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HomeMy WebLinkAboutSupplemental Attachments - 4/2/2018 Amended Council Agenda Item Council Meeting Monday, April 2, 2018 Item 1.B.2.d to include Sunday Sales to read as follows: The Snack Shack, 4335 Texas Street Class: B Native Wine/C Beer New Application Does no include Sunday Expiration Date: 3/31/2019 Reason: Item amended to reflect submitted application. CD le N O co O 00 00 L6 O LA M M O) T- M 1� CO co O O O r O M 1` M O � N CL V L. .O O = O— x O W a � w, 4" Vl �[ LL 4-j *j U •� cz w �. U) 0 M ct p E- O �..� W fs, W Uni Ra CITY OF WATERLOO , IOWA CITY ATTORNEY'S OFFICE 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4327 Fax(319)291-4286 • April 2, 2018 Mayor Quentin Hart and City Council Members City Hall Waterloo, IA 50703 Dear Mayor Hart and Council Members: I have examined the bonds filed with the City Clerk/Auditor's Office up to the close of business on April 2, 2018. Of the 6 bonds submitted, were approved and were rejected, as shown on the attached list. Very truly yours, David R. Zellhoefer Waterloo City Attorney DRZ:sda CITY WEBSITE:www.cityofwaterlooiowa.com WERE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer BONDS FOR COUNCIL APPROVAL APRIL 2, 2018 AMOUNT 515 000.00 HUDSON, IA RIGHT OF WAY CONSTRUCTION BON s. JgNESVILLE, IA �,�;. 900418841 ALL STAR PLUMBING AND HEATING ST CLOUD, MN 7 7900314398 COUNTRY BUILDERS ILITY CONCEDAR FALLS, IA 150256685 DIG AMERICAN UTTRACTING INC. �� CEDAR RAPIDS, IA DIRTWORKS CONSTRUCTION LLC --1A5112742 EVANSDALE, IA 7900433961 REX CONCRETE INC. --7900452189 ROBERT LUCAS dba LUCAS ASPHALT PAVING RIGHT OF WAY CONSTRUCTION BOND No. 7900418841 Applicant's Telephone Number: 319-988-3253 KNOW ALL MEN BY THESE PRESENTS: That(1), (We), All Star Phunbin.,and Heatin Of 926 Dale Dr Hudson A Street City State as Principal, and Nationwide Mutual Insurance Company of Des Moines IA as Surety, are held and firmly bound unto the City of Waterloo; Black Hawk County; Iowa, in the penal sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Principal herein firmly binds (himself) (herself) (themselves) their heirs, executors and administrators, and the said Surety binds themselves, their successors, assigns, executors and administrators, jointly and severally, firmly by these presents. THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH that, by the provisions of the Ordinances of the City of Waterloo, Iowa, a Surety Bond in the sum of Fifteen Thousand Dollars ($15,000.00) must be filed with the City Clerk/Auditor Of the City of Waterloo, Iowa, before one may engage in construction, reconstruction or excavation in the public right of way in said City. NOW, THEREFORE, if the above bounden All Star Plumbing and Heating of Hudson to will faithfully perform any and all duties and abide by any and all regulations required by said Ordinances regulating the construction, reconstruction and excavation projects within said City; and if (he), (she), (they) will promptly pay to said City any and all sums and amounts due or that may become due or owing by reason of or under said Ordinances; and if (he), (she), (they) will pay all fines imposed upon (him), (her), (them), or a violation of said Ordinances occurring during the life of this bond; and if (he), (she), (they) will indemnify and keep the City harmless from all liability for any accident and/or damages arising from (his), (her), (their) doing, protecting or completing the work, then this obligation to be null and void, otherwise to remain in full force and effect. The effective date of this Bond is May 1, 20 18 , through April 30, 20 19 Witness our hands this 3rd day of January 20 18 All Star Plumbing and Heating PLEASE MAIL TO: PRINCiP By: City of Waterloo, Iowa Engineering Department Printed Name: SCIAAII&Y+ 715 Mulberry Street Waterloo, IA 50703 Nationwide Mutual Insurance Company _ SURETY By: Attorney-in-fact Cassia%4cKittrick Updated 1-24-00 PLEASE COMPLETE CHECKLIST ON REVERSE SIDE BEFORE SUBMITTING BOND. fig_.. - _ _ - _ ��� - _ .�y. •----"_- --. � .._..___�=-,amu.' :-_1-�.-'_ '��.`' +�- - - - l ^ Nationwide Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation National Casualty Company,an Ohio corporation Allied Property and Casualty Insurance Company,an Iowa corporation hereinafter referred to severally as the"Company"and collectively as"the Companies'does hereby make,constitute and appoint: Cassie McKittrick each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of Fifteen"Thousand Dollars($15,000.00) and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." 'RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary,provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrumento belsealedby the signature of its officer the I st day of May 2017 . 4)-fel ,n►'r-;, 40. Antonio Albanese, Vice President of Nationwide Mutual Insurance Company, National �,�w:wro+� M�� Casualty ompany,AMCO Insurance Company,Allied Property and Casualty Insurance Company ;:SEAL`0 *-SEAL..A ACKNOWLEDGMENT �Djutsus�'i' � ES STATE OF NEW YORK COUNTY OF NEW YORK.ss On this Ist day of May 2017 ,before me carne the above-named officer for the Company aforesaid,to me personally known to be the officer described in and who executed the �.� preceding instrument,and he acknowledged the execution of the same,and being by me duly �sua j ♦euxuuKr 7 �, sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed opa�tT�yc hereto is the corporate seal of said Company,and the said corporate seal and his signature were �o duly affixed and subscribed to said instrument by the authority and direction of said Company. 1i4 / :SEAL, BARRY T.BASSIS ` *At Notary Public,State of New York SEAL No.02BA4656400 . Dhio ` AOIMfS, �' Qualified in New York County Notary Public 7 Commission Expires April 30,2019 nay Gommissipn Expires CERTIFICATE April 30,2018 1,Laura B.Guy,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed arid subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporateI of said Company this 3rd day of January 0th This power of attorney expires: April 30,2019 Assistant Secretary BDJ 1(05-17)00 - _-�_.__ ...�-__ - �_. �.._.�. ,_,...�.�y_ �r�. 4a .. � ' b � � �, .—-' �--�--�_� --., �_"�:-.._.._- --_.`, _.-_-� .z.�:, _.,.., :+---��r:z .,ice, y s:� _ _y'. .� +,a_.;� .. -- __. _ � - � r-�.� � ___.—f __ _ _____�_ s' ..M . . ._ c. _� ��� } �� 'l � � �:.ill�i�;` RIGHT OF WAY CONSTRUCTION BOND No. 7900314398 Applicant's Telephone Number: `1&''7- 223 KNOW ALL MEN BY THESE PRESENTS: That (1), (We), Country Builders of 2671 Clay Ave. Janesville IA Street City State as Principal, and Nationwide Mutual Insurance Company of Des Moines IA as Surety, are held and firmly bound unto the City of Waterloo, Black Hawk County, Iowa, in the penal sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Principal herein firmly binds (himself) (herself) (themselves) their heirs, executors and administrators, and the said Surety binds themselves, their successors, assigns, executors and administrators, jointly and severally, firmly by these presents. THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH that, by the provisions of the Ordinances of the City of Waterloo, Iowa, a Surety Bond in the sum of Fifteen Thousand Dollars ($15,000.00) must be filed with the City Clerk/Auditor of the City of Waterloo, Iowa, before one may engage in construction, reconstruction or excavation in the public right of way in said City. NOW, THEREFORE, if the above bounden Country Builders of Janesville to will faithfully perform any and all duties and abide by any and all regulations required by said Ordinances regulating the construction, reconstruction and excavation projects within said City; and if (he), (she), (they) will promptly pay to said City any and all sums and amounts due or that may become due or owing by reason of or under said Ordinances; and if (he), (she), (they) will pay all fines imposed upon (him), (her), (them), or a violation of said Ordinances occurring during the life of this bond; and if (he), (she), (they) will indemnify and keep the City harmless from all liability for any accident and/or damages arising from (his), (her), (their) doing, protecting or completing the work, then this obligation to be null and void, otherwise to remain in full force and effect. The effective date of this Bond is May 1, 20 18 , through April 30, 20 19 Witness our hands this 3rd day of January —, 20 18 Country Builders PRINCIPAL PLEASE MAIL TO: City of Waterloo, Iowa Engineering Department Printed Name: ")-y d-,- 715 Mulberry Street Waterloo, IA 50703 Nationwide Mutual Insurance Company _ SURETY By: Gio4�,7n Attorney-in-fact Lassie MeX ittrick Updated 1-24-00 PLEASE COMPLETE CHECKLIST ON REVERSE SIDE BEFORE SUBMITTING BOND. 8�s �'�` 3Fi 1` s�� w�{'�' ,y`�"�+ f .. ._ .., .. +�a,�� v 3'3'}h h-�* t � "_Vit• zzNationwide zzj Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation National Casualty Company,an Ohio corporation Allied Property and Casualty Insurance Company,an Iowa corporation hereinafter referred to severally as the"Company"and collectively as"the Companies"does hereby make,constitute and appoint: Cassic McKittrick each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of Fifteen`Thousand Dollars($15,000.00) and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrumento belsealed an my attested by the signature of its officer the tst day of May 2017 Antonio Albanese, Vice President of Nationwide Mutual Insurance Company, National ♦�uuw�srtgq� ,,l�,�uur ��as• ��� .�� Casualty ompany,AMCO Insurance Company,Allied Property and Casualty Insurance Company Ar ,r /i.SEAL ,O ACKNOWLEDGMENT ffl..Hsris. AV o * /' STATE OF NEW YORK,COUNTY OF NEW YORK:ss On this Ist day of fvlay 20i; the above-named officer for Company aforesaid,to me personally known before ee o be the officer described in and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly Casualt ,rvtitywuar �� sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed o� CPA r�yCo X` waraw hereto is the corporate seal of said Company,and the said corporate seal and his signature were s:y ;_� duly affixed and subscribed to said instrument by the authority and direction of said Company.194 /:SEAL = BARRY T.BASSIS .'•. . Notary Public,State of New York a ±Qh0i1(ES,\ * No.02BA4656400 Qualified in New York County J lic Commission Expires April 30,2019 Notary on E My Commission Expires CERTIFICATE April 30,2019 1,Laura B.Guy,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporates al of said Company this 3rd day of January 2012 This power of attorney expires: _ap,il 30,2019 BDJ 1(05-17)00 Assistant Secretary ' '��� ` Fes:: ��,. � r<:�:•_ k..ta...... .. .:,.` �. ::. '' ��,..u:ds�� - .... xz _ _ r n RIGHT OF WAY CONSTRUCTION BOND No. W150256685 Applicant's Telephone Number: _ 320-253=3447 KNOW ALL MEN BY THESE PRESENTS: That (1), (We), Dig America Utility Contracting Inc. _ of 25135 22nd Ave St Cloud , MN Street City State as Principal, and Old Republic Surety Company of 445 S Moorland Rd, Suite 200 Brookfield, WI 53005 as Surety, are held and firmly bound unto the City of Waterloo, Black Hawk County, Iowa, in the penal sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) lawful money of the United States of America, to the payment of which sum, well and tiuiy to be made, the Principal 'herein firmly binds (himself) (herself) (themselves) their heirs, executors and administrators, and the said Surety binds themselves, their successors, assigns, executors and administrators, jointly and severally, firmly by these presents. THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH that, by the provisions of the Ordinances of the City of Waterloo, Iowa, a Surety Bond in the sum of Fifteen Thousand Dollars ($15,000.00) must be filed with the City Clerk/Auditor of the City of Waterloo, Iowa, before one may engage in construction, reconstruction or excavation in the public right of way in said City. NOW, THEREFORE, if the above bounden Dig America Utility Contracting Inc. of 25135 22nd Ave St Cloud, MN 56301 will faithfully perform any and all duties and abide by any and all regulations required by said Ordinances regulating the construction, reconstruction and excavation projects within said City; and if (he), (she), (they) will promptly pay to said City any and all sums and amounts due or that may become due or owing by reason of or under said Ordinances; and if (he), (she), (they) will pay ali fines imposed upon (him), (her), (them), or a violation of said Ordinances occurring during the life of this bond; and if (he), (she), (they) will indemnify and keep the City harmless from all liability for any accident and/or damages arising from (his), (her), (their) doing, protecting or completing the work, then this obligation to be null and void, otherwise to remain in full force and effect. The effective date of this Bond is May 1, 20 18 , through April 30, 20 19 Witness our hands this 25th day of January 20 18 Dig America Utility Contracting Inc. PRINCIPAL PLEASE MAIL TO: By: City of Waterloo, Iowa Engineering Department Printed Name: Dig America Utility Contracting 1 715 Mulberry Street Waterloo, IA 50703 Old Republic Surety Company `,e�Q�euc,89,1 SURETY Attorney-in-fact Updated 1-24-00 PLEASE COMPLETE CHECKLIST ON REVERSE SIDE BEFORE SUBMITTING BOND. . . 'z .._, _ ,,, � .. r'� ,,. i �yi .. .... � r ....... �...... ...._y _... ....... .._ .... ._ .� •R•.a ....-.._a � _ ___ - - - L. _..i-. .. _ �., �+ .. _ Y .... -... .. r'k'k tit yt OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and appoint: Roberta S.Witherow of Brookfield,WI its true and lawful Attorney(s)-in-Fact,with full power and authority, not exceeding $10,000,000, for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds,hazardous waste remediation bonds or black lung bonds),as follows: Effective Date:4/30/2018 12:00:00 AM Bond Number:W150256685 Bond Amount: Fifteen Thousand Dollars $15,000.00 Principal Name:Dig America Utility Contracting Inc. Obligee Name:City of Waterloo Engineering Dept of Waterloo, IA and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents,are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Aitorney is signed and sealed by facsimile under and by the authority of the tollowing resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that the president, any vice president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds,undertakings, recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president,any vice president or assistant vice president, and attested and sealed(if a seal be required) by any secretary or assistant secretary;or (ii) when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or agent;or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that 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 affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this 25th day of January 2018 I?I OLD REPUBLIC SUR TY COMPANY WO�ooRroR�. 0 S o[ SEAL >` roe, Y Assistant Secretary President nooa\ STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS On this 25th day of January 2018 personally came before me, Alan Pavlic and Jane E.Cherney to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn,did severally depose and say:that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. ra�. T!40 rA" Notary Public My Commission Expires: 09/28/2018 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I,the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation,CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. 0402077 eJc suREr`'o., , c SEAL >'€ Signed and sealed at the City of Brookfield,WI this 25th day of January 2018 aS : ORSC 22262(3-06) "'rrn*unn,"o`"c`� Assistant Secretary KLEIN AGENCY, INC. RIGHT OF WAY CONSTRUCTION BOND No. TA5112742 Applicant's Telephone Number: KNOW ALL MEN BY THESE PRESENTS: That (1), (We), DIRTWORKS CONSTRUCTION LLC of 7227 N UNION RD CEDAR FALLS Iowa Street City State as Principal, and Merchants Bonding Company(Mutual) of P.O.Box 14498 Des Moines IA 50306-3498 as Surety, are held and firmly bound unto the City of Waterloo, Black Hawk County, Iowa, in the penal sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) lawful money of the United States of America, to the payrnont of which sum, viol! and truly to be made, the Principal herein firmly binds (himself) (herself) (themselves) their heirs, executors and administrators, and the said Surety binds themselves, their successors, assigns, executors and administrators, jointly and severally, firmly by these presents. THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH that, by the provisions of the Ordinances of the City of Waterloo, Iowa. a Surety Bond in the sum of Fifteen Thousand Dollars ($15,000.00) must be filed with the City Clerk/Auditor of the City of Waterloo, Iowa, before one may engage in construction, reconstruction or excavation in the public right of way in said City. NOW, THEREFORE, if the above boundenDIRTWORKS CONSTRUCTION LLC of CEDAR FALLS,fA will faithfully perform any and all duties and abide by any and all regulations required by said Ordinances regulating the construction, reconstruction and excavation projects within said City; and if (he), (she), (they) will promptly pay to said City any and all sums and amounts due or that may become due or owing by reason of or under said Ordinances; and if (he), (she), (they) will pay all fires imposed upon (him), (her), (them), or a violation of said Ordinances occurring during the life of this bond; and if (he), (she), (they) will indemnify and keep the City harmless from all liability for any accident and/or damages arising from (his), (her), (their) doing, protecting or completing the work, then this obligation to be null and void, otherwise to remain in full force and effect. The effective date of this Bond is May 1,2018 through April 30, 2019 Witness our hands this.___1st _day of _ _ _February_ 2018 DIRTWORKS CONSTRUCTION LLC PRINCIPAL PLEASE MAIL TO: By: City of Waterloo, Iowa Engineering Department Printed Name_ fii HatI U 715 Mulberry Street Waterloo, IA 50703 � ,_ �r, 1`nerchants Bonding Company(Mutual) :~ SURETY e B Attorne -in-fact Updated March 2017 �. y William Warner Jr.,Attorney-in-Fact PLEASE COMPLETE CHECKLIST ON REVERSE SIDE BEFORE SUBMITTING BOND. LP 0467 IA (2/17) THE FOLLOWING IS A HELPFUL CHECKLIST TO ASSIST THE PRINCIPAL AND/OR SURETY THERE MAY BE OTHER ITEMS REQUIRED BY THE SURETY, WHICH ARE NOT LISTED HERE. BEFORE SUBMITTING THIS RIGHT-OF-WAY CONSTRUCTION BOND FORM PLEASE BE SURE THE FOLLOWING ITEMS ARE COMPLETED: d the correct local telephone number of the principal is included; d the typewritten name of the principal is the same as the name on the signature line; d the bond is signed by the principal; d the correct address for the principal is included; d surety's address is correct; y beginning and expiration dates are correct, beginning date on bond may be changed, all right-of-way construction bonds expire on April 30 of the following year (i.e. bond written during 2005 shall expire April 30, 2006); e the attached power-of-attorney must be effective prior to, or on, the date the bond is issued; d attorney-In-fact signing the right-of-way construction bond is listed on the power-of-attorney; and d name of attorney-in-fact is typed under the signature line; e once the above-referenced items are completed this form must be submitted to the City of Waterloo Engineering Department so that it can be forwarded to the City Council for approval before any permits can be issued. Any items received in the Engineering Department by 4:00 P.M. on Tuesdays will be placed on the following Monday's agenda or the next available Council meeting due to a fifth Monday in a month and/or holidays. MER C HANl t,..J BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Margaret Heasley their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,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 or electronic transmission 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 connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1st day of February 2018 MERCHANTS BONDING COMPANY(MUTUAL) .•` �10 Nq o� ;��:�0 4j . 2 « q ,.��• MERCHANTS NATIONAL BONDING,INC. _0_ 01 .r.; -n- : 2003 1933 By •.. C:` •�'•�`�� , •�: •'• 'j�r •�."'��•' President STATE OF IOWA ���'"' ""''�� `•«• •*• COUNTY OF DALLAS ss. On this this 1st day of February 2018 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and 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. ��,iA4 ALICIA K.GRAW Commission Plumber 767430 _ y Commission Expires Aprii 1,2020' Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,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 still 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 Companies on this 1st day of February 2018 . P . . < ��N ... ,� _0_ :O; . rte':' -0- r*t; ••R'' 2003 v`�- •6': 1933 [' ' Secretary POA 0018 (3/17) ��'"•......•••'� `'••b•••' 4 �Op� . ' , RIGHT OF WAY CONSTRUCTION BOND NO. 7900433961 Applicant's Telephone Number: 319-377-1067 KNOW ALL MEN BY THESE PRESENTS: That U>, (We). REX Concrete Inc of . Cedar Rapids LA Street City State aSPrincipal, and Nationwide Mutual Insurance Company of Des Moines 1A as Surety, are held and firmly bound unto the City of Waterloo, Black Hawk County, Iowa, in the penal sum o/ nr / ccm /nuuS*mu DOLLARS ($/u.00u.uu) lawful money of the United States of America, to the payment of which Sunn, well and U0k/ to be made, the Principal herein hnn|y binds (himself) (herself) (themselves) their heirs, executors and 8dnninietnat0na, and the said Surety binds themselves, their SuooeSSOrn, assigns, executors and adnniniStroturS, jointly and aover8||y, firmly by these presents. THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH that, by the provisions of the Ordinances of the City of Waterloo, |ovva. e Surety Bond in the sum of Fifteen Thousand Dollars ($15.000.00) must be filed with the City Clerk/Auditor of the City of Waterloo, |Ovva, before one may engage in construction, reconstruction or excavation in the public right of way in said City. N[}VV, THEREF[)RE, if the above bounden REX Concrete Inc of Cedar Rapids /» will faithfully perform any and all duties and 3U|Ue by any and all regulations required by Said Ordinances regulating the C0nStruction, n*COn3trU{tiOD and excavation projects within soid City; and if (he), (she), (they) will promptly pay to said City any and all sums and amounts due or that may become due or owing by reason of or under said Ordinances; and if (he), (She). (they) will pay all fines imposed upon (him), (her), Mhenn\. Or 3 violation of said Ordinances occurring during the life of this bond; and if (he), /SheA. (they) will indemnify and keep the City harmless from all liability for any accident and/or damages arising from (his), (her), (their) doing, protecting or o0nop|8bng the vvOrk' then this obligation to be null and void, otherwise to remain in full force and effect. The effective date ofthis Bond inK8ay1. 2 . through April 38. 2 |Q Witness our hands this day of January . 20 REX Concrete Inc PLEASE MAIL TO: City ofWaterloo, Iowa / Engineering Department P'� ~a�dNonne: -- 715Mulberry Street Waterloo, IA 50703 Nationwide Mutual Insurance Company Attorney-in-fact cuxnicxxcxitmcx Updated 1-24-00 PLEASE COMPLETE CHECKLIST ON REVERSE SIDE BEFORE SUBMITTING BON[). Nationwide' Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation National Casualty Company,an Ohio corporation Allied Property and Casualty Insurance Company,an Iowa corporation nereinafter referred to severally as the"Company"and collectively as"the Companies'does hereby make,constitute and appoint: Cassie McKittrick each in their individual capacity,its true and lawful attorney-in--fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of Fifteen Thousand Dollars($15,000.00) and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." 'RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seat of the Company thereto;provided,however;that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary:provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrumento betsealed an my attested by the signature of its officer the I et day of May 2017 0'- ,� >� Antonio Albanese, Vice President of Nationwide Mutual Insurance Company, National Casualty ompany,AMCO Insurance Company,Allied Property and Casualty Insurance Company 0,€SEAL * * SEAL' ACKNOWLEDGMENT Ir a * ,/ STATE OF NEW YORK,COUNTY OF NEW YORK:ss � On this ist day of May 201/ ,before me came the above-named officer for the t= Company aforesaid,to me personally known to be the officer described in and who executed the r�busu •a►'Aly preceding instrument,and he acknowledged the execution of the same,and being by me duly Gasual ... A sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed cP OAarF o tti.' Q°u4"r hereto is the corporate seal of said Company,and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. BARRY T.BASSIS 1 ' Notary Public,Public,State of New York x SEAL * f Ohio �\�MOIiiES� No.02BA4656400 otr U. Qualified in New York County Notary Public Commission Expires April 30,2019 My Commission Expires CERTIFICATE April 30,2019 1,Laura B.Guy,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said irstrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporates al of said Company this 3rd day of January 2016 /% This power of attorney expires: �pr;l 30,2019 Assistant Secretary BDJ 1(05-17)00 A 4: w y f.<3+ t' '�_ _ - .. u. < - �{, e .. .. .. :..� ,. �. ._ _ _. .. �� ,. `J �," ' _. �_ _ _ _ _ � _ _.� _ RIGHT OF WAY CONSTRUCTION BOND No. 7900452189 Applicant's Telephone Number: 3/G - 1_3Y- KNOW ALL MEN BY THESE PRESENTS: That (1), (We), Robert Lucas DBA Lucas Asphalt Paving of 701 Timber Oak Evansdale IA Street City State as Principal, and Nationwide Mutual Insurance Company of Des Moines lA , as Surety, are held and firmly bound unto the City of Waterloo, Black Hawk County, Iowa, i,- the penal sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Principal herein firmly binds (himself) (herself) (themselves) their heirs, executors and administrators, and the said Surety binds themselves, their successors, assigns, executors and administrators, jointly and severally, firmly by these presents. THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH that, by the provisions of the Ordinances of the City of Waterloo, Iowa, a Surety Bond in the sum of Fifteen Thousand Dollars ($15,000.00) must be filed with the City Clerk/Auditor of the City of Waterloo, Iowa, before one may engage in construction, reconstruction or excavation in the public right of way in said City. NOW, THEREFORE, if the above bounden Robert Lucas DBA Lucas Asphalt Paving of Evansdale lA will faithfully perform any and all duties and abide by any and all regulations required by said Ordinances regulating the construction, reconstruction and excavation projects within said City; and if (he), (she), (they) will promptly pay to said City any and all sums and amounts due or that may become due or owing by reason of or under said Ordinances; and if (he), (she), (they) will pay all fines imposed upon (him), (her), (them), or a violation of said Ordinances occurring during the life of this bond; and if (he), (she), (they) will indemnify and keep the City harmless from all liability for any accident and/or damages arising from (his), (her), (their) doing, protecting or completing the work, then this obligation to be null and void, otherwise to remain in full force and effect. The effective date of this Bond is May 1, 20 18 , through April 30, 20 19 Witness our hands this 3rd day of January , 20 18 Robert Lucas DBA Lucas Asphalt Paving PRINCIP 1 PLEASE MAIL TO: By: City of Waterloo, Iowa Engineering Department Printed Name: Prc)go r L404 715 Mulberry Street Waterloo, IA 50703 Nationwide Mutual Insurance Company SURETY �n By: &,, � / Attorney-in-fact Cassie McKittrick Updated 1-24-00 PLEASE COMPLETE CHECKLIST ON REVERSE SIDE BEFORE SUBMITTING-BOND. A �• Y fT F +' v I ;f ry 3 " C L ^ -Nationwide Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation National Casualty Company,an Ohio corporation Allied Property and Casualty Insurance Company,an Iowa corporation hereinafter referred to severally as the"Company"and collectively as"the Companies'does hereby make,constitute and appoint: Cassie McKittrick each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of Fifteen"Thousand Dollars($1.5,000.00) and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seat of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents:" This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to signor attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrumento be ealed an my attested by the signature of its officer the I St day of May 2017 Antonio Albanese, Vice President of Nationwde Mutual Insurance Company, National jss• !x0ty�� Casualty ompany,AMCO Insurance Company,Allied Property and Casualty Insurance Company SEAL;* ACKNOWLEDGMENT �+ At fJ STATE OF NEW YORK,COUNTY OF NEW YORK:-ss �o oa a'•• k ./ \�!� * '+W On this 1st day of May 2017 ,before me came the above-named officer for the Company aforesaid,to me personally known to be the officer described in and who executed the ,r�� preceding instrument,and he acknowledged the execution of the same,and being by me duly Caslty �sbr'ri. sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed cP�OR+r� l� ' vice0pwf s hereto is the corporate seal of said Company,and the said corporate seal and his signature were s duly affixed and subscribed to said instrument by the authority and direction of said Company, i14 .SEAL'= BARRY T.BASSIS SEAL w'•., �� Notary Public,Slate of New York !� Qhia ���EfhQ �\�tt1'' No.02BA4656400 ,J -ty V. Qualified in New York County Notary Public Commission Expires April 30,2019 My Commission Expires CERTIFICATE April 30,2019 1,Laura B.Guy,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company,that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seat and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporates al of said Comppanny'(t,7his 2rd day of January tots � ""' This power of attorney expires: April 30,2019 -- BDJ 1(05-17)00 Assistant Secretary __ __ ___ _...�. .� _ 4_ ... .-,--. ___..-,-r- __ __ - � 'je ,i' .. .. .-. _,.�. - _ ,.,� ��� § i , .; S` .&�A�.�.:'� � �y�t iFr'�h "'"9r & _•��.���°- 4 -"� �LY`4�! '$4: �� ,�� r--- � arm ':�„ -- ,. a y :a� �r^ � .� Tm J +�� s .:- �: �.. .. _. ;. _ �� Fa, .�z \c,�y,,, .;*`� �,�. _ _ �. _� .c„civt-.�'�.. �� =.._��•,