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HomeMy WebLinkAboutSupplemental Attachments - 5/29/2018City of Waterloo Finance Committee Open Invoice Report For May 29, 2018 Approval Finance Committee Accounts Payable Open Invoice Report Total As of Friday, May 25th, 2018 EFT Transactions: 'Subtotal - as of Tuesday, May 29, 2018 Techworks Bankers Trust Bond P & I Wells Fargo Bond P & I Friday Total 15,252,568.20 Wellmark Weekly Claims Add: Iowa Finance Authority 1,150,691.59 465, 550.96 7, 967, 985.65 5,668,340.00 148,863.75 Workers Compensation Issued by TPA Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's Payroll Bill Payment Total - Tuesday May 29, 2018 66, 536.44 15,467,968.39 1 8, 505.11 226.61 366,633.03 1,643,803.98 Payment to Council e bers or related entities: 17,487,137.12 1 T: (AVEL REQUEST CITY OF WATERLOO NAME(S) AND POSITION(S): Scott Strader — Combination Inspector Jennifer Sparks — Permit Writer Brian Baker — Chief HVAC Ins•ector NAME OF CLASS / MEETING: Engineered Lumber Design & Construction DEPARTURE DATE: June 5, 2018 PURPOSE OF TRAVEL/TRAINING Continuing Education FINANCE DEPT. LINE ITEM USED FY'i•UI fi BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY oi) 2 6-/00 134(#• QCoo G` f�UB�s� o7 `r% 6a g Cosy - be.artment DATE:5/22/2018 DESTINATION Johnston, Iowa DEPARTURE POINT IF NOT WATERLOO RETURN DATE: June 5, 2018 DATE(S) OF MEETING: June 5, 2018 WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: YES METHOD OF TRAVEL: CITY VEHICLE AIRFARE x COST $ NO DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: LODGING 30.00 MEALS 777.00 REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 807.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 010-22-5100-1346 X GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 269.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AN R BEN FICIAL TO THE CITY OF WA ' LOO DEPARTMENT HEAD /cr.-, 2 3, I APPROVE THIS TRAVEL REQUEST MAYOR DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 CITY OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4286 May 24, 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 May 24, 2018. Of the 4 bonds submitted, were approved and 0 was/were rejected, as shown on the attached list. Very truly yours, D =lid R. Zellhoefer Waterloo City Attorney DRZ:sda CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer BONDS FOR COUNCIL APPROVAL May 29, 2018 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 —IA 600897 ROBERT C. HAUPTLY dba ROBERT C. HAUPTLY CONSTRUCTION WATERLOO, IA —SY08901 WEBB CONCRETE, INC. INDEPENDENCE, IA —6075016 WHOLE EXCAVATION LLC HUDSON, IA IA5129067 THOMAS OGLE dba WILLIAM CONSTRUCTION CEDAR FALLS, IA RIGHT OF WAY CONSTRUCTION BOND No. d39 70 7 Applicant's Telephone Number: KNOW ALL MEN BY THESE PRESENTS: IA 600897 That (1), (We), ROBERT C. HAUPTLY dba ROBERT C. HAUPTLY CONSTRUCTION of 203 BISHOP AVENUE WATERLOO Iowa Street as Principal, and City State 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 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. ROBERT C. HAUPTLY dba ROBERT C. NOW, THEREFORE, if the above boundenHAUPTLY CONSTRUCTION of WATERLOO, IA 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 dale of this Bond is May 1, 2018 , through April 30, 2019 Witness our hands this lst day of PLEASE MAIL TO: City of Waterloo, Iowa Engineering Department 715 Mulberry Street Waterloo, IA 50703 Updated March 2017 PLEASE COMPLETE CHECKLIST ON REVERSE SIDE BEFORE SUBMITTING BOND. February, 2018 ROBERT C. HAUPTLY dba ROBERT C. HAUPTLY CONSTRU ION PRINC By: Printed Name: Merchants Bonding Company (Mutual) SURETY By: Attorney -In -fact William Warner Jr., Attorney -in -Fact 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: ✓ the correct local telephone number of the principal is included; ✓ the typewritten name of the principal is the same as the name on the signature line; ✓ the bond is signed by the principal; ✓ the correct address for the principal is included; ✓ surety's address is correct; ✓ 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); ✓ the attached power-of-attorney must be effective prior to, or on, the date the bond is issued; ✓ attorney-in-fact signing the right-of-way construction bond is listed on the power-of-attorney; and • name of attorney-in-fact is typed under the signature line; ✓ 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. MERCHANTS 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, William W. Warner Jr. 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 consenti ng 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 .`•...... •r.-...•. •.44 •�10NAL y0.6 CO• ....................... 4 QA04 J'• 2003 v •411 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. .t• o _ v11", • • • • 1933 c; By 'rti. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. President ALICIA K. GRAM Commission Number 767430 My Commission Expires April 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� 10 Nq .. 09. Fps•, A I“.1.`, :coy •'G, �'�:fit: ' +'' • :z': 2003 ;0; E*. 1933 ..: . '/.........•.9 • POA 0018 (3/17) •C^v. 0. f • ••...r• Secretary RIGHT OF WAY CONSTRUCTION BOND No. SY08901 yt q Applicant's Telephone Number: KNOW ALL MEN BY THESE PRESENTS: That (I), (We), Webb Concrete. Inc. of 2546 Postel Ave. Street , Independence IA City State as Principal, and IMT Insurance Company of 4445 Corporate Drive, West Des Moines, IA 50266 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 Webb Concrete, Inc. of Independence. IA 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, 2019 Witness our hands this 6th day of February , 2018 Webb Concrete, Inc. PLEASE MAIL TO: City of Waterloo, Iowa Engineering Department 715 Mulberry Street Waterloo, IA 50703 Updated 1-24-00 PLEASE COMPLETE CHECKLIST ON REVERSE SIDE BEFORE SUBMITTING BOND. PRINCIPAL By j 1 / Printed Name: 1{ ; Ws IMT Insurance Co.Cnpany SURETY ,' By: Attorn -in-fact Jolene Mye INSURANCE POWER OF ATTORNEY Know All Persons By These Presents, that IMT Insurance Company a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of West Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint John Bednarz, Seth Cary, and Jolene Myers of West Des Moinesand State of IOWA its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, under- takings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: *****Unlimited Amounts***** and to bind IMT Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of IMT Insurance Company, and all such acts of said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of IMT Insurance Company on December 18, 1998. ARTICLE VIII, SECTION 4. - The President or any Vice President or Secretary shall have the authority to appoint Attorneys In Fact and to authorize them to execute on behalf of the Company, and attach thereto the Corporate Seal, bonds, undertakings, recognizances, con- tracts of indemnity or other obligatory writings, excluding insurance policies and endorsements. ARTICLE VIII, SECTION 5. - The signature of any authorized officer and the Corporate Seal may be affixed by facsimile to any Power of Attorney authorizing the execution and delivery of any of the instruments described in Article VIII, Section 4 of the By -Laws. Such facsimile signature and seal shall have the same force and effect as though manually affixed. In Witness Whereof, IMT Insurance Company has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 6th day of February , '2018 IMT Insurance Company STATE OF IOWA COUNTY OF POLK i ss: Sean Kennedy, President On this 6th day of February , 2018 , before me appeared Sean Kennedy, to me personally known, who being by me duly sworn did say that he is President of the IMT Insurance Company, the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by, authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of West Des Moines, Iowa, the day and year first above written. II,rEAP' p SETH CARY }' F sI COMMISSION NO. 783929 Notary Public, Polk County, Iowa CERTIFICATE I, Dalene Holland, Secretary of the IMT Insurance Company do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY, executed by said the IMT Insurance Company, which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on 6th' February , 2018 SY 06 06 (12/17) \ais412. day of Dalene Holland, Secretary RIGHT OF WAY CONSTRUCTION BOND No. 6075016 Applicant's Telephone Number: (319) 988-9824 KNOW ALL MEN BY THESE PRESENTS: That (I), (We), WHOLE EXCAVATION LLC of 675 DALE DR HUDSON IOWA Street City State as Principal, and FEDERATED MUTUAL INSURANCE COMPANY of 121 EAST PARK SQUARE OWATONNA. MN 55060 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 ($15,000.00) must be filed with the City Clerk/Auditor of the City of Waterloo, Iowa, before one may engage in construction, reconstruction or excavation in the public right of way in said City. NOW, THEREFORE, if the above bounden WHOLE EXCAVATION LLC of 675 DALE DR HUDSON, IA 50643-7714 will faithfully perform any and all duties and abide by any and all regulations required by said Ordinances regulating the construction, reconstruction and excavation projects within said City; and if (he), (she), (they) will promptly pay to said City any and all sums and amounts due or that may become due or owing by reason of or under said Ordinances; and if (he), (she), (they) will pay all fines imposed upon (him), (her), (them), or a violation of said Ordinances occurring during the life of this bond; and if (he), (she), (they) will indemnify and keep the City harmless from all liability for any accident and/or damages arising from (his), (her), (their) doing, protecting or completing the work, then this obligation to be null and void, otherwise to remain in full force and effect. The effective date of this Bond is May 1, 2018 , through April 30, 2019 . Witness our hands this 1ST day of MAY , 2018 . PLEASE MAIL TO: City of Waterloo, Iowa Eng1neenng Department 715 Mulberry Street Waterloo, IA 50703 FEDERATED MUTUAL INSURANCE COMPANY SURETY r By: A,$.'rney-in- act JODY SCHRUM PLEASE COMPLETE CHECKLIST ON REVERSE SIDE BEFORE SUBMITTING BOND 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: ❑ the correct local telephone number of the principal is included; ❑ the typewritten name of the principal is the same as the name on the signature line; ❑ the bond is signed by the principal; ❑ the correct address for the principal is included; ❑ surety's address is correct; ❑ beginning and expiration dates are correct, beginning date on bond may be changed, al I right-of-way construction bonds expire on April 30 of the following year (i.e. bond written during 2000 shall expire April 30, 2001); ❑ the attached power -of -attorney must be effective prior to, or on, the date the bond is issued; ❑ attorney-in-fact signing the right-of-way construction bond is listed on the power-of- attorney; and ❑ name of attorney-in-fact is typed under the signature line. POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FEDERATED MUTUAL INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Minnesota, and having its principal office in the City of Owatonna, State of Minnesota, does hereby constitute and appoint: JODY SCHROM of the City of OWATONNA State of MINNESOTA its true and lawful attorney for the following purposes: To sign its name as surety to, and to execute, affix the seal, acknowledge and deliver any and all surety bonds and penalties not exceeding: ONE HUNDRED THOUSAND DOLLARS ($100,000) EACH WHOLE EXCAVATION LLC HUDSON, IA The execution of such bonds or undertakings in pursuance of these presents shall be binding upon the Company as if they had been executed and acknowledged by the regularly elected officers of the Company. This Power of Attorney granted by Federated Mutual Insurance Company shall terminate when the designee ceases to be: 1) Employed by Federated Mutual Insurance Company or 2) Employed by Federated Mutual Insurance Company in a job for which such Power of Attorney is required. IN WITNESS WHEREOF, the said FEDERATED MUTUAL INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its Executive Vice President and Assistant Secretary this the 8TH day of APRIL , 2016 FEDERATED MUTUAL INSURANCE COMPANY BY aM%l�7 4. /. E �ecuti e Vice President (SEAL) s dent and BY STATE OF MINNESOTA COUNTY OF STEELE sistant Secretary On this 8TH day of APRIL, 2016 personally appeared before me, the undersigned notary public, James A. Thon and Jonathan R. Hanson to me personally known, who, each being duly sworn by me, did say that they are respectively the Executive Vice President and Assistant Secretary of the FEDERATED MUTUAL INSURANCE COMPANY and that the seal affixed to this instrument is the corporate seal of said Corporation and that this instrument was signed and sealed of behalf of said Corporation by authority of its Board of Directors and said James A. Thon and Jonathan R. Hanson acknowledge said instrument to be the free act and deed of said corporation. (SEAL) KELLY J. HAGEN NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2020 7(e4 9 4'(—ei COPY OF RESOLUTION "BE IT RESOLVED that the President or any Vice President in conjunction with the Secretary is hereby authorized and empowered under the corporate seal of the Company, to appoint any person or persons as attorney or attorneys -in -fact, or agent or agents of the Company, in its name and as its act to execute and deliver, anywhere in the United States or Canada, any and all bonds and undertakings of suretyship and other documents that the ordinary course of surety business may require." "BE IT FURTHER RESOLVED that the Power of Attorney or other document appointing such person or persons as attorney or attorneys -in -fact or agent or agents of the Company may either be personally signed by the President, any Vice President, the Secretary or may be executed by said officers by means of facsimile signatures. The said personal signatures or facsimile signatures shall not require the Company seal or any other seal and shall be valid and binding on the company if executed either by personal signature or facsimile signature and with or without the Company seal being affixed thereto." I, the undersigned, hereby certify that I am a Executive Vice President of the FEDERATED MUTUAL INSURANCE COMPANY, a Corporation duly organized and existing under the laws of the State of Minnesota and that the foregoing is a true and complete copy of the original Power of Attorney given by said Company to: JODY SCHROM of OWATONNA, MINNESOTA authorizing and empowering such person to sign bonds as therein set forth, which Power of Attorney has never been revoked and is still in full force and effect. I further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company duly called and held at the office of the Company in the City of Owatonna, Minnesota on the 20`1' day of April, 19 82 at which meeting a quorum was present and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of the said meeting. PURSUANT to the By -Laws of Federated Mutual Insurance Company, Article 8, Section 1; in the absence of or inability of the Secretary to act, his duties shall be performed by the Assistant Secretaries in the order of their rank. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the FEDERATED MUTUAL INSURANCE COMPANY this the 1ST day of MAY 2018 . (SEAL) FEDERATED MUTUAL INSURANCE COMPANY / C-\ a411-14` E(ecutive Vice President RIGHT OF WAY CONSTRUCTION BOND No. Applicant's Telephone Number: (319)433-8013 IA5129067 KNOW ALL MEN BY THESE PRESENTS: That (I), (We), of Thomas Ogle dba William Construction 1226 W. 20th St. Cedar Falls Iowa Street as Principal, and City State 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 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 Surely 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 boundenThomas Ogle dba William Construction of Cedar Falls, IA 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 10 be null and void, otherwise to remain in full force and effect. The effective date of this Bond is May 23, 2018 , through April 30, 2019 Witness our hands this 23rd day of May PLEASE MAIL TO: City of Waterloo, Iowa Engineering Department 715 Mulberry Street Waterloo, IA 50703 Updated March 2017 PLEASE COMPLETE CHECKLIST ON REVERSE SIDE BEFORE SUBMITTING BOND. •?p,N . o . o P 4; .�,_� 0 • ,3 ".•%••• 19 •33 : c ti , 2018 Thomas Ogle dba William Construction PRINCIPAL BY: c.} d1, Printed Name: Thomas Ogle Merchants Bonding Company (Mutual) SURETY Attorney -In -fact William Warner Jr., Attorney -in -Fact LP 0467 IA (2/17) MERCHANT 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, William Warner Jr. their true and lawful Attorneys) -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 MerchantsNational 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 Attomey 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 Attomey-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 23rd day of May , 2018 - .,t..,....,.. 2:2 -o- '10 yv'' 2003 '4, • 1 • •. ' STATE OF IOWA ..'•" ..... COUNTY OF DALLAS ss. • G COV •O�DAP0 o�. • • ;i '�J►:yc: •y MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. :• •Z; ,3. •4c,'• 1933 : c; By •y• .:P.6•4>.. ..(c.\.• President On this this 23rd day of May , 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. AUCIA K. GRAM Commission Number 767430 My Commission Expires April 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 Pit?OIP,q �p .�O�oRP0,q °•9•• Q-o- p't0: •�-._ -o i; ` 2003• z� 'f•'• • C: • POA 0018 (3117) 23rd day of May , 2018 . Secretary CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Steve Hoambrecker, Director May 23, 2018 Memo to Waterloo Mayor and City Council: RE: Upgrade and replacement of WM Admin HVAC cooling system Background Discussion Last year the air conditioning system for the administration building failed resulting in two temporary cooling units to be installed. Due to the complexity and requirement to competitively bid the upgrade and replacement units, Kapaun Consulting Engineers was hired to engineer and prepared plans and specifications for this project. Bids were opened on May 17, 2018 and read at the May 21, 2108 city council meeting. Contractor Young Plumbing & Heating Plumtech Winger Contracting Base Bid $189,800 $193,850 $209,500 Add Alternate No. 1 $89,400 $96,130 $72,660 Those bids greatly exceeded that the engineers estimate. One of the major issues related to proprietary control units which such pricing was $50,000 greater than the engineer's estimate. At the May 21St meeting, after initial discussions with the design engineer he was recommending rejecting all bids and redoing the project in separate phases. Ongoing conversations with our legal department raised some concern with that approach. In the end, it has been decided to be in the best interest to accept the low bid and work with the low bidder to modify the controls section of the project via a change order. Recommended Action It is recommended that the city council approve the resolution approving award of contract to Young Plumbing & Heating in the amount of $189,800. It is fully expected that a change order will be brought back to the city council for a reduction for the controls portion of the contract. At that time, it is also expected that related revisions for add alternate no. 1 will be brought forth for consideration.