HomeMy WebLinkAboutStory Construction Co.-10/6/2014CITY OF WATERLOO
Council Communication
City Council Meeting: October 6, 2014
Prepared: September 30, 2014
Dept. Head Signature: Eric Thorson, PE., City Engineer
# of Attachments:
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SUBJECT: F.Y. 2013 STORMWATER LIFT STATIONS:
WESTFIELD AVENUE, VINTON STREET AND VIRDEN CREEK
STORY CONSTRUCTION CO.
Contract No. 831
Submitted by: Eric Thorson, P.E., City Engineer
Recommended City Council Action:
It is recommended that this project be accepted.
Summary Statement
I report that Story Construction Co., of Ames, Iowa, has completed the F.Y. 2013
STORMWATER LIFT STATIONS: WESTFIELD AVENUE, VINTON STREET AND
VIRDEN CREEK, CONTRACT NO. 831 in accordance with the plans and specifications. The
total cost of the contract was $3,206,310.32.
Transmitted also is the Maintenance Bond that guarantees the maintenance of this improvement
for a period of two (2) years.
Expenditure Required
Source of Funds
Policy Issue N/A
Alternative None
Background Information:
Original Contract Amount
Change Orders #1,15
Total Contract Amount
$3,115,000.00
$ 91,310.02
$3,206,310.32
Cc: Rudy Jones, Community Development Director
Pauline Closson, Engineering Depattment
MAINTENANCE BUND
KNOW ALL MEN Et THESE PRESENTS:
Bend No, 54194800
That, Story Construction Co. of Ames IA
as Principal, and the United Fire & Casualty Company
are held and firmly bound unto City of Waterloo, Iowa
as Surety,
in the
penai sUm of Three Million Two Hundred Six Thousand Three Hundred Ten Dollars and 32/100 ($ 3,206,310.32 )
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 (heir 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, Iowa
To furnish all the material and labor necessary for the construction of F.Y. 2013 Storm Water Pump
Stations (Virden Creek, Westfield Avenue and Vinton Street), City of Waterloo, Iowa, Contract
No. 831
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 United Fire & Casualty Company for a valuable consideration,
has agreed to join with said Principal in such bond or guarantee, indemnifying said
City of Waterloo, Iowa
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 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 seals this 22nd
day of September ,2014 ,
Story Construction Co.
By:
Patridc L. Geary, Chief Aerating Cffirpr
United Fire & Casualty C mOny
mei
uione R. Young
Sure
Att6rnev-in-Tact
161 UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA
UNITED FIRE & INDEMNITY COMPANY, GALVESTON, TX
FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA
CERTIFIED 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 PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California
(herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint
Dione R. Young
Inquiries: Surety Department
118 Second Ave SE
Cedar Rapids, IA 52401
319-399-5494
Surety Bond No.: 54194800
Principal: Story Construction Co.
Obligee: City of Waterloo, Iowa
their true and lawful Attorney(s)-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 attomey 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 original 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.
WHEREOF, the COMPANIES have each caused these presents to be signed by its
and its corporate seal to be hereto affixed this lu day of September, 2013
UNITED FIRE & CASUALTY COMPANY
UNITED FIRE & INDEMNITY COMPANY
FINANCIAL PACIFIC INSURANCE COMPANY
Vice President
By:
State of Iowa, County of Linn, ss:
On 1" day of September, 2013, 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.
Judith A Davis
Iowa Notarial Seal
Commission number 173041
My Commission Expires 4/23/2015
1 A Notary Public
I, David A. Lange, Secretaryof UNITED FIRE & CASUALTY COMPANY and Assistant Secretaryof ITED 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 22nd day of September , 2014
My commission expires: 4/23/2015
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BY:
Secretary, UF&C
Assistant Secretary, OF&I/FPIC