HomeMy WebLinkAboutRESOLUTION NO. 2017-62 RESOLUTION NO. 2017-62
RESOLUTION TO APPROVE CHANGE ORDER NO. 2 FROM
SCHRADER EXCAVATING AND GRADING CO. FOR THE 2017 80"' STREET
WATER MAIN EXTENSION PROJECT IN THE CITY OF FAIRFAX, LINN
COUNTY,IOWA
WHEREAS, the City Council of Fairfax, Iowa has contracted with Schrader
Excavating and Grading Co. for the 2017 80"'Street Water Main Extension Project within
the corporate limits; and
WHEREAS, Hall and Hall Engineers, Inc., has recommended approval of Change
Order#2 as described below:
ORIGINAL
CONTRACT AMOUNT: $ 74,290.55
ORIGINAL CONTRACT
COMPLETION DATE: 15 Working Days
ITEM #1: Clarification of 6" Water Service Material
ITEM #2: Clarification of 16"Water Main Material
This change order is to clarify two items in the project manual and plans from the original bid
documents:
• On Sheet C.01 of the approved plans, under the Estimate Reference Information for Line
Item 11, "Water Main, C-905, 16" DIA PVC', it does not designate the required pipe
dimension ratio. The required pipe dimension ratio shall be DR-18. The specification for
this water main material is per the Cedar Rapids Metropolitan Area Specification for
Hiawatha, Specification 02500, Part 2— B
• On Sheet C.01 of the approved plans, under the Estimate Reference Information for Line
Item 14, "Water Service, 6" (Includes 6" Gate Value)", it does not designate the required
pipe dimension ratio. The required pipe dimension ratio shall be DR-18. The
specification for this water main material is per the Cedar Rapids Metropolitan Area
Specification for Hiawatha, Specification 02500, Part 2 — B.
The total adjusted Change Order 2 amount is $0.00.
Original Contract Amount: $ 74,290.55
C.O. #2 $0.00
Revised Contract Amount: $74,290.55
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Fairfax, Iowa, to approve Change Order No. 2 from Schrader Excavating and Grading Co.
for the 2017 80"' Street Water Main Extension Project for no contract amount change,
keeping the contract amount $74,290.55.
BE IT FURTHER RESOLVED, by the Fairfax City Council of the City of
Fairfax, Iowa, that the Mayor and City Clerk/Treasurer are hereby authorized and directed
to execute said resolution.
Passed and approved this 1 lth day of July, 2017.
AYES: Beer, Daly, Kell, Volk, and Wainwright
NAYS: None
Burnell G. Frieden, Mayor
ATTEST:
Cyn is . Stimson, City Clerk/TreasurerY:
a°
CHANGE ORDER NO. 2
PROJECT: 2017 801' Street Water Main Extension
DATE: June 23, 2017
CONTRACTOR: Schrader Excavating and Grading Co.
1840 Commercial Drive
Walford, Iowa 52351
ORIGINAL
CONTRACT AMOUNT: $ 74,290.55
ORIGINAL CONTRACT
COMPLETION DATE: 15 Working Days
ITEM #1: Clarification of 6"Water Service Material
ITEM #2: Clarification of 16"Water Main Material
This change order is to clarify two items in the project manual and plans from the original bid documents:
• On Sheet C.01 of the approved plans, under the Estimate Reference Information for Line Item 11,
"Water Main, C-905, 16" DIA PVC', it does not designate the required pipe dimension ratio. The
required pipe dimension ratio shall be DR-18. The specification for this water main material is per
the Cedar Rapids Metropolitan Area Specification for Hiawatha, Specification 02500, Part 2—B
• On Sheet C.01 of the approved plans, under the Estimate Reference Information for Line Item 14,
"Water Service, 6" (Includes 6" Gate Valve", it does not designate the required pipe dimension
ratio. The required pipe dimension ratio shall be DR-18. The specification for this water main
material is per the Cedar Rapids Metropolitan Area Specification for Hiawatha, Specification
02500, Part 2—B.
The total adjusted Change Order 2 amount is $0.00
Original Contract Amount: $ 74,290.55
C.O. #2 $0.00
Revised Contract Amount: $74,290.55
Schrader Excavating and Grading Co. Hall & Hall Engineers nc.
Title: ecTitle: it 41-
Date: ��,?0 Date: 6®,/?-,o
City o airfax, Iowa
By:
Title: ei,
Date: f
00500
AGREEMENT
2017 80TH STREET WATER MAIN EXTENSION
CONTRACT NO. 6950-17-03
THE CITY OF FAIRFAX
THIS AGREEMENT is by and between CITY OF FAIRFAX (hereinafter called OWNER) and SCHRADER
EXCAVATING AND GRADING CO. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1 -THE PROJECT
1.01 The Project for which the Work under the Contract Documents may be the whole or only a part is
generally referred to as follows:
2017 80TH STREET WATER MAIN EXTENSION
ARTICLE 2 -WORK
2.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Work is generally described as follows:
installing approximately 710 LF of 16" diameter water main along 80th Street in Fairfax, along
with the culvert, driveway, and site restoration associated with the water main installation.
ARTICLE 3 - ENGINEER
3.01 The Project will be administered by Hall & Hall Engineers, Inc., who is hereinafter called
ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities,
and have the rights and authority assigned to ENGINEER in the Contract Documents in
connection with the completion of the Work in accordance with the Contract Documents.
ARTICLE 4-CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, and completion and readiness for final payment as
stated in the Contract Documents are of the essence of the Contract.
B. The early start date July 10, 2017
C. The late start date is August 21, 2017
4.02 Working Days for Completion and Final Payment
A. The Work will be completed and ready for final payment in accordance with paragraph
14.07 of the General Conditions within 15 Working Days (as defined in General
Conditions)after the date when the Contract Times commence to run.
4.03 Dates for Milestones
A. In addition to final completion times, there are Milestones by which certain WORK ITEMS
must be completed. See General Conditions for Milestone requirements:
00500-1 November 6, 2014
MILESTONE 1: Final completion of all work
September 29, 2017
4.04 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement
and that OWNER will suffer financial loss if the Work is not completed within the times
specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance
with Article 12 of the General Conditions. The parties also recognize the delays,
expense, and difficulties involved in proving in a legal or arbitration proceeding the actual
loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of
requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages
for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1000 for each day
that expires after the time specified in paragraph 4.02 until the Work is complete and
ready for final payment.
ARTICLE 5-CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to
paragraphs below:
A. For all Unit Price Work, an amount equal to the sum of the established unit price for each
separately identified item of Unit Price Work times the estimated quantity of that item as
indicated in Exhibit 00500-A.
B. For all accepted Supplemental Unit Price Work, each item identified separately as
indicated in Exhibit 00500-B.
ARTICLE 6- PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Quantity cutoff is the 4th Wednesday of the each month. The CONTRACTOR shall sign-
off on OWNER generated pay application and, if applicable, change order documents
within 14 calendar days of 4th Wednesday of month in accordance with Article 14 of the
General Conditions or as per OWNER generated processing schedule. Applications for
Payment will be processed by ENGINEER as provided in the General Conditions.
6.02 Progress Payments;Retainage
A. OWNER shall make progress payments on account of Work completed on the basis of
Owner Inspector generated quantities on or within 14 calendar days of OWNER stated
due date for all appropriate documents (or within 21 calendar days of receipt if
documents are received subsequent to OWNER stated due date) during performance of
the Work as provided in paragraphs 6.02A.1 and 6.02.A.2 below. All such payments will
be measured by the schedule of values established in paragraph 2.07.A of the General
Conditions (and in the case of Unit Price Work based on the number of units completed)
or, in the event there is no schedule of values, as provided in the General Requirements:
1. Prior to Project Completion, progress payments will be made in an amount equal
to the percentage indicated below but, in each case, less the aggregate of
payments previously made and less such amounts as ENGINEER may
determine or OWNER may withhold, in accordance with paragraph 14.02 of the
General Conditions:
00500-2 November 6, 2014
a. 95% of Work completed (with the balance being retainage). If the Work
has been 95% completed as determined by ENGINEER, and if the
character and progress of the Work have been satisfactory to OWNER
and, OWNER, on recommendation of, may determine that as long as the
character and progress of the Work remain satisfactory to them, there
will be no retainage on account of Work subsequently completed, in
which case the remaining progress payments prior to Final Completion
will be in an amount equal to 100% of the Work completed less the
aggregate of payments previously made; and
b. 100% of cost of materials and equipment not incorporated in the Work
(with the balance being retainage).
2. OWNER shall pay retainage to CONTRACTOR in accordance with paragraph
14.02.B.5 of the General Conditions.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07
of the General Conditions, OWNER shall pay the remainder of the Contract Price as
recommended by ENGINEER as provided in said paragraph 14.07.
ARTICLE 7— NOT USED
ARTICLE 8- CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the
other related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, and performance of the
Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of
subsurface conditions at or contiguous to the Site, if any, and all Drawings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous to
the Site, if any, (except Underground Facilities) which have been identified in the
Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and
(2) reports and Drawings of a Hazardous Environmental Condition, if any, at the Site
which has been identified in the Supplementary Conditions as provided in paragraph 4.06
of the General Conditions. CONTRACTOR acknowledges that such reports and
Drawings are not Contract Documents and may not be complete for CONTRACTOR's
purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume
responsibility for the accuracy or completeness of information and data shown or
indicated in the Contract Documents with respect to Underground Facilities at or
contiguous to the Site.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having
done so) all such supplementary examinations, investigations, explorations, tests, studies
and data concerning conditions (surface, subsurface and Underground Facilities) at or
contiguous to the Site or otherwise which may affect the cost, progress, performance or
00500-3 November 6, 2014
furnishing of the Work as CONTRACTOR considers necessary for the performance or
furnishing of the Work or which relate to any aspect of the means, methods, techniques,
sequences and procedures of construction to be employed by CONTRACTOR and safety
precautions and programs incident thereto.
F. CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work at the
Contract Price, within the Contract Times, and in accordance with the other terms and
conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of Work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR, information
and observations obtained from visits to the Site, reports and Drawings identified in the
Contract Documents, and all additional examinations, investigations, explorations, tests,
studies, and data with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities,
or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
K. CONTRACTOR is competent and has sufficient equipment, personnel and financial
resources to perform Work in accordance with the Contract Documents.
00500-4 November 6, 2014
ARTICLE 9-CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following items (either bound herein or
separately) as marked with an "X".
Included
1. This Agreement
® a. Pages 1 to 9, inclusive;
® b. Exhibit 500-A, Unit Price Work(pages 1 to 2, inclusive);
❑ c. Exhibit 500-B, Supplemental Unit Price Work(pages [ ] to
[ ], inclusive);
® 2. Notice of Hearing and Letting.
® 3. Performance Bond (pages 1 to 4 inclusive);
® 4. Payment Bond (pages 1 to 3 inclusive);
5. Other Bonds (pages [ ] to [ ], inclusive), (name of bond);
❑ a. [ ] (pages [ ] to [ ], inclusive);
❑ b. [ ] (pages [ ] to [ ], inclusive);
❑ c. [ ] (pages [ ] to [ ], inclusive);
6. Bid Form Attachments
® a. Attachment I — Equal Employment Opportunity/Non-
Discrimination Policy Statement
® b. Attachment II —Non-Collusion Affidavit
❑ c. Attachment III —Disadvantaged Business Enterprise (DBE)
Certification for Non-Rolling Stock Materials or Services
❑ d. Attachment IV—Disadvantaged Business Enterprise(DBE) List
❑ e. Attachment V— Debarment and Suspension Certification
❑ f. Attachment VI —Certification of Primary Participant Regarding
Debarment, Suspension, and Other Responsibility Matters
❑ g. Attachment VII — Part 661 —Buy America Requirements—
Surface Transportation Assistance Act of 1982, As Amended
❑ h. Attachment VIII —Certification of Restrictions on Lobbying
❑ i. Attachment IX—Certification of Nonsegreated Facilities
❑ j. Attachment X—Targeted Small Business (TSB) Pre-Bid
Contact Information
❑ k. Attachment XI— Licensed Plumber or Pipe Layer Certification
❑ I. Attachment XII —Local Business Certificate
❑ m. Attachment XIII—Affidavit of Drug Free Workplace Compliance
❑ n. Attachment XIV—Schedule of Unit Prices for Traffic Signal
Installation
❑ o. Attachment XV—Bidder Status Form
® 7. Cedar Rapids Metropolitan Area Standard Documents;
a. Cedar Rapids Metropolitan Area Standard Specifications for
Public Improvements, current version
b. Cedar Rapids Metropolitan Area Standard Details for Public
Improvements, current version
® 8. Supplementary Conditions, Section 00800, (pages 1 to 18,
inclusive);
❑ 9. Special Provisions and Specifications as listed in the table of
00500-5 November 6, 2014
contents of the Project Manual;
® 10. Drawings consisting of a cover sheet and sheets numbered A.01
through D.02, inclusive, with each sheet bearing the following
general title: 2017 80th STREET WATER MAIN EXTENSION
❑ 11. Addenda (numbers [ ] to [ ], inclusive);
12. Exhibits to this Agreement(enumerated as follows):
® a. Notice to Proceed (pages 1 to 2, inclusive);
® b. CONTRACTOR's Bid Exhibit 00300A(pages 1 to 1, inclusive);
❑ c. Documentation submitted by CONTRACTOR prior to Notice of
Award (pages [ ] to [ ], inclusive);
® d. Insurance Certificates;
❑ e. [FIELD FOR"OTHER EXHIBITS"];
13. The following which may be delivered or issued on or after the
Effective Date of the Agreement and are not attached hereto:
❑ a. Written Amendments;
❑ b. Work Change Directives;
® c. Change Order(s).
B. The documents listed in paragraph 9.01.A are incorporated by reference (except as
expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9. Any
attachments within an appendix not listed in Article 9, are not part of the Contract
Documents. The CONTRACTOR has limited reliance on these appendices, in
accordance with the General Conditions.
D. The Contract Documents may only be amended, modified, or supplemented as provided
in paragraph 3.04 of the General Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General
Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be
binding on another party hereto without the written consent of the party sought to be
bound; and, specifically but without limitation, moneys that may become due and moneys
that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment, no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and
legal representatives to the other party hereto, its partners, successors, assigns, and
legal representatives in respect to all covenants, agreements, and obligations contained
in the Contract Documents.
10.04 Severability
00500-6 November 6, 2014
A. Any provision or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
10.05 Other Provisions—NOT USED
00500-7 November 6, 2014
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One
counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract
Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on the date the Award is approved by the City Council as acting on
behalf of the OWNER.
OWNER: City of Fairfax CONTRACTOR: Schrader Excavating
By: By: /eAC
1�.11 /��
�aa•ems /fir d%
(Title) (Title)
Date: 7— -- / > Date: 4 h 2
[CORPORATE SEAL] [CORPORATE SEAL]
Attest Attest
Address for giving notices: Address for giving notices:
City of Fairfax LINO (,or-p"11 r,
City Clerk q
300 80th Street Court
Fairfax, Iowa 52228 License No. CIO?'51 l
License No.
(If OWNER is a corporation, attach evidence of (Where applicable)
authority to sign. If OWNER is a public body,
attach evidence of authority to sign and resolution Agent for service of process:
or other documents authorizing execution of
OWNER-CONTRACTOR Agreement.)
Designated Representative: Designated Representative:
Name: Erica Diehl, P.E. Name: WL Alofjp%AA
Title: Project Engineer Title: pjp�� �p
Address: Hall & Hall Engineers, Inc. Address: /MO
1860 Boyson Road al pof_ e Th S 2351
Hiawatha, Iowa 52233
Phone: (319) 362-9548 Phone: (319)
Fax: (319) 362-7595 Facsimile:
Email Email
Address: Erica@halleng.com Address: k.mord n s Csec.
00500-8 November 6, 2014
INSTRUCTIONS FOR EXECUTING CONTRACT
If the Agreement is to be signed by the Secretary of the corporation, the certificate below should be
executed by some other officer of the corporation, under the corporate seal. In lieu of the foregoing
certificate, there may be attached to the Agreement copies of so much of the records of the
corporation which will show the official character and authority of the officers signing, duly
certified by the secretary or assistant secretary under the corporate seal to be true copies.
The full name and business address of CONTRACTOR should be inserted and the Agreement should be
signed with CONTRACTOR's official signature. Please have the name of the signing party printed under
all signatures of the Agreement.
If CONTRACTOR is operating as a partnership, each partner should sign the Agreement. If the
Agreement is not signed by each partner, there should be attached to the Agreement a duly authenticated
power of attorney evidencing the signer's (signers') authority to sign such Agreement for and in behalf of
the partnership.
If CONTRACTOR is an individual, the trade name (if CONTRACTOR is operating under a trade name)
should be indicated in the Agreement and the Agreement should be signed by such individual. If signed
by other than CONTRACTOR, there should be attached to the Agreement a duly authenticated power of
attorney evidencing the signer's authority to execute such Agreement for and in behalf of
CONTRACTOR.
If CONTRACTOR is a rrcorporation, the following certificate should be executed:
I, 36%nL &kro PL , certify that I am the �L-�
of the corporation named as CONTRACTOR herein above; that _K41t Nor VV%&-- who
signed the foregoing Agreement on behalf of CONTRACTOR was then �,ri,"kA IM.cv MAr
of said corporation; that said Agreement was duly signed for and in behalf of said Corporation by authority
of its governing body, and is within the scope of its corporate powers.
(Corporate Seal)
END OF SECTION 00500
00500-9 November 6, 2014
EXHIBIT 00500-A
UNIT PRICE WORK
2017 80TH STREET WATER MAIN EXTENSION
CONTRACT NO.6950-17-03
CITY OF FAIRFAX,IOWA
BID STD
ITEM ITEM UNIT PRICE BID
NO. NO. DESCRIPTION QTY UNIT (Numbers) EXTENSION
1 01100-01 MOBILIZATION 1 LS $ 2,000.00 $ 2,000.00
2 01200-01 TRAFFIC CONTROL 1 LS $ 1,500.00 $ 1,500.00
3 01300-01 TEMPORARY EROSION AND 1 LS $ 550.00 $ 550.00
SEDIMENT CONTROLS
4 01300-11 FILTER SOCKS,8" 87 LF $ 2.00 $ 174.00
5 01400-01 CLEARING AND GRUBBING 1 LS $ 175.00 $ 175.00
REMOVAL OF EXISTING
6 01400-10 PAVEMENTS, DRIVEWAYS, CURB, 109 SY $ 4.45 $ 485.05
AND GUTTER
REMOVAL OF STORM SEWER AND
7 01400-41 CULVERT PIPE, REINSTALL CMP 110 LF $ 12.75 $ 1,402.50
CULVERT PIPE
REMOVAL OF STORM SEWER AND
7A 01400-41 CULVERT PIPE, REPLACE CMP 110 LF $ 41.00 $ 4,510.00
CULVERT PIPE
UNCLASSIFIED EXCAVATION AND
EMBANKMENT, REMOVE,
8 02000-01 STOCKPILE, 7 TON $ 38.00 $ 266.00
AND REPLACE MACADAM BASE
STONE,6"
9 02000-02 STRIP AND RESPREAD TOPSOIL, 6" 145 CY $ 26.00 $ 3,770.00
10 02200-10 TRENCH STABILIZATION 50 TON $ 22.00 $ 1,100.00
CONTIGENCY ITEM
11 02500-01 WATER MAIN, C-905, 16"DIA PVC 710 LF $ 47.50 $ 33,725.00
12 02500-20 FURNISH AND INSTALL VALVE AND 2 EA $ 2,569.00 $ 5,138.00
BOX, 16"DIA
13 02500-40 WATER SERVICE, 1" 1 EA $ 1,000.00 $ 1,000.00
14 02500-40 WATER SERVICE,6"(INCLUDES 6" 1 EA $ 2,480.00 $ 2,480.00
GATE VALVE
15 02500-50 FURNISH AND INSTALL FIRE 2 EA $ 4,106.00 $ 8,212.00
HYDRANT AND ASSEMBLY
16 02500-60 DISINFECTION AND HYDROSTATIC 1 LS $ 350.00 $ 350.00
TESTING
17 02600-01 MACADAM BASE STONE, FURNISH 7 TON $ 30.00 $ 210.00
AND INSTALL,6"
18 02700-20 PORTLAND CEMENT CONCRETE 109 SY $ 31.00 $ 3,379.00
DRIVEWAY,6"
19 02900-12 HYDROSEEDING WITH LIQUID 0.4 ACRE $ 5,845.00 $ 2,338.00
MULCH BINDER
20 02900-40 EXCEWIDE LSIOR MAT,WOOD FIBER, 12' 872 SY $ 1.75 $ 1,526.00
TOTAL BID
COMPUTED TOTAL BID PROJECT NO.6950-17-3 (ITEMS 1 THROUGH 20)
Seventy Four Thousand Two Hundred Ninety Dollars and Fifty-Five Cents $ 74,290.55
(Words) (Numbers)
As provided in paragraph 11.01 of the General Conditions, estimated quantities are not guaranteed, and determinations
of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General
Conditions. Unit prices have been computed as provided in paragraph 11.01 of the General Conditions.
00500-A
Page 1 of 1 September 25, 2009
Bond No. 5536026
006'10
PERFORMANCE BOND
CONTRACTOR(Name and Address): SURETY (Name and Address of Principal Place of
Schrader Excavating and Grading Co. Business):
P.O. Box 270 Westfield Insurance Company
Walford, IA 52351 P. O. Box 5001
Westfield Center, OH 44251
OWNER(Name and Address):
City of Fairfax
525 Vanderbilt Street
Fairfax, Iowa 52228
CONTRACT
Date: June 13,2017
Amount: $74,290.55
Description (Name and Location): 2017 80t"Street Water Main Extension in the City of Fairfax, Iowa
BOND
Date(Not earlier than Contract Date): June 13, 2017
Amount: $74,290.55
Modifications to this Bond Form: None
Surety and CONTRACTOR, intending to be legally bound hereby, subject to the terms included in this
Section 00610, do each cause this Performance Bond to be duly executed on its behalf by its authorized
officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp.Seal) Compan (Corp. Seal)
Schra er Excavating and Grading Co. d urance Company
Ssgnature: �Oe_ Sigrtat —_--
Name and Title: "fit Name and Title: Anne Crowner, Attorney-in-Fact
ems'- (Attach Power of Attorney)
(Space is provided below for signatures of additional parties, if required.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name and Title: Name and Title:
- - - - - - - - ------------------------------FOR USE BY OWNER ONLY- --------_-----------------------------------
REVIEWED BY OWNER
Signature Date
Name and Title
00610-1
April 1, 2000
1. The CONTRACTOR and the Surety,jointly and severally, bind themselves, their heirs. Executors,
administrators, successors and assigns to the OWNER for the performance of the Contract, which
is incorporated herein by reference.
2. If the CONTRACTOR performs the Contract,the Surety and the CONTRACTOR have no obligation
under this Bond, except to participate in conferences as provided in paragraph 3.1.
3. If there is no OWNER Default, the Surety's obligation under this Bond shall arise after:
3.1. The OWNER has notified the CONTRACTOR and the Surety at the addresses described
in paragraph 10 below,that the OWNER is considering declaring a CONTRACTOR Default
and has requested and attempted to arrange a conference with the CONTRACTOR and
the Surety to be held not later than fifteen days after receipt of such notice to discuss
methods of performing the Contract. If the OWNER, the CONTRACTOR and the Surety
agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but
such an Agreement shall not waive the OWNER's right, if any, subsequently to declare a
CONTRACTOR Default;and
3.2. The OWNER has declared a CONTRACTOR Default and formally terminated the
CONTRACTOR's right to complete the Contract. Such CONTRACTOR Default shall not
be declared earlier than twenty days after the CONTRACTOR and the Surety have
received notice as provided in paragraph 3.1; and
3.3. The OWNER has agreed to pay the Balance of the Contract Price to:
3.3.1. The Surety in accordance with the terms of the Contract;
3.3.2 Another CONTRACTOR selected pursuant to paragraph 4.3 to perform the
Contract.
4. When the OWNER has satisfied the conditions of paragraph 3, the Surety shall promptly and at the
Surety's expense take one of the following actions:
4.1. Arrange for the CONTRACTOR,with consent of the OWNER, to perform and complete the
Contract; or
4.2. Undertake to perform and complete the Contract itself, through its agents or through
independent contractors;or
4.3. Obtain bids or negotiated proposals from qualified CONTRACTORS acceptable to the
OWNER for a Contract for performance and completion of the Contract, arrange for a
Contract to be prepared for execution by the OWNER and the CONTRACTOR selected
with the OWNER's concurrence, to be secured with performance and payment Bonds
executed by a qualified surety equivalent to the Bonds issued on the Contract, and pay to
the OWNER the amount of damages as described in paragraph 6 in excess of the Balance
of the Contract Price incurred by the OWNER resulting from the CONTRACTOR Default;
or
4.4. Waive its right to perform and complete, arrange for completion, or obtain a new
CONTRACTOR and with reasonable promptness under the circumstances;
4.4.1 After investigation,determine the amount for which it may be liable to the OWNER
and, as soon as practicable after the amount is determined, tender payment
therefor to the OWNER; or
4.4.2 Deny liability in whole or in part and notify the OWNER citing reasons therefor.
5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety
shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice
00610-2
April 1, 2000
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 paragraph 4.4, and the OWNER refuses the payment tendered or the
Surety has denied pliability, in whole or in part, without further notice the OWNER shall be entitled
to enforce any remedy available to the OWNER.
6. After the OWNER has terminated the CONTRACTOR's right to complete the Contract, and if the
Surety elects to act under paragraph 4.1. 4.2. or 4.3 above, then the responsibilities of the Surety
to the OWNER shall not be greater than those of the CONTRACTOR under the Contract, and the
responsibilities of the OWNER to THE Surety shall not be greater than those of the OWNER under
the Contract. To a limit of the amount of this Bond, but subject to commitment by the OWNER of
the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety
is obligated without duplication for:
6.1. The responsibilities of the CONTRACTOR for correction of defective Work and completion
of the Contract;
6.2. Additional legal, design professional and delay costs resulting from the CONTRACTOR's
Default, and resulting from the actions or failure to act of the Surety under paragraph 4;
and
6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual
damages caused by delayed performance or nonperformance of the CONTRACTOR.
7, The Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR that
are unrelated to the 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, or successors.
8. The Surety hereby waives notice of any change, including changes of time, to the Contract or to
related subcontracts, purchase orders and other obligations.
9. Any proceedings legal or equitable, under this Bond may be instituted in any court of competent
jurisdiction in the state of Iowa and shall be instituted within two years after 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 law,the minimum period of limitation available to sureties
as a defense in the jurisdiction of the suit shall be applicable.
10. Notice to the Surety,the OWNER or the CONTRACTOR shall be mailed or delivered to the address
shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or other legal requirement in the
location where the Contract was to be performed, any provision in this Bond conflicting with said
statutory or legal requirement shall be deemed deleted here from and provisions conforming to
such statutory or other legal requirement shall be deemed incorporated herein. The intent is that
this Bond shall be construed as a statutory bond and not as a common law bond.
12. Definitions.
12.1 Balance of the Contract Price: The total amount payable by the OWNER to the
CONTRACTOR UNDER THE Contract after all proper adjustments have been made,
including allowance to the CONTRACTOR of any amounts received or to be received by
the OWNER in settlement of insurance or other Claims for damages to which the
CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf
of the CONTRACTOR under the Contract.
12.2. Contract: The Agreement between the OWNER and the CONTRACTOR identified on the
signature page, including all Contract Documents and changes thereto.
00610-3
April 1, 2000
12.3. CONTRACTOR Default: Failure of the CONTRACTOR,which has neither been remedied
nor waived, to perform or otherwise to comply with the terms of the Contract.
12,4. OWNER Default: Failure of the OWNER,which has neither been remedied nor waived, to
pay the CONTRACTOR as required by the Contract or to perform and complete or comply
with the other terms thereof.
00610-4
April 1, 2000
Bond No. 5536026
00620
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 Address of Principal Place of
Business):
Schrader Excavating and Grading Co. Westfield Insurance Company
P.O. Box 270 P. O. Box 5001
Walford, IA 52351 Westfield Center, OH 44251
OWNER(Name and Address):
City of Fairfax
300 80t"Street Court
Fairfax, Iowa 52228
CONTRACT
Date: June 13,2017
Amount: $74,290.55
Description (Name and Location): 2017 800, Street Water Main Extension in the City of Fairfax, Iowa
BOND
Date (Not earlier than Contract Date): June 13, 2017
Amount:: $74,290.55
Modifications to this Bond Form: None
Surety and CONTRACTOR, intending to be legally bound hereby, subject to the terms included in this
Section 00620, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,
agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp Seal) Compan . fiel G(�r4ir an pal)
ce
Schrader Excavating and Grading Co. y
Signature: Sign _
Name and Title:/Z/t w.R.-a,/ssi►,�.� Name and Title: Anne Crowner, Attorney-in-Fact
(Attach Power of Attorney)
10—vjee-/- -' -,
(Space is provided below for signatures of additional parties, if required.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name and Title: Name and Title:
---------------------------- ------------- ---FOR USE BY OWNER ONLY--------------- -----------------------------
-
REVIEWED BY OWNER
Signature Date
Name and Title ......
00620-1
April 1, 2000
1. The CONTRACTOR and the Surety,jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to the OWNER to pay for labor, materials and equipment
furnished for use in the performance of the Contract,which is incorporated herein by reference.
2. With respect to the OWNER, this obligation shall be null and void if the CONTRACTOR:
2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and
2.2. Defends, indemnifies and holds harmless the OWNER from all claims, demands, Liens or
suits by any person or entity who furnished labor, materials or equipment for use in the
performance of the Contract,provided the OWNER has promptly notified the CONTRACTOR
and the Surety(at the addresses described in paragraph 12)of any claims, demands, Liens
or suits and tendered defense of such claims, demands, Liens or suits to the CONTRACTOR
and the Surety, and provided there is no OWNER Default.
3. With respect to Claimants, this obligation shall be null and void if the CONTRACTOR promptly
makes payment, directly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under this Bond until:
4.1. Claimants who are employed by or have a direct Contract with the CONTRACTOR have
given notice to the Surety(at the addresses described in paragraph 12) and sent a copy,
or notice thereof, to the OWNER, stating that a Claim is being made under this Bond and,
with substantial accuracy, the amount of the Claim.
4.2. Claimants who do not have a direct Contract with the CONTRACTOR:
1. Have furnished written notice to the CONTRACTOR and sent a copy, or notice
thereof, to the OWNER, within 90 days after having last performed labor or last
furnished materials or equipment included in the Claim stating, with substantial
accuracy,the amount of the Claim and the name of the party to whom the materials
were furnished or supplied or for whom the labor was done or performed; and
2. Have either received a rejection in whole or in part from the CONTRACTOR, or
not received within 30 days of furnishing the above notice any communication from
the CONTRACTOR by which the CONTRACTOR had indicated the Claim will be
paid directly or indirectly; and
3. Not having been paid within the above 30 days, have sent a written notice to the
Surety and sent a copy, or notice thereof, to the OWNER, stating that a Claim is
being made under this Bond and enclosing a copy of the previous written notice
furnished to the CONTRACTOR.
5. If a notice required by paragraph 4 is given by the OWNER to the CONTRACTOR or to the Surety,
that is sufficient compliance.
6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at
the Surety's expense take the following actions:
6.1. Send an answer to the Claimant, with a copy to the OWNER,within 45 days after receipt
of the Claim, stating the amounts that are undisputed and the basis for challenging any
amounts that are disputed.
6.2. Pay or arrange for payment of any undisputed amounts.
7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond
shall be credited for any payments made in good faith by the Surety.
00620--2
April 1, 2000
8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the
performance of the Contract and to satisfy claims, if any, under any 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 Contract are dedicated to satisfy obligations of
the CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority to use the
funds for the completion of the Work.
9. The Surety shall not be liable to the OWNER. Claimants or others for obligations of the
CONTRACTOR that are unrelated to the Contract . The OWNER shall not be liable for payment
of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no
obligations to make payments to, give notices on behalf of, or otherwise have obligations to
Claimants under this Bond.
10. The Surety hereby waives notice of any change, Including changes of time, to the Contract or to
related Subcontracts, purchase orders and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of
competent jurisdiction in the location in which the Work or part of the Work is located or after the
expiration of one year from the date (1) on which the Claimant gave the notice required by
paragraph 4.1 or paragraph 4.2.3,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.
12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the
addresses shown on the signature page. Actual receipt of notice by Surety, the OWNER or the
CONTRACTOR, however accomplished, shall be sufficient compliance as of the date received at
the address shown on the signature page.
13. When this Bond has been furnished to comply with a statutory or other legal requirement in the
location where the Contract 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. The intent is, that this
Bond shall be construed as a statutory Bond and not as a common law bond.
14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, the
CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be made.
15. DEFINITIONS
15.1. Claimant: An individual or entity having a direct Contract with the CONTRACTOR or with
a Subcontractor of the CONTRACTOR to furnish labor, materials or equipment for use in
the performance of the Contract. The intent of this Bond shall be to include without
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 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.
15.2. Contract: The Agreement between the OWNER and the CONTRACTOR identified on the
signature page, including all Contract Documents and changes thereto.
15.3. OWNER Default: Failure of the OWNER,which has neither been remedied nor waived, to
pay the CONTRACTOR as required by the Contract or to perform and complete or comply
with the other terms thereof.
00620-3
April 1, 2000
General POWER NO. 1429262 00
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
CERTIFIED COPY i® Farmers Insurance Co.
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
CRAIG E. HANSEN,JAY D. FREIERMUTH, BRIAN M. DEIMERLY,CINDY BENNETT, ANNE CROWNER,TIM MCCULLOH, STACY
VENN, SHIRLEY S. BARTENHAGEN, LACEY CRAM BLIT, LAURE GUISINGER, DIONE R. YOUNG, JOINTLY OR SEVERALLY
of WEST DES MOINES and State of IA its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
"Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 21st day of MARCH A.D., 2014
•,„.„9r1rNI ,' „flr.lr„„•r , tlrrrrr
Corporate P,• Sgt "(�N�I( WESTFIELD INSURANCE COMPANY
Seals €'�X...'..1,C'�;'•'s ,```����• �p� _,9SU WESTFIELD NATIONAL INSURANCE COMPANY
Affixed .e. p r`o. o': =' �' OHIO FARMERS INSURANCE COMPANY
3 `LJ
_
-' SEAL =.ro SFAI-,
y r ;�H Tfq��i
s®. 1 48
;mow
By:
”°^•"" *• ''' ""•�f"""� Dennis P. Baus
State of Ohio , National Surety Leader and
County of Medina ss.: Senior Executive
On this 21st day of MARCH A.D., 2014 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did
depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which
executed the above instrument;that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals;that
they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial ,,,r• •e.,,, r
Seal
Affixed gyp: `tif/ SF
-..•, . David A. Kotnik, Attorney at Law, Notary Public
State of Ohio My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.. q o��,
r� Q
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 13th day of
June A.D.,2017
r\rP!lr,I1,°j , ,• /i9rY1,r,
sy417t�(9d SNA( SUR'
Sul,s 2 n SEAL :m; _ .ter Secretary
�'y rso :,, 'n" '• 1848 NF Frank A. Carrino, Secretary
�r�q°IfNS'a6N^ i rrr.i 9 rrf l.rlf,r9„f,`.
BPOAC2 (combined) (06-02)