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HomeMy WebLinkAboutIowa Department of Transportaiton-12/12/2016Coversheet CITY OF WATERLOO Council Communication B o Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Cedar Valley Corporation, of Waterloo, Iowa, at a total cost of $5 • , : . . . njunction with F.Y. 2016 Midport Boulevard Extension - Phase III, Contract No. 894. City Council Me Prepared: 12/7 016 g: 12/12/2016 ATTACHMENTS: Description 13 Cont 894 final co D Cont 894 final qty summary Ci Cont 894 comp cert Type Cover Memo Cover Memo Cover Memo Resolution approving Completion of Project and Recommendation of Acceptance of Work performed SUBJECT: by Cedar Valley Corporation. of Waterloo, Iowa, at a total cost of $549,303.56 in conjunction with F.Y. 2016 Midport Boulevard Extension - Phase III, Contract No. 894. Submitted by: Submitted By: Eric Thorson, PE, City Engineer It is recommended that the project be accepted and that Council approve the "Certificate of Recommended Action: Completion and Final Acceptance of Agreement Work" and authorize the Mayor to sign said document. Summary Statement: I report that Cedar Valley Corporation, of Waterloo, Iowa, has completed the above referenced project in accordance with the plans and specifications. Source of Funds: http://waterloo.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=7036 12/7/2016 Form64tJ003 `03-04 wd frA Iowa Department of Transportation 41.0 CERTIFICATE of COMPLETION and FINAL ACCEPTANCE of AGREEMENT WORK COMPANY: Cedar Valley Corporation COUNTY/CITY: Black Hawk/Waterloo ADDRESS: 2637 Wagner Road PROJECT NO.: RM -8155(748)--9D-07 KIND OF WORK: PCC PAVEMENT - GRADE AND NEW AGREEMENT DATE: 08/13/2015 FIELD COMPLETION DATE: 11/21/2016 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: d AE DATE: 12/6 2016 es. Construction) (Area Engineer) (County) (City) Year *SIGNATURE: DATE: District (Construction) (Maintenance) (Local Systems) Engineer Year Approved and work accepted by the /City Council of ujr1.-�E-1—I0 0, 1 �- this 1-2- day of Year SIGNATURE: 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 111 Original to Files MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, Cedar Valley Corp., LLC of Waterloo, Iowa Bond No. 190033523 as Principal, and the Liberty Mutual Insurance Company are held and firmly bound unto City of Waterloo, Iowa As Surety, in the penal sum of Five Hundred Forty Nine Thousand Three Hundred Three and 56/100 ($ 549,303.56 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. 2016 Midport Boulevard Extension Phase III, Waterloo, Iowa; Contract No.: 894 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 17th day of November , 2016. Cedar Valley Corp., LLC By: \J-611/4. Principal L0 Mutual rance Company rowner, Attorney -in -Fact 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. Not valid for mortgage, note, loan, letter of credit, bank deposit, currency rate, interest rate or residual value guarantees. To confirm the validity of this Power of Attorney call 610-832- 8240 between 9:00 am and 4:30 pm EST on any business day. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American 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 New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, 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, Shirley S. Bartenhagen, Cindy Bennett, Lacey Crambiit, Anne Crowner, Brian M. Deimerly, Jay D. Freiermuth, Crain E. Hansen, Tim McCuiloh, Stacy Venn, Dione R. Young of the city of West Des Moines state of Iowa its true and lawful attomey-in-fact, with full power and authority hereby conferred to sign, execute and acknowledge the following surety bond: Principal Name: Cedar Valley Corp., LLC Obligee Name: City of Waterloo, Iowa Surety Bond Number: 190033523 Bond Amount $549,303.56 IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 22nd day of January , 2016. STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company Wessj�AinericaanInsurance Company By: j✓ur %, n David M''Carey, Assistant Secretary On this this 22^' day of January 2016, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Olio Casualty 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 Plymouth Meeting, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public Plymouth Twp., Montgomery County My Commission Expires March 28, 2017 Member, Pennsylvania Association of Notaries This Power of Attomey Is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Ere and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS — Section 12. Power of Attomey. 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 attomeys-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, recognlzances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, 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 attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, 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 lf 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 David M. Carey, Assistant Secretary to appoint such attorneys -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, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. By:(��`112jfJ, //4L4i) eresa Pastella, Notary Public IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 17th day 01 November 2016 By: Gregory W. Davenport, Assistant Secretary