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Home My WebLink About2021-07-06-J01P Meredith Dr-Warrior Ln HMA Overlay_Approve Contract, BondAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 6, 2021 AGENDA ITEM:Consideration of approval of a resolution approving contract, bond [Meredith Drive/Warrior Lane HMA Overlay Project] FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:$972,888.50 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution approving City of Clive contract and bond with Des Moines Asphalt & Paving of Ankeny, IA in the amount of $972,888.50. ATTACHMENTS: I. Proposed Resolution II. Contract, Bond PREPARED BY: Becky Schuett REVIEWED BY: J1P RESOLUTION 2021- RESOLUTION APPROVING CONSTRUCTION CONTRACT AND BOND FOR THE MEREDITH DRIVE/WARRIOR LANE HMA OVERLAY PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, STATE OF IOWA: That the construction contract and bond executed and insurance coverage for the construction of certain public improvements described in general as the Meredith Drive/Warrior Lane HMA Overlay Project, and as described in detail in the plans and specifications heretofore approved, and which have been signed by the Mayor and Clerk of the City of Clive on behalf of the City of Waukee be and the same are hereby approved as follows: Contractor: Des Moines Asphalt & Paving of Ankeny, IA Amount of bid: $972,888.50 Bond surety: Fidelity and Deposit Company of Maryland Date of bond: June 28, 2021 Portion of project: All construction work PASSED AND APPROVED this 6th day of July, 2021. Mayor ATTEST: City Clerk CONTRACT NO. 47600013 DATE June 24,2021 CONTRACT THIS CONTRACT,made and entered into this 24th day of June , 2021, by and between the City of Clive, Iowa by its Mayor, upon order of its City Council hereinafter called the Jurisdiction", and OMG Midwest, Inc. dba Des Moines Asphalt and Paving hereinafter called the Contractor". WITNESSETH: The Contractor hereby agrees to complete the work comprising the below referenced improvement as specified in the contract documents, which are officially on file with the Jurisdiction, in the office of the City Clerk. This contract includes all contract documents. The work under this contract shall be constructed in accordance with the latest edition of the Urban Standard Specifications for Public Improvements, as further modified by the supplemental specifications and special provisions included in said contract documents and the Contract Attachment which is attached hereto. The Contractor further agrees to complete the work in strict accordance with said contract documents, and to guarantee the work as required by law, for the time required in said contract documents,after its acceptance by the Jurisdiction. This contract is awarded and executed for completion of the work specified in the contract documents for the bid prices shown on the Contract Attachment: Bid Items, Quantities and Prices which were proposed by the Contractor in its proposal submitted in accordance with the Notice to Bidders and Notice of Public Hearing for the following described improvements: MEREDITH DRIVE/WARRIOR LANE HMA OVERLAY PROJECT This project includes all materials,equipment,transportation and labor necessary to construct HMA overlays on Meredith Drive and Warrior Lane. Project items include culvert removal and replacement,subgrade preparation and treatment,HMA overlay,pavement markings,milled rumble strips and traffic control. Specific project location along with the kind and approximate quantity of materials to be used shall be as set forth in the Plans and Specifications. The Contractor agrees to perform said work for and in consideration of the Jurisdiction's payment of the bid amount of nine hundred seventy two thousand eight hundred eighty eight and 501100 dollars($ 972,888.50 ) which amount shall constitute the required amount of the performance, maintenance, and payment bond. The Contractor hereby agrees to commence work on the improvements on or before the late start date of September 7,2021,and shall be fully completed on or before October 29, 2021. Liquidated damages for noncompliance with said completion provisions will be assessed at the rate of Five Hundred Dollars ($500.00) for each calendar day thereafter that the work remains incomplete. J:\2021 Projects\Meredith-Warrior Asphalt PavemenAADMIM04_Contract Data\Contract-Bonds\Contract.doc C-1 CONTRACT CON'T—PROPOSAL) Clive Project No. 47600013 IN WITNESS WHEREOF,the Parties hereto have executed this instrument, in triplicate on the date first shown written. JURIS 'ICTI CONTRACTOR OMG Midwest, Inc. dba By Des Moines Asphalt & Paving Scott Cirksena,Mayor Contractor Seal) By ATTEST: Signature Estimating Manager att ew D. am,City Clerk Title 2401 SE Tones Dr., Suite 13 Street Address Ankeny, IA 50021 City,State,Zip Code 515-262-8296 Telephone CONTRACTOR PUBLIC REGISTRATION INFORMATION To Be Provided By: 1. All Contractors: The Contractor shall enter its Public Registration Number C 1024 _ 06 issued by the Iowa Commissioner of Labor pursuant to Section 91 C.5 of the Iowa Code. 2. Out-of-State Contractors: A. Pursuant to Section 91 C.7 of the Iowa Code,an out-of-state contractor,before commencing a contract in excess of five thousand dollars in value in Iowa, shall file a bond with the division of labor services of the department of workforce development. The contractor should contact 515-242-5871 for further information. Prior to contract execution, the City Engineer may forward a copy of this contract to the Iowa Department of Workforce Development as notification of pending construction work. It is the contractor's responsibility to comply with said Section 91C.7 before commencing this work. B. Prior to entering into contract, the designated low bidder, if it be a corporation organized under the laws of a state other than Iowa, shall file a certificate with the Jurisdictional Engineer from the Secretary of State of the State of Iowa showing that it has complied with all the provisions of Chapter 490 of the Code of Iowa, or as amended, governing foreign corporations. For further information, contact the Iowa Secretary of State Office at 515-281- 5204. Bond No. Name of Surety J:\2021 ProjectsWleredith-WarnorAsphalt Pavement\ADMIN\04_Contract Data\Contract-Bonds\Contract.doc C-2 CONTRACT CON'T—CONTRACT) Clive Project No. 47600013 CORPORATE ACKNOWLEDGMENT State of Iowa SS Polk County) On this 1st day of July 20 21 , before me, the undersigned, a Notary Public in and for the State of Iowa personally appeared Jonathan Nalevanko and to me known, who, being by me duly sworn, did say that they are the Estimating Manger and rem ectively, of the corporation executing the foregoing instrument;that no seal has been procured by (the seal affixed thereto is the seal of) the corporation; that said instrument was signed an sealed) on behalf of the corporation by authority of this Board of Directors; that Jonathan Nalevanko and acknowledged the execution of the instrument to be the voluntary act and deed of the corporation,by it and by them voluntarily executed. Notary Public in and for th State of My commission expires pl l o HEIDI R.V[1CH Commission Qumb9—r 7M I" My Commission Expires ow I January 14, 2024 NOTE: All signatures on this contract must be original signatures in ink; copies or facsimile of any signatures will not be accepted. J:\2021 ProjectsWeredith-Warnor AsphaltPavementWDMIM04_Contract Data\Contract-Bonds\Contract.doc C-3 CONTRACT CON'T-CONTRACT ATTACHMENT) Clive Project No. 47600013 CONTRACT ATTACHMENT: BID ITEMS,QUANTITIES AND PRICES THIS CONTRACT IS AWARDED AND EXECUTED FOR COMPLETION OF THE WORK SPECIFIED IN THE CONTRACT DOCUMENTS FOR THE BID PRICES TABULATED BELOW AS PROPOSED BY THE CONTRACTOR IN ITS PROPOSAL SUBMITTED IN ACCORDANCE WITH NOTICE TO BIDDERS AND NOTICE OF PUBLIC HEARING. ALL QUANTITIES ARE SUBJECT TO REVISION BY THE JURISDICTION. QUANTITY CHANGES WHICH AMOUNT TO TWENTY (20) PERCENT OR LESS OF THE AMOUNT BID SHALL NOT AFFECT THE UNIT BID PRICE. ESTIMATED ITEM DESCRIPTION UNITS UNIT PRICE AMOUNT 1. Subgrade Preparation 28,286 SY $ 1.50 $ 42,429.00 2. Subgrade Treatment,6%Cement 570 TON $ 216.00 $ 123,120.00 Removal of Known Pipe Culvert,CMP, 3. 18" 42 LF $ 36.00 $ 1,512.00 Removal of Known Pipe Culvert,CMP, 4. 24" 72 LF $ 39.00 $ 2,808.00 Removal of Known Pipe Culvert,CMP, 5. 30" 40 LF $ 38.00 $ 1,520.00 Removal of Known Pipe Culvert,CMP, 6. 36" 44 LF $ 37.00 $ 1,628.00 7. Pipe Culvert,Trenched,RCP,21" 32 LF $ 116.00 $ 3,712.00 Pipe Culvert,Trenched,RCP Arch Pipe, 8. 36"Dia.Equivalent 32 LF $ 232.00 $ 7,424.00 9. Pipe Culvert,Trenched,RCP,36" 70 LF $ 170.00 $ 11,900.00 10. Pipe Apron,RCP,2 1" 2 EA $2,900.00 $ 5,800.00 Pipe Apron,RCP Arch Pipe,36"Dia. 11. Equivalent 2 EA $4,900.00 $ 9,800.00 12. Pipe Apron,RCP,36" 4 EA $4,600.00 $ 18,400.00 HMA Pavement,Standard Traffic,Base 13. Course,3/4"Mix 4,705 TON $ 60.00 $ 282,300.00 HMA Pavement,Standard Traffic, 14. Intermediate Course, 1/2"Mix 2,390 TON $ 62.00 $ 148,180.00 HMA Pavement,Standard Traffic,Surface 15. Course, 1/2"Mix,No Spec.Req. 2,390 TON $ 65.50 $ 156,545.00 16. HMA Pavement Samples and Testing 1 LS $1,610.00 $ 1,610.00 Driveway,Granular,Class A Crushed 17. Stone 85 TON $ 35.30 $ 3,000.50 18. Painted Pavement Markings,Durable 389 STA $ 38.00 $ 14,782.00 J12021 Projects\Meredith-Warrior Asphalt PavemenhADMIM04_contract Data\Contract-Bonds\contract.doc C-4 CONTRACT 19. Grooves Cut for Pavement Markings 389 STA $ 24.00 $ 9,336.00 20. Temporary Traffic Control 1 LS $8,400.00 $ 8,400.00 21. Portable Dynamic Message Sign 200 CDAY $ 50.00 $ 10,000.00 22. Flaggers 70 EA $ 410.00 $ 28,700.00 23. Rip Rap 120 TON $ 59.00 $ 7,080.00 24. Silt Fence or Silt Fence Ditch Check 240 LF $ 4.25 $ 1,020.00 Silt Fence or Silt Fence Ditch Check, 25. Removal of Sediment 240 LF $ 1.00 $ 240.00 Silt Fence or Silt Fence Ditch Check, 26. Removal of Device 240 LF $ 1.00 $ 240.00 27. Construction Survey 1 LS $4,500.00 $ 4,500.00 28. Mobilization 1 LS $ 40,000.00 $ 40,000.00 29. Granular Shoulders,Type B 1,390 TON $ 15.80 $ 21,962.00 Milled Shoulder Rumble Strips,HMA 30. Surface 20 STA $ 150.00 $ 3,000.00 Milled Centerline Rumble Strips,HMA 31. Surface 10 STA $ 150.00 $ 1,500.00 Asphalt Emulsion for Fog Seal(Shoulder 32. Rumble Strips) 22 GAL $ 20.00 $ 440.00 BID TOTAL 972,888.50 NOTE: IT IS UNDERSTOOD THAT THE ABOVE QUANTITIES ARE ESTIMATED FOR THE PURPOSE OF THIS BID. ALL QUANTITIES ARE SUBJECT TO REVISION BY THE CITY. QUANTITY CHANGES WHICH AMOUNT TO TWENTY (20) PERCENT OR LESS OF THE TOTAL BID SHALL NOT AFFECT THE UNIT PRICE. J:\2021 Projects\Meredith-Warrior Asphalt Pavement\ADMIN\04_Contract Data\Contract-Bonds\Contract.doc C-5 CONTRACT SURETY BOND NO. 9379689 PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: That we, OMG Midwest, Inc. dba Des Moines Asphalt and Paving , as Principal (hereinafter the Contractor" or"Principal"and Fidelity and Deposit Company of Maryland as Surety are held and firmly bound unto City of Clive as Obligee (hereinafter referred to as the Jurisdiction"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of nine hundred seventy two thousand eight hundred eighty eight and 50/100 dollars ($ 972,888.50 ), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns,jointly or severally,firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Jurisdiction,bearing date the 24th day of June , 20211., (hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following described improvements: MEREDITH DRIVE/WARRIOR LANE HMA OVERLAY PROJECT This project includes all materials, equipment, transportation and labor necessary to construct HMA overlays on Meredith Drive and Warrior Lane. Project items include culvert removal and replacement, subgrade preparation and treatment, HMA overlay, pavement markings, milled rumble strips and traffic control. Specific project location along with the kind and approximate quantity of materials to be used shall be as set forth in the Plans and Specifications. and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. Provided,however,that one year after the date of acceptance as complete of the work under the above referenced Contract, the maintenance portion of this Bond shall continue in force but the penal sum for maintenance shall be reduced to the sum of nine hundred seventy two thousand eight hundred eighty eight and 50/100 dollars($ 972,888.50 ) which is the cost associated with those items shown on the proposal and in the Contract which require a maintenance bond period in excess of one year. It is expressly understood and agreed by the Contractor and Surety in this bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety,to-wit: 1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill and abide by each and every covenant, condition and part of said Contract and Contract Documents, by reference made a part hereof, for the above referenced improvements, and shall indemnify and save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. J\2021 Projects\Meredith-Warrior Asphalt Pavement\ADMIN04_Contract Data\Contract-Bonds\Contract.doc PM-1 NOTICE TO PROCEED CON'T— PERFORMANCE, PAYMENT AND MAINTENANCE BOND) Clive Project No. 47600013 2. PAYMENT: The Contractor and the Surety on this Bond are hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price which the Jurisdiction is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573, Code of Iowa, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of four(4)years from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; B. To keep all work in continuous good repair;and C. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure that any defects are remedied,and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. D. Contractor's and Surety's agreement herein made extends to defects in workmanship or materials not discovered or known to the Jurisdiction at the time such work was accepted. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding,to the following provisions: A. To consent without notice to any extension of time to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, which thereby increases the total contract price and the penal sum of this bond, provided that all such changes do not, in the aggregate, involve an increase of more than twenty percent of the total contract price, and that this bond shall then be released as to such excess increase;and C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. D. That no provision of this Bond or of any other contract shall be valid which limits to less than five years after the acceptance of the work under the Contract the right to sue on this Bond. J:\2021 ProjectsWleredith-Warrior Asphalt Pavement\ADMIN\04_Contract Data\Contract-Bonds\Contract.doc PM-2 NOTICE TO PROCEED CON'T— PERFORMANCE, PAYMENT AND MAINTENANCE BOND) Clive Project No. 47600013 E. That as used herein,the phrase"all outlay and expense"is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Jurisdiction including interest, benefits and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys fees (including overhead expenses of the Jurisdiction's staff attorneys),and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Jurisdiction will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. In the event the Jurisdiction incurs any "outlay and expense" in defending itself with respect to any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation under this bond shall not exceed 125% of the penal sum of this bond. In the event that any actions or proceedings are initiated with respect to this Bond, the parties agree that the venue thereof shall be Polk County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction,the Contractor and the Surety agree,jointly and severally,to pay the Jurisdiction all outlay and expense incurred therefore by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action or actions or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal,as set forth and provided in the Contract, in the Contract Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a word,term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond,the Contract,or the Contract Documents; second, if not defined in the Bond,Contract,or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. J\2021 Projects\Meredith-Warnor Asphalt Pavement\ADMIN\04_Contract Data\Contract-Bonds\Contract.doc PM-3 NOTICE TO PROCEED CON'T— PERFORMANCE, PAYMENT AND MAINTENANCE BOND) Clive Project No. 47600013 Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. Witness our hands, in triplicate,this 28th day of June 2021 Surety Countersigned By:PRINCIPAL: OMG Midwest, Inc. dba Des Moines Asphalt and Paving Signature of Iowa Resident Commission Agent as Contractor Prescribed by Chapter 515.52-57,Iowa Code. Require only if Attorney-in-Fact is not also an Iowa Resident Commission Agent). By: Sign ure /y n/a f7 l f'/tf e, Name of Resident Commission Agent Title SURETY: Company Name Fidelity and Deposit Company a#AArid Company Address Sure Company I By. City,State,Zip Code Signat tto -m-Fact O r- Linda Nipper Company Telephone Number Name of Attorney-in-Fact Officer Marsh USA Inc. Company Name 15 W South Temple Ste 700 Company Address Salt Lake City UT 84101 City,State,Zip Code 801.533.3629 Company Telephone Number NOTE: All signatures on this performance,payment&maintenance bond must be original signatures in ink.Copies or facsimile of any signature will not be accepted.This bond must be sealed with the Surety's raised,embossing seal,and the Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety's raised,embossing seal. J:Q021 Projects\Meredith-Warrior Asphalt PavemenAADMIN04_Contract Data\Contract-Bonds\Contract doc PM-4 NOTICE TO PROCEED ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Linda Nipper its true and lawful agent and Attorney-in-Fact,to make, execute, seal and deliver, for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies, as fully and amply,to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this I Ith day of July,A.D.2019. ro tom\ ,uoe ? 7 SEAL{ f r o LOW ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND y: Rabe Q ,.Army tee Pre'szalgnt: Ri: 17awn E.Brown 7 Secretary State of Maryland County of Baltimore On this 1 Ith day of July, A.D.2019, before the subscriber, a Notary Public of the State of Maryland,duly commissioned and qualified, Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly swom,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,1 have hereunto set my hand and affixed my Official Seal the day and year first above written. O c*3-04, Constance A.Dunn,Notary Public r;;riiiya My Commission Expires:July 9,2023 EXTRACT FROM BY-LAWS OF THE COMPANIES Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 28th day of June 2021 uw Brian M.Hodges,Vice PrPsicnt TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims@zurichna.com 800-626-4577 76/28/2021 E(MM/DDYYY)A" CERTIFICATE OF LIABILITY INSURANCE Y THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the 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). CONTACTPRODUCERLibertyMutualInsuranceCo. National Insurance East NAME: Valerie Reece 2000 Westwood Dr. a/c"N Ext: 513-867-3822 AIC No): Wausau,WI 54401 E-MAIL ADDRESS: Oldcastle.certs Libert Mutual.com INSURER(S)AFFORDING COVERAGE NAIC# www.LibertyMutual.com INSURERA: Liberty Mutual Fire Insurance Company 23035 INSURED INSURERB: Liberty Insurance Corporation 42404 OMG Midwest, Inc. (182-ANK) DBA Des Moines Asphalt& Paving INSURERC: PO BOX 3365 INSURER D Des Moines IA 50316 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 62548844 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITSLTRINSDWVDPOLICYNUMBERMM/DD/YYYY MM/DDIYYYY A D COMMERCIAL GENERAL LIABILITY D TB2-C81-004095-110 9/1/2020 9/1/2021 EACH OCCURRENCE 2,000,000 DAMAGE TO RENTED CLAIMS-MADE D OCCUR PREMISES Ea occurrence $300,000 XCU Coverage Included o Primary/Non-Contributory MED EXP(Any one person) $50,000 n Separation of Insured PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY p PRO- POLICY LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY D AS2-C81-004095-120 9/1/2020 9/1/2021 EaMBINEa.d. n,SINGLELIMIT $ 2000,000 0 ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED AS2-C81-054502-520 9/1/2020 9/1/2021 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS Physical Damage only:PROPERTY DAMAGEHIREDNON-OWNED y 9 y Per accident)ccidentAUTOSONLYAUTOSONLYComprehensiveDed$10,000 Collision Ded$10,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION$ B WORKERS COMPENSATION WA7-C8D-004095-020 9/1/2020 9/1/2021 p STATUTE ERANDEMPLOYERS'LIABILITY Y/N All except OH, ND,WA,WY ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A B (Mandatory in NH) WC7-C81-004095-010 9/1/2020 9/1/2021 E.L.DISEASE-EA EMPLOYEE $1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below WI, MN E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Meredith Drive/Warrior HMA Overlay Project. City of Clive is listed as additional insured with regards to the general liability and automobile liability policies,where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Clive THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2123 NW 111 th Street ACCORDANCE WITH THE POLICY PROVISIONS. Clive IA 50325 AUTHORIZED REPRESENTATIVE Valerie Reece 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03)The ACORD name and logo are registered marks of ACORD 62548844 1 LM 44 1 9/20-9/21 — Standard 2/2, Excess $5M I Erin Ceiing 1 6/28/2021 11:07:55 AM (CDT) I Pago I of I