HomeMy WebLinkAbout2016-03-28-D01C Bluestem Lift Station 14 Improvements - Approve Contract, Bond AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 28, 2016
AGENDA ITEM: Consideration of approval of a resolution approving contract, bond
[Waukee Bluestem Lift Station #14 Improvement Project]
FORMAT: Consent Agenda
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $969,108.80
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: City staff recommends approving contract and bond
with J&K Contracting of Ames, IA, in the amount of $969,108.80.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed resolution
II. Contract (signed contracts and bonds are expected to be
delivered to the City prior to the council meeting)
PREPARED BY: Becky Schuett
REVIEWED BY:
RESOLUTION 16-
RESOLUTION APPROVING CONSTRUCTION CONTRACT
AND BOND
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 Bluestem Lift Station
#14 Improvements, and as described in detail in the plans and specifications heretofore
approved, and which have been signed by the Mayor and Clerk on behalf of the City be and the
same are hereby approved as follows:
Contractor:
J&K Contracting
of
Ames, IA
Amount of bid:
$969,108.80
Bond surety:
Date of bond:
Portion of project:
All construction work
PASSED AND APPROVED this 28th day of March, 2016.
Mayor
ATTEST:
City Clerk
NOTICE OF AWARD
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Date: ______________
Project: Bluestem Lift Station #14 Improvements
Owner: City of Waukee, Iowa Owner's Contract No.:
Contract: Bluestem Lift Station #14 Improvements Engineer's Project No.:
2214027-00
Bidder: J&K Contracting, LLC
Bidder's Address: 1307 East Lincoln Way, Ames, IA 50010
You are notified that your Bid dated February 29, 2016 for the above Contract has been considered. You are
the Successful Bidder and are awarded a Contract for completion of the Base Bid ($948,000.00) along with Bid
Alternate #1 (-$1,000.00) and Bid Alternate #3 ($22,108.80).
The Contract Price of your Contract is Nine hundred sixty-nine thousand, one hundred eight Dollars and eighty
Cents ($969,108.80).
Three (3) copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Five
(5) sets of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within ten (10) days of the date you receive this Notice
of Award:
1. Deliver to the Owner three (3) fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the
Instructions to Bidders (Article 23), General Conditions (Paragraph 5.01), and Supplementary
Conditions (Paragraph SC-5.01).
3. Deliver to Owner required Certificates of Insurance.
4. Other conditions precedent: N/A
Failure to comply with these conditions within the time specified will entitle Owner to consider you in default,
annul this Notice of Award, and declare your Bid security forfeited.
Within 10-days after you comply with the above conditions, Owner will return to you one fully executed
counterpart of the Contract Documents.
City of Waukee
Owner
By:
Authorized Signature
Title
Copy to Engineer
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SECTION 00 52 00
AGREEMENT
CONTRACT NO. MEC 2214027-00
DATE
THIS CONTRACT, made and entered into at this day of ,
2016, by and between the City of Waukee, Iowa by its Mayor, upon order of its City Council hereinafter called the
"Owner," and J&K Contracting, LLC of Ames, IA, hereinafter called the "Contractor."
WITNESSETH:
The Contractor hereby agrees to complete the work comprising the below referenced improvements as specified
in the Contract Documents, which are officially on file with the City, in the office of the City Clerk. This contract
includes all Contract Documents.
The term “Contract Documents” means and includes the following:
A. Section 00 11 13 - Notice to Bidders and Notice of Public Hearing.
B. Section 00 21 13 - Instructions to Bidders.
C. Section 00 41 00 - Bid Form.
D. Section 00 43 13 - Bid Bond.
E. Section 00 51 00 - Agreement.
F. Section 00 61 00 - PPM Bond Forms.
G. Section 00 72 00 – General Conditions of the Construction Contract.
H. Section 00 73 00 – Supplementary Conditions.
I. Detailed Specifications as listed in the Table of Contents of the Project Manual.
J. Plans Numbered GN-01 (Sheet 01) through DE-09 (Sheet 38) bearing the following general
title: Waukee Bluestem Lift Station #14 Improvements, Waukee, Iowa.
K. Standard Drawings
L. Addenda Number 1 through 2.
M. Change Orders Number 1 through .
N. Notice to Proceed
The work under this contract shall be constructed in accordance with the SUDAS Standard Specifications, 2015
Edition and Waukee Standard Specifications for Public Improvements, and as further modified by the
supplemental specifications and special provisions included in said contract documents. 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 City.
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 - Item 1: 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:
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Bluestem Lift Station #14 Improvements
WAUKEE, IOWA
MEC PROJECT NO. 2214027-00
Construct the BLUESTEM LIFT STATION #14 IMPROVEMENTS including all materials, labor and
equipment necessary for installation of:
1. Construction of approximately 720 linear feet of 8-inch gravity sewer main including manholes
and other appurtenances.
2. Construction of a 400 gallon per minute wet well submersible lift station with standby
generator, precast wet well and valve vault.
3. Construction of approximately 360 linear feet of 6-inch force main from the lift station to an
existing 6-inch force main.
4. Construction of approximately 220 linear feet of 6-inch force main from an existing 6-inch
force main to a downstream sanitary manhole.
5. Site restoration and other miscellaneous work.
6. Electrical, HVAC, Instrumentation, and Controls.
7. All other work shown on the Drawings and called for in the Specifications.
The Contractor agrees to perform said work for and in consideration of the City’s payment of the bid amount of Nine
hundred sixty-nine thousand, one hundred eight DOLLARS and eighty CENTS ($969,108.80) which amount shall
constitute the required amount of the performance, maintenance, and payment bond. The Contractor hereby agrees
to commence work under this contract on or before a date to be specified in a written notice to proceed by the City
and to substantially complete the project by August 12, 2016 and to fully complete the project by October 31, 2016;
and to pay damages for noncompliance with said completion provisions at the rate of $750.00 for each calendar
day thereafter that the work remains incomplete.
IN WITNESS WHEREOF, the Parties hereto have executed this instrument, in triplicate on the date first shown written.
CITY OF WAUKEE, IOWA CONTRACTOR
By
William Peard, Mayor Contractor
(Seal) By
ATTEST: Signature
Rebecca D. Schuett, City Clerk Title
FORM APPROVED BY:
Street Address
Attorney for Jurisdiction City, State, Zip Code
Telephone
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CONTRACTOR PUBLIC REGISTRATION INFORMATION To Be Provided By:
1. All Contractors: The Contractor shall enter its Public Registration Number __ __ __ __ __ - __ __ issued by the
Iowa Commissioner of Labor pursuant to Section 91C.5 of the Iowa Code.
2. Out-of-State Contractors:
A. Pursuant to Section 91C.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. 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 is a corporation organized under the laws of a
state other than Iowa, shall file with the Engineer a certificate from the Secretary of the State of Iowa showing
that it has complied with all the provisions of Chapter 490 of the Iowa Code, or as amended, governing
foreign corporations.
NOTE: All signatures on this contract must be original signatures in ink; copies, facsimile, or electronic
signatures will not be accepted.
CORPORATE ACKNOWLEDGMENT:
State of )
) SS
County)
On this _____ day of _____________, 20____, before me, the undersigned, a Notary Public in and for the State of
______________, personally appeared _____________________ and _____________________, to me known, who,
being by me duly sworn, did say that they are the ____________________, and ___________________, respectively,
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 (and sealed) on behalf of the corporation by authority
of this Board of Directors; that ______________________ 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 the State of
My commission expires , 20
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PARTNERSHIP ACKNOWLEDGMENT:
State of )
) SS
County)
On this ____ day of _______________, 20 ___, before me, the undersigned, a Notary Public in and for the State of
______________, personally appeared _________________ to me personally known, who being by me duly sworn,
did say that the person is one of the partners of ________________________, a partnership, and that the instrument
was signed on behalf of the partnership by authority of the partners and the partner acknowledged the execution of
the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed.
Notary Public in and for the State of
My commission expires , 20
INDIVIDUAL ACKNOWLEDGMENT:
State of )
) SS
County)
On this _____ day of _____________, 20____, before me, the undersigned, a Notary Public in and for the State of
______________, personally appeared _____________________ and _____________________, to me known to be
the identical person(s) named in and who executed the foregoing instrument, and acknowledged that (he) (she) (they)
executed the instrument as (his) (her) (their) voluntary act and deed.
Notary Public in and for the State of
My commission expires , 20
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT:
State of )
) SS
County)
On this _____ day of ____________, 20____, before me a Notary Public in and for said county, personally appeared
__________________, to me personally known, who being by me duly sworn did say that person is ___________ of
said _____________________, that (the seal affixed to said instrument is the seal of said OR no seal has been
procured by the said) ______________________, and that said instrument was signed and sealed on behalf of the
said ____________________, by authority of its managers and the said ___________________ acknowledged the
execution of said instrument to be the voluntary act and deed of said _________________________, by it voluntarily
executed.
Notary Public in and for the State of
My commission expires , 20
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Contract Attachment – Item 1: Bid Items, Quantities, and Prices
Bidder agrees to perform the work described in the Contract Documents for the following prices:
Description Units Extension
Item 1 – Lift Station, Valve Vault, and Sanitary Utility Piping Lump Sum $ 540,000.00
Item 2 – Control Building and Controls Lump Sum $ 189,000.00
Item 3 – Standby Generator and Automatic Transfer Switch Lump Sum $ 44,000.00
Item 4 – Other Utility Piping & Surface Restoration Lump Sum $ 150,000.00
Item 5 – Contingency Allowance Lump Sum $ 25,000.00
TOTAL PROJECT LUMP SUM BID PRICE Lump Sum $ 948,000.00
Item 6 - Bid Alternate 1 – Prefabricated Control Building and Controls $ -1,000.00
Item 8 - Bid Alternate 3 – Rough & Final Grading $ 22,108.80
TOTAL PROJECT CONTRACT Lump Sum $ 969,108.80
Bidder has included the following Unit Prices in the TOTAL PROJECT LUMP SUM BID PRICE in the above table:
Item Description Specification
Section(s)
Drawing
Sheet Quantity Unit Price Extension
ITEM 1: LIFT STATION, VALVE VAULT, AND SANITARY UTILITY PIPING
1.08 8-IN PVC Sanitary Sewer, Trenched 31 23 16.13,
33 31 13 SA-02 124 LF $115.00 $14,260.00
1.09 8-IN PVC Sanitary Sewer, Trenchless 33 05 23.13,
33 31 13
SA-01
SA-02 595 LF $215.00 $127,925.00
1.13 6-IN PVC Force Main, Trenched 31 23 16.13,
33 31 13
SA-03
SA-04 304 LF $85.00 $25,840.00
1.14 6-IN PVC Force Main, Trenchless 33 05 23.13,
33 31 13 SA-03 272 LF $70.00 $19,040.00
ITEM 3: STANDBY GENERATOR AND AUTOMATIC TRANSFER SWITCH
3.02
Registration for Stationary Ignition
Internal Combustion Engines less than
400 Brake Horsepower
26 30 10 ME-01 1 LS $1,000.00 $1,000.00
ITEM 4: OTHER UTILITY PIPING & SURFACE RESTORATION
4.03 12-IN RCP Storm Sewer, Trenched
31 23 16.13,
33 05 13,
33 41 13
PS-02,
PS-02A 30 LF $115.00 $3,450.00
4.06
Water Service Piping – 1.5-IN Diameter
Cross-linked Polyethylene (PEX) Pipe,
Trenched
22 11 00 WA-01 284 LF $45.00 $12,780.00
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4.07 Water Service Piping – 1.5-IN Diameter
Copper Tubing, Trenched 22 11 00 WA-01 16 LF $60.00 $960.00
4.08 Water Service Piping – 1.5-IN Diameter
Copper Tubing, Trenchless 22 11 00 WA-01 73 LF $80.00 $5,840.00
4.15 PCC Pavement, 5-IN Trail Removal 32 13 13 SA-03
SA-04 308 SY $15.00 $4,620.00
4.16 PCC Pavement, 5-IN Trail 32 16 23 SA-03
SA-04 308 SY $100.00 $30,800.00
4.22 Clearing and Grubbing 31 10 00 SA-01/02
SA-03/04 864 SY $2.00 $1,728.00*
4.23 Surface Restoration Grading 31 22 19 SA-01/02
SA-03/04 910 SY $6.00 $5,460.00
4.24 Sodding 32 92 23
PS-02,
SA-01/02
SA-03/04
WA-01
910 SY $9.00 $8,190.00
4.25 Tree Replacement 32 93 00 SA-01 5 EA $600.00 $3,000.00
4.26 Shrub Replacement 32 93 00 SA-01
SA-03 17 EA $125.00 $2,125.00
4.28 Uncharted Utilities, Parallel 01 10 00 - 175 LF $15.00 $2,625.00
4.29 Uncharted Utility, Perpendicular 01 10 00 - 6 EA $300.00 $1,800.00
4.30 Drain Tile Repair 31 23 16.13 - 3 EA $600.00 $1,800.00
ITEM 8: BID ALTERNATE 3 - ROUGH & FINAL GRADING
8.03 Urban Hydro Seeding 32 92 19 PS-02A 2,928 SY $1.10 $3,220.80
8.04 Silt Fence 31 25 00 PP-02A,
PP-03 2,592 LF $1.50 $3,888.00
*Corrected Unit Price Extension (Unit Price Governs per Specification Section 00 21 13 Part 10.2)
End.
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SECTION 00 61 00
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
SURETY BOND NO.
KNOW ALL BY THESE PRESENTS:
That we, J&K Contracting, LLC of Ames, IA, as Principal (hereinafter the “Contractor” or “Principal” and
____________________________________________, as Surety are held and firmly bound unto City of Waukee,
Iowa, as Obligee (hereinafter referred to as “the Owner”), 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 sixty-nine thousand, one hundred eight
DOLLARS and eighty CENTS ($969,108.80), lawful money of the United States, for the payment of which sum,
well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly
by these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a contract with the
Owner, bearing date the _______ day of ___________________, 2016, hereinafter the “Contract”) wherein said
Contractor undertakes and agrees to construct the following described improvements:
Bluestem Lift Station #14 Improvements
WAUKEE, IOWA
MEC PROJECT NO. 2214027-00
Construct the BLUESTEM LIFT STATION #14 IMPROVEMENTS including all materials, labor and
equipment necessary for installation of:
1. Construction of approximately 720 linear feet of 8-inch gravity sewer main including manholes
and other appurtenances.
2. Construction of a 400 gallon per minute wet well submersible lift station with standby
generator, precast wet well and valve vault.
3. Construction of approximately 360 linear feet of 6-inch force main from the lift station to an
existing 6-inch force main.
4. Construction of approximately 220 linear feet of 6-inch force main from an existing 6-inch
force main to a downstream sanitary manhole.
5. Site restoration and other miscellaneous work.
6. Electrical, HVAC, Instrumentation, and Controls.
7. All other work shown on the Drawings and called for in the Specifications.
and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good
and workmanlike manner, and in accordance with the Contract Documents. Provided, however, that one year after
the date of acceptance as complete of the work under the above referenced Contract, the maintenance portion of
this Bond shall continue in force but the penal sum for maintenance shall be reduced to the sum of
($ ), which is
the cost associated with those items shown on the proposal and in the Contract that require a maintenance bond
period in excess of one year.
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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 Owner from all
outlay and expense incurred by the Owner 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.
2. PAYMENT: The Contractor and the Surety on this Bond 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 the Owner 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 of
the Iowa Code, 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) year (s) 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 Owner’s reasonable costs of monitoring and inspection to assure that any defects
are remedied, and to repay the Owner all outlay and expense incurred as a result of
Contractor’s and Surety’s failure to remedy any defect as required by this section.
Contractor’s and Surety’s agreement herein made extends to defects in workmanship or materials not
discovered or known to the Owner 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 20% 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 damage penalty
is being charged against the Contractor.
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The Contractor and every Surety on the bond shall be deemed and held bound, any contract to the contrary
notwithstanding, to the following provisions:
D. That no provision of this Bond or of any other contract shall be valid that limits to less than five
years after the acceptance of the work under the Contract the right to sue on this Bond.
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 Owner 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 Owner’s
staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner. It is
intended the Contractor and Surety will defend and indemnify the Owner on all claims made
against the Owner 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
Owner 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 Owner incurs any “outlay and expense” in defending itself against 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 Owner 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 regarding this Bond, the parties agree that the venue
thereof shall be Dallas County, State of Iowa. If legal action is required by the Owner to enforce the provisions of
this Bond or to collect the monetary obligation incurring to the benefit of the Owner, the Contractor and the Surety
agree, jointly, and severally, to pay the Owner all outlay and expense incurred therefor by the Owner. All rights,
powers, and remedies of the Owner hereunder shall be cumulative and not alternative and shall be in addition to
all rights, powers, and remedies given to the Owner, by law. The Owner 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(s) 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 work, 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.
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.
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Project No. MEC 2214027-00
Witness our hands, in triplicate, this _______ day of ___________________, 2016.
SURETY COUNTERSIGNED BY: PRINCIPAL:
Signature of Agent Contractor
By:
Printed Name of Agent Signature
Company Name Title
Company Address SURETY:
City, State, Zip Code Surety Company
By:
Company Telephone Number Signature Attorney-in-Fact Officer
Printed Name of Attorney-in-Fact Officer
FORM APPROVED BY:
Company Name
Attorney for Owner
Company Address
City, State, Zip Code
Company Telephone Number
NOTE:
1. All signatures on this performance, payment, and maintenance bond must be original signatures
in ink; copies, facsimile, or electronic signatures will not be accepted.
2. This bond must be sealed with the Surety’s raised, embossing seal.
3. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed
with the Surety’s raised, embossing seal.
4. The name and signature of the Surety’s Attorney-in-Fact/Officer entered on this bond must be
exactly as listed on the Certificate or Power of Attorney accompanying this bond.
End.
REMOVE THIS PAGE & INSERT
CERTIFICATE OF INSURANCE HERE
(The City of Waukee & McClure Engineering Company shall be included as
additional insureds per Specification Section 00 73 00 SC‐2.01.