HomeMy WebLinkAboutRESOLUTION NO. 2017-80 RESOLUTION NO. 201.7-80
RESOLUTION TO APPROVE PAY APPLICATION NO. 5 (FINAL) FROM
CORNERSTONE EXCAVATING, INC. FOR THE 2016 SANITARY SEWER
MAIN EXTENSION PROJECT IN FAIRFAX IOWA
WHEREAS, the City Council of Fairfax, Iowa has contracted with Cornerstone
Excavating, Inc. for the 2016 Sanitary Sewer Main Extension Project within the corporate
limits; and
WHEREAS, Hall and Hall Engineers, Inc., has recommended approval of Pay
Application No. 5 (Final) from Cornerstone Excavating, Inc. for a current payment due of
$10,000.00.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Fairfax, Iowa,to approve Pay Application No. 5 (Final) from Cornerstone Excavating,Inc.
for the 2016 Sanitary Sewer Main Extension Project and issue a check for$10,000.00 after
30 (thirty) days have elapsed from this date.
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 12th day of September, 2017.
AYES: Beer, Kell, Volk, and Wainwright
NAYS: None
ABSENT: Daly
Burnell G. Frieden, Mayor
ATTEST:
q
C}�n iia Stimson, bty Clerk/Treasurer e
I
4 j g' fix;
4 }
i�"VrS3P� a1'�� ,gbh
APPLICATION FOR PAYMENT
APPLICATION NO, 05
Project: 2016 Sanitary Sewer Main Extension
in the City of Fairfax, Linn Cott qty, Iowa
Contractor: Cornerstone Excavating, Inc.
1320 West Main Street RO, Box 928
Washington, Iowa 52353
Owner: City of Fairfax, Iowa
Original Contract
Amount: $902,61530
Revised Contract
Amount; $894,776,30
Date, September 5, 2017
The Contractor noted above, in accordance with the provisions of the contract documents, hereby requests
approval of this application for payment on the following estimates of contract work completed:
Original Contract Work Completed $885,758.75
Materials Stored On Site
Change Orders:
1. July 12, 2016 $ (20,9%00)
2 August 9, 2016 $ 11,571.50
3 September 13, 2016 $ 1,545,50
Total Change In Contract Amount from Change Orders $ (7,839.00)
Total Change Order Work Completed(INCLUDES INCENTIVE PAYMENTS) $ 34,374.20
Total Complete and Stored to Date $ 920,132.95
Retainage RELEASED $ -
Total Complete and Stored to Date Less Retainage $ 920,132.95
Less Previous Payments $ 910,132.95
Current Payment Due $ 10,000.00
Distribution: Owner-Engineer_Contractor -Other
The C'ouncit-Approved Chiartge Ordef I doctiments confainetJ a$60,00�-rror. Theamorna of ltea� C-0,1-2 was supposed
to 4e($772,00),but wa,,5,hown,anti approvedas ($722,00), ffn'a difference.or$60.00. The tonal Change Order I arnount
Au3tik'I have, been($20,966AQ1 instead of($20,906)as shown, on Change Order 1.
Page 1 of 3
CONTRACTOR'S CERTIFICATION:
The undersigned Contractor certifies, tothe best of the Contractor's knowledge, thattheabove
information and estimated values of completed work covered on this Application for Payment have been
completed in accordance with the provisions of the Contract Documents, that all amounts have been paid
by the Contractor for work for which previous Applications for Payment have been made and payments
received from the Owner, and that the current payment billing requested is now due.
Contractor'mAu<h
By: Date:
ENGINEER`S/ARCH|TECT,S RECOMMENDATION:
|naccordance with the provisions ofthe Contract Documents and based onthe Engineer'oA\rohihaot'aon-
site obyervaUunaofthevvo/kino|uded |nth|aApp|icmt|onforPaymentondbaaodunthe
Engineer's/Architect's review of this Application for Payment including the accompanying supporting data,
and to the best of the Engineer's knowledge, information and belief, the work included in this Application
for Payment is completed substantially in conformance with the Contract Documents and payment by the
Owner iohereby recommended.
Engineer's/Architect's
Date:
CITY OF FAlRFAX PAYMENT RECOMMENDATION:
Payment to the Contractor is hereby recommended based on the Application for Payment submitted by
the Contractor and the Engineer'm/Arohitect'mrecommendation.
City ufFairfax Authorized Representative:
By: Date:
ATTACHMENTS REQUIRED:
1. Line Item Schedule of Contract Values Summary, Amounts Completed This Period, and Amounts
Completed ToDate. Recommend use nfAIA Document G7O3.
2. Lina |bam Schedule of Contract Materials Stored and Values (if applicable),
ACCOUNTING USE ONLY:
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Page 2of3
APPLICATION FOR PAYMeNT
APPLICATION NO,05
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MATERJALS STOWED ON SITE
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S
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o oa
AIMNAL CONTRACT
MATERIALS STOREO ON SITE
154.374.30_ TOTAL CHANOE ORDER WORT(COMPLETED
__......�.._..
�RSLEFS£D §0 RETAINAGE
020.15:STOTAL LEsSRETFQNAOG
MAINTENANCE BOND
Dond No. IAC585829
kNOW ALL MEN BY THESE PRESENTS:
That, Cornerstone Excavating, Inc. of Washington, Iowa
as Principal,and the Merchants Bonding Company(Mutual) as Surety,
are held and firmly bound unix City of Fairfax, IA in the
penal suns of Nine Hundred Twenty Thousand One Hundred Thirty-two And ($ $920,132.95 }
Qollars,lawful money of the United StAtes of America,for the payment of which,well and truly to be made,
the Principal and Surety hind themsclves;their and each of their heirs,executors,administrators,successot's
and assigns,jointly and Severally,firmly by these presents,
Whereas.the said Principal entered inro a certain contract.with
City of Fairfax, IA
To furnish all the material and labor necessary for the constructiun of
2016 Sanitary Sewer Interceptor Main Extension, Fairfax,IA-Contract No.6950-15-06DS
in Fairfax, Iowa In conformity with certain specifications,,and
Whereas,a further condition of said contract is that the said Ptincipaa should furn4h A bond in
indemnity,guaranteeing to remedy any defects in workmanship or materials that may develop in
sAid work within a period of Four(4) years from the date of acceptance of the work
under said contract;and
Whereas,the said Merchants Bonding Company(Mutual) for a valuabie consideration,
has agreed tn.join with said Principal in such bond or guarantee,indemnifying said
City of Fairfax,IA
Now,therefore,the condition of chis obligation is such,that if the said Principal shall,At his own cost
And expose,remedy anv and all defects that may develop in said work within the period
of Four(4) 1 yearn from the date of acceptance of the work under said contract,by
reason of bad workmanship or poor material used in the construction of said work,and shall keep all Work
in continuous gond repair during said period,and shall in all ether respects.comply with all the terms and
conditions of said contract with respect to maintenance,and repair of said work,then this obligation to he
null and void-otherwise to be and remain in full force And virtue in law.
In'4' jtness whereof, we have hereunto set out, hands and scats this 7th
day of September 9 2017 ,
Corqe,rstone Excavating, Inc.
,--,A I'ri c` a
13y:
Mercha t ondin mpany(Mutual)
ret
_511orney-in-Fac
MER.CHANT�
BONDING COMPANY,.
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually,
Anne Crowner;Brian M Deimedy;Cindy Bennett;Craig E Hansen;Dione R Young;Jay D Freiermuth;Jody Decker;Kathleen Brewer;Kevin J
Knutson;Michelle R Gruis;Shirley S Bartenhagen;Stacy Venn;Tim McCulloh
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding,Inc.,on October 16,2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President 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."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission 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 connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 5th day of April 2017
"""SNow ON`''• .......
"p.�, A�''••, .•'ANG Cp'•.
'RP OR 0*.
•Q���PQ '�q• MERCHANTS BONDING COMPANY(MUTUAL)
A�-,Cj �� '•2. �;�Q '��. ,�• MERCHANTS NATIONAL BONDING,INC.
:Q:` •Z:� �: •
2003 :,�: :y 1933 e: By //////��
'.�J> •• ;,,?�.: .••� .. .•`:�a•: President
STATE OF IOWA ••,�`'"' '•'"""''' ••••"`•••
COUNTY OF DALLAS ss.
On this this 5th day of April 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
ALICIA K.GRAM
q v Commission Number 767430
r My Commission Expires �[
r April 1,2020 =^•�' '`
Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,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 Companies on this 7th day of September 2017
............ G
2003 y W 1933
Y.
Secretary
�.
vv
POA 0018 (3/17) °""..... Oj '•"
IN
IN IN CornerStone 1320 WPO Boz 28928
MINNIE
EXCAVATING INC■ PWashington 52353
mimmmu hone: (319)655 3-3957
MUMMEM WASHINGTON, IOWA Fax: (319)653-9067
FINAL LIEN WAIVER
_ Team Services has received payment in full for all labor, material, supplies,
(Name of Sub Contractor)
or equipment supplied to Cornerstone Excavating, Inc. in the construction upon the
property located at: Fairfax, Iowa
(Address)
for the project. 2016 Sanitary Sewer Interceptor Main Extension Project
and furnished in the execution and fulfillment of contract between said Contractor and
City of Fairfax dated November 2, 2016
(Name of Property Owner)
does hereby release and waive any and all claims, liens, and lien rights, of any kind, nature, or
description whatsoever, against said property and the Owner thereof, and against said Contractor.
it] 2-12c�,1k. _ Team Services Cory�e..�.a.n.
(Date) (
Company Name)
gy: --
nature)
1w
(Title)
CornerStone
1320 West Main St
PO Box 928
M 0 U11 Nk
X
Cy �/ 7 Washington IA 52353
CAVAI NG.M., Phone: (319)653-3957
WASHINGTON, IOWA Fax: (319)653-9067
FINAL LIEN WAIVER
Wendling Quarries Inc- has received payment in full for all labor, material, supplies,
(Name of Sub Contractor)
or equipment supplied to Cornerstone Excavating, Inc, in the construction upon the
property located at: Fairfax, Iowa
(Address)
for the project: 2016 Sanitary Sewer Interceptor Main Extension Project
and furnished in the execution and fulfillment of contract between said Contractor and
City of Fairfax dated November 2, 2016
(Name of Property Owner)
does hereby release and waive any and all claims, liens, and lien rights, of any kind, nature, or
description whatsoever, against said property and the Owner thereof, and against said Contractor.
Wendling Quarries I c
(Date) (Comp me)
c
By:--( �_
4�
(Title) __
all
Cornerstone 1320 West Main St
PO Box 928
WasEXCAVATING one:( 19)ton 5 52353
INC.■ Phone:(319)653-3957
INSIVOINE WASHINGTON, IOWA Fax:(319)653-9067
FINAL LIEN WAIVER
Forterra Building Products has received payment in full for all labor, material, supplies,
(Name of Sub Contractor)
or equipment supplied to Cornerstone Excavating, Inc. in the construction upon the
property located at: Fairfax, Iowa
(Address)
for the project: 2016 Sanitary Sewer Interceptor Main Extension Project
and furnished in the execution and fulfillment of contract between said Contractor and
City of Fairfax dated November 2, 2016
(Name of Property Owner)
does hereby release and waive any and all claims, liens, and lien rights, of any kind, nature, or
description whatsoever, against said property and the Owner thereof, and against said Contractor.
Forterra Building Products
(Date) (Company Name
By:
(Signatur
_� (Title)
Nov. 3. 2016 8, 21AM No. 2659 P, 1
■■
CornerStone
1320West
2
MEMO ��yy��!! ��// *`` PO Box 928
ngton IA 52353
■■■■■ EXCAYAl INGAC■ Phone,(319)53-3957
■■0■■■ WASHINGTON, IOWA Fax:(319)8534067
FINAL LIEN WAIVER
Life Time Fence Company, Inc. has received payment in full for all labor,material, supplies,
(Name of Sub Contractor)
or equipment supplied to Cornerstone Excavating, Inc. in the construction upon the
property located at: Fairfax, Iowa
(Address)
for the project: 2016 Sanitary Sewer Interceptor Main Extension Project
and furnished in the execution and fulfillment of contract between said Contractor and
City of Fairfax dated November 2, 2016
(Nance of Property Owner)
does hereby release and waive any and all claims,liens,and lien rights,of any kind, nature, or
description whatsoever,against said property and the Owner thereof,and against said Contractor.
3 Life Time Fence_GaMpany, Inc.
(Date) (C te)
By:
(SIgr�Bture)
(retie)
. Cornerstone 1320 West Main St
0HE ��''{�/(�'1� PO Box 928
on IA 52353
E EXCAVATINGAM Phone:'(319)653-3957
WASHINGTON, IOWA Fax: (319)653-9067
FINAL LIEN WAIVER
E & F Paving Company, LLC has received payment in full for all labor, material, supplies,
(Name of Sub Contractor)
or equipment supplied to Cornerstone Excavating, Inc. in the construction upon the
property located at: Fairfax, Iowa
(Address)
for the project: 2016 Sanitary Sewer Interceptor Main Extension Project
and furnished in the execution and fulfillment of contract between said Contractor and
City of Fairfax dated November 2, 2016
(Name of Property Owner)
does hereby release and waive any and all claims, liens, and lien rights, of any kind, nature, or
description whatsoever, against said property and the Owner thereof, and against said Contractor.
No u e mb e, 3. Q-01 b E & F Paving Company, LLC
(Date) (Company Name)
By: 101 aLLOQQ IM
(Signature)
(Titl
Im
59 M
CornerStone 1320 West Main St
PO Box 928
&manA �!� /� Washington IA 52353
EXCAVAT ING INV, Phone: (319)653-3957
" WASHINGTON, IOWA Fax: (319)653-9067
FINAL LIEN WAIVER
HD Supply Waterworks ta"k has received payment in full for all labor, material, supplies,
(Name of Sub Contractor)
or equipment supplied to Cornerstone Excavating, Inc. in the construction upon the
property located at: _Fairfax, Iowa _
(Address)
for the project: 2016 Sanitary Sewer Interceptor Main Extension Project
and furnished in the execution and fulfillment of contract between said Contractor and
City of Fairfax dated November 2, 2016
(Name of Property Owner)
does hereby release and waive any and all claims, liens, and lien rights, of any kind, nature, or
description whatsoever, against said property and the Owner thereof, and against said Contractor.
L/ "' ( � HD Supply Waterworks
(Date) ( ompany Name)
(Si(,nat+re))
(Title) t
1320 West Main St
CornerStone PO Box 928
Washington [A 52353
EXCAVATINGINC, Phone.(319)663-3957
WASHINGTON, IOWA Fax:(319)653-9W7
FINAL LIEN WAIVER
Advanced Traffic Control has received payment in full for all labor, material, supplies,
(Name of Sub Contiector)
or equipment supplied to Cornerstone.Excavating, Inc. in the construction upon the
property located at Fairfax, Iowa
(Address)
for the project 2016 Sanitary Sewer Interceptor Main Extension Project
and furnished in the execution and fulfillment of contract between said Contractor and
City of Fairfax dated November 2. 2016
(Name otProperty Owner)
does hereby release and waive any and all claims, liens,and lien rights,of any kind, nature, or
description,whatsoever, against said prq)erty and the Owner thereof, and against said Contractor.
Advanced Traffic Control
(Date) (Company Name)
By:
ign� ur'e)
(Title)
CornerStone 1320 West Main St
PO Box 928
Washington IA 52353
tX
CAVATINUNC. Phone:(319)653-3957
Z-
WASHINGTON, IOWA Fax:(319)653-9067
FINAL LIEN WAIVER
Gingerich Well & Pump Service has received payment in full for all labor, material, supplies,
(Name of Sub Contractor)
or equipment supplied to Cornerstone Excavating, Inc. in the construction upon the
property located at: Fairfax, Iowa
(Address)
for the project: 2016 Sanitary Sewer Interceptor Main Extension Project
and furnished in the execution and fulfillment of contract between said Contractor and
C4 of Fairfax dated November 2, 2016
(Name of Property Owner)
does hereby release and waive any and all claims, liens, and lien rights, of any kind, nature, or
description whatsoever, against said property and the Owner thereof,and against said Contractor.
11/7!16 Gingerich Well & Pump Service
(Date) ompany Name)
(Signature)
Busimn-Wpinacier
(Title)
1320 West Main St
CornerStone
PO Box 928
1A 52353
NZINEE
EXCAVATING.M. P one:'ngton(319)53-3957
I MIN M N WASHINGTON, IOWA Fax:(319)653-9067
FINAL LIEN WAIVER
Stevens Erosion Control has received payment in full for all labor, material, supplies,
(Name of Sub Contractor)
or equipment supplied to Cornerstone Excavating, Inc, in the construction upon the
property located at: Fairfax, Iowa
.._.(Address)
for the project: 2016 Sanitary Sewer Interceptor Main Extension Project
and furnished in the execution and fulfillment of contract between said Contractor and
City of Fairfax _ dated November 2, 2016 _
(Name of Property Owner)
does hereby release and waive any and all claims, liens, and lien rights, of any kind, nature, or
description whatsoever, against said property and the Owner thereof, and against said Contractor.
(P Stevens Erosion Control
G D t(
(Company a) ( p y N me)
By:
(Si ature�
OF
(Title)
W 1320 West Main St
so C o r no rSto n e PO Box 928
Washington IA 52353
Phone:(319)653-3957
WASHINGTON, IOWA Fax:(319)653-9067
FINAL LIEN WAIVER
The Driller, LLC has received payment in full for all labor, material,supplies,
(Name
�� Sub Contractor)
or equipment supplied to Cornerstone Excavating, Inc. in the construction upon the
property located at: -_—_---Fairfax,Iowa
(Address)
for the project: 2016 Sanitary Sewer Interceptor Main Extension Project
and furnished in the execution and fulfillment of contract between said Contractor and
City of Fairfax dated November 2, 2016
(Name of Property Owner)
does hereby release and waive any and all claims, liens, and lien rights,of any kind,nature, or
description whatsoever,against said property and the Owner thereof, and against said Contractor.
(1-71ko ,,-.,-The Driller,LLC
(Date) (Company Name)
ILI
By:
(Signature-)
v4 oftJ
(Ti4)