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Home My WebLink AboutStickfort Construction Corporation-1/21/2014CITY OF WATERLOO Council Communication City Council Meeting: January 21, 2014 Prepared: January 15, 2014 Dept. Head Signature: Eric Thorson, City Engineer # of Attachments: SUBJECT: ACCEPTANCE OF IMPROVEMENTS PAVING, SANITARY SEWER, AND STORM SEWER SUNNYSIDE SOUTH ADDITION, LLC Submitted by: Dennis Gentz, E.E., Assistant City Engineer Recommended City Council Action: It is recommended that SUNNYSIDE SOUTH ADDITION, LLC (PAVING, SANITARY SEWER, AND STORM SEWER) be accepted by the City Council. It is also recommended that the two (2) year maintenance bond from STICKFORT CONSTRUCTION CO. be accepted by the City Council and placed on file with the City Clerk with the effective dates being that of final Council approval. Summary Statement The improvements required as a condition precedent to the final approval of SUNNYSIDE SOUTH ADDITION, LLC, 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. Expenditure Required Source of Funds Policy Issue Alternative Background Information: MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: Band No. 2171164 That, Stickfort Construction Corporation of Hudson. IA as Principal, and the North American Specialty Insurance Company as Surety, are held and firmly bound unto City of Waterloo, IA in the penal Sum Of one Million Two Hundred twenty Six Thousand Five Hundred Thirty Seven Dollars and 91/100 (S 1,226, 537.91 Dollars. lawful money of the United States of America, for the payment of which, welt 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, f rmly by these presents, Whereas. the said Principal entered into a certain contract. with Sunnyside South Addition, LLC To furnish all the material and labor necessary for the consuuction of Relocation of West San Marnan Drive (Sunnyside South Addition) in Waterloo, IA Inconformity 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, Indemnit'ing said City of Waterloo, IA Now, therefore, the condition of this obligation is such, that if the said Principal shalt, 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 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. In Witness whereof, we have hereunto set our hands and scats this 11th day of November ,2013 Stickfort Construction Corporation Prirtpipa By: l North erican 1, pecialty Insurance CompanyV14, i��r� Surety �G% SE4l.{t 1913L4 40.0 Atl BY 4 Attomey-in-t-act NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY MULTIPLE OBLIGEE RIDER TO BE ATTACHED TO AND FORM PART OF Performance Bond Bond Bond No. 2171164 dated concurrently with the execution of this Rider, issued by behalf of North American Specialty Insurance Company Stickfort Construction Corporation in favor of City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 315 E. 5th Street, Waterloo, IA 50703 as Obligees. , as Surety, on as Principal, and and Sunnyside South Addition, LLC IT IS HEREBY UNDERSTOOD AND AGREED that the above described Bond(s) are hereby amended to include the following paragraph: Notwithstanding anything contained herein to the contrary, there shall be no liability on the part of the Principal or Surety under this Bond to the Obligees, or any of them, unless the Obligees, or any of them, shall make payments to the Principal, or the Surety in case It arranges for completion of the Contract upon default of the Principal, strictly In accordance with the terms of said Contract as to payments, and shall perform all other obligations required to be performed under said Contract at the time and in the manner therein set forth; and In no event shall the Surety be liable in the aggregate to the Obligees for more than the penalty of the Bond, nor shall it be liable except for a single payment for each single breach or default. At the Surety's election, any payment due to any Obligee may be made by its check issued jointly to any of the Obligees. IT IS FURTHER UNDERSTOOD AND AGREED that nothing herein contained shall be held to change, alter or vary the terms of the above described bond(s) except as hereinafter set forth. SIGNED, SEALED AND DATED this 11th clay of ' November A.D. 2013 BND 260S REV (2103) Stickfort Construction Corporation (Principal) By: 4 , At Norte erica Specialty Insurance Company (Surety) (Attorney -in -Fact) Anne Crowner 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: Anne Crowner Its true and lawful Attomey-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 Corporation Bond Number: 2171164 Obligee: City of Waterloo, IA Bond Amount: See Bond Form Bond Description: Relocation of West San Marnan Drive 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 9th 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 Attorney 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 Attomey 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." 0911IRiigpii. 1�yQq�PO}�• ;G�� Steven P. Anderson, Senior Vice President of Washington International Insurance Company gal & Senior Vico President of North American Specialty Insurance Company VA SEAL Qati By6 46e� i 4,'•49.40.01P 9. Iu '_ 'P� David NL Layman, Vice President •siitl ngtea Intea monal Insurance Company N' & Vice President of North American Specialty Insurance Company 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 Ss' 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. n 041/11.0 "`^' "OFFICIAL SEAL" r�� GJ DONNA D. SKLENS t Notary Public, State of Illinois Donna D. Sklens, Notary Public �MyCommission Expires 1010992015 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 of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 11th day of November , 2013 . lefaey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & Assistant Secretary of North American Specialty Insurance Company