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Home My WebLink AboutCOUNCIL COMMUNICATION _ Item Coversheet Page 1 of 1 4,(1(1) < CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by . per ction Se ' es, Inc.,of Newton,IA,at a total cost of$286,638.91 for the F.Y.2017 Bridge Repairs-6th Street,18th Street,and Ansborough Avenue,Co act No. 916,and receive and file two(2)year maintenance bond. City Council Meeting:8/28/2017 Prepared:8/23/2017 Resolution approving Completion of Project and Recommendation of Acceptance of Work for work SUBJECT: performed by Jasper Construction Services,Inc.,of Newton,IA,at a total cost of$286,638.91 for the F.Y.2017 Bridge Repairs-6th Street,18th Street,and Ansborough Avenue,Contract No.916,and receive and file two(2)year maintenance bond. Submitted by: Submitted By:Eric Thorson,PE,City Engineer Jasper Construction Services,Inc.has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two(2)years from the date of the acceptance of the work under said contract. Source of Funds: GO Bonds ry I � https://waterloo.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=9412 8/23/2017 1 MAINTENANCE BOND $nnd No. IAC586134 KNOW ALL MEN BY THESE PRESENTS: That, Jasper Construction Services,Inc. of Newton,Iowa as Principal,and the Merchants Bonding Company(Mutual) as Surety, are held and firmly bound unto City of Waterloo,IA in the penal sum of Two Hundred Eighty-six Thousand Six Hundred Thirty-eight And ($ $286,638.91 i 91/100THS 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 hens,executors,administrators,successors and assigns,jointly and severally,firmly by these presents, Whereas.the said Principal entered inrn a certain contract.with Waterloo,IA To furnish al the material and labor necessary for die construction of F.Y.2017 Bridge Repairs-6th Street,18th Street,and Ansborough Avenue,Contract No.916 in Waterloo,Iowa In conformity with certain specifications;and Whereas,a further condition of said contract is that the said Principal should furnish a bond in indemnity,guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of Two(2) years from the date of acceptance of the work under said contract;and Whereas,the said Merchants Bonding Company(Mutual) fOr a valuable consideration, has agreed to join with said Principal in such bond or guarantee,indemnifying said City of Waterloo,IA Now,therefore,the condition of this obligation is such,that if the said Principal shall,at his own cost and expense,remedy any and all defects that may develop in said work within the period' of Two(2) years front 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 works then this obligation to be null and void; otherwise to be arid remain in full force and virtue in law. In Witness whereof, we have hereunto set our hands and seals this 10th day of July 2017, Jasper Construction Services,Inc. Princi al By: zi Merchants Bonding Company(Mutual) Surety By; 44,A,Let.„' Cindy Bennett Attorney-in-Fact MERCHAN % 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, Anne Crowner;Brian M Deimerly;Cindy Bennett;Craig E Hansen;Dione R Young;Jay D Freiermuth;Jody Decker;Kathleen Brewer;Kevin J Knutson;Michelle R Gruis;Shirley S Bartenhagen;Stacy Venn;Tim McCulloh 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 5th day of April , 2017 . PONq...'o. �.•:VG Cp4•. 'ELPO/p'•4'0; Q�•'RPO ' '°q•. MERCHANTS BONDING COMPANY(MUTUAL) �y::G° 4):** 5 c$ IPA& : MERCHANT NATIONAL BONDING, INC. j 2003 :�; :S• 1933 By77 4- •�'• a'''. �..' • • •L\ •• President • STATE OF IOWA •.''"""'�� COUNTY OF DALLAS ss. On this this 5th day of April 2017 , 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. �� tat ALICIA K.GRAM o Commission Number 767430 My Commission Expires y , / 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 10th day of July , 2017 .°o'P�10Nq�'o •41Q Cod*• ,`, y.�RppR4.6'o;, ;c0 F,PO,q 9' �v sue' j' 2003 ,0; =.s 1933 .*�: Secretary i..• ). �C. POA 0018 (3/17) ""