HomeMy WebLinkAboutK. Cunningham Construction Co.-1/26/2015Item Coversheet
CITY OF WATERLOO
Council Communication
Page 1 of 1
Resolution approving Acceptance of Improvements of the Hammond Hills Sixth Addition (Paving) performed by
K. Cunningham Construction Co., Inc., of Cedar Falls, Iowa, and (Sanitary Sewer & Storm Sewer) performed by
Stickfort Construction Co., of Hudson, Iowa; and receive and file two-year Maintenance Bond from both
contractors.
City Council Meeting: 1/26/2015
Pr• ' red: 1/21/2013
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Resolution approving Acceptance of Improvements of the Hammond Hills Sixth
Addition (Paving) performed by K. Cunningham Construction Co., Inc., of
Cedar Falls, Iowa, and (Sanitary Sewer & Storm Sewer) performed by Stickfort
Construction Co., of Hudson, Iowa; and receive and file two-year Maintenance
Bond from both contractors.
Submitted By: Dennis Gentz, PE, Assistant City Engineer
The improvements required as a condition precedent to the approval of
Hammond Hills Sixth Addition, Waterloo, Iowa; namely paving and the
installation of sanitary sewer and storm sewer have been completed in substantial
conformance with the construction plans, standards, and requirements of this
office.
http://waterloo.novusagenda. com/AgendaWeb/Coversheet. aspx?ItemID=5 87 1/21/2015
l01
UNITED FIRE & CASUALTY COMPANY
CEDAR RAPIDS, IOWA
Bond Number 54-202223
MAINTENANCE BOND
KNow ALL BY THESE PRESENTS: That we K. Cunningham Construction Co., Inc.
of 1025 Center Street, Cedar Falls IA 50613
as Principal, and the UNITED FIRE & CASUALTY COMPANY, an Iowa corporation of Cedar Rapids, Iowa, and authorized
to do business in the state of Iowa as Surety, are held and firmly bound unto
City of Waterloo
in the penal sum of Sixty-five Thousand Eight Hundred Twenty-three & no/100ths ($ 65,823.00 ) Dollars,
lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety
bind themselves, their and each of their heirs, executors, and administrators, successors and assigns, jointly and severally, firmly
by these presents.
Signed and delivered this 8th day of October A.D. 2014
WHEREAS, the said Principal entered into a certain contract, dated the day of
, to furnish all the material and labor necessary for the construction of
Hammond Hills 6th Addition Concrete Paving
in conformity with certain specifications; and
WHEREAS, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing
to remedy any defects in workmanship or materials that may develop in said work with a period of Two (2) years from the
date of acceptance of the work under said contract and
WHEREAS, the said UNITED FIRE & CASUALTY COMPANY, of Cedar Rapids, Iowa, for a valuable consideration, has
agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo
as aforesaid;
Now, THEREFORE, the Condition of This Obligation is Such, that if the said Principal does and shall, at his/her own cost
and expense, remedy any and all defects that may develop in said work, within the period of Two (2) years 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 good repair during said period, and shall in all other respects, comply with
all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be
null and void; otherwise to be and remain in full force and virtue in law.
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K. Cunningham Construction Co., Inc.
By
PRINCIPAL
UNITED FIRE & CASUALTY COMPANY
By
Nancy
tat, Attorney -in -Fact
ATTOR.NEY-IN•FACT
UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA
UNITED FIRE & INDEMNITY COMPANY, GALVESTON, TX
FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA
CER 1'IF11KD COPY OF POWER OF ATTORNEY
(original on file at Home Office of Company - See Certification)
KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under
the laws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of
Texas; and FINANCIAL PACIFICpp INSURANCE CggOMPANYrp,,00a corporation duly organizeedpand existing under the laws of the State of California.
(F. MELVYNerein 1vely HRUBETZZ, Red the oGREEGGeT.aLAd hMAIR, ORtheir NANCYD. Brate ALTU AT, OR MARK E. Kids, State EAIRNES, Odoes R make,
titute CK K.
appoint
DUFF, OR JEFFREY R. BAKER, T.LA
JOSEPH I. SCHMIT, OR JILL SHAFFER, ALL INDIVIDUALLY of WEST DES MOINES
IA
Inquiries: Surety Department.
118 Second Ave SE
Cedar Rapids, IA 52401
their true and lawful Attorneys) -in -Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings
and other obligatory instruments of similar nature provided that no single obligation shall exceed $100 , 000 , 000 , 00
and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies
and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed.
The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY,
UNITED FIRE & INDEMNITY COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY.
This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of
Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE
COMPANY. "Article VI — Surety Bonds and Undertakings"
Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to
time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds,
undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be
affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal,
when so used, being adopted by the Companies as the orifi nal signature of such officer and the original seal of the Companies, to be valid and
binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set
forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such
instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of
the Companies may at any time revoke all power and authority previously given to any attorney-in-fact.
State of Iowa, County of Linn, ss:
WHEREOF, the COMPANIES have each caused these presents to be signed by its
and its corporate seal to be hereto affixed this 10th day of March, 2014
UNITED FIRE & CASUALTY COMPANY
UNITED FIRE & INDEMNITY COMPANY
FINANCIAL PACIFIC INSURANCE COMPANY
By:
Vice President
On 10th day of March, 2014, before me personally came Dennis J. Richmann
to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED
FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC
INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the
seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations
and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations.
��+e r Judith A. Davis '
z Iowa Notarial Seal , • jw.— A Notary Public
• Commission number 173041 My commission e ices: 4/23/2015
ti My Commission Expires 4123/2015
I, David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of 1 1 FIRE & INDEMNITY COMPANY,
and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power
of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the
ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the
said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations
this 8th day of October ,2014
BPOA0049 0913
By:
Secretary, UF&C
Assistant Secretary, OF&I/FPIC
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
Bond No. 2189451
That, Stickfort Construction Co. of Hudson, IA
as Principal, and the North American Specialty Insurance Company
are held and firmly bound unto City of Waterloo, IA
as Surety,
in the
penal sum of One Hundred Thirty Thousand Nine Hundred Seventy Seven Dollars and 75/100 ($ 130,977.75
Dollars. lawful money of the United States of America, for the payment of which, well and truly to be made,
the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents,
Whereas, the said Principal entered into a certain contract. with City of Waterloo, IA
To furnish all the material and labor necessary for the construction of Water, Sanitary & Storm
Sewer Improvements on Ravenwood Circle
in Waterloo, IA in conformity with certain specifications; and
Whereas, a further condition of said contract is that the said Principal should furnish a bond in
indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in
said work within a period of Two ( 2 ) years from the date of acceptance of the work
under said contract; and
Whereas, the said North American Specialty Insurance Company for a valuable consideration,
has agreed to join with said Principal in such bond or guarantee, indemnifying said
City of Waterloo, IA
Now, therefore, the condition of this obligation is such, that if the said Principal shall, at his own cost
and expense, remedy any and all defects that may develop in said work within the period
of Two ( 2 ) years 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 good repair during said period, and shell in alt other respects, comply with all the terms and
condition of said contract with respect to maintenance and repair of said work, then this obligation to be
null and void; otherwise to be and remain in full force and virtue in law.
In Witness whereof, we have hereunto set our hands and seals this
day of September ,2014 ,
4r-wiect cis -to 4m^
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Datsu
22nd
Stickfort Construction Co.
By:
North American Specialty Insurance Company turo
y ,!
Surety ` Q iin'o't.irs°
,:b ,.: 0
J �! /���� �o� SEAL
5y; i '� €t"i �J, Jk 'b,ii � utt.Z 1973 e,
Cindy ennett ]attorney -in -t -act fid`• #;••' a:
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance
Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,
Illinois each does hereby make, constitute and appoint: Cindy Bennett
Its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, the following surety bond:
Principal: Stickfort Construction Co. Bond Number: 2189451
Obligee: City of Waterloo, IA Bond Amount: See Bond Form
Bond Description: Water, Sanitary & Storm Sewer Improvements on Ravenwood Circle
Provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of:
FIFTY MILLION ($50,000,000) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on
the 9`h of May, 2012:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attomey qualifying the attorney named in
the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is
authorized to attest to the execution of any such Power of Attomey and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached"
By
Steven P. Anderson, Senior Vice President of Washington International Insurance Company
& Senior Vico President of North American Specialty Insurance Company
David M. Layman, Vice President °Washington International Insurance Company
& Vice President of North American Specialty Insurance Company
By
r: SEAL 4'
o:
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 25th day of May 2012 .
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook
On this 25th day of May 20 12 , before me, a Notary Public personally appeared Steven P. Anderson . Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally
known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said
instrument to be the voluntary act and deed of their respective companies.
ss:
"OFFICIAL SEAL••
DONNAD.SKLENS
Notary Public, State of Illinois
My Commission Expires 10/06/2015
kolota AleihAz
Donna D. Sklens,Notary Public
I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power,MAttorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, 1 have set my hand and affixed the seals of the Companies this 22nd day of September 2014
Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International insurance Company &
Assistant Secretary of North American Specialty Insurance Company