HomeMy WebLinkAboutK. Cunningham - Acceptance of improvements Greenbelt Centre Plat No. 3 - 12/9/2019MERCHANTS
BONDING COMPANY
2100 FLEUR DRIVE • DES MOINES, IOWA 50321-1158
(515) 243-8171 • (515) 243-3854 FAX
MAINTENANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
That Jesup Land Improvement Inc. Heartland Excavating
Bond No. IAC 62327
of Jesup, IA
as Principal, and the MERCHANTS BONDING COMPANY (MUTUAL) of Des Moines, Iowa as Surety are
held and firmly bound unto the City of Waterloo
in the penal sum of
One Hundred Eight Thousand Three Hundred Eighty Nine and 36/100 Dollars ($108,389.36
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.
Signed and delivered this 7th day of December 2009
WHEREAS, the Principal entered into a certain contract, dated the 1st day of September
2009 with the City of Waterloo
to furnish all the material and labor necessary for the construction of Deer Creek
Development: Greenbelt Centre Platt #3; Storm & Sanitary. Per attached approval
in the Greenbelt Centre Platt #3 , in conformity with certain specifications; and
WHEREAS, a further condition of said contract is that the Principal should furnish a bond of indemnity,
guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a
period of 2 years from the date of acceptance of the work under said contract; and
WHEREAS, the above work has been completed and accepted and if not accepted will be automatically
accepted upon the filing of this maintenance bond; and
WHEREAS, the MERCHANTS BONDING COMPANY (MUTUAL) of Des Moines, Iowa for valuable
consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said
City of Waterloo as aforesaid;
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal does
and shall, at the Principal's own cost and expense, remedy any and all defects that may develop in said
work, within the period of 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.
It is agreed that while the Principal shall be and remain liable for failure to adhere to the specifications
which form the basis for the work, the Surety, inasmuch as the original work was not bonded, shall be
obligated only to assure the maintenance of the work in the condition in which it existed at the time the
work was accepted. Any obligation beyond this shall be that of only the Principal.
Jesup Land Improvement Inc. Heartland Excavating
Principal
By x
Approved
By
By
CON 0304 (1/03)
ME CHANTS BONDING COMPANY (MUTUAL)
Tracey Doss Atton-Fact
MERCHANTS
BONDING COMPANY
POWER OF ATTORNEY
Bond #: IAC 62327
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under
the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made,
constituted and appointed, and does by these presents make, constitute and appoint
Tracey Doss
of Waterloo and State of IA 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, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such
instrument shall not exceed the amount of:
TWENTY MILLION ($20,000,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of
said Attorney -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 Amended Substituted and Restated By -
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002.
ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary 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.
ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the
same force and effect as though manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and
its corporate seal to be hereto affixed, this l8th day of June , 2009
. • O\NG CO•4;:.
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•2:
• a• 1933
STATE OF IOWA
COUNTY OF POLK ss.
MERCHANTS BONDING COMPANY (MUTUAL)
President
7/7„--
On this l8th day of June 2009 . before me appeared Larry Taylor, to
me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL),
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 Des Moines, Iowa, the day and year first
above written.
ail�'� CINDY SMYTH
. Commission Number 173504
ow' My Commission Expires
M
March 16, 2012
STATE OF IOWA
COUNTY OF POLK ss.
Notary Public, Polk County, Iowa
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), 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 Company on
this 7th day of December 2009 .......
•0• •ytP0q''Oq••
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• a• 1933 : c:
O.' •
• :•
• POA 0005 (1/09) • •
Secretary
vj engineering
1501 technology pkwy, suite 100
cedar falls, iowa 50613
ph: (319) 266-5829 fax: (319) 266-5160
engineering — surveying
October 14, 2009
Mr. Eric Thorson
City of Waterloo Engineering
715 Mulberry Street
Waterloo, Iowa 50703
Re: Greenbelt Centre Plat No. 3
Waterloo, Iowa
Dear Eric:
We are requesting the City's approval and acceptance of the following as part of the Greenbelt Centre Plat
No. 3 project:
All sanitary sewer improvements.
Athens Drive Improvements — Pavement and storm sewer from Greyhound Drive to
Sta. 15+00.
The above reference improvements were completed in substantial conformance with the plans and
specifications for same. We are enclosing the following items for the City's use in accepting this project.
1. Concrete — Mix Report
2. Rock Tickets
3. Material Certifications
4. As -Built Drawings
Inspection for this project was provided by VJ Engineering.
The Maintenance Bonds will be forwarded under separate cover directly by the contractors.
Should you have any questions or require additional information, please contact our office.
Very truly yours,
Bruce P. Radue, P.E.
VJ Engineering
BPR:mmf
Enclosures
cc: Harold Youngblut
PEDERSEN, DOWIE, CLABBY
& McCAUSLAND INSURANCE
3927 University Ave.
Waterloo, Iowa 50701
(319) 234-8888
SERVES YOU FIRST
UNITED FIRE & CASUALTY COMPANY
CEDAR RAPIDS, IOWA
54-177737
MAINTENANCE BOND
KNOW ALL BY THESE PRESENTS: That we K. Cunningham Construction Co., Inc.
of 1025 Center Street, Cedar Falls IA 50613
as Principal, and the UNITED FIRE & CASUALTY COMPANY, an Iowa corporation of Cedar Rapids, Iowa, and authorized
to do business in the state of Iowa as Surety, are held and firmly bound unto City of Waterloo
in the penal sum of Seventy-five Thousand Three Hundred Sixty-eight & 58/100ths-- ($ 75,368.58 ) 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, and administrators, successors and assigns, jointly and severally, firmly
by these presents.
Signed and delivered this 20th day of October A.D 2009
WHEREAS, the said Principal entered into a certain contract, dated the day of
, to furnish all the material and labor necessary for the construction of
Green Belt Center, Athen Drive
PCC Paving
in conformity with certain specifications; and
WHEREAS, a further condition of said contract is that the said Principal should furnish a boncLof indemnity, guaranteeing
to remedy any defects in workmanship or materials that may develop in said work with a period of Iwo 2 years from the
date of acceptance of the work under said contract; and
WHEREAS, the said UNITED FIRE & CASUALTY COMPANY, of Cedar Rapids, Iowa, for a valuable consideration, has
agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo
as aforesaid;
Now, THEREFORE, the Condition of This Obligation is Such, that if the said Principal does and shall, at his/her 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.
K. Cunningham Construction Co., Inc.
By
UNITED FIRE & CASUALTY COMPANY
PRINCIPAL
IWn_9nssh i1n_crt
UNITED FIRE & CASUALTY COMPANY
HOME OFFICE - CEDAR RAPIDS, IOWA
CERTIFIED COPY OF POWER OF ATTORNEY
(Original on file at Home Office of Company - See Certification)
KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and
existing under the laws of the State of Iowa,and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and
appoint F. MELVYN HRUBETZ, OR GREG T. LA MAIR, OR JOYCE 0. HERBERT, OR NANCY D.'SCHWARZ, OR MARK E.
KEAIRNES, OR PATRICK K. DUFF, OR JEFFREY R. BAKER, OR JOSEPH I SCHMIT, ALL INDIVIDUALLY of WEST DES
MOINES IA
its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful
bonds, undertakings and other obligatory instruments of similar nature as follows: Any and All Bonds'
and to bind UNITED'` FIRE & CASUALTY COMPANY thereby asfully and to the same extent as if such instruments were signed by
the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority
hereby given are hereby ratified and confirmed.
The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE &
CASUALTY COMPANY.
This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by Board of
Directors of the Company on April 18, 1973.
"Article V - Surety Bonds and Undertakings"
Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company may,
from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies'
of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized
hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or
certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the
original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed. Such attorneys -in fact, subject to the limitations set forth in their
respective certificates of authority shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or
any other officer of the Company may at any time revoke all power and authority previously given to any attorney -in -fact.
tt„t,horF IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by
t;c4s4;4r its vice president and its corporate seal to be hereto affixed this 2nd day of ' April, 2007
CORPORAre2
•— Yy
State of Iowa, County of Linn, ss:
UNITED FIRE & CASUALTY COMPANY
Y
On 2nd day of Apri1, 2007, before me personally came Dennis J. Richmann
Vice President
to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice
President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that
he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like
authority, and acknowledges same to be the act and deed of said corporation.
_. Mary A. Jansen
Iowa Notarial Seal
Commission number'>.
713273
My Commission Expires.
10/26/10
Notary Public
, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy
of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of
Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts
thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and
effect.
In testimony whereof,I have hereunto subscribed my name and affixed the corporate seal of the said Company
y's this 20th clay of October 20 09
BP0A00190706
Item Coversheet
CITY OF WATERLOO
Council Communication
Resolution approving acceptance of improvements of Greenbelt Centre Plat No. 3, performed by K Cunningham Construction Co. Inc., and Jesup
Land Development Heartl. cavating, and receive and file two-year maintenance bonds.
City Council Meeti _: 12/9/2019
Prepared: 12/3/201
Resolution approving acceptance of improvements of Greenbelt Centre Plat No. 3, performed by K
SUBJECT: Cunningham Construction Co. Inc., and Jesup Land Development Heartland Excavating, and receive
and file two-year maintenance bonds.
Submitted by: Submitted Bv: Dennis J. Gentz, PE, Assistant City Engineer
The improvements required as a condition precedent to the approval of Greenbelt Centre Plan No. 3,
Summary Statement: Waterloo, Iowa; namely paving (K Cunningham Construction Co, Inc.) and the installation of storm
and sanitary sewer (Jesup Land Development Heartland Excavating) have been completed in
substantial conformance with the construction plans, standards, and requirements of this office.
Background Information: Athens: Greyhound Drive to Sta 15+00
https://waterloo.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=16479 12/3/2019