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Home My WebLink AboutStory Construction Co.-12/5/2011CITY OF WATERLOO Council Communication City Council Meeting: December 5, 2011 Prepared: November 30, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2010 E. SIXTH STREET STORM PUMP STATION IMPROVEMENTS STORY CONSTRUCTION CO. Contract No. 716 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. 2010 E. SIXTH STREET STORM PUMP STATION IMPROVEMENTS, CONTRACT NO. 716 in accordance with the plans and specifications. The total cost of the contract was $719,737.00. 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 #1-16 Total Contract Amount $708,800.00 10,937.00 $719,737.00 Cc: Rudy Jones, Community Development Director Pauline Closson, Engineering Depattment MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: Bond No. 54182454 That, Story Construction Co. of Ames, Iowa as Principal, and the United Fire & Casualty Company as Surety, are held and firmly bound unto City of Waterloo, Iowa in the Seven Hundred Nineteen Thousand Seven Hundred penal sum of Thirty -Seven and NO/100----------------- --- ($ 719,737.00 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, 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. 2010 E. Sixth St. Storm Pump Station Improvements, Contract No. 716 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) year 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) year 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 17th day of November , 2011. Approved' as to form Cl.ty A1~toxr y Date Story Cons uction Co. Prince United Fire & Casualty Co Surety By: 7--`4"--""-- Attorney-in-fact Dianne S. Riley any • UNITED FIRE &CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS,' IOWA; CERTIFIED COPY OF: POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That •the UNITED.:FIRE & CASUALTY COMPANY a corporation •duly organized and existing under the:laws of the State of Iowa, :and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint KEVIN J:; KNUTSON, OR JACQUELINE:It .DEVINE, OR JODY A..;DECKEtt, ALL..:INDIVIDUALLY.OF THE CEDAR RAPIDS, TA OFFICE, OR DIANE:.,S. RI.LEY,.OR CRAI.O E..HANSEN,'OR JAY D. FREIERMUTH,.OR BRIAN M. DEIMERLY, OR CINDY BENNETT,`OR ANNE CROWNER, DR TIM MCCULLOH, OR STACY VENN, ALL INDIVIDUALLY of DES MOINES IA its 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 as follows: Any and Al<1 Bonds and to bind UNITED FIRE S, CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by. the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the actsof said Attorney, pursuant to the authority hereby given are 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. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by Board of Directors of the Company on April 18, 1973. "Article V Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company 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 Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys -in fact, subject to the'.limftations set forth in their. respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by Ownuulif its vice president and its corporate seal to be hereto affixed this 22nd day of . November, 2010 woman SEAL State of Iowa, County of Linn, ss; On 22nd day of November, 2010, 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 the UNITED FIRE 8, CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; 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 ofsaid corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. UNITED FIRE &-CASUALTY COMPANY Mary A. Jansen iowa Notitrit Seel Commission number 713273 My Commission Expires 10/26/13 Notary Public I, the undersigned officer of the UNITED FIRE & CASUALTY 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 by-laws of said Company as set forth In said Power of; Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same arecorrect 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 `+ gku fr,,i In testimony whereof I have hereunto subscribed: my Hartle and affixed the corporate seal of the said Company p ''• , this 17th day of November 20 11 'CORPORATE 1. = ..rs— a e it B£AL� 4�**`fes # `..., 1