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HomeMy WebLinkAboutBID FORM SECTION 00 4100 BID FORM FILL OUT IN INK To: City of Waterloo Waterloo City Hall 715 Mulberry Street Waterloo, Iowa 50703 For: City of Waterloo Buildings Flood Mitigation Design The undersigned hereby proposed to furnish all labor and materials required to perform the work required for the CITY OF WATERLOO BUILDINGS/FLOOD MITIGATION DESIGN in strict accordance with the drawings and specifications prepared by Gilmor&Doyle, Ltd Mechanical/Electrical Consulting Engineers, 214 E. 4th Street, Waterloo, Iowa 50703. BASE BID: This project is to install sump pumps for City of Waterloo Flood Mitigation located in Waterloo City Hall Building, City Annex Building,Waterloo Public Library, and Waterloo Youth Pavilion. $ 115,850.00 One hundred fifteen thousand eight-hundred fifty and no cents (written out) Project to be Completed: Shall be completed by 07-14-10 If completion dates are not feasible, contractor is to state the revised dates as follows: a. (date) This contractor shall acknowledge the receipt of Addendum(s) two (2) (how many)which shall become a part of the contract documents and shall be included in the Base Bid. Dated at Waterloo , Iowa this 15t1h day of March ,2010. FIRM: Plumb Tech Inc. r BY: % z_ � _(signature). END OF SECTION City of Waterloo Buildings 00 4100 Flood Mitigation Design BID FORM - 1 THE AMERICAN INSTITUTE OF ARCHITECTS nw Bond No. IAC 63721 AJA Document A3 12 Performance Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Merchants Bonding Company(Mutual) Plumb Tech,Inc. 2100 Fleur Drive 3261 W Airline Hwy Des Moines IA 50321-1158 Waterloo,IA 50703 OWNER(Name and Address): City of Waterloo 715 Mulberry Street Waterloo,IA 50703 CONTSTRUCTION CONTRACT Date: March 24,2010 Amount: $115,850.00 Description(Name and Location): Flood Mitigation For Various Buildings BOND Date(Not earlier than Construction Contract Date): April 28,2010 Amount: $115,850.00 Modifications to this Bond: 5 None El See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Plumb Tech,Inc. Merchants Bonding Company(Mutual) Signature: Signature: 3 J\ t J Name and Title: Name and Title: Janet Willard Attorney-In-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer or other party): PEDERSEN-DOWIE-CLABBY MCCAUSLAND INS,PO Box 2597 Gilmor&Doyle,Ltd. Waterloo,IA 50704 214 E.4th Street 319-234-8888 Waterloo,IA 50703 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BONO • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 1 1 The Contractor and the Surety,jointly and severally, bind .1 After investigation, determine the amount for themselves, their heirs, executors, administrators, which it may be liable to the Owner and, as soon successors and assigns to the Owner for the performance as practicable after the amount is determined, of the Construction Contract, which is incorporated herein tender payment therefore to the Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, the Owner citing reasons therefore. Surety and the Contractor shall have no obligation under 5 If the surety does not proceed as provided in Para-graph this Bond, except to participate in conferences as provided 4 with reasonable promptness, the Surety shall be deemed in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety 3 If there is no Owner Default, the Surety's obligation demanding that the Surety perform its obligations under this under this Bond shall arise after: Bond, and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as Surety at its address described in Paragraph 10 provided in Subparagraph 4.4, and the Owner refuses the below that the Owner is considering declaring a payment tendered or the Surety had denied liability, in Contractor Default and has requested and attempted whole or in part, without further notice the Owner shall be to arrange a conference with the Contractor and the entitled to enforce any remedy available to the Owner. Surety to be held not later than fifteen days after receipt of such notice to discuss methods of per- 6 After the Owner has terminated the Contractor's right to forming the Construction Contract. If the Owner, the complete the Construction Contract, and if the Surety Contractor and the Surety agree, the Contractor shall elects to act under Subparagraph 4.1,4.2, or 4.3 above, be allowed a reasonable time to perform the then the responsibilities of the Surety to the Owner shall Construction Contract, but such an agreement shall not be greater than those of the Contractor under the not waive the Owner's right, if any, subsequently to Construction Contract, and the responsibilities of the declare a Contractor Default; and Owner to the Surety shall not be greater than those of the 3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract. To the limit of the formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be Owner of the Balance of the Contract Price to mitigation of declared earlier than twenty days after the Contractor costs and damages on the Construction Contract, the and the Surety have received notice as provided in Surety is obligated without duplication for: Subparagraph 3.1; and 6.1 The responsibilities of the Contractor for cor- 3.3 The Owner has agreed to pay the Balance of the rection of defective work and completion of the Con- Contract Price to the Surety in accordance with the struction Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in 6.2 Additional legal, design professional and delay accordance with the terms of the contract with the costs resulting from the Contractor's Default, and Owner. resulting from the actions or failure to act of the 4 When the Owner has satisfied the conditions of Surety under Paragraph 4; and Paragraph 3,the Surety shall promptly and at the Surety's 6.3 Liquidated damages, or if no liquidated damages expense take one of the following actions: are specified in the Construction Contract, actual damages caused by delayed performance or non- 4.1 Arrange for the Contractor, with consent of the performance of the Contractor. Owner, to perform and complete the Construction Contract; or 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the 4.2 Undertake to perform and complete the Con- Construction Contract, and the Balance of the Contract struction Contract itself, through its agents or through Price shall not be reduced or set off on account of any independent contractors; or such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner 4.3 Obtain bids or negotiated proposals from qualified contractorsor its heirs, executors, administrators or successors. acceptable to the Owner for a contract for performance and completion of the Construction 8 The Surety hereby waives notice of any change, inclu- Contract, arrange for a contract to be prepared for ding changes of time, to the Construction Contract or to execution by the Owner and the contractor selected related subcontracts, purchase orders and other obli- with the Owner's concurrence, to be secured with gations. performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the 9 Any proceeding, legal or equitable, under this Bond may Construction Contract, and pay to the Owner the be instituted in any court of competent jurisdiction in the amount of damages as described in Paragraph 6 in location in which the work or part of the work is located and excess of the Balance of the Contract Price incurred shall be instituted within two years after Contractor Default by the Owner resulting from the Contractor's default; or or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to 4.4 Waive its right to perform and complete, arrange perform its obligations under this Bond, whichever occurs for completion, or obtain a new contractor and with first. If the provisions of this Paragraph are void or reasonable promptness under the circumstances: prohibited by law,the minimum period of limitation avail- AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA® A312-1984 2 THE AMERICAN INSTITUTE OF ARCHITECHTS,1735 NEW YORK AVE.,N.W. WASHINGTON,D.C. 20006 able to sureties as a defense in the jurisdiction of the suit have been made including allowance to the shall be applicable. Contractor of any amounts received or to be received by the Owner in settlement of insurance or 10 Notice to the Surety, the Owner or the Contractor shall other claims for damages to which the Contractor is be mailed or delivered to the address shown on the entitled, reduced by all valid and proper payments signature page. made to or on be- half of the Contractor under the Construction Contract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig-- the construction was to be performed, any provision in nature page, including all Contract Documents and this Bond conflicting with said statutory or legal changes thereto. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 12.3 Contractor Default: Failure of the Contractor, requirement shall be deemed incorporated herein. The which has neither been remedied nor waived, to intent is that this Bond shall be construed as a statutory perform or otherwise to comply with the terms of the bond and not as a common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- 12.1 Balance of the Contract Price: The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. 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: Company: Plumb Tech, Inc. (Corporate Seal) (Corporate Seal) i hants Bonding Company(Mutual) Signature: 9,4' ure: L�� Name and Title: and Title: Janet Willard Attorney—In—Fact Address: 3261 W Airline HwyAde ;s: Pedersen—Dowie—Clabby McCausland Ins. Waterloo, IA 50703 PO Box 2597 Waterloo, IA 50704 319-234-8888 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA® A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W. WASHINGTON,D.C. 20006 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. IAC 63721 A1A Document A312 Payment Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Merchants Bonding Company(Mutual) Plumb Tech,Inc. 2100 Fleur Drive 3261 W Airline Hwy Des Moines IA 50321-1158 Waterloo,IA 50703 OWNER(Name and Address): City of Waterloo 715 Mulberry Street Waterloo,IA 50703 CONTSTRUCTION CONTRACT Date: March 24,2010 Amount: $115,850.00 Description(Name and Location):Flood Mitigation For Various Buildings BOND Date(Not earlier than Construction Contract Date): April 28,2010 Amount: $115,850.00 Modifications to this Bond: ❑ None ® See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Plumb Tech,Inc. Merchants Bonding Company(Mutual) Signature: Signature: '3 'r9A. * Name and Title: Name and Title: Janet Willard Attorney-In-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer or other PEDERSEN-DOWIE-CLABBY party). MCCAUSLAND INS,PO Box 2597 Waterloo,IA 50704 Gilmor&Doyle,Ltd. 319-234-8888 214 E.4th Street Waterloo,IA 50703 A1A DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. • AIA 0 THE AMERICAN INSTITUTE OF ARCHITECIS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4 1 The Contractor and the Surety, jointly and severally, 5 If a notice required by Paragraph 4 is given by the bind themselves, their heirs, executors, administrator, Owner to the Contractor or to the Surety, that is sufficient successors and assigns to the Owner to pay for labor, compliance. materials and equipment furnished for use in the 6 When the Claimant has satisfied the conditions of performance of the Construction Contract, which is Paragraph 4,the Surety shall promptly and at the Surety's incorporated herein by reference. expense take the following actions: 2 With respect to the Owner, this obligation shall be null 6.1 Send an answer to the Claimant, with a copy to and void if the Contractor: the Owner, within 45 days after receipt of the claim, 2.1 Promptly makes payment, directly or indirectly, stating the amounts that are undisputed and the for all sums due Claimants, and basis for challenging any amounts that are disputed. 2.2 Defends, indemnities, and holds harmless the 6.2 Pay or arrange for payment of any undisputed Owner from all claims, demands, liens or suits by any amounts. person or entity who furnished labor, materials or equipment for use in the performance of the 7 The Surety's total obligation shall not exceed the Construction Contract, provided the Owner has amount of this Bond,and the amount of this Bond shall be promptly notified the Contractor and the Surety (at credited for any payments made in good faith by the the address described in Paragraph 12) of any Surety. claims, demands, liens or suits and tendered defense 8 Amounts owed by the Owner to the Contractor under of such claims, demands, liens or suits to the the Construction Contract shall be used for the Contractor and the Surety, and provided there is no performance of the Construction Contract and to satisfy Owner Default. claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this 3 With respect to Claimants, this obligation shall be null Bond, they agree that all funds earned by the Contractor and void if the Contractor promptly makes payment, in the performance of the Construction Contract are directly or indirectly,for all sums due. dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to 4 The Surety shall have no obligation to Claimants under use the funds for the completion of the work. this Bond until: 4.1 Claimants who are employed by or have a direct 9 The Surety shall not be liable to the Owner, Claimants contract with the Contractor have given notice to the or others for obligations of the Contractor that are Surety (at the address described in Paragraph 12) unrelated to the Construction Contract. The Owner shall and sent a copy, or notice thereof, to the Owner, not be liable for payment of any costs or expenses of any stating that a claim is being made under this Bond Claimant under this Bond, and shall have under this Bond and, with substantial accuracy, the amount of the no obligations to make payments to, give notices on claim. behalf of, or otherwise have obligations to Claimants 4.2 Claimants who do not have a direct contract with under this Bond. the Contractor: 10 The Surety hereby waives notice of any change, .1 Have furnished written notice to the Contractor including changes of time,to the Construction Contract or and sent a copy, or notice thereof, to the to related subcontracts, purchase orders and other Owner, within 90 days after having last per- obligations. formed labor or last furnished materials or equipment included in the claim stating, with 11 No suit or action shall be commenced by a Claimant substantial accuracy, the amount of the claim under this Bond other than in a court of competent juris- and the name of the party to whom the mater- diction in the location in which the work or part of the work ials were furnished or supplied or for whom is located or after the expiration of one year from the date the labor was done or performed; and (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the .2 Have either received a rejection in whole or in last labor or service was performed by anyone or the last part from the Contractor, or not received within materials or equipment were furnished by anyone under 30 days of furnishing the above notice any the Construction Contract, whichever of (1) or (2) first communication from the Contractor by which occurs. If the provisions of this Paragraph are void or the Contractor has indicated the claim will be prohibited by law, the minimum period of limitation paid directly or indirectly; and available to sureties as a defense in the jurisdiction of the .3 Not having been paid within the above 30 days, suit shall be applicable. have sent a written notice to the Surety (at the 12 Notice to the Surety,the Owner or the Contractor shall address described in Paragraph 12) and sent be mailed or delivered to the address shown on the a copy, or notice thereof, to the Owner, stating signature page. Actual receipt of notice by Surety, the that a claim is being made under this Bond and Owner or the Contractor, however accomplished, shall be enclosing a copy of the previous written notice sufficient compliance as of the date received at the furnished to the Contractor. address shown on the signature page. AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA® A312-1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W. WASHINGTON,D.C. 20006 13 When this Bond has been furnished to comply with a The intent of this Bond shall be to include without statutory or other legal requirement in the location where limitation in the terms"labor, materials or equipment" the construction was to be performed, any provision in that part of water, gas, power, light, heat, oil, this Bond conflicting with said statutory or legal gasoline, telephone service or rental equipment used requirement shall be deemed deleted herefrom and in the Construction Contract, architectural and provisions conforming to such statutory or other legal engineering services required for performance of the requirement shall be deemed incorporated herein. The work of the Contractor and the Contractor's intent is that this Bond shall be construed as a statutory subcontractors, and all other items for which a bond and not as a common law bond. mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were 14 Upon request by any person or entity appearing to be furnished. a potential beneficiary of this Bond, the Contractor shall 15.2 Construction Contract: The agreement between promptly furnish a copy of this Bond or shall permit a copy the Owner and the Contractor identified on the to be made. signature page, including all Contract Documents and changes thereto. 15 DEFINITIONS 15.3 Owner Default: Failure of the Owner, which has 15.1 Claimant: An individual or entity having a direct neither been remedied nor waived, to pay the contract with the Contractor or with a subcontractor of Contractor as required by the Construction Contract the Contractor to furnish labor, materials or or to perform and complete or comply with the other equipment for use in the performance of the Contract. terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Section 6 is modified by adding section 6.3. 6.3 The Surety's failure to discharge its obligations under this Section 6 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a claim. However, if the Surety fails to discharge its obligations under this Section 6,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs to recover any sums found to be due and owing to the Claimant. (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: Plumb Tech, Inc. (Corporate Seal) (CoMerchants Bonding Company(Mutual) Seal) Signature: ► Signature: -Gnd& �� J Name and Title: s ' Name and Title: Janet Willard Attorney—In—Fact Address: 3261 W Airline Hwy. Address: Pedersen—Dowie—Clabby McCausland Ins. Waterloo, IA 50703 PO Box 2597 Waterloo, IA 50704 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•MAC A312-1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W. WASHINGTON,D.C. 20006 MERCHANTS BONDING COMPANY Bond#: IAC 63721 POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk,State of Iowa, hath made, constituted and appointed,and does by these presents make, constitute and appoint Janet Willard of Waterloo and State of IA its true and lawful Attorney-in-Fact,with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION($20,000,000.00)DOLLARS and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on November 16,2002. ARTICLE II, SECTION 8-The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9-The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and its corporate seal to be hereto affixed,this 22nd day of April , 2010 .•••\ttG C0 ••• MERCHANTS BONDING COMPANY(MUTUAL) • o? (�PUq. .09. • 0 •• 0• •. ' ' 1933 e• STATE OF IOWA • By 67Z1Z7 7:74, President COUNTY OF POLK ss. On this 22nd day of April 2010 .before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL), the corporation described in the foregoing instrument,and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. s to CINDY SMYTH Commission Number 173504 owe My Commission Expires March 16,2012 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Company on this 28th day of April , 2010 G 0,von 9q��y�. Secretary • • y• j 1933 •.•c; •�c� • �r• POA 0005 (1/09) THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A310 Bid Bond Bond No.:IAC 63721 KNOW ALL MEN BY THESE PRESENTS, that we Plumb Tech,Inc. 3261 W Airline Hwy,Waterloo,IA 50703 as Principal, hereinafter call the Principal, and Merchants Bonding Company(Mutual) 2100 Fleur Drive Des Moines,IA 50321-1158 a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto City of Waterloo 715 Mulberry St.,Waterloo,IA 50703 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Bid Amount Dollars ($ 5.0% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Flood Mitigation For Various Buildings NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 15th day of March 2010 XX)t Plumb Tech,Inc. (� it �;� �, r C (Principal) (Seal) (Witness) (Title) Merchants Bonding Company(Mutual) ft Gf (Surety) (Seal) (Witness) Donna LaPole (Title) Janet Willard Attorney-in-Fact AIA DOCUMENT A310•BID BOND•AIA®•FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE., N.W.,WASHINGTON D.C.20006 1%\ MERCHANTS BONDING COMPANY Bond#: IAC 63721 POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk,State of Iowa,hath made, constituted and appointed,and does by these presents make,constitute and appoint Janet Willard of Waterloo and State of IA its true and lawful Attorney-in-Fact,with full power and authority hereby conferred in its name, place and stead,to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION($20,000,000.00)DOLLARS and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on November 16,2002. ARTICLE II,SECTION 8-The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II,SECTION 9-The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and its corporate seal to be hereto affixed,this 18th day of June , 2009 , •• .• ....�\`.G CO4/• MERCHANTS BONDING COMPANY(MUTUAL) )••.C) POg9.9y • • • •V / .<• :•~'2 -0- �' • • 1933 ��c; By • • STATE OF IOWA •• •' President COUNTY OF POLK ss. On this 18th day of June , 2009 .before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL), the corporation described in the foregoing instrument,and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year first above written. CINDY SMYTH j4(d f I Commission Number 173504 cw. My Commission Expires i March 16,2012 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Company on this 15th day of March , 2010 •...... •O\NG Ohl• o.• %� �✓�� ��; 00•ORPO,gq'9y� Secretary • ••�:? -0 • - •1• 1933 .•c; • J. :.,• ACORD CERTIFICATE OF LIABILITY INSURANCE 4�2e7D ) PRODUCER (319)352-2880 FAX: (319)352-2075 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE First Insurance Services/The ACCEL Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 300 E Bremer Ave ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 269 Waverly IA 50677 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:United Fire & Casualty 13021 PLUMB TECH INC INSURER B: 3261 W AIRLINE HWY INSURERC: INSURER D: WATERLOO IA 50703-9592 INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR JNSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) $ A CLAIMS MADE X OCCUR 60056082 4/27/2010 4/27/2011 MED EXP(Any one person) $ 5,000 X XCU PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) A ALL OVVNED AUTOS 60056082 4/27/2010 4/27/2011 BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ (Per accident) X NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 5,000,000 A DEDUCTIBLE 60056082 4/27/2010 4/27/2011 $ RETENTION $ $ A WORKERS COMPENSATION AND WC STATU- X TORY LIMITS OTH- EREMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? 30302711 4/27/2010 4/27/2011 If yes,describe under E.L.DISEASE-EA EMPLOYEE$ 500,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 A OTHER Contractors Errors 60056082 4/27/2010 4/27/2011 100,000 each claim & Omissions 200,000 aggregate DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Owner: City of Waterloo, is listed as an additional insured as required by contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Waterloo EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 715 Mulberry St. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT Waterloo, IA 50703 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Lori Frerichs/LF ACORD 25(2001/08) ©ACORD CORPORATION 1988 ❑,J fl9E,n,no,no., o,,,.o,nr o IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) Page 2 of 2 INS025(o1o8)08a