liberty Mutual Insurance Company By: _ y _ �il/✓iQi(iU,/ in -Fact Kato Zanders 2727 Grand Prairie Parkway (Address) Waukee, IA 50263 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. PAYMENT BOND Page 2 of 2 Liberty Mutual SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8210360-190056 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the Stale of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Anne Crowner; Brian M. Deimerly; Cindy Bennett; Craig E. Hansen; Dione R. Young; Jay D. Preiennuth; John Cord; Kate Zanders; Sara Huston; Seth D. Rooker; Tim Meculloh all of the city of Waukee state of lA each individually if there be more than one named, its true and lawful attorney -in -fad to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or offidal of the Companies and the corporate seals of the Companies have been affixed thereto this 6th_ day of June 2023 . By: State of PENNSYLVANIA County of MONTGOMERY ss On this 6th day of June 2023 before me personally appeared David M.Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Commonweal or Pennsylvania - Notary Seal Teresa Pastel', Notary Pub c Montgomery County My commission expires March 28,2025 Commission numbei 1126044 Member. Pennsylvania Association of !Slants By: David M. Carey, Assistant Secretary erase Pastelia, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in MI force and effect reading as follows: ARTICLE IV —OFFICERS: Section 12. Power of Attorney. Any officer or other offidal of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. My power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any lime by the Board, the Chairman, the Resident or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surely Bonds and Undertakings. My officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as he chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings bonds, recognizances and other surely obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have MI power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Authorization — By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 2024. By: '� �4�`�^7�'• Renee C. Lleweltyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/21 C U O CO Cr E o U >� QCO (1) O N cc O O N 3 Co co aco O o cco ns U O 0) �a `ov wn PRODUCER Holmes Murphy & Associates 2727 Grand Prairie Parkway Waukee IA 50263 INSURED Cedar Valley Corp., LLC 2637 Wagner Road Waterloo, IA 50703 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 3/11/2024 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, 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). CONTACT NA AE: new DeVries PHONE FAX FAX Ext): 1LAIC, No): 19896766 ...-- E-MAILE1r1 ADDRESS: kdevries@holmesmurphy.com INSURER(S) AFFORDING COVERAGE NAIC 25623 INSURER A: Phoenix Insurance Company CEOVALPC4 INSURER B: Travelers Property Casually Ins Co INSURER C: West Bend Mutual Insurance Company NSURER D: 36161 15350 INSURER E : INSURER F: • UMBER: y Na- 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 ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRi RI TYPE OF INSURANCE ADOLISURR- MD Imo POLICY EFF I POLICY EXP POLICY NUMBER (MMIODIYYYY111MMIDDIYYYYI LIMITS A X I COMMERCIAL GENERAL LIABILITY t' OTCO3K475315PHX23 12/1/2023 12/1/2024 EACH OCCURRENCE 51,000,000 TO RENTED XJ DAMAGE PREMISES (Ea,occurrence)_ $ 500,000 CLAIMS -MADE OCCUR X MED EXP (Any one person) S 10,000 1 1000 PERSONAL &AOV INJURY S 1,000,000 APPLIES PER: GENERAL AGGREGATE I$2,000,000 GENT AGGREGATE LIMIT X JET ILOC !' I PRODUCTS -COMP/OPAGG $ 2,000,000 POLICY OTHER'. $ A I AUTOMOBILE LIABILITY 8101L1170632326G 12/1/2023 12/1/2024 COMBINEDtSINGLE (Ea accI LIMIT $11000,000 X ANY AUTO BODILY NJURY(Per person) $ - OWNED r - i SCHEDULED BODILY INJURY (Per accident)! $ `- - AUTOS ONLY __ HIRED r _ AUTOS NON -OWNED i PROPERTY DAMAGE I $ (Pec A AUTOS ONLY I... A AUTOS ONLY acci _ LIAB X CUP3K5758122326 12/1/2023 12/1/2024 EACH OCCURRENCE 510.000)000 B X UMBRELLA OCCUR EXCESS LIAR J AGGREGATE 1 $ 10,000,000 ' DED I X RETENTION CLAIMS -MADE. 5 l n non i C I WORKERS COMPENSATION I AND EMPLOYERS' LIABILITY Y(N A828488 12/1/2023 12/1/2024 X E.L.EACH I STATUTE ACCIDENT OE-RH L $ 500,000 I ANYPROPRIETOR)PARTNERIEXECUTIVE 1OFFICER/MEMBEREXCLUDED? Ill N/A! E.L. DISEASE - EA EMPLOYEE! $ 500,000 I (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below i E.L. DISEASE -POLICY LIMITI $ 500,000 ! I ' DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES The City of Waterloo, Iowa is an Additional (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) Insured on General Liability as required by written contract with the insured, per policy terms and conditions. la CIS I lrlbli I C nULtJClc "' •'•"'--. •.._.. City of Waterloo, Iowa SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 715 Mulberry Street Waterloo IA 50703 USA AUTHORIZED REPRESENTATIVE • 4.Lt Con- at, ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE