HomeMy WebLinkAboutStickfort Construction-6/14/2010 (2)RESOLUTION NO. 2010-474
RESOLUTION APPROVING THE RECOMMENDATION OF
ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED
BY STICKFORT CONSTRUCTION CORPORATION OF
CEDAR FALLS, IOWA FOR THE F.Y. 2009 RIVERVIEW
RECREATIONAL TRAIL, CONTRACT NO. 726, AND
ACCEPTING THE WORK.
WHEREAS, Stickfort Construction Corporation of Cedar Falls,
Iowa, has under contract with the City of Waterloo, Iowa,
furnished certain materials and performed labor at a total cost
of $318,535.62 in connection with the F.Y. 2009 Riverview
Recreational Trail, Contract No. 726, in the City of Waterloo,
Iowa.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
that the Certificate of Completion and Recommendation of
Acceptance be and the same hereby approved.
PASSED AND ADOPTED this 14th day Qf June, 2010.
///
Ernest G. Clark, Mayor
ATTEST:
Suzy ares, CMC
City Clerk
CITY OF WATERLOO
Council Communication
City Council Meeting: June 14, 2010
Prepared: June 8, 2010
Dept. Head Signature: Eric Thorson, PE., City Engineer
# of Attachments:
SUBJECT: FY 200kIVERVIEW RECREATIONAL TRAIL
CONTRACT NO. 726
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 STICKFOILT CONSTRUCTION CORPORATION,. of Cedar Falls, Iowa, has
completed the F.Y. 2005 RIVERVIEW RECREATIONAL TRAIL, CONTRACT NO. 726
in accordance with the plans and specifications. The total cost of the contract was $318,535.62.
Transmitted also is the Maintenance Bond that guarantees the maintenance of this improvement
for a period of two (2) years.
Expenditure Required None
Source of Funds
State Recreational Trail Funding - RT Funds and General Obligation Bonds
Policy Issue N/A
Alternative None
Background Information:
Cc: Stickfort Construction Corporation
Louis Starks, Contract and Grants Coordinator
Pauline Closson, Engineering Department
MAINTENANCE 130Nb
KNOW ALL MEN BY 7TIF.SE PRESENTS;
Bond No. IAC 94362
That, Stickfort Construction Corporation of Cedar Falls. IA
as Principal, and the Merchants Bonding Company (Mutual) as Surety,
are held and firmly bound unto City of Waterloo, IA in the
penal sum of Three Hundred Eighteen Thousand Five Hundred Thirty Five Dollars and 62/100 ($ 318,535.62 )
Dollars. lawful money of Ow United States of America, for the payment of whkh, well and truly to be made,
the Principal and Surety bind themsclves, their and each of their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
Whereas. the said Principal entered tato a certain contract. with City of Waterloo, IA
To furnish alt the material and labor necessary for the construction of F.Y. 2009 Riverview
Recreational Trail 18th Street to Mitchell Avenue
in Waterloo, IA In conformity with certain specifications; and
Whereas, a further condition.of said contract it that the said Principal should furnish a bond in
indemnity, guaranteeing to remedy any defects in workmanship or materials chat 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 Merchants Bonding Company (Mutual) 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 alt 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 alt other respects, comply with all the terms and
conditions of said contract with respect to nnaintenance and repair of said work, then this obligation to be
null and void; otherwise to he and remain in full force and virtue in law.
In Witness whereof, we have hereunto set our hands and scall this 7th
day of June ,2010 ,
Stickfort Construction Corporation
By;
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MERCANTS N AT I O N S
BONDING COMPANY BONDING COMPANY
POWER QF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That MERCHANTS BONDING COMPANY (MUTUAL) is a corporation duly organized
under the laws of the State of Iowa, and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State
of Texas (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Dianne S. Riley
its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign. execute and acknowledge, at any place
within the United States, the following surety bond:
Surety Bond #: IAC 94362
Principal: Stickfort Construction Crorporation
Obligee: City of Waterloo, IA
and to bind the Companies thereby as fully and to the same extent as if such bond undertaking was signed by the duly authorized
officers of the Companies, and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
•
This Power-of-Attomey is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors of
the Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding Company
on April 19, 2003.
"The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the
Company thereto, bonds and undertakings, recognlzances, contracts of indemnity and other writings obligatory in the nature
thereof.
The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or
Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations
of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 26th day of February, 2009
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STATE OF IOWA
COUNTY OF POLK ss.
MERCHANTS BONDING COMPANY (MUTUAL)
NATIONS BONDING COMPANY
By
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President
On this 26th day of February , 2009 before me appeared LarryTaylor, to
me personally known, who being by me duly swam did say that he is President of MERCHANTS BONDING COMPANY (M AL) and
NATIONS BONDING COMPANY; arid that the seals affixed to the foregoing instrument are the corporate seals of the Companies; and
that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first
above written.
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and NATIONS BONDING COMPANY do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is
stip in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 7th day of
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CINDY SMYTH
Commission Number 173504
My Commission Expires
March 16, 2412
Notary Public, Polk County, Iowa
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June ,2010
Secretary
CITY OF WATERLOO
Council Communication
City Council Meeting: August 9, 2010
Prepared: August 3, 2010
Dept. Head Signature: Eric Thorson, City Engineer
# of Attachments:
0-- 00-- '‘r4/
I
SUBJECT: FY 2008 RIVERVIEW RECREATIONAL TRAIL
CONTRACT NO. 726
RT-RVVW(002)-9H-07
Submitted by: Jeff Bales, Associate Engineer
Recommended City Council Action:
Approve Certificate of Completion and Final Acceptance of Agreement Work and authorize
Mayor to sign.
Summary Statement:
The project was previously accepted on June 14 for a final cost of $318,535.62. This document is
required by the Iowa Department of Transportation before final reimbursements can be made to
City as a part of state recreational trail grant per city/state agreement.
Expenditure Required N/A
Source of Funds N/A
Policy Issue N/A
Alternative N/A
Background Information:
June 14, 2010
134553 - Getty/Hart
Page 4
that "Resolution approving Engineering Design Services Agreement with Ament Inc.
in the amount of $9,800.00 for Traffic Safety Improvements at the Intersections
of Williston Avenue & Baltimore Street and Williston Avenue & West 9th Street",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-471.
134554 - Getty/Hart
that "Resolution setting date of hearing as June 28, 2010 to approve request by
Iowa Habitat for Humanity to purchase two lots located at 231 and 251 Jackson
Street for $1.00 each with Development Agreement for the purpose of building two
new homes", be adopted and City Clerk instructed to publish notice of same.
Ayes: Seven.
Mayor Clark asked if these are 657a houses.
Aric Schroeder stated these are the properties we are obtaining through 657a
agreements.
Resolution adopted and upon approval by Mayor assigned No. 2010-472.
134555 - Welper/Schmitt
that "Resolution approving one year agreement with Cedar Bend Humane Society for
Black Hawk Animal Control Services at the rate of $17,229.50 per month plus
wildlife and DOA deer pick up fees, effective July 1, 2010", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-473.
134556 - Welper/Schmitt
that Change Order No. 2 for a net decrease of $10,139.40 for work performed by
Stickfort Construction Corporation of Cedar Falls, Iowa in conjunction with F.Y.
2008 Riverview Recreational Trail, Contract No. 726, be received, placed on file
and approved and Mayor authorized to execute same. Ayes: Seven. Motion
carried.
134557 - Welper/Schmitt
that "Resolution approving Completion of Project and Recommendation of
Acceptance of Work performed by Stickfort Construction Corporation of Cedar
Falls, Iowa at a total cost of $318,535.62 in conjunction with F.Y. 2008
Riverview Recreational Trail, Contract No. 726, and receive and file two-year
maintenance bond", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-474.
134558 - Hart/Welper
that "Resolution authorizing redemption of outstanding General Obligation Bonds,
Series 2002A, of the City of Waterloo, Iowa, dated June 1, 2002 and directing
the Notice of Redemption", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-475.
134559 - Hart/Cole
that Tax Exemption Certificate in conjunction with $9,165,000.00 General
Obligation Bonds, Series 2010A (Taxable Build America Bonds), be received,
placed on file and approved. Ayes: Seven. Motion carried.
134560 - Hart/Cole
that Continuing Disclosure Certificate in conjunction with Issuance of
$9,165,000.00 General Obligation Bonds, Series 2010A (Taxable Build America
Bonds), be received, placed on file and approved and Mayor and City Clerk
authorized to execute same. Ayes: Seven. Motion carried.
134561 - Hart/Cole
that "Resolution authorizing and providing for the Issuance of $9,165,000.00
General Obligation Bonds, Series 2010A (Taxable Build America Bonds) and levying
tax to pay for said bonds", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2010-476.