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HomeMy WebLinkAboutIowa Department of Transportation-5/7/2012 (4)Form 640003 03-04 wd Iowa Department of Transportation CERTIFICATE of COMPLETION and FINAL ACCEPTANCE of AGREEMENT WORK Road open to traffic November 17, 2009 COMPANY: Cedar Valley Corporation COUNTY/CITY: Black Hawk/Waterloo Waterloo Contract No. 720 ADDRESS: Waterloo, Iowa PROJECT NO.: RM -8155(671)-9D-07 KIND OF WORK: Roadway grading, paving and associated items AGREEMENT DATE: March 29, 2004 FIELD COMPLETION DATE: August 16, 2011 Agreement No: 2004-R-006 This is to certify that the work covered by the above referenced agreement has been completed in accordance with said agreement and is hereby accepted, subject to final audit of costs. SIGNATURE: /7 ProjectEnginef Thomas J. Noonan; Wayne 'CTaassen Enginee ng & Surveying, Inc. *SIGNATURE: DATE: DATE: 4/3c , 207/ Year District (Construction) (Maintenance) (Local Systems) Engineer Year Approved and work accepted by the Council of this day of u>y City Waterloo, IA Year SIGNATURE: Chairman/Mayor Acknowledge completion of project in accordance with referenced agreement by the Iowa Department of Transportation this day of Year SIGNATURE: Iowa Department of Transportation *On Local State Assisted Projects District does NOT certify but acknowledges completion of project. DO NOT WRITE IN THIS BOX. CENTRAL OFFICE USE ONLY. (Check or Initial Appropriate Box) ❑ Office of Audits ❑ Copy to Company ❑Copies to District ❑ Original to Files MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: Bond No. 190-019-283 That, Cedar Valley Corp. of Waterloo, Iowa as Principal, and the Liberty Mutual Insurance Company As Surety, are held and firmly bound unto City of Waterloo, Iowa in the penal sum of Five Million Seventy Eight Thousand Nine Hundred Two and 98/100 ($ 5,078,902.98 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, Iowa To furnish all the material and labor necessary for the construction of F.Y. 2008 West Commercial St. Extension, River Road Relocation, and Storm Water Pump Station, RM -8155(671)---9D-07; Contract No. 720 in Waterloo, Iowa 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 Liberty Mutual Insurance 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 14th day of March , 2012. Appv. ed as to form Ci !`orney Stacy L. Venn, A_ orney-in-Fact 0 0. a• N Se0) C y .O g tv v• co O111) L > CO d � O L G O O d; ctLo 64- cod tat o .E E O 0 v Ri c OL Zv THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5145734 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. American Fire and Casualty Company The Ohio Casualty Insurance Company West American Insurance Company Liberty Mutual Insurance Company Peerless Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of Ohio, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, that Peerless Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, CRAIG E HANSEN, DIANNE S RILEY, JAY D FREIERMUTH, BRIAN M DEIMERLY, CINDY BENNETT, ANNE CROWNER, STEPHANIE RIVERS FINNEY, STACY L VENN, 11M MCCULLOH, LAURE K GUISINGER all of the city of WEST DES MOINES , state of IOWA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this PowerofAttomey has been subscribed by an authorized officerorofficial of the Companies and thecorporate seals of the Companies have been affixed thereto this 13th day of February , 2012 . STATE OF WASHINGTON COUNTY OF KING ss By: American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company Peerless Insurance Company West American Insurance Company Gregory W. Davenport, Assistant Secretary On this 13th day of February , 2012 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, Peerless Insurance Company and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, West American Insurance Company and Peerless Insurance Company, which resolutions are now in full force and effect reading as follows: ARTICLE N— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attomey-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bands, recognizances and other surety obligations. By: KO Riley , Nota! Public Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary or other officer of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and biding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, West American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full above and foregoing is a true and correct copy of the Power of Attomey executed -y said Companies; which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto -set my hand -and mixed the seals of said Companies this 14th day of March POA-AFCC, LMIC, OCIC, PIC & WAIC LMS_12873_012012 By: ,2012 David M. Carey, Assistant Secretary m N .O co O vy d W c 00. QCrI O� CD C aC13 O E d 0 No 4o a) O c .0 d > 0o EA 00 00 vCD O 1 I— a—