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Home My WebLink AboutINFORMAL PROJECTS / 2007 - PRESENTPrepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 07-265 RESOLUTION ACCEPTING THE WORK FOR THE 2007 DIRECTIONAL BORING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2007 Directional Boring Project, as included in a contract between the City of Iowa City and Gaylord Construction, Inc., of Fort Madison, IA, dated April 13, 2007, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $73,428.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 4th day of September 2007 (;aL � tn2),A. MAYOR Approved by ATTEST: 6lGLtiGid * . CIT `CLERK City Attorney'sOffice gJ-A9/0-7 It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x Pweng/res/07direclborring-acpNrork.doc 8/07 NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn -ra.ay._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (3I9) 356-5009 FAX ENGINEER'S REPORT www.icgov.org August 27, 2007 City Clerk City of Iowa City, Iowa Re: 2007 Directional Boring Project Dear City Clerk: I hereby certify that the construction of the 2007 Directional Boring Project has been completed by Gaylord Construction, Inc. of Fort Madison, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Engineering Division. The final contract price is $73,428.00. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, - Ronald R. Knoche, P.E. City Engineer PERFORMANCE AND PAYMENT BOND Gaylord Construction, Inc. (insert the name and address or loyal title of the contractor)--, as ontractor),as Principal, hereinafter called the Contractor and American Contractors Indemnity Company (insert the legal title of the Surety) as Surety, hereinafter called the Surely, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Eighty one Thousand One Hundred Eighty and no/iNfars ($ 81 180.00 ,v, utu poy„iem of wnicn contractor and Surety hereby bind themselves, their heirs; executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has, as of April 3, 2007 entered into a T^ (date) written Agreement with Owner for 2007 Directional Boring Project; and WHEREAS, the Agreement requires execution of this Performance and Payment Bond, to be completed by Contractor, in accordance with plans and specifications prepared by the"Iowa City Engineering Division, which Agreement is by reference made a part hereof, and the agreed upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDIFIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect until satisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms and conditions of the Agreement; and upon determina- tion by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (even though there may be a default or a succession of defaults under the Agreement or subsequent contracts of completion arranged under this paragraph), sufficient PB-1 funds to pay the cost of completion, less the balance of the Contract Price, but not exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and/or amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond In good repair for a period of one (1) year from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surely, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontrac- tors, all claims due them for labor performed or materials furnished in the performance of the Agreement for whose benefit this bond is given. The provisions of Chapter 573, Code of Iowa, are apart of this bond to the same extent as If it were expressly set out herein. SIGNED AND SEALED THIS 10th DAY OF April 20 07 . IN THE PRESENCE OF: Witness &4&j Hess Mary Janet Keaskowski PB-2 Gaylord Construction, Inc. (Principal) (Title) (Surety) American Contractors Ind Wily Company Ardeth M. Hillyer, Attorney- n-Fact (title) 9841 Airport Blvd., 9th Floor (Street) Los Angeles, CA 90045 (City, State, 630-571-2804 (Phone) State of ,Illinois ....................... County of DuPage 10°i On this ...............day of..?w91............ 2007, before me Surety personally appeared ............. Ardeth•M..LIil1 e to be known Company p Y hP .. y :....., , Acknowledgment-. whom being by me duly sworn, did depose and say: that he/she resides at.. Wntilmh1i'..111imiS....................................................... that he/she is the, A!MPEV Itl Fact o f American .Con..tractors...Indenm..ity ........... compa,t}......................... , the corporation described in and which executed the annexed instrument; that he/she knows the corporate seal of said corporation that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that he/she signed his/her name thereto by like order; and that the liabilities of said corporation do not exceed its assets as ascertained in the manner provided by law. t ........... .......:( .......o ... o .................. Notary Public in and for the hove County and Stale. 5/14/2009 My commission expires ................................. "OFFICIAL SEAL" PATRICIA KENIS Notary Public, State of Illinois My Commission Expires 5/14109 fir w =Zo'Y' Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 08-156 RESOLUTION ACCEPTING THE WORK FOR THE RECONSTRUCTION OF THE PAVEMENT AND ASSOCIATED STORM SEWER FOR THE ALLEY LOCATED IN BLOCK 40 OF ORIGINAL TOWN. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Reconstruction of the pavement and associated storm sewer for the alley located in Block 40 of Original Town as constructed by All American Concrete, Inc. of West Liberty, Iowa. WHEREAS, the maintenance bond has been filed in the City Engineer's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of ATTEST: 2�1T P . ` a,4,t- CITY CLERK City Attorney's Office .c fir dS It was moved by Champion and seconded by Wri ght the Resolution be adopted, and upon roll call there were: AYES: P WE NG\R ES\SanSeweTBlock40.acptwk.doc NAYS: ABSENT: ABSTAIN: Bailey Champion Correia Hayek x O'Donnell Wilburn Wright Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 09-234 RESOLUTION ACCEPTING THE WORK FOR THE 2008 STORM SEWER IMPROVEMENTS PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the 2008 Storm Sewer Improvements Project, as included in a contract between the City of Iowa City and Carter and Associates, Inc. of Coralville, Iowa, dated November 24th, 2008, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office WHEREAS, the final contract price is $52,078.09. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th ATTEST: tit/ City Jerk Approved by: 54 City Attorneys Office 4(oq Resolution No. 09-234 Page 2 It was moved by Hayek and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn x Wright wpdalalglossa ry-/resoi WoMcdoc I r � Qw;� 'l A CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356.5009 FAX ENGINEER'S REPORT wwwAgov.org June 24, 2009 City Clerk City of Iowa City, Iowa Re: 2008 Storm Sewer Improvements Project Dear City Clerk: I hereby certify that the construction of the 2008 Storm Sewer Improvements Project has been completed by Carter and Associates, Inc. of Coralville, Iowa in substantial accordance with the plans and specifications prepared by City of Iowa City Engineering Division. The final contract price is $52,078.09. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer � 1 J m- 2d(1) Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 09-233 RESOLUTION ACCEPTING THE WORK FOR THE 2008 SUMMER SIDEWALK REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2008 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa, dated July 23, 2008, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $80,641.25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of ATTEST: CITY -CLERK CityAttorney's Office 1,13o'o`7 It was moved by Hayek and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: x x x x x R x Pweng/res/acptwork-08sidews1krepalr.doc NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright ENGINEER'S REPORT June 25, 2009 City Clerk City of Iowa City, Iowa Re: 2008 Summer Sidewalk Repair Project Dear City Clerk I hereby certify that the construction of the 2008 Summer Sidewalk Repair Project has been completed by Feldman Concrete of Dyersville, Iowa, in substantial accordance with the plans and specifications prepared by the City of Iowa City Engineering Division. The final contract price is $80,641.25 1 recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Ron Knoche, P.E. City Engineer p.2 PERFORMANCE AND PAYMENT BOND Feldman Concrete, 29888 Prier Rd., Dyersville, IA as (insert the name and address or legal title of the Contractor) Principal, hereinafter called the Contractor and Merchants Bonding Company (insert the legal title of the Surety) 2100 Fleur Dr, Des Moines, IA 50321 , as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Sixty-eight thousand, one -hundred and thirty Dollars ($68,130.00 ) for the payment for which Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has, as of /� j 0� entered into a (date) written Agreement with Owner for 2008 Summer Sidewalk Repair Project; and WHEREAS, the Agreement requires execution of this Performance and Payment Bond, to be completed by Contractor, in accordance with plans and specifications prepared by , which Agreement is by reference made a part hereof, and the agreed -upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect until satisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Agreement, the Cwner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or -,bids for submission to Owner for completing the Project in accordance with the terms and conditions of the Agreement; and upon determina- tion by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (even though there may be a default or a succession of defaults under the Agreement or subsequent contracts of completion arranged under this paragraph), sufficient funds to pay the cost of completion, less the balance of the Contract Price, but not PB-1 p.6 exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and/or amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and Contractors Surety shall be obligated to keep the improvements covered by this bond in good repair for a period of ONE (1) year from the date of formal acceptance of the improvements by the Owner. D. No right of action :;hall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontrac- tors, all claims due them for labor performed or materials furnished in the performance of the Agreement for whose benefit this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if it were expressly set out herein. SIGNED AND SEALED THIS ZZ!3d DAY OF IN THE PRESENCE OF: ilness Witness (Pri cipal) 1S4nme V _ (Title) (Surety) Attorney -in -Fact (Title) 500 Iowa St (Street) Dubuque, IA 52001 (City, State, zip) 563-556-5441 (Phone) MM Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the Slate 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 David H. Fritz, Diana K. Hedrick, Keith M. Sindberg, Kevin L. Ehrlich, Charles Andracchio, Kimberly A. Weiland, Olivia R. Schmitt of Dubuque and 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, undertakings, recognlzances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: ONE MILLION ($1,000,000.00) 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 16th day of January, 2006. yl%G m.• oP 9 •. at . yv.• 1933 STATE OF IOWA COUNTY OF POLK as. MERCHANTS BONDING COMPANY (MUTUAL) By /'t'7 71 President On this 16th day of January, 2006, before me appeared Larry Taylor, to me personally known, who being by me duty swam 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. r• CINDY SMYTH Carim ssim Nnher173RY1 O.ANy Carrm nm rissi March 16, 2009 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as. 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. qq I ,rn�v-x�� Q In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 2Lylil ay of J '�i , n4 Secretary POA 0001 (1/06) NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR IOWA CITY POLICE STORAGE PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the Iowa City Police Storage Project in said City at 7:00 p.m. on the 28t' day of July, 2009, said meeting to be held in the Emma J. Harvat Hall in City Hall in said City, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK Pweng/nph/nph-pol icestorage09.doc 0 -28- 9 3f(5) Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO, 09-250 RESOLUTION ACCEPTING THE WORK FOR THE RIVERSIDE FESTIVAL STAGE - ELECTRICAL FLOOD REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Riverside Festival Stage - Electrical Flood Repair Project, as included in a contract between the City of Iowa City and Gerard Electric, Inc. of Iowa City, Iowa, dated May 1, 2009, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $30,950.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this ?sth day of ATTEST: 'f�l. n f CIT?-CLERK WI City Attorney's Office It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn x Wright PRvenglres/acptwrk-6versidefestivalstage-electriea17-0g.do rniSW iOE a CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 3565007 FAX ENGINEER'S REPORT wwwAgov.org July 15, 2009 City Clerk City of Iowa City, Iowa Re: Riverside Festival Stage Electrical Flood Repair Project 2009 Dear City Clerk: I hereby certify that the construction of the Riverside Festival Stage Electrical Flood Repair Project 2009 has been completed by Gerald Electric of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Staff The final contract price is $30,950. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer Bond No. GRIA17036B PERFORMANCE AND PAYMENT BOND Neumiller Electric, Inc., 985 238th (insert the name and address or le Ste 5, North Liberty, IA 52317 title of the Contractor) Principal, hereinafter called the Contractor and Granite Re, Inc. (inset the legal little of the Surety) as as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner,_ in the amount of Fifty -Four Thousand and 00/100 Dollars ($ 54 000.00 ) for the payment for which Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has, as of Mpy 1L,2009 entered into a (date) written Agreement with Owner for the Lower City Park - Electrical Flood Repair Project; and WHEREAS, the Agreement requires execution of this Performance and Payment Bond, to be completed by Contractor, in accordance with plans and specifications prepared by the Iowa City Engineering Division, which Agreement is by reference made a part hereof, and the agreed -upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect until satisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms and conditions of the Agreement; and upon determina- tion by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (even though there may be a default or a succession of defaults under the Agreement or subsequent contracts of completion arranged under this paragraph), sufficient funds to pay the cost of completion, less the balance of the Contract Price, but not exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and/or amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond in good repair for a period of one U year from the date of formal acceptance of the improvements by the Owner, D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontrac- tors, all claims due them for labor performed or materials furnished in the performance of the Agreement for whose benefit this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the some extent as if it were expressly set out herein. SIGNED AND SEALED THIS 5th 20 09 . IN THE PRESENCE OF: MIUMMAJi'll TIMMIN, e° M Liz Mosca, itness DAY OF June Neumiller Electric,.tk (Prfncipal) By: - Granite Re, Inc. (Surety) By: Bryan Jay Huft, (title) Attorney -in -Fact 14001 Quailbrook Dr (Street) Oklahoma City, OK 73134 (City, State, Zip) 800-535-0006 (Phone) F909 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of County of On this come($) day of , in the year 20 , before me personally to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument, and acknowledge(s) to me that he State of County of On this come(s) a member of the co -partnership of executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) day of , in the year 20 _ , before me personally to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he executed the same as for the act and deed of the said co -partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) Stale of w k/ ,_. Countyof } On this 9 day of JV411_ 6,�_ in the year 20 01 , before me personally come(s) to me me known, who, being duly sworn, deposes and says that he resides in the City of Qr{ U kY), 10(AEa� that he is the ffWVQ�y -______ ofthe NQ{{rh(_��Pi jZli IL�JVIL.__ the corporation described in and which executed the foregoing instrument,and that he signed his name thereto by like order. NI N -AN o" ComrM1lsslonNumber7359A9 n My Commission Exnn:s P Au ust B, )C; --- - - - Notary Publi State of Wisconsin County of St. Croix On this 5th come(s) Bryan Jay Huff ACKNOWLEDGMENT OF SURETY } day of June in the year 2009 , before me personally Attorney(s)-in-Fact of Granite Re, Inc. with whom I am personally acquainted, and who, being by me duly sworn, says that he/she reside(s) in Hudson. WI that he/she is (are) the Altorney(s)-in-Fact of company Granite Re. Inc. the company described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said Company, acid that, be signed said instrument as Attorneys) -in -Fact of the said Company by like order. �� i! f ` ' UIC>SCf'. 0 Y Or W S Notary Publ c 18-Mar-12 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; BRYAN JAY HUFT; LIZ MOSCA its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign ,its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; BRYAN JAY HUFT; LIZ MOSCA may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE,INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and SecretarWreasurer„this 2nd day: of December, 2008, EaE Kenneth D. Whittin on, President STATE OF OKLAHOMA ) a ) SS: O� COUNTY OF OKLAHOMA) Rodman'A. Frates, Secretary/Treasurer On this 2"d day of December, 2008, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Rodman A Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said; that they, the said Kenneth D. Whittington and Rodman A. Frates were respectively the President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. DaMy Commission Expires;May9, 2012 Notary PubliCommission..#:00005708 GRANITE RE, INC, Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation,: HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, i1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President; any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 501 day of Jun po9 odman A. Frates, Secretary/Treasurer GR0800-1 3f(4) Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 09-249 RESOLUTION ACCEPTING THE WORK FOR THE LOWER CITY PARK - ELECTRICAL FLOOD REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Lower City Park - Electrical Flood Repair Project, as included in a contract between the City of Iowa City and Neumiller Electric, Inc. of North Liberty, Iowa, dated May 15, 2009, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $54,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 28th day of City Attorney's Office 7 yG�v It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright Pweng/reslacphvodk-Iw0tyPa rkElecldca17-09.doc CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org July 15, 2009 City Clerk City of Iowa City, Iowa Re: Baseball Fields Electrical Flood Repair Project 2009 Dear City Clerk: I hereby certify that the construction of the Baseball Fields Electrical Flood Repair Project 2009 has been completed by Neumiller Electric of North Liberty, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Staff The final contract price is $54,000. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, �j Ronald R. Knoche, P.E. City Engineer Bond Number 54-173232 Gerard Electric Inc. , as (insert the name and address or legal title of the Contractor) Principal, hereinafter called the Contractor and _ United Fire & Casualty Company (insert the legal title of the Surety) as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Thirty Thousand Nine Hundred fifty & no/100ths----------Dollars ($ 30,950.00------------------------------- ------ --}-foe the payment for which Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has, as of MAY 1ST, 2009 entered Into a (date) written Agreement with Owner for the Riverside Festival Stage - Electrical Flood Repair Project; and WHEREAS, the Agreement requires execution of this Performance and Payment Bond, to be completed by Contractor, in accordance " with plans and specifications prepared by the Iowa City Engineering Division, which Agreement is by reference made a part hereof, and the agreed -upon work is hereafter referred to as the Project, NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void; otherwise It shall remain in full force and effect until satisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, In default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 9. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project In accordance with the terms and conditions of the Agreement; and upon determine - Von by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (even though there may be a default or a succession of defaults under the Agreement or subsequent contracts of completion arranged under this paragraph), sufficient funds to pay the cost of completion, less the balance of the Contract Price, but not exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and/or amendments thereto, less the amount property paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond in good repair for a period of one U year from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontrac- tors, all claims due them for labor performed or materials fumished in the performance of the Agreement for whose benefit this bond Is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as If it were expressly set out herein. SIGNED AND SEALED THIS 20 09 . IN THE PRESENCE OF: �ll d�G� /1I�I � i0 h 4- Witness IST DAY OF MAY Gerard Electric, Inc. (� (Principal) (Title) DAVID A. GERARD PRESIDENT United Fire & Casualty Company (Surety) Nancy D. SchwaiVWmey-in-Fact 4200 University Avenue #200 (Street) West Des Moines IA 50266 (City, State, Zip) 515-244-0166 P13-2 (Phone) F.T.Wl MMM 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 Attomey(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 Al I Bonds: and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully 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 neither 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. aomuuun IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its Vice president and its corporate seal to be hereto affixed this 2nd day of Apr i 1 , 2007 -`LSQ CORPORATE %S -� �— ?z UNITED FIRE & CASUALTY COMPANY SEAL p p Y State of Iowa, County of Linn ss ` Vice President On 2nd day of April, 2007, 'before me personally came Dennis J. Richmann 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 t M 7, Jans¢n mrd IN eat Commissioneon fl8D3 My Commugien Expires tvzeno :Notary Public I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy i 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. 11141'PPssA IGSLSriL rx� In testimony whereof I have hereunto subscribed my name and affixed the corporate seat of the said Company c`4� `�- this day of 20 . t CORPORATE SEAL D / �ryA C P �rrRlllll\1%'0 Secretary BPOA00190706 05-10-10 30 1 Prepared by: Kim Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. i o-249 RESOLUTION ACCEPTING THE WORK FOR THE 2009 SUMMER SIDEWALK REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2009 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa, dated July 15, 2009, be accepted; and WHEREAS, the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, the final contract price is $43,103.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this loth day of ATTEST:?�a�L,/• CITY ERK 2010 �.jlj MAYOR Approved by City Attorney's Office I ( v It was moved by Mims and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: Bailey Champion Dickens Hayek Mims Wilburn Wright Pweng/res109summersidewa Ik-acptwork.doc 4110 a6- - 2f 9 r Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 10-287 RESOLUTION ACCEPTING THE WORK FOR THE 2009 STORM SEWER IMPROVEMENTS PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the 2009 Storm Sewer Improvements Project, as included in a contract between the City of Iowa City and Carter and Associates, Inc. of Coralville, Iowa, dated November 201h, 2009, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Engineer's office. WHEREAS, the final contract price is $46,086.50, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 1st day of June , 2010. Mayor ATTEST: d zuJ City Clerk Approved by: City Attorney's Office SIa�IIv Resolution No. 10-287 Page 2 It was moved by champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: wpdata/glossa ry/resolution4c.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Prepared by: Kim Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 1 o-313 RESOLUTION ACCEPTING THE WORK FOR THE 404 HAZARD MITIGATION PROPERTY ACQUISITION DEMOLITIONS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 404 Hazard Mitigation Property Acquisition Demolitons, as included in a contract between the City of Iowa City and D.W. Zinser Company of Walford, Iowa, dated September 4, 2009, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $120,646.93. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 12th day of �i TA 7100 20 10 Approved by ATTEST:�hr� CITY tERK City Attorney's Office It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: Pweng/res/404hazmUde mo-acptwork.doc 7/10 NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright 4 10 Prepared by: Kumi Morris, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 10-334 RESOLUTION ACCEPTING THE WORK FOR THE SALT STORAGE FACILITY OAKLAND CEMETERY PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Salt Storage Facility Oakland Cemetery, as included in a contract between the City of Iowa City and Apex Construction Company of Iowa City, Iowa, dated November 2, 2009, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the Engineering Division office; and WHEREAS, the final contract price is $79,953.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 12th day of July 2010 MAYOR Approved by / r/ /' ATTEST: / alul"d � 5 CITY CLERK City Attorney ss ce y j, Pflu It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: Pweng/res/ACPTWRK-sallslorageoakland doc Dickens NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright the Resolution be I,' o s 4f(2) Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 10-446 RESOLUTION ACCEPTING THE WORK FOR THE PEDESTRIAN MALL BRICK REPAIR PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Pedestrian Mall Brick Repair Project, as included in a contract between the City of Iowa City and Hardscape Solutions of Iowa of Marion, Iowa, dated July 21, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $66,485.20. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 26th day of October , 20_i n y- MAYOR Approved by ATTEST: Aaae�,) ql- `k-aAA-) ((Jnn, qubm� CIT LERK CtyAttorney'sOffice Iill1110 It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright Pweng/res/ACPT W ORK-pedmallbrick.doc 10110 ENGINEER'S REPORT October 18, 2010 City Clerk City of Iowa City, Iowa Re: Pedestrian Mall Brick Repair Project Dear City Clerk: Ir 3k rlll�� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240.1826 (319) 356-5000 (319) 356-5009 FAX wwwJcgov.org I hereby certify that the construction of the Pedestrian Mall Brick Repair Project has been completed by Hardscape Solutions of Iowa of Marion, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Staff. The final contract price is $66,485.20. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely,`` Ronald R. Knoche, P.E. City Engineer ro 0 S2 U C7 C-)_ —I Ca CrJ 4f(1) Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 10-445 RESOLUTION ACCEPTING THE WORK FOR THE 2010 SUMMER SIDEWALK REPAIR PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the 2010 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and Bud Maas Concrete, Inc. of Iowa City, Iowa, dated July 12, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, the final contract price is $49,954.26. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 26th day of October , 2010 MAYOR �,d�s.,� /J A Approved by ATTEST: :22�7w CITY bLERK City Attorney's Office la 1lq 10 It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright Pweng/res/ACPTW OR K-2010summersldewalk.doc 10/10 ENGINEER'S REPORT October 18, 2010 City Clerk City of Iowa City, Iowa Re: 2010 Summer Sidewalk Repair Project Dear City Clerk: I P 1 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.1cgov.org I hereby certify that the 2010 Summer Sidewalk Repair Project has been completed by Bud Maas Concrete, Inc. of Iowa City, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price is $49,954.26 recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, l(J Ronald Knoche, P.E. City Engineer r� Q n C.) 11.16.10 4d 13 Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 10-483 RESOLUTION ACCEPTING THE WORK FOR THE CAPITOL STREET RAMP DOOR AND WINDOW REPLACEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Capitol Street Ramp Door and Window Replacement Project, as included in a contract between the City of Iowa City and Apex Construction Company of Iowa City, Iowa, dated November 23, 2008, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $86,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 16th day of November , 20 10 A`4'--4 MAYOR Approved by ATTEST:_��%Lc�,J CIT ERK It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: Wilburn ABSENT: Bailey Champion Dickens Hayek x Mims Wilburn Wright the Resolution be Pweng/res/ca pstrieplacement-acptwork.doe 11/10 12-01-10 Prepared by: Denny Gannon, Assistant City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 1 n-gog RESOLUTION ACCEPTING THE WORK FOR THE WATER MAIN, STORM INTAKES, AND PAVING PUBLIC IMPROVEMENTS FOR AUDITOR'S PARCEL 2004016 (WOOLF AVENUE EXTENSION), AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Storm intakes and water main improvements for Auditor's Parcel 2004016 (Woolf Avenue Extension), as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Auditor's Parcel 2004016 (Woolf Avenue Extension), as constructed by Streb Construction Co., Inc, of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Engineer's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements are previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 7th day of becember 2010. _M 1/' •'_ Approved by / ATTEST: %( ate—�i �C�r� (- wDa GEt r CITY CLERK City Attorney's Office �'�z////o It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion X Dickens x Hayek x Mims X Wilburn X Wright Pweny/resN=1faveex4ACPNJ0RK-10.dm 12/10 Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 11-9 RESOLUTION ACCEPTING THE WORK FOR THE IOWA RIVER BANK REPAIR PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa River Bank Repair Project, as included in a contract between the City of Iowa City and Bockenstedt Excavating, Inc. of Iowa City, Iowa, dated February 13lh, 2009, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Engineer's office. WHEREAS, the final contract price is $42,943.60. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 10th day of January , 2011. 5 � Mayor ATTEST: /(-, • �i d City Approved by: City Attorney's Office 1,2- 1a Resolution No. 1 Page 2 It was moved by Champion and seconded by _ Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey —x— Champion x Dickens x Hayek x Mims x Wilburn x Wright wpdala/glossa ry/resolution-lo. doe I r I ENGINEER'S REPORT May 3, 2011 City Clerk City of Iowa City, Iowa Re: Asbestos Abatement and Removal of Miscellaneous at 645 McCollister Blvd. in Iowa City, Iowa Dear City Clerk: w sus®W� STA CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org N o' �t t7 r m Hazardous�*Iater&s cb I hereby certify that the Asbestos Abatement and Removal of Miscellaneous Hazardous Materials at 645 McCollister Blvd. in Iowa City, Iowa has been completed by Active Thermal Concepts of Hiawatha, Iowa in substantial accordance with the plans and specifications prepared by Bracke-Hayes-Miller- Mahon, Architects, LLP of Davenport, Iowa. The final contract price is $5,200.00. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer ENGINEER'S REPORT May 9, 2011 I t 1 ®16a CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org N _O City Clerk City of Iowa City, Iowa �� _` Re: Communication Duct Installation Combined Projects :<tw„ b v Dear City Clerk: Cn I hereby certify that the Communication Duct Installation Combined Projects has been completed by Advanced Electrical Services of Iowa City, IA, in substantial accordance with the plans and specifications prepared by Communications Infrastructure Services Group. The final contract price is $79,137.00 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald Knoche, P.E. City Engineer Prepared by: Gary Cohn, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5430 RESOLU T ION NO. 11-1 73 RESOLUTION ACCEPTING THE WORK FOR THE COMMUNICATION DUCT INSTALLATION COMBINED PROJECTS WHEREAS, the Engineering Division has recommended that the work for construction of the Communication Duct Installation Combined Projects, as included in a contract between the City of Iowa City and Advanced Electrical Services, of Iowa City, Iowa, dated July 6, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the ITS Fiber Optic Utility account #8300; and WHEREAS, the final contract price is $79,137.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 17th day of May 20 11 . MAYOR ATTEST: adz� -hl. t CIT"'`CLERK Approved by City Attorneys Office It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x Pwenglreskom mdmt1nsta11-acptwork.doc 6111 NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Pf-a) 3e 4 Prepared by: Josh Slattery, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 11 —1 74 RESOLUTION ACCEPTING THE WORK FOR THE ASBESTOS ABATEMENT AND REMOVAL OF MISCELLANEOUS HAZARDOUS MATERIALS AT 645 MCCOLLISTER BLVD. IN IOWA CITY, IOWA PROJECT WHEREAS, the Engineering Division has recommended that the work for the Asbestos Abatement and Removal of Miscellaneous Hazardous Materials at 645 McCollister Blvd. in Iowa City, Iowa Project, as included in a contract between the City of Iowa City and Active Thermal Concepts of Hiawatha, Iowa, dated March 28, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Terry Trueblood Recreation Area account #4152; and WHEREAS, the final contract price is $5,200.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 17th day of ATTEST: 4Z . 7� Crf"MLERK 20 11 . MAYOR Approved by City Attorneys Offices (1 It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Pwenglres/asbestosabate-acptwork.doc 5111 Prepared by: Kumi Morris, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. i 1-19a RESOLUTION ACCEPTING THE WORK FOR THE PARKING RAMC' DOOR REPLACEMENT CAPITOL STREET AND DUBUQUE STREET RAMPS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Parking Ramp Door Replacement Capitol Street and Dubuque Street Ramps, as included in a contract between the City of Iowa City and Selzer Werderitsch Associates of Iowa City, Iowa, dated April 14, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Capitol Street/Dubuque Street Ramps, Doors and Windows Replacement account #3013-510800; and WHEREAS, the final contract price is $61,029. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 7th day of June 20 11 4yqti - MAYOR Approved by ATTEST: , � 1&, 6e w CITY ttERK City Attorney's Office 3f I it It was moved by champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x X X x x Pwe ng/res/acp(work-ParkingRampDoorReplace.do 5111 NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright ram; L73f 3 007 Prepared by: Brian Boelk, PW/Eng., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 1 1 -i en RESOLUTION ACCEPTING THE WORK FOR THE 2010 STORM SEWER IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2010 Storm Sewer Improvements Project, as included in a contract between the City of Iowa City and Bockenstedt Excavating, Inc. of Iowa City, Iowa, dated December 14, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineering office; and WHEREAS, funds for this project are available in the Stormwater Management account # 7700- 580100; and WHEREAS, the final contract price is $43,965.75. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 7th day of June , 20 11 A MAYOR Approved by ATTEST:�,U� CITftC ERK It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: i7 NAYS: City Attorney's Office s'3 t I t i Dickens the Resolution be ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright pweng/restacptwork2010stormwtrmgmt.doc SW JECCCIVIt ®,� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org May 25, 2011 City Clerk City of Iowa City, Iowa Re: 2010 Storm Sewer Improvements Dear City Clerk: I hereby certify that the construction of the 2010 Storm Sewer Improvements Project has been completed by Bockenstedt Excavating, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Engineering Division. The final contract price is $43,965.75. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer p-6 Prepared by: Kumi Moms, Eng. Div., & Brenda Nations, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. i 1 —91 4 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE EECBG WATER PLANT IMPROVEMENT PROJECT 2011. WHEREAS, Randall Electric, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $143,350,00 for construction of the above -named project; and WHEREAS, the original Consultant Engineer's estimate was $86,250.00; and WHEREAS, through a competitive quotation process, three bids were received and although they came in 60% higher than the Consultant's Estimate, the bids appear to be competitive based on the close range in the bid amounts; and WHEREAS, the increased costs are due to Davis Bacon Requirements, EECBG paperwork, difficulty of installation work within process areas and increased material cost; and WHEREAS, the amounts of the submitted bids were above the limit of competitive quotation, and thus the contract award must be approved by the City Council; and WHEREAS, funds for this project are available in the EECBG account # 2310-435100. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above -named project is hereby awarded to Randall Electric, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The Director of Public Works is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 7th day of June 2011. ATTEST: / J CIT ERK &44� bk",� MAYOR Approved by City Attorney's Office III pweng/res/awrdwn-randa]I EECeG.doc Resolution No. Page 2 It was moved by Wright and seconded by aims the Resolution be adopted, and upon roll call there were: AYES: wpdata/glossa ry/resolution-ic.doc NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright P,'jec 4 02� Cs) Prepared by: Kum] Morris, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. _ 11-223 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY PARKING OFFICE REMODEL PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa City Parking Office Remodel Project, as included in a contract between the City of Iowa City and Calacci Construction Company, Inc. of Iowa City, Iowa, dated May 17, 2010, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are now available in the Parking Office Remodel account #3016;and WHEREAS, the final contract price is $47,539.78. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of MAYOR ATTEST: ��,,, CITY CtERK 20 11 . Approved by City Attorney's Office.l I5 It was moved by Champion and seconded by trims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x Mims x Wilburn x Wright Pweng/res/parkingoKceremod-acphvork.doc 6111 3e(3) Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. t 1-244 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, PAVING, CURB AND GUTTER, AND CERTAIN SIDEWALK PUBLIC IMPROVEMENTS INSTALLED WITH THE JOHNSON COUN T Y HEALTH AND HUMAN SERVICES BUILDING, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed with the Johnson County Health and Human Services Building in accordance with the plans and specifications of the City of Iowa City: • Sanitary sewer improvements as constructed by Rathje Construction Co., Inc. of Marion, Iowa and Dave Schmitt Construction Company, Inc. of Cedar Rapids, Iowa. • Storm sewer improvements as constructed by Rathje Construction Co., Inc. of Marion, Iowa and Dave Schmitt Construction Company, Inc. of Cedar Rapids, Iowa. • Paving improvements as constructed by Rathje Construction Co., Inc. of Marion, Iowa. • Curb and gutter improvements as constructed by Tricon General Construction, Inc. of Dubuque, Iowa. • Certain sidewalk improvements as constructed by Tricon General Construction, Inc. of Dubuque, Iowa. WHEREAS, the maintenance bonds have been filed in the City Engineer's Office; and WHEREAS, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said storm sewer improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 2nd day of August 2011 10& ; MAYOR Approved by ATTEST: Zwtz,J � CITY'CLERK City Attorneys Office Resolution No Page 2 11-244 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: Pweng/res/pcohumanservbldg--acphvork.doc 7/11 NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Z3e Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5410 RESOLUTION NO. 11-282 RESOLUTION ACCEPTING THE WORK FOR THE 2011 WATER MAIN DIRECTIONAL BORING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2011 Water Main Directional Boring Project, as included in a contract between the City of Iowa City and Advanced Electrical Services, Inc. of Iowa City, IA, dated April 27, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Annual Water Main Projects account #3204; and WHEREAS, the final contract price is $42,249.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of September 20 11 MAYOR Approved by ATTEST: l/7�Zi�zc� 9S J k CITY'CLERK City Attorneys Office a`I II It was moved by Rai la;z and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x Pweng/res/2011 v&mai noon ng-acptwork.doc 8/11 NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright r k :.v1 p' CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 3S6-5009 FAX ENGINEER'S REPORT wwwAgov.org August 22, 2011 City Clerk City of Iowa City, Iowa Re: 2011 Water Main Directional Boring Project Dear City Clerk: I hereby certify that the 2011 Water Main Directional Boring Project has been completed by Advanced Electrical Services, Inc. of Iowa City, Iowa, in substantial accordance with the plans and specifications prepared by the City of Iowa City staff. The final contract price is $42,249.00 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer l i 0 01-2412 — 4d(6) mo�� Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5410 RESOLUTION NO. 12-27 RESOLUTION ACCEPTING THE WORK FOR THE 2011 WATER MAIN IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2011 Water Main Improvements Project, as included in a contract between the City of Iowa City and Lynch's Excavating, Inc. of West Branch, Iowa, dated October 4, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Annual Water Man Projects account #3204; and WHEREAS, the final contract price is $60,881.64. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 24th day of Tanuary 20 12 n +Q 4-q MAYOR Approved by ATTEST: AV.4� e. K 4m-� dGlcfge,� CIT RK City Attorneys Office 1/1i//2- It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: Pwenglres/2011 wlrmainimprov-acpbvork.doc 1/12 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton M-49 02-21.12 5d(2) Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 12-50 RESOLUTION ACCEPTING THE FY2012 ASPHALT RESURFACING PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the FY2012 Asphalt Resurfacing Project, as included in a contract between the City of Iowa City and L.L. Felling Company, Inc. of North Liberty, Iowa, dated July 5, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Pavement Rehabilitation account #3824; and WHEREAS, the final contract price is $ 753,660.79. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of February 2012. -A ^, Mayor ATTEST: ? - `� u/ City Jerk Approved by: ��GtGC. ✓ o-,yl L�� City Attorney's Office a((o 1(7— Resolution No. Page 2 It was moved by Champion and seconded by ThroQmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton rlll p' ®�rM ®i CITY OF IOWA CITY 410 East Washington Sneet Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.ICgo V.ol'g February 10, 2012 City Clerk City of Iowa City, Iowa Re: FY2012 Asphalt Resurfacing Project Dear City Clerk: I hereby certify that the construction of the FY2012 Asphalt Resurfacing Project has been completed by LL Pelling Company, Inc. of North Liberty, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. The final contract price of the project is $753,660.79. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer MBC Bond No.: IAC 65238 IFIC Bond No.: CMIFSU 0560285 PERFORMANCE AND PAYMENT BOND L.L. Pellinq Company, Inc. , as (insert the name and address or legal title of the Contractor) Principal, hereinafter called the Contractor and Merchants Bonding Company and (insert the legal title of the Surety) International Fidelity Insurance Company as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Seven Hundred Seventeen Thousand, Seven Hundred Thirty Seven & 10/ Dollars (g717,737.10-------------------------------- ) for the payment for which Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has, as of July 5, 2011 entered into a (date) written Agreement with Owner for the FY 2012 Asphalt Resurfacing Project; and WHEREAS, the Agreement requires execution of this Performance and Payment Bond, to be completed by Contractor, in accordance with plans and specifications prepared by City of Iowa Citv, which Agreement is by reference made a part hereof, and the agreed -upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect until satisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms and conditions of the Agreement; and upon determina- tion by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (even though there may be a default or a succession of defaults under the Agreement or subsequent contracts of completion arranged under this paragraph), sufficient Iff funds to pay the cost of completion, less the balance of the Contract Price, but not exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and/or amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond in goad repair for a period of five (5) years from the date of formal acceptance of the Improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontrac- tors, all claims due them for labor performed or materials furnished in the performance of the Agreement for whose benefit this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if it were expressly set out herein. 2011 SIGNED AND SEALED THIS 5th IN THE PRESENCE OF: Witness Witness Lisa Lawson DAY OF July (Principal) / 1 W I C e �� (Title) Merchants Bonding Company and Intem onal Fidelity 1psurance Company // (Surety) Scott A. Bailey (Title) orney-ir-Fact 2100 Fleur Drive (Street) Des Moires, IA 50321 (City, State, Zip) 800-678-8171 (Phone) 1:7:39 MERCHANTS BONDING COMPANY POWER OF ATTORNEY Bond#: IAC65238 for Company Employees 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 the following company employees Scott A. Bailey of Des Moines and 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 surely any and all bonds, undertakings, recognizances or other virilten obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: Unlimited 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 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 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 Wmess Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 30th day of March , 2010 . STATE OF IOWA COUNTY OF POLK ss. • _LNG Cri —;_ -o- •z: , �:3. y; 1933 ; c; MERCHANTS BONDING COMPANY (MUTUAL) By /Oe-��7 /-74 President On this 30th day of March , 2010 . 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. r♦ CINDY SMYTH r Commission Number 173504 fly Commission Expires March 16, 2012 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. 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 5th day of July , 2011 ,. �/ , 1-1 Secretary POA 0005 EMP (1/09) ime the exec[ CO\1PA; principal. This N Directors The Presl (1) To t to execute seal and deliver for: and on its of as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at e. of Attorneyy is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of die By Laws ado led by the Board of VTERNAT.IONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974 ! or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority lint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto; bonds and kings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore die signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindingg upon die Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. swo said said IN TEST IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this T6dr day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex Secretary day of October 2007, before me came the individual who executed die receding instrument, to me personal)y known, and, being by tire duly he is the therein described and authorized officer of the INTERNATIONAL fIDELIT] INSURANCE COMPANY; that the seal affixed to is the Corporate Seat of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors ofIN . at the City TESTIMONY hereunto s of Newark, , New Jersey the day and year first above written.Of Official Seal, 4gtIS I have hereunto Set that Prepared by: Dave Panes, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 12-51 RESOLUTION ACCEPTING THE RIVERSIDE DRIVE FLOOD REPAIR PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Riverside Drive Flood Repair Project, as included in a contract between the City of Iowa City and L.L. Felling Company, Inc. of North Liberty, Iowa, dated July 281h, 2009, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the South Riverside Drive between Riverside Drive / Hwy 6 and Park Road account # 3899; and WHEREAS, the final contract price is $ 42,059.62 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of February 2012. Mayor ATTEST: i d City Jerk Approved by: ..AG k" mmn d 4.4-ot,,-, - City Attorney's Office a(/olt2 Resolution No. Page 2 It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton III n" w h ®iqi CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org February 10, 2012 City Clerk City of Iowa City, Iowa Re: Riverside Drive Flood Repair Project Dear City Clerk: I hereby certify that the construction of the Riverside Drive Flood Repair Project has been completed by LL Pelling Company, Inc. of North Liberty, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Staff. The final contract price is $42,059.62. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, 'Zrr a _1P'. 4� Ronald R. Knoche, P.E. City Engineer A-..Ll� THE AMERICAN INSTITUTE OF ARCHITECTS IFIC Bond No. CMIFSU 0502531 il 1 Bond No. IAC 60954 AIA Document A312 "' ' 1 r • i #M Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable, CONTRACTOR (Name and Address); SURETY (Name and Principal Place of Business): Merchants Bonding Company (Mutual) L.L. Polling Company Inc. 2100 Fleur Drive 1425 W. Perm Street, PO Box 230 Des Moines IA 50321-1158 North Liberty, IA 52317-0230 International Fidelity Insurance Company OWNER (Name and Address): One Newark Center, 20th Floor City of Iowa City, Iowa Newark, NJ 07102-5207 410 E. Washington Street Iowa City, IA 52240 CONTSTRUCTION CONTRACT Date: Amount: $47 816.h Description (lame and Location): perform Project No.: ER-3715(638)--SR-52, Johnson County BOND Date (Not earlier than Construction Contract Date): August 11, 2009 Amount:. $47,816.30 Modifications to this Bond: ® None CONTRACTOR AS PRINCIPAL Company; (Corporate Seal) L.L. Pelting Company Inc Signature: Name and Title: t ,z W V nn ar Vi, ..e &-5oe"k- (Any additional signatures appear on page 3) UNTMEA ❑ See Page 3 Company: (Corporate SEA Merchapls B ��1P Co any (Mutual) and Internahona�Fiae�ty insurgstee CJ*pAny Signature: d <-- Name and Title: Michael P. Foster Attorney -In -Fact (FOR INFORMATION ONLY— Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): MCKUSKER & ASSOCIATES P O BOX 85 BROOKLYN, IA 52211 641-522-9206 - AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1964 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312,1984 1 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Suretys obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of per- forming the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owners right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Con- struction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractors default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: l After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefore. 5 If the surety does not proceed as provided in Para- graph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety had denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1,4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for cor- rection of defective work and completion of the Con- struction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractors Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, inclu- ding changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obli- gations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail - A IA DOCUMENYA312 a PERFORMANCE BOND AND PAYMENT BOND•DECEMBER1984 ED.* AIA® A312-1984 2 THEAMERICAN INSTITUTE OF ARCHnECHTS, 1735 NEW YORK AVE., N.W. WASHINGTON, O.C. 20006 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments M0DIFICA71ONS TO THIS BOND ARE AS FOLLOWS: have been made including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on be- half of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space Is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: Signature: Name and Title: Address: (Corporate Seal) A IA DOCUMENTA312 o PERFORM ANCE DON D AND PAYMENT BOND•DECEMBER 1994 ED,*AIA 0 A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEWYORK AVE, N.W. WASHINOTON,D.C. 20006 THE AMERICAN INSTITUTE OF ARCHITECTS toIFIC Bond No. CMIFSU 0502531 Bond No. IAC 60954 AIA Document A312 i 1 Y Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Merchants Bonding Company (Mutual) L.L. Polling Company Inc, 8 P Y 2100 Fleur Drive 1425 W. Penn Street, PO Box 230 Des Moines IA 50321-I158 North Liberty, IA 52317.0230 OWNER(NameandAddress): International Fidelity Insurance Company One Newark Center, 20th. Floor City of Iowa City, Iowa Newark, NJ 07102-5207 410 E. Washington Street Iowa City, IA 52240 CONTSTRUCfION CONTRACT Date: Amount: $47,816.30 Description (Name and Location): perform Project No.: ER-3715(638)--8R-52, Johnson County BOND Date (Not earlier than Construction Contract Date): August 11, 2009 Amount; '$47,816.30 Modifications to this Bond: ❑ None (M See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company. (Corporate Seal) Company: (Corporate Seal) L.L, Petting Company Inc. Merchants Bonding Company (Mutual) and International Fidelity uran Q C, npany Signature Q4jSignature: Name and Title: Kr) nQ p Name and tie: Michael P. Foster _.. _l,. _.l Attomey-In-Fact (Any additional page 6) (FOR INFORMATION ONLY— Name, Address and Telephone) AGENT or BROKER: MCKUSKER & ASSOCIATES P O BOX 85 BROOKLYN, IA 52211 641.522.9206 OWNER'S REPRESENTATIVE (Architect, Engineer or other part): MA DOCUMENT A312 - PERTORMANCE BOND AND PAYMENT BOND - DECEMBER 1964 ED. • AU THE AMERICAN INSTITUTE OF ARCHITECTS, I7}5 NEW YORK'AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrator, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 Wth respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnities, and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last per- formed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the mater- ials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Suretys total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owners priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are Void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. A IA DOCUMENTA312*PER FORMA NCE BOND AND PAYMENT BOND, DECEMBER 1984 ED. eAIA 0 A312-1984 b THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEWYORK AVE, N.W. WASHINGTON,D.C. 20006 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting With said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract Will the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. MODIFICATIONS TO THIS BOND AREAS FOLLOWS: The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Section 6 is modified by adding section 6.3. 6.3 The Surety's failure to discharge its obligations under this Section 6 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a clams, However, if the Surety fails to discharge its obligations under this Section 6, the Surety shall indemnify the Claimant for the reasonable attomey's fees the Clamiant incurs to recover any sums found to be due and owing to the Claimant. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: _ Name and Title: Address: SURETY Company: Signature: _ Name and Title: Address: (Cwporate Seaq AIA DOCUMENT A312 a PERFORMANCE BOND AND PAYM ENT BOND a DECEMBER 1984 ED. a AIA® THEAMERICAN INSTITUTE OF ARCHITECTS, 1735 NEWYORK AVE., N.W. WASHINGTON,D.C. 20006 A312-19a4 6 MERCHANTS BONDING COMPANY POWER OF ATTORNEY Bond4: 1AC60954 for Company Employees 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 the following company employees Michael P. Foster of Des Moines and 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, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: Unlimited 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 I st day of January , 2009 . STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) By /4-7-7 President On this 1st day of January , 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. 4 CINDY SMYT Commission Number 17350473504 uw. ' My Commission Expires March 16, 2012 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. 1, 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 I Ith day of August 2009 , I. • ... y RPo'q*- .°. Secretary °j; _ -o- • z: s: 1933 POA 0005 EMP (1/09) ;LARRY TAYLOR, WILLIAM WARNER JR., MICHAEL P. FOSTER ' : s g� t Marengo, IA. its true and lawful atone (s))-m-fact to execute, seal and deliver for and on its behalf as surety, an and all bonds and undertakings, contracts of indemnity and other writings obligatory in tiie nature thereof, which. are or may be allowed, requiredor ermined byy law, stature, rule regRuladon, contract or otherwise. and the execution of -such mstrument(s) in pursuance of these presents, „shall be as binduag upon. We said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its. regularly elected officers at its ;principal office. This Power of Attorn yyl�ls executed, and ma yy be revoked, pursuant to and by authority of Article 3-Section 3,' of the B Laws ad led by the Board of Directors of INTERNA"1'iONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of Pebraary, 1974, The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power mid authority (1) 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, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further this Power of Attorneyy is signed, and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th Alton of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company, may be affixed to any, such Dover of attorney or. any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bmdmg upon the Company and any such power so executed and certified by facsimile signatures and facsimile seat shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. W. of IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seat to be affixed by its authorized officer, this I6th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY .County of Essex IN TES at the C ad is who exe IN Secretary instrument, to me ppersonally known, and, being by me duly 'IDELITY IAIM1NCE COMPANY; that the seal affixed to tture were duly. affixed by order of the Board of Directors of .ed my Official Seal, vritten. 'NOTARY PUBLIC OF NEW JERSEY My Commission Expires Nov. 21, 2010 ereby certify that I have compared the foregoing copy of the et forth in said power of Attorney, with the tORIGINALS -ON and of the whole of the said originals, and that the said Power 4d(1) Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 1 2-i n RESOLUTION ACCEPTING THE WORK FOR THE EECBG WATER PLANT IMPROVEMENT PROJECTS 2011 WHEREAS, the Engineering Division has recommended that the work for construction of the EECBG Water Plant Improvement Projects 2011, as included in a contract between the City of Iowa City and Randall Electric, Inc. of Iowa City, IA, dated July 7, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Energy Efficiency and Conservation Block Grant Program account # 2310; and WHEREAS, the final contract price is $154,080.05. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of ATTEST: 4��. `�� CIT `CLERK 1 20 12 . ry MAYOR Approved by It was moved by nobyns and seconded by adopted, and upon roll call there were: AYES: NAYS: AAU,nvu� uw� City Attorney's Office 3(i.Ie�tz ABSENT: the Resolution be x Champion x Dickens x Dobyns _x Hayek x Mims x Payne x Throgmorton Pweng/res/Mptwo*-eecbg wtrplimprov.doc 3/12 Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 355-5145 4d(2) RESOLUTION NO. 12-200 RESOLUTION ACCEPTING THE WASHINGTON STREET TWO-WAY CONVERSION PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Washington Street Two -Way Conversion Project, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, Iowa, dated March 8, 2012, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Central Business District Maintenance account #3971; and WHEREAS, the final contract price is $49,777.22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 1st day of May , 2012. A� Mayor ATTEST: 44,, City clerk Approved by: mow, 4*hy1__ City Attorney's Office J/ 2,;, (/ Z, Resolution No. 12-200 Page 2 It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Tluogmorton Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5410 RESOLUTION NO. i 2-37s RESOLUTION ACCEPTING THE WORK FOR THE 2012 WATER MAIN DIRECTIONAL BORING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2012 Water Main Directional Boring Project, as included in a contract between the City of Iowa City and Volkens Excavating, Inc. of Dyersville, Iowa, dated April 16, 2012, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Annual Water Main Projects account #3204; and WHEREAS, the final contract price is $56,400.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of august 20 12 �l-59 I n qz MAYOR Approved by ATTEST: 7/lCl fi ii �J �C 7UJ 11/ ✓dl e �2iG CITY LERK City Attorney's Office g I/N 1z- It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion X Dickens x Dobyns x Hayek x Mims x Payne Throgmorton S.IENGIPM ResolutionsNroject ResolutionskA cept Projecl12012 Water Maln Boring12012 Boring -Accept Project.doc 8112 2d(5) Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 12-406 RESOLUTION ACCEPTING THE WORK FOR THE COURT HILL PARK PUBLIC RESTROOM BUILDING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Court Hill Park Public Restroom Building Project, as included in a contract between the City of Iowa City and North Construction, LLC, of Muscatine, Iowa dated March 27, 2012, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Court Hill Park account, under account number 4170. WHEREAS, the final contract price is $56,908.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 4th day of September 20 12 MAYOR YJ Approved by ATTEST: �L Ce 4e� CITY'CtERK City Attorney's Office g ?d / 2- It was moved by champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: NAYS: Pweng/masters/acptwork- FY2011 Elevator Modernization Project doe 8/12 I:I►IN Champion Dickens Dobyns Hayek Mims Payne Throgmorton 2d(7) Prepared by: Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 12-408 RESOLUTION ACCEPTING THE WORK FOR THE CDBG DEMOLITIONS PROJECT-CONTRACT#6 WHEREAS, the Engineering Division has recommended that the work for construction of the CDBG Demolitions Project - Contract #6, as included in a contract between the City of Iowa City and Kelly Demolition LLC of Mount Vernon, Iowa, dated January 17, 2012, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the CDBG account # 813-2300; and WHEREAS, the final contract price is $42,100.01, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 4th day of September 120 12 ATTEST: 7C - 7Cez� CITY ERK �,� MAYOR Approved by I �r�r l.�LeP.-hA �uvd A., 4 w City Attorney's Office SWP <6-/ f 2- It was moved by Champion and seconded by Throgmorton the Resolution be adopted, and upon roll call there were: AYES: Pweng/maslerslacphvork.doc 8/12 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton MMMM-Trm 3d(5) �o Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 12-422 RESOLUTION ACCEPTING THF. WORK FOR THE EECBG MERCER LOBBY, LOCKER ROOM & SCANLON GYM IMPROVEMENT PROJECTS 2011 [F/K/A EECBG MERCER RECREATION CENTER IMPROVEMENTS] WHEREAS, the Engineering Division has recommended that the work for construction of the EECBG Mercer Lobby, Locker Room & Scanlon Gym Improvement Projects 2011, as included in a contract between the City of Iowa City and Merit Electric, Ltd., of Iowa City, Iowa dated May 23, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Energy Efficiency and Conservation Block Grant Program account, under account number 2310. WHEREAS, the final contract price is $76,928.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 18th day of tember 2012 MAYOR Approved by It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: x x x x x x 9n2 NAYS: dew > City Attorney's Office c// y4l z, Dickens ABSENT: the Resolution be Champion Dickens Dobyns Hayek Mims x Payne Throgmorton 4d Prepared by: Dave Parma, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 12-474 RESOLUTION ACCEPTING THE. BURLINGTON STREET / U.S. HIGHWAY 6 FLOOD REPAIR PROJECT [ER-3715 (642)-8R-52, ER-3715(641)-8R- 521. WHEREAS, the Engineering Division has recommended that the work for construction of the Burlington Street / US Highway 6 Flood Repair Project, as included in a contract between the City of Iowa City and Vieth Construction Corporation of Cedar Falls, Iowa, dated August 18, 2009 be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Hwy 6 Bridge #3922, and Burlington Street Bridge account #3923; and WHEREAS, the final contract price is $49,981.91. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 13th day of November , 2012 Mayor ATTEST: tJ City Clerk Approved by: - City Attorney's Offic-It �� a � Resolution No. 12-474 Page 2 It was moved by Champion and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton "m-- 3d(3) Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5415 RESOLUTION NO. 11-132 RESOLUTION ACCEPTING THE WORK FOR THE FY2013 CURB RAMP IMPROVEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the FY2013 Curb Ramp Improvement Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa, dated June 6, 2012, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Curb Ramp Construction - ADA account # 3822; and WHEREAS, the final contract price is $81,273.89. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of December , 20_ 3 /,V� MAYOR Approved by y� ATTEST: (/I.�A .ym. CITY"CLERK City Attorney's Office It was moved by Mims and seconded by Payna the Resolution be adopted, and upon roll call there were: AYES: iq Peeng/masters/acptwork.doc 11/13 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 14-32 RESOLUTION ACCEPTING THE WORK FOR THE 2012 SUMMER SIDEWALK REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2012 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa, dated August 22, 2012, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Sidewalk Inspection account # 22710220; and WHEREAS, the final contract price is $33,910.06. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 18th day of February 2014. ATTEST: le � CITY CLERK MAYOR Approved by City Attorney's Office n%jy It was moved by trims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: Pwenglm asters/aeptwork Am 2/14 NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 5d(4) "3 -rra� 4d(3) men� Prepared by: Jason Reichart, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5416 RESOLUTION NO. 14-46 RESOLUTION ACCEPTING THE WORK FOR THE CDBG ASBESTOS ABATEMENT CONTRACT #9 PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the CDBG Asbestos Abatement Contract #9 Project, as included in a contract between the City of Iowa City and ECCO Midwest, Inc. of Inver Grove Heights, Minnesota, dated August 28, 2013 be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the CDBG account # D0813; and WHEREAS, the final contract price is $10,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 4th day of March , 2014 n MAYOR Approved by ATTEST: i A6, J&A�� 4—e._ CITY CLERK City Attorney's Office -4/ /y It was moved by Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: Fi Pweng/masters/acptwork.doc 2114 NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton "nT- r-Tr- 4Ei �2MM Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 14-45 RESOLUTION ACCEPTING THE WORK FOR THE 2012 IOWA RIVER POWER DAM REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2012 Iowa River Power Dam Repair Project, as included in a contract between the City of Iowa City and Lambourne Diving Service of Mechanicsville, Iowa, dated August 28, 2012, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Dam Repair account # 3278; and WHEREAS, the final contract price is $51,774.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 4th day of ATTEST: vC • `� CITY CLERK 20 j_ —. MAYOR A;Jdl Approved by 44la ','teniLLt/ GL�02y� CttyAttorney'sOffice It was moved by Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: Pweng/masterstacptwotk.doc 2/14 NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 14-146 RESOLUTION ACCEPTING THE WORK FOR THE 2013 SUMMER SIDEWALK REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2013 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and JDM Concrete, LLC of Kalona, Iowa, dated August 2, 2013, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Sidewalk Inspection account # 22710220; and WHEREAS, the final contract price is $30,254.81. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this loth day of May 12014, ATTEST: ITI'-aERK c v MAYOR Approved by City Attorney's Office �v7J' It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: 014 Pweng/masters/acptwork.doc 5/14 NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 3d(12) mommusom Prepared by: Dave Panes, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5415 RESOLUTION NO. 14-145 RESOLUTION ACCEPTING THE WORK FOR THE IOWA RIVER BANK REPAIR PROJECT 2014 WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa River Bank Repair Project 2014, as included in a contract between the City of Iowa City and Neuzil and Sons, Inc., of Oxford, Iowa, dated March 12, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Intra-City Bike Trails account #R4206; and WHEREAS, the final contract price is $18,996.77. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 20th day of ATTEST: CITY 20 14 MAYOR Approved by City Attorney's Office It was moved by Payne and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: Fa Pweng/masters/acptwork.doc 5/14 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 14-144 RESOLUTION ACCEPTING THE WORK FOR THE 2013 SEWER REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2013 Sewer Repair Project, as included in a contract between the City of Iowa City and Lynch's Excavating, Inc. of West Branch, Iowa, dated July 15, 2013, be accepted; and WHEREAS, seven additional sites were identified after the contract was signed; and WHEREAS. Staff negotiated change orders to the original contract for the amount of $68,042.05; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Annual Sewer Repair account # V3101; and WHEREAS, the final contract price is $150,047.32. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said improvements are hereby accepted by the City of Iowa City, Iowa. The final expenditure is approved. Passed and approved this 20th day of May , 20_IL—. MAYOR ATTEST:��V D -61TYdLERK It was moved by Payne and seconded adopted, and upon roll call there were AYES: 1.1 X X x X x X NAYS: A proved by ll// 6 City Attorney's Office by Dickens the Resolution be ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Jason Reichart, Special Projects Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5416 RESOLUTION NO. 14-189 RESOLUTION ACCEPTING THE WORK FOR THE REMOVAL OF 2013 FLOOD -RELATED SAND AND DEBRIS FROM CITY PARK PROJECT WHEREAS, the Engineering Division has recommended that the work for the Removal of 2013 Flood -Related Sand and Debris from City Park Project, as included in a contract between the City of Iowa City and Peterson Contractors, Inc. of Reinbeck, Iowa, dated January 1, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the RstLwrCity account # R4184; and WHEREAS, the final contract price is $38,842.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 17th day of ATTEST: C,.J•� 20 14 /k MAYOR Approved by City Attorney's Office It was moved by sotchway and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Pvreng/maste rslacphvork.doc 6114 ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Jason Reichart, Special Projects Engineer, Public Works, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5416 RESOLUTION NO. 14-190 RESOLUTION ACCEPTING THE WORK FOR THE CDBG DEMOLITIONS PROJECT - CONTRACT #9 WHEREAS, the Engineering Division has recommended that the work for construction of the CDBG Demolitions Project - Contract #9, as included in a contract between the City of Iowa City and CAJ Enterprises, Inc. of West Branch, Iowa, dated January 16, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the CDBG account # D0813; and WHEREAS, the final contract price is $10,736,60. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 17th day of .Tune , 20 14 ATTEST: �/017,a, ) -/1 . A—,,. CITY`CtERK MAYOR` Approved by City Attorney's Office It was moved by Botchway and seconded by trims the Resolution be adopted, and upon roll call there were: AYES: Pweng/masters/acptwork.doc 5/14 NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5410 RESOLUTION NO. 14-214 RESOLUTION ACCEPTING THE WORK FOR THE EMERALD STREET GROUND STORAGE RESERVOIR BOOSTER PUMP VFD REPLACEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Emerald Street Ground Storage Reservoir Booster Pump VFD Replacement Project, as included in a contract between the City of Iowa City and Advanced Electrical Services, Inc. of Iowa City, Iowa, dated October 16, 2013, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Ground Storage Reservoir VFD Replacement/Upgrade account #W3213; and WHEREAS, the final contract price is $65,900,00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 15th day of July 120 14 MAYOR Approved by ATTEST: �i/�2»�s� Y� . Yt �ti✓ AXZ,4 1 w 1" ,� CITY CLERK City Attorney's Office -i t-f /N It was moved by Throgmorton and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: *4 NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Pweng/masters/acphvork.doc 7/14 08-19.14 3d(9) nommmm Prepared by: Josh Slattery, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 14-236 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR 475 — 509 S. DODGE STREET, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer improvements for 475 — 509 S. Dodge Street, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the City of Iowa City has notified the contractor listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public use. Passed and approved this 19th day of August 2014 /-�ci A MAYOR Approved by ATTEST: kik(A s IA&UDy, J1lk � CITY OLERK 'NyAttorney's Office /)� It was moved by trims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: X x x x X X pwengMastersl cpt-Improvements.tloc NAYS: ABSENT: X Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Ben Clark, PE, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 366-5436 RESOLUTION NO. 14-297 RESOLUTION ACCEPTING THE WORK FOR THE WETLAND MITIGATION FOR THE WASTEWATER TREATMENT FACILITIES CONSOLIDATION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Wetland Mitigation for the Wastewater Treatment Facilities Conolidation Project, as included in a contract between the City of Iowa City and Stek Earthmoving of New Sharon, Iowa, dated May 20'', 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the South Wastewater Expansion Fund account # V3135; and WHEREAS, the final contract price is $49,548.10. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of October , 20 14 �3 Approved by ATTEST:/4tld-r.-2 7r • .Iit� J�.c o<At�-v-w,i,;vc. CITY C�LERK City Attorney's Office It was moved by trims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES X X X X X x NAYS: ABSENT: _ Botchway _ Dickens x Dobyns Hayek _ Mims _ Payne _ Throgmorton 4d(1) Pweng/masterslacphvork.doe 10/14 Bond Number S428909 Slabach Construction Co Inc aS (insert the name and address or legal title of the Contractor) Principal, hereinafter Called the Contractor and _ Employers Mutual Casualty Company (insert the legal title of the Surety) PO Box 712 Des Moines IA 50306 as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Forty-11VC Thousand Two Hundred Seventeen & no/100ths----- Dollars ($ 45,21zo0------------------------------------- ) for the payment for which Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly; and severally. tdOU 13 2014 WHEREAS, Contractor has, as of 2 ZZ 5 , entered into a (date) ('Ll f r lovj"r.Iiy io/' l written Agreement with Owner for Communications Infrastructure Improvement Project (combined projects Part -A Preparatory Work (Project 2013-008A) & Part-B -- Optical Fiber Cable Installation (Project 2013-008M and WHEREAS, the Agreement requires execution of this Performance and Payment Bond, to be completed by Contractor, in accordance with plans and specifications prepared by the Iowa City Engineering Division, which Agreement is by reference made a part hereof, and the agreed -upon work is hereafter referred to as the Project. NOW, THEREFORE. THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void: otherwise it shall remain in full force and effect until satisfactory completion of the Project. A, The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the defauft, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms and conditions of the Agreement; and upon determina- tion by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (even though there may be a default or a succession of defaults under the Agreement or 2M subsequent contracts of completion arranged under this paragraph), sufficient funds to pay the cost of completion, less the balance of the Contract Price, but not exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in Oils paragraph, shell mean ft total amount payable by Owner to Contractor under the Agreement, together with any addenda and/or amendments thereto, kres the amount property paid by Owner to Contractor. C. The Contractor and Contractor's Surely shall be obligated to keep the improvements covered by this bond in good repair for a period of one (1) year from the data of formal acceptance of the Improvements by the Owner. D. No right of action shall accnts, to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of principal's subcontractors, all datms due them for labor performed or materials fumished in the perfomnance of the Agreement for whose benefit this bond is given. The provisions of Chapter $73, Code of Iowa, are a part of this bond to the same extent as if it were expressly set out herein. SIGNED AND SEALED THIS IN THE PRESENCE OF: Iiness DAY OF .20 Slabneh C011atrnc6011 Co Inc (Principal) Employers Mutual Casualty1Company Nancy D' ffii tidal, Altorney-in-Fact (Title) 4200 University Avenue #200 (Street) West Des Moines IA 50266 ov 1.1 2014 (City, State, Zip) 515-244-0166 (Phone) AVEMC INSURANCE P.O. Box 712•Des Moines, lA50306-0712 No. A52630 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5, Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: F. MELVYN HRUBETZ, PATRICK K. DUFF, GREG T. LAMAIR, MARK E. KEAIRNES, NANCY D. BALTUTAT, JEFFREY R. BAKER, JOSEPH I. SCHMIT, JILL SHAFFER its true and lawful attorney -in -fact, with full paver and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: In an amount not exceeding Ten Million Dollars ......... ........... ................................................................................................................................. $10,000,000.00 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized office"r`s of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire APRIL 1, 2014 unless sooner revoked. NOV 1 s 7014 AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Direplgr,s_of{eapjb of,tba companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casually Company shall have power and authonly to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attomey-in-tact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 12th day of JUNE 2013 Sealsi� `ps o'"SU" E °"^Pq"''• ; .......... Bruce G. Kelley, hairman Michael Freel of Companies 2, 3, 4 5 & 6; President Assistant Vice President 0 3 of Company 1; Vice Chairman and z SEAL,=g? ;�: 1863� o `- -1 CEO CEO of Company7 ,. r x Nq •� •god: • a �` mwA b.:a . J6\SURAryCF', :•�\NSUMNC ,, C•FUUTUTAL Cq ,. ty°: :P o09: ;ye,.oevopq��, oevoeq�,,oq; `Pnvoxq��., `K- -2. SEAL 'Y; o SEAL 2�_ ? SEAL 'p_ ;. '� '� �• DATI1 !'lDIM1ES.\� ' IOWA DPY-U •� pAUTUq[ / tio�MUTUq� sG9 9 LAUREL A. BLOSS �Ru,PIPo ¢ t Commission Number 183662 �N/NES, \off • • My Comm. Exp. Marl 3,201 On this 12th day of JUNE AD 2013 before me Note y Public in and for the Stale of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly swom, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Vice Piesident/Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires March 13, 2014. Q bz_&A� CERTIFICATE Notary Public in and for the Stale of Iowa I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on JUNE 12, 2013 on behalf of: F. MELWN HRUBETZ, PATRICK K. DUFF, GREG T. LAMAIR, MARK E. KEAIRNES, NANCY D. BALTUTAT, JEFFREY R. BAKER, JOSEPH I. SCHMIT, JILL SHAFFER are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of Vice President Bond Number S435504 PERFORMANCE AND PAYMENT BOND (insert the name and address or legal title of the Contractor) Principal, hereinafter caHad the Contractor and Employers Mutual Casualty Company (insert the legal We of the Surety) P O Box 712, Des Moines IA 50306 as as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Thirty-eight Thousand Eight Hundred Fifty-eight & 50/100 Dollars (g 38,858.50-------------------------------- ) for the payment for which Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally.` NOV 13 2014 WHEREAS, Contractor has, as of-.. 9I Z/1 y entered into a (date) (l, l (,mv,1��,,, written Agreement with Owner for Communications infrastructure Improvement Protect Flber' Infrastructure Reroute To Vacate North Waste Water Treatment Plant (Project 2014-005 — Bob - projects 2014-006A thru D), and WHEREAS, the Agreement requires execution of this Performance and Payment Bond, to be completed by Contractor, in accordance with plans and specifications prepared by the Iowa City Engineering Division, which Agreement is by reference made a part hereof, and the agreed -upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect until astisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or 2. Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms and conditions of the Agreement; and upon determina- tion by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (even am- though there may be a default or a succession of defaults under the Agreement or subsequent contracts of completion arranged under this paragraph), sufficient funds to pay the cost of completion, less the balance of the Contract Price, but not exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and/or amendments thereto, less the amount property paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond In good repair for a period of one (1) year from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner, IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontractors, all claims due them for labor performed or materials furnished in the performance of the Agreement for whose benefit this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as If it were expressly set out herein. SIGNED AND SEALED THIS /2 DAY OF IN THE PRESENCE OF. / / W Hess Slabach Construction Co Inc �(Principal) Employers Mutual Casualty Company (Surety) Wrin (Title) Nancy D. Baltutat, Attorney -in -Fact NOV 13 2014 4200 University Avenue #200 (Street) West Des Moines IA 50266 (City, State, Zip) 515-244-0166 (Phone) PB-2 AFEMCP INSURANCEP.O. Box 712•Des Moines, [A50306-0712 N0. A80496 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casually Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: F. MELWN HRUBETZ, PATRICK K. DUFF, GREG T, LAMAIR, MARK E. KEAIRNES, NANCY D. BALTUTAT, JEFFREY R. BAKER, JOSEPH I. SCHMIT, JILL SHAFFER its true and lawful attorney -in -fact, with full power and authodly conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: In an amount not exceeding Ten Million Dollars .......................... ............................................................ .......: .......:........510;000,000.00 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duty authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. NOV 13 2014 The authority hereby granted shall expire APRIL 1 2017 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY AhwIlu�st This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duty called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power-of-attomey issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-tact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 12th day of JUNE 2013 / Seals p INSU �'•G01.1p• 000, rr'' �Yr& �$�5, AgM1,CL ORgPi: .- 04F", yPF' 2 • ORgR!� O�i QOP�• r�gS4 pPPORgP�:9 �. . � Q �� 25 SEAL =;` 1563�=a ?;: 1953�'IOVI \,Su AN,, ,,NSUMp�•, ;J�V 1UA,'C'• `4�. pGOR �'CO �: 4C.'PPORq eCQ: �«PS. pPPORa'SG: SEAL SEAL w-SEALo ' IOWN O•ryONr" UAY.OgP•,- '•, `PM1fOINE5.�0` ` Mu1ua// tio�MUTUq NSG E z ,LYNNIAVERIDGE y,`#, KATHY i m : Commission Number 780769 My Commission Fires October 10, 2016 �elNEs. toS� Bruce G. Kelley, hairman of Companies 2, 3, 4, 5 & 6; President of Company 1; Mee Chairman and CEO of Company 7 '/ '� Michael Freel Assistant Vice President On this 12th day of JUNE AD 2013 before me Notary Public in and for the Stale of Iowa, personally appeared Bruce G. Kelley and Michael Free], who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Vice President/Assistant Secretary, respectively of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said Instrumentwas signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2016. ) Notan/Public M and for the State of Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on JUNE 12 2013 on behalf of: F. MELWN HRUBETZ, PATRICK K. OUFF, GREG T. LAMAIR, MARK E. KEAIRNES, NANCY D. BALTUTAT, JEFFREY R. BAKER, JOSEPH I. SCHMIT, JILL SHAFFER are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of Vice President Prepared by: Jason Reichart, Public Works / Engineering, 410 E. Washington St., Iowa City, IA 52240, (319)356-5416 RESOLUTION NO. 14-316 RESOLUTION ACCEPTING THE WORK FOR THE HESCO BARRIER REMOVAL 2014 PROJECT WHEREAS, the Engineering Division has recommended that the work for the Hesco Barrier Removal 2014 Project, as included in a contract between the City of Iowa City and Iowa Bridge & Culvert, LC of Washington, Iowa, dated July 21, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Storm Water Management account # 77770110-905;and WHEREAS, the final contract price is $51,686.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 18th day of November 120 14 ATTEST: CITY CLERK n MAYOR Approved by City Attorneys Office !� 7 /ef It was moved by Throgmorton and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: Pweng/maste rs/acptwork.doc 11/14 NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 14-442 RESOLUTION ACCEPTING THE WORK FOR THE PEDESTRIAN MALL PLAY AREA SURFACING IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Pedestrian Mall Play Area Surfacing Improvements Project, as included in a contract between the City of Iowa City and Bruce & Sarah Feldman d/b/a Feldman Concrete of Dyersville, Iowa, dated July 30, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Central Business District Streetscape account # P3971: and WHEREAS, the final contract price is $89,174.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 16th day of December , 20 14 MAYOR�� Approved by ATTEST: • mat% atq rd�art�v7�cp CITY 'LERK City Attorney'sOffice /4y/Iy It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: i� Pweng/masters/acptworkAm 12/14 NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 12-16-14 4d(3) hk ,.N .,, Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 15-63 RESOLUTION ACCEPTING THE WORK FOR THE 2014 SEWER REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2014 Sewer Repair Project, as included in a contract between the City of Iowa City and Lynch's Excavating, Inc. of West Branch, Iowa, dated June 12, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Annual Sewer Repair account # V3101; and WHEREAS, the final contract price is $1W377.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Passed and approved this 9th day of March , 20 15 P MAYOR Approved by ATTEST:J�c�-«1 �fzGL� �Mic,�� CITY CL'RK City Attor It was moved by Throgmorton and upon roll call there were: AYES: iA X X X X X X Pweng/masters/acptwork. doc 2/15 and seconded by Botchway the Resolution•be adopted, NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton -7r� 4d(5) Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 15-93 RESOLUTION APPROVING THE FINAL CONTRACT PRICE FOR THE 2014 SEWER REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2014 Sewer Repair Project, as included in a contract between the City of Iowa City and Lynch's Excavating, Inc. of West Branch, Iowa, dated June 12, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Annual Sewer Repair account # V3101, and WHEREAS, this work was accepted by this Resolution No. 15-63 but the final contract price was inaccurately stated therein; and WHEREAS, the final contract price is $108,592.00, and WHEREAS, this resolution is to correct the final contract amount. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, Ti 1. The final contract price of $108,592.00 is approved. 2. The retainage held per Iowa Code Chapter 573 shall be released 30 (thirty) days after the original acceptance date of March 9, 2015. Passed and approved this 7th day of MAYOR ATTEST: r &� X. of CITY'CLERK 20 15 Approved by Gl City Attorney's Office It was moved by Payne and seconded by trims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens x Dobyns Hayek Mims Payne Th rogm o rton Pwe n g lma sterslacphvork. doc 4115 Prepared by: Ben Clark, PE, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 15-41 61 1 1 • ra -�� ♦ • ♦- WHEREAS, the Engineering Division has recommended that the work for the Asbestos Abatement, Removal of Misc. Hazardous Materials and Removal of Household Hazardous Waste at the City of Iowa City North Wastewater Treatment Plant project, as included in a contract between the City of Iowa City and New Horizons Enterprises, Inc. of Lincoln, Nebraska, dated December 24, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the North Wastewater Plan Demolition Fund account # V3142; and WHEREAS, the final contract price is $25,019.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 23rd day of February 20 15 MAYOR Approved by ATTEST: LZ.p 7. wnW)cz/P��l� ua� CITY CLERK City Attorney's Office It was moved by trims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 4d(6) Prepared by: Kim Sandberg, Public Works, 416 E Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 15-112 RESOLUTION ACCEPTING THE WORK FOR THE 2014 SUMMER SIDEWALK REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2014 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and Schafbuch Concrete & Foundations Inc. of Iowa City, Iowa, dated August 4, 2014, be accepted, and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office, and WHEREAS, funds for this project are available in the Sidewalk Inspection account # 22710220, and WHEREAS, the final contract price is $64,298.75. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of April 2015, ATTEST:_ /Jig t J CITY CLERK It was moved by Mims adopted, and upon roll call there were: AYES: ip MAYOR Approved by �14a Aw,a,— City Attorney's Office t,I( p-Jf J- and seconded by Payne the Resolution be NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Pwenglmastersfacptwo rk. doc 4/15 Prepared by Jason Reichart, Special Projects Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5416 RESOLUTION NO. 15-2 RESOLUTION ACCEPTING THE WORK FOR THE REMOVAL OF 2014 FLOOD -RELATED SAND AND DEBRIS FROM CITY PARK PROJECT WHEREAS, the Engineering Division has recommended that the work for the Removal of 2014 Flood -Related Sand and Debris from City Park Project, as included in a contract between the City of Iowa City and Delong Construction, Inc. of Washington, Iowa, dated December 9, 2014, be accepted, and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the 6.14 Flood Parks Category G account # R4173, and WHEREAS, the final contract price is $33,219,90. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 15th day of September 20 15 MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office It was moved by trims adopted, and upon roll call there were: AYES: Pweng/masterslacpMork. doc 9115 and seconded by Dickens the Resolution be NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Dave Panes, Public Works, 410 E Washington St., Iowa City, IA 52240 (319) 356-5415 RESOLUTION NO. 15-278 RESOLUTION ACCEPTING THE WORK FOR THE NORMANDY DRIVE RESTORATION PROJECT, PHASE IIIA WHEREAS, the Engineering Division has recommended that the work for construction of the Normandy Drive Restoration Project, Phase IIIA as included in a contract between the City of Iowa City and Advanced Electrical Services, Inc. of Iowa City, Iowa, dated November 7, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Normandy Drive Restoration account # R417:and WHEREAS, the final contract price is $ 29,303.90. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 15th day of September , 20 15 �� "" Approved by ATTEST: 7?'a CITY`CLERK'City Attorney's Office It was moved by Mims and seconded by adopted, and upon roll call there were: AYES: `wen g/masters/acptwork, doc 9115 NAYS: Dickens ABSENT. the Resolution be Botchway Dickens Dobyns Hayek Mims Payne Throgmorton MTT-rT- 2c(2) Prepared by: Geoff Fruin, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5010 RESOLUTION NO. 15-366 RESOLUTION ACCEPTING THE WORK FOR THE ASHTON HOUSE RAMP AND SIDEWALK PROJECT WHEREAS, the Parks & Recreation Acting Director and the consultant, Abundant Playscapes, Inc., have recommended that the work for construction of the Ashton House Ramp and Sidewalk Project, as included in a contract between the City of Iowa City and Iowa State Contractors of Ottumwa, Iowa, dated December 3, 2013, be accepted; and WHEREAS, the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, this project is budgeted in CIP project#4178; and WHEREAS, the final contract price is $147,621.97. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 30th day of ATTEST :??C� k CITY -CLERK Cl November ,20 15 (.a�/0. MAYOR Approved by City Attorney's Office It was moved by sotchway and seconded by trims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton � d(14) a awnwim Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5415 RESOLUTION NO. 15-380 RESOLUTION ACCEPTING THE WORK FOR THE 2014 CURB RAMP IMPROVEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2014 Curb Ramp Improvement Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa, dated October 23, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Curb Ramp Construction - ADA account # S3822: and WHEREAS, the final contract price is $91,035.20. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 15th day of ATTEST: �%<Zy«�% k _ kay L/ CITY LERK It was moved by trims adopted, and upon roll call there were: AYES: Pwe n g/ma ste rs.!acpMork. d oc 12/15 cember ,20 15 MAYOR� Approved by y� City Attorney's Office and seconded by Dobyns the Resolution be NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 4d(15) ■� Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5410 RESOLUTION NO. 15-381 RESOLUTION ACCEPTING THE WORK FOR THE SYCAMORE STREET GSR BOOSTER PUMP VFD REPLACEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Sycamore Street GSR Booster Pump VFD Replacement Project, as included in a contract between the City of Iowa City and Neumiller Electric, Inc. of Iowa City, Iowa, dated March 13, 2015, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Ground Storage Reservoir VFD Upgrades account # W3213; and WHEREAS, the final contract price is $76,330.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 15th day of December 20 15 ATTEST: fS . CITY'CLERK t. MAYOR Approved by CityAttorney's Office, fl�ys It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: i5 NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 16-6 RESOLUTION ACCEPTING THE WORK FOR THE 2015 CAPITOL STREET STORM SEWER REPLACEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2015 Capitol Street Storm Sewer Replacement Project, as included in a contract between the City of Iowa City and Yordi Excavating of Cedar Rapids, IA, dated October 22,2015, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineering office; and WHEREAS, funds for this project are available in the Stormwater account # 77770110; and WHEREAS, the final contract price is $30,551.10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 5th day of January 20 16 M OR Approved by ATTEST:?Gr,-v % X 7�ti'u �AZ�rv�/�n>al C T RK CityAttorney's Office It was moved by Dickens and seconded by sotchway the Resolution be adopted, and upon roll call there were: AYES: r0. X X X X X X Pw2n91M 2ste rs/acptwork. doc 12M 6 NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO, 16-120 RESOLUTION ACCEPTING THE WORK FOR THE 2015 SEWER REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2015 Sewer Repair Project, as included in a contract between the City of Iowa City and Calacci Construction of Iowa City, Iowa, dated May 20, 2015, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office, and WHEREAS, funds for this project are available in the Annual Sewer Repair account # V3101, and WHEREAS, the final contract price is $147,42722. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Passed and approved this 3rd day of May , 20 16 MAYAR \+ Approved by � 44 LL--� ATTEST: 2 5 Qtz/Gn(A �H�O' 1w- CITY ERK LvAttorneys Office ,A/�I,� It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: % Botchway % Dickens X Dobyns X Hayek _x Mims Payne Throgmorton Pweng/masters/ac ptwork. doc 4/16 mm"TrT 1m 4d(9) Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 16- RESOLUTION ACCEPTING THE WORK FOR THE 2015 NED ASHTON PARK STORM SEWER REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2015 Ned Ashton Park Storm Sewer Repair Project, as included in a contract between the City of Iowa City and Lynch's Excavating of West Branch, Iowa, dated September 16"', 2015, be accepted, and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineering office, and WHEREAS, funds for this project are available in the Stormwater account # 777701101 and WHEREAS, the final contract price is $24,065.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of May 20 16 . MAybR Approved by ATTEST: �t�r�✓ 7f_�u✓ CITY � LERK It was moved by Botchway and seconded by adopted, and upon roll call there were: AYES: X X X X X X X Pweng/m asters/a cplwo rk. doc 4.!16 NAYS: l A nrord it City Attorney's Office q h-11IL, Dickens the Resolution be ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Prepared by. Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 16-122 RESOLUTION ACCEPTING THE WORK FOR THE NATURAL GAS MAIN REPLACEMENT, SOUTH WASTEWATER TREATMOENT PLANT WHEREAS, the Engineering Division has recommended that the work for the Natural Gas Main Replacement, South Wastewater Treatment Plant project, as included in a contract between the City of Iowa City and Profile Contracting LLC of Bettendorf, Iowa dated November 10'°, 2015 be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineering office; and WHEREAS, funds for this project are available in the Wastewater account # 72720122; and WHEREAS, the final contract price is $89,812.76 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of May , 20 16 MA R Approved by ATTEST: CITY fRK It was moved by Botchway and seconded by adopted, and upon roll call there were: AYES: PwenglmasterslacIrtwork-doc 4116 NAYS: 4AIC4 4- City Attorney's Office y 7,7 1ILo Dickens ABSENT: the Resolution be Botchway Cole Dickens Mims Taylor Thomas Throgmorton 4d(10) Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO, 16-120 RESOLUTION ACCEPTING THE WORK FOR THE 2015 SEWER REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2015 Sewer Repair Project, as included in a contract between the City of Iowa City and Calacci Construction of Iowa City, Iowa, dated May 20, 2015, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office, and WHEREAS, funds for this project are available in the Annual Sewer Repair account # V3101, and WHEREAS, the final contract price is $147,42722. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Passed and approved this 3rd day of May , 20 16 MAYAR \+ Approved by � 44 LL--� ATTEST: 2 5 Qtz/Gn(A �H�O' 1w- CITY ERK LvAttorneys Office ,A/�I,� It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: % Botchway % Dickens X Dobyns X Hayek _x Mims Payne Throgmorton Pweng/masters/ac ptwork. doc 4/16 mm"TrT 1m 4d(9) Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 16- RESOLUTION ACCEPTING THE WORK FOR THE 2015 NED ASHTON PARK STORM SEWER REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2015 Ned Ashton Park Storm Sewer Repair Project, as included in a contract between the City of Iowa City and Lynch's Excavating of West Branch, Iowa, dated September 16"', 2015, be accepted, and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineering office, and WHEREAS, funds for this project are available in the Stormwater account # 777701101 and WHEREAS, the final contract price is $24,065.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of May 20 16 . MAybR Approved by ATTEST: �t�r�✓ 7f_�u✓ CITY � LERK It was moved by Botchway and seconded by adopted, and upon roll call there were: AYES: X X X X X X X Pweng/m asters/a cplwo rk. doc 4.!16 NAYS: l A nrord it City Attorney's Office q h-11IL, Dickens the Resolution be ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Prepared by. Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 16-122 RESOLUTION ACCEPTING THE WORK FOR THE NATURAL GAS MAIN REPLACEMENT, SOUTH WASTEWATER TREATMOENT PLANT WHEREAS, the Engineering Division has recommended that the work for the Natural Gas Main Replacement, South Wastewater Treatment Plant project, as included in a contract between the City of Iowa City and Profile Contracting LLC of Bettendorf, Iowa dated November 10'°, 2015 be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineering office; and WHEREAS, funds for this project are available in the Wastewater account # 72720122; and WHEREAS, the final contract price is $89,812.76 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of May , 20 16 MA R Approved by ATTEST: CITY fRK It was moved by Botchway and seconded by adopted, and upon roll call there were: AYES: PwenglmasterslacIrtwork-doc 4116 NAYS: 4AIC4 4- City Attorney's Office y 7,7 1ILo Dickens ABSENT: the Resolution be Botchway Cole Dickens Mims Taylor Thomas Throgmorton 4d(10) Prepared by Melissa Clow, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5413 RESOLUTION NO. 16-141 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY GATEWAY TREE CLEARING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa City Gateway Tree Clearing Project, as included in a contract between the City of Iowa City and CAJ Enterprises, Inc. of West Branch, IA, dated March 4, 2016, be accepted, and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Iowa City Gateway Project account # S3809; and WHEREAS, the final contract price is $131,642.44. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 17th day of May , 20 16 MAYOR / ATTEST:�ICLer.+x,c/ CITY tUERK It was moved by sotchway and seconded by adopted, and upon roll call there were: AYES: x x Pwenglmasters/acplwork. doc 5M 6 Approved by ;� ! oItIc City Attorney's Office Mims the Resolution be NAYS: ABSENT: Botchway Cole x Dickens Mims Taylor Thomas Throgmorton 4d(4) 3■�d(8 Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 16-181 RESOLUTION APPROVING THE FINAL CONTRACT PRICE FOR THE 2015 SEWER REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2015 Sewer Repair Project, as included in a contract between the City of Iowa City and Calacci Construction of Iowa City, Iowa, dated May 20, 2015, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Annual Sewer Repair account # V3101, and WHEREAS, this work was accepted by this Resolution No. 16-120 but the final contract price was inaccurately stated therein; and WHEREAS, the final contract price is $142,427,22; and WHEREAS, this resolution is to correct the final contract amount. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The final contract price of $142,427.22 is approved. 2. The retainage held per Iowa Code Chapter 573 shall be released 30 (thirty) days after the original acceptance date of May 3, 2016. Passed and approved this 6th day of .rune 20 16 MAYOR Approved by ATTEST: �lXuic-' u CITY Z1ERK City Attorney's Office Z/yam Resolution No. 16-181 Page 2 It was moved by Botchway and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Dickens Botchway Cole Dickens Mims Taylor Thomas Throgmorton the m7rn"Tr' 2d(2) Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 16-209 RESOLUTION ACCEPTING THE WORK FOR THE 2016 FOREST GLEN STORM SEWER REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2016 Forest Glen Storm Sewer Repair Project, as included in a contract between the City of Iowa City and Bockenstedt Excavating of Iowa City, Iowa, dated April 21 st, 2016, be accepted, and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineering office; and WHEREAS, funds for this project are available in the Stormwater account # 77770110; and WHEREAS, the final contract price is $45,481.70 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 5th day of July , 20 16 M OR Approved by ATTEST: %/_ J 7i - -eatd CIT LERK City Attorney's Office�,/;-,/y, It was moved by Dickens adopted, and upon roll call there were: AYES: X X X X X X Pweng/masters/acphvork. doc 6116 and seconded by NAYS Cole ABSENT: the Resolution be X Botchway _ Cole _ Dickens _ Mims _ Taylor _ Thomas Throgmorton 08-16-16 2d(4) Prepared by. Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 16-243 RESOLUTION ACCEPTING THE WORK FOR THE 2015 SUMMER SIDEWALK REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2015 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and JDM Concrete of Kalona, Iowa, dated July 22, 2015, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the Sidewalk Inspection account # 22710220, and WHEREAS, the final contract price is $63,801.28. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 16th day of August 2016. M OR Approved' by ATTEST: 1�ill tcf►.°J 7Ccl. c �%�� /�Zi° ��s�t�� 9i/L L}�e CITY -CLERK City Attorney's Office It was moved by sotchway and seconded by adopted, and upon roll call there were: AYES: x x Pwenglmasterslacptwork. doc 8/15 Thomas the Resolution be NAYS' ABSENT; Botchway Cole Dickens Mims Taylor Thomas Throgmorton Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5140 RESOLUTION NO. 1 6-244 RESOLUTION ACCEPTING THE WORK FOR THE FIBER INFRASTRUCTURE - IOWA CITY SOUTH PART 1 - DUCT INSTALLATION PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Fiber Infrastructure - Iowa City South Part 1 - Duct Installation Project, as included in a contract between the City of Iowa City and Slabach Construction Company, Inc. of Kalona, Iowa, dated June 23, 2015, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the S. Wastewater Fiber Repair/Redundant Path account # 14722; and WHEREAS, the final contract price is $91,128.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 16th day of August , 2016. MOOR Approved by ATTEST: CITY ERK City Attorney's Office �/ J It was moved by sotchway and seconded by 'Thomas the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton Pweng/m asto rslac pMo rk.doc W15 _ nml" 3d(5) sma� Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 16-276 RESOLUTION ACCEPTING THE WORK FOR THE COURT HILL PARK SIDEWALK INFILL PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Court Hill Park Sidewalk Infill Project, as included in a contract between the City of Iowa City and Calacci Construction Co., Inc. of Iowa City, Iowa, dated September 3, 2014, be accepted, and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the 2014 Intra-City Bike Trails account # R4206 and the Sidewalk Infill Program account # S3828, and WHEREAS, the final contract price is $153,898.24. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 20th day of September .20 16 M OR Approved by i ATTEST. %tares �/r Ui% �1 .ri�� '�G7pi CITY CLERK City Attorney's Office '�112 11Lr It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES x Pwen g/ma ster/acptwork. doc 9/r 6 NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 16-286 RESOLUTION ACCEPTING THE WORK FOR THE 2016 Drain Tile Project WHEREAS, the Engineering Division has recommended that the work for construction of the 2016 Drain Tile Project, as included in a contract between the City of Iowa City and Petra Excavating Inc. Wayland, Iowa, dated October 6, 2016, be accepted, and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineering office; and WHEREAS, funds for this project are available in the Stormwater account # 77770110; and WHEREAS, the final contract price is $72,175.81 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 18th day of MOOR ATTEST: e, CITY CLERK October ,20 16 Approved by �rCityAttorney's Office It was moved by Botchway and seconded by Mims the Resolution be adopted, and upon roll call there were. AYES: X X X x X x X Pweng/masterslacptwork. doc 10116 ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 4d(2) 4d(3) �e Prepared by; Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5140 RESOLUTION NO. 16-287 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY FIBER INFRASTRUCTURE SOUTH PART 2 FIBER CABLE INSTALLATION PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa City Fiber Infrastructure South Part 2 Fiber Cable Installation Project, as included in a contract between the City of Iowa City and Advanced Electric, Inc. of Iowa City, Iowa, dated September 24, 2015, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the S Wastewater Fiber Repair/Redundant Path account # 14722 and WHEREAS, the final contract price is $38,750.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 18th day of Oct ATTEST: u J x - e,4_ i/ CITY CLERK MA R IV Approved by 2016. A6 /dim Yd�.�L zEn City Attorney's Office Y�13'Ily It was moved by Eotchway and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES x Pwe n g/masters/acptwork. doc 10M 6 NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton mTrTrfrw 4d(4) Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5082 RESOLUTION NO. 16-288 RESOLUTION ACCEPTING THE WORK FOR THE ROBERT A LEE RECREATION CENTER BOILER REPLACEMENT PROJECT 2015 WHEREAS, the Engineering Division has recommended that the work for construction of the Robert A Lee Recreation Center Boiler Replacement Project 2015, as included in a contract between the City of Iowa City and Pipe Pro Inc„ of Cedar Rapids, Iowa, dated December 15, 2015, be accepted, and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Rec Center Annual Improvements account # R4330; and WHEREAS, the final contract price is $220,300.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 18" day of October 2016. MAKOR �— Approved by ATTEST. Y V(au� CITY CLERK It was moved by Botchway and seconded by adopted, and upon roll call there were: Pwen g/rrasters/acptwo rk. do c 10/16 City Attorney's Office Mims the Resolution be NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 16-335 RESOLUTION ACCEPTING THE WORK FOR THE 2016 RALSTON CREEK IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2016 Ralston Creek Improvements Project, as included in a contract between the City of Iowa City and CAJ Enterprises Inc. (d/b/a/ Chris Jones Trucking) of West Branch, Iowa, dated August 30th 2016, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Annual Storm Water Improvements account # M3631:and WHEREAS, the final contract price is $112,044.47. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of December , 20 16 M OR Approved by ATTEST: �1< ��tCftw%�ue� rQtG/1�7y?e, i CITY gERK City Attorney's Office If/21�fv It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: hM Pweng/m asterslacptvo rk. doc 11/16 NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Prepared by: Scott Sovers, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142 RESOLUTION NO. 17-48 RESOLUTION ACCEPTING THE WORK FOR THE REPLACEMENT OF VARIABLE FREQUENCY DRIVES — ROCHESTER GSR PUMP STATION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Replacement of Variable Frequency Drives — Rochester GSR Pump Station Project, as included in a contract between the City of Iowa City and Esco Electric Company, Inc. of Cedar Rapids, IA, dated July 22nd 2016, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Ground Storage Reservoir account #W3213; and WHEREAS, the final contract price is $79,360. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of_ February 20 17 ATTEST: DEPUTY CIV CLERK It was moved by Mims adopted, and upon roll call there were: AYES x Pweng/mastemlacptwork.doc 2/17 � �.�Z� M4YOR l/ Approved by �CityAttorney'sOffice 7 / �9// and seconded by Botchwa the Resolution be NAYS: ABSENT: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Prepared by: Scott Sovers, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142 Resolution No. 17-190 Resolution accepting the work for the Sycamore Street Pavement Marking Project — City Limits to U.S. Highway 6 Whereas, the Engineering Division has recommended that the work for construction of the Sycamore Street Pavement Marking Project (City Limits to U.S. Highway 6), as included in a contract between the City of Iowa City and Advanced Traffic Control Inc. of Cedar Rapids, Iowa, dated October 12, 2016, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Annual Complete Street Improvements account #S3827; and Whereas, the final contract price is $40,170,00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of June 2017. M or Approved by l ATTE = zL Qr�{caQ nn J�2n✓i " eputy City Cler ) City Attorney's Office %3d / i It was moved by Botchway and seconded by adopted, and upon roll call there were: Ayes: Nays: x x x x x x Pwenglmasterslacpmork doc 5l17 Dickens the Resolution be Absent: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 Resolution No. 17-207 Resolution accepting the work for the 2016 Sidewalk Infill Project Project Whereas, the Engineering Division has recommended that the work for construction of the 2016 Sidewalk Infill Project, as included in a contract between the City of Iowa City and Bushman Excavating, Inc. of Fairfax, Iowa, dated August 31, 2016, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Sidewalk Infill Program account # S3828; and Whereas, the final contract price is $83,299.19. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 20th day of June 2017 May r Attes City Clerk/ / Approved by City Attorney's Office It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Botchway X Cole X Dickens X Mims X Taylor x Thomas X Throgmorton Prepared by, Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 17-232 Resolution accepting the work for the 2017 Clearing and Grubbing Project WHEREAS, the Engineering Division has recommended that the work for construction of the 2017 Clearing and Grubbing Project, as included in a contract between the City of Iowa City and Delong Construction, Inc. of Washington, IA, dated March 16, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineers office; and Whereas, funds for this project are available in account #'s M3631 Annual Stormwater Improvements, 10530200 Park Maintenance Operations, L3322 Hi Road Improvements, and S3809 Iowa City Gateway Project (Dubuque Street); and Whereas, the final contract price is $47,399.30. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 18th day of July 2017 Ma or Approved by Attest: oy,r� A�e a Ci rk ICityAttorney'sOffice 119117 It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton Prepared by: Dave Panos, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 Resolution No. 17-251 Resolution accepting the work for the Iowa Highway 1 / US Highway 218 Traffic Signal Pole Replacement Project. Whereas, the Engineering Division has recommended that the work for construction of the Iowa Highway 1 / US Highway 218 traffic Signal Pole Replacement Project as included in a contract between the City of Iowa City and Advanced Electrical Services, Inc. of Iowa City, Iowa dated September 8, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office, and Whereas, funds for this project are available in the Loss Reserve fund account # 82310613; and Whereas, the final contract price is $26,700.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 1st day of August �2017.� MA�or / Approved by Atte xy L City Clerk City Attorney's Office -7! It was moved by Taylor and seconded by sotchway the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Botchway X Cole x Dickens x Mims x Taylor X Thomas % Throgmorton Pwe ng/masters/a c Ptwc rk. doc 7/17 Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 17-267 Resolution accepting the work for the City Hall Landscaping Project WHEREAS, the Engineering Division has recommended that the work for construction of the City Hall Landscaping Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, IA, dated June 15, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the City Hall General Projects account # G4704; and Whereas, the final contract price is $31,579.47. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 15th day of August 2017 May r Approved by City C� City Att�OMS75- �7 It was moved by Botchway and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Botchway X Cole x Dickens X Mims X Taylor X Thomas X Throgmorton '2,,-t F s� Prepared by: Dave Panes, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 Resolution No. 17-282 Resolution accepting the work for the Mercer Park Tennis/Pickleball Court Improvements Project WHEREAS, the Engineering Division has recommended that the work for construction of the Mercer Park Tennis/Pickleball Court Improvements Project, as included in a contract between the City of Iowa City and Tricon General Construction of Cedar Rapids, Iowa, dated March 15, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Tennis Ct/Pickle Ball Ct Resurface account # R4337 and Park Annual Improvement #R4130; and Whereas, the final contract price is $135,278.52. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 5th day of September % 2017 Ma r Approved by Attes �Glilrli v 4i8erk City Attorney's Office ?1291 7 It was moved by Mims and seconded by 'Taylor the Resolution be adopted, and upon roll call there were: Ayes: x x x Nays: Absent: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Prepared by: Jason Reichart, Public Works, 410 E Washington St., Iowa City, IA 52240, (319)356.5416 Resolution No. 17-283 Resolution accepting the work for the Scott Park Gabion Basket Repair Project. Whereas, the Engineering Division has recommended that the work for construction of the Scott Park Gabion Basket Repair Project, as included in a contract between the City of Iowa City and CAJ Enterprises, of West Branch, Iowa, dated April 26, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Stormwater — 2014 Flood account #M3628; and Whereas, the final contract price is $22,931.37. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 5th day of Septembers , 2017. v �� Moor Ir Approved by Atte t: c-c-G i f Lm City C rk Ctty Attorney's Office It was moved by Mims and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton Pweng/masters/acptwork.doc 8/17 Prepared by: Jason Reicharl, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5416 Resolution No. 17-284 Resolution accepting the work for the Iowa River Trail Handrail Repair Project. Whereas, the Engineering Division has recommended that the work for construction of the Iowa River Trail Handrail Repair Project, as included in a contract between the City of Iowa City and CAJ Enterprises, of West Branch, Iowa, dated May 25, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Parks — 2014 Flood account #R4173; and Whereas, the final contract price is $17,630.74. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 5th day of September / , 2017. Mayor Approved by Atte t �,6 i-c Ay,Ih City G rk City Attorney's Office z g Jj 7 It was moved by Mims and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Botchway x Cole x Dickens x Mims x Taylor X Thomas x Throgmorton Pwenglmasterslacptwork.doc ar17 ?:'- i Ur) Prepared by: Scott Sovers, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142 Resolution No. 17-298 Resolution accepting the work for the Kiwanis Park Storm Sewer Improvements Project Whereas, the Engineering Division has recommended that the work for construction of the Kiwanis Park Storm Sewer Improvements Project, as included in a contract between the City of Iowa City and Lynch Excavating Inc. of West Branch, IA, dated March 13, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Annual Storm Water Improvements account #M3631; and Whereas, the final contract price is $20,848.50. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 19th day of September , 2017 ""� z1--� Ma or Approved by ATTEST ' cx amity Clerk It was moved by Botchway and seconded by adopted, and upon roll call there were: Ayes: Nays: X X X X X X X Pwe n g/m asters/acptwork.doc 9117 ja,t, 4c-�fpa-, City Attorney's Office Dickens Absent: the Resolution be Botchway Cole Dickens Mims Taylor Thomas Throgmorton Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 Resolution No. 17-299 Resolution accepting the work for the 2016 Summer Sidewalk Repair Project WHEREAS, the Engineering Division has recommended that the work for construction of the 2016 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa, dated July 8, 2016, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Sidewalk Inspection account # 22710220; and Whereas, the final contract price is $64,800.14. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 19th day of September 2017 Yor ' Approved by Attes 4CiCIeZrk CityAttorney's Office 9 /12,h7 It was moved by Botchway and seconded by Dickens adopted, and upon roll call there were: Ayes: Nays: x x Absent: the Resolution be Botchway Cole Dickens Mims Taylor Thomas Throgmorton f Prepared by: Scott Sovers, Public Works, 410 E_ Washington St., Iowa City, IA 52240 (319)356-5142 Resolution No. 17-300 Resolution authorizing the extension of the contract for the annual Pavement Repair Project Whereas, a request for unit prices related to annual pavement repairs (November 1, 2016 - October 31, 2017) associated with water main breaks was bid as an informal project in October 2016; and Whereas, two bids were received for the project; and Whereas, All American Concrete, Inc. of West Liberty, Iowa submitted the lowest responsible bid for construction of the above named project; and Whereas, in the previous three years, the cost of pavement repairs for water main breaks has averaged $102,000 per year; and Whereas, due to an increased number and size of repairs, the contract amount is anticipated to exceed $150,000; and Whereas, the current purchasing policy requires expenditures exceeding $150,000 to be authorized by the City Council; and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City Manager hereby has authority to enter into a contract for the 2016-2017 Pavement Repair Project with All American Concrete in an amount in excess of $150,000 but less than $225,000. Passed and approved this 19th day of September 2017 M yor Approved by Attest' Ci Clerk City Attorney's Office .7 ff 2- 7 It was moved by Botchway and seconded by Dickens the Resolution be adopted, and upon roll call there were Ayes: X X X X X X X Nays: Absent: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Prepared by: Scott Sovers, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142 Resolution No. 17-312 Resolution accepting the work for the First Ave (US Highway 6 to Mall Drive) Four Lane to Three Lane Conversion Project Whereas, the Engineering Division has recommended that the work for construction of the Firsl Ave (US Highway 6 to Mall Drive) Four Lane to Three Lane Conversion Project, as included in a contract between the City of Iowa City and Quality Striping Inc. of Des Moines, IA, dated April 27, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the First Avenue Three Lane Conversion account #S3937; and Whereas, the final contract price is $21,916.04. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, That said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of October 2017. Mayor ATTE ee e E e� City Clerk Approved by %, ., .y—s�pyClc" CrtyAttorneysOffice It was moved by sotchway and seconded by Thomas adopted, and upon roll call there were: the Resolution be Ayes: Nays x x x x x — x x Pwe n 9/ma ste rsla cptwo rk. d oc 9117 Absent: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Prepared by: Dave Panes, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 Resolution No. 17-313 Resolution accepting the work for the HMA Crack Sealing Project 2017 WHEREAS, the Engineering Division has recommended that the work for construction of the HMA Crack Sealing Project 2017, as included in a contract between the City of Iowa City and Illowa Investment Inc. of Blue Grass, Iowa, dated July 28, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Pavement Rehabilitation Fund account # S3824; and Whereas, the final contract price is $58,077.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of October 2017 Ma or Approved by Att st' City Clerk City Attorney's Office9��, It was moved by Botchway and seconded by adopted, and upon roll call there were: Ayes: Nays: x x x x x x x Thomas the Resolution be Absent: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-6145 Resolution No. 17-326 Resolution accepting the work for the Ashton House Site Improvements REAP Grant 2016 Project Whereas, the Engineering Division has recommended that the work for construction of the Ashton House Site Improvements REAP Grant 2016 Project, as included in a contract between the City of Iowa City and Carew Landscaping, of Iowa City, Iowa, dated April 4, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Ashton House Patio Improvements account # R4193; and Whereas, the final contract price is $136,097.25. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 17th day of October / 2017 MayOr % J Approved by Attu rT 0 Ci Clerk U City Attorneys Office It was moved by Botchway and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Botchway x Cole x Dickens x Mims x Taylor x Thomas x Throgmorton 'AC-i (_t-r) Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 Resolution No. 17-337 Resolution accepting the work for the CDBG Curb Ramp Project 2016 Whereas, the Engineering Division has recommended that the work for construction of the CDBG Curb Ramp Project 2016, as included in a contract between the City of Iowa City and Calacci Construction Company, Inc. of Iowa City, Iowa, dated June 15, 2016, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Curb Ramps-ADA account # S3822; and Whereas, the final contract price is $94,154.20. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of November 2017 Ma r Attes Cify Clerk Approved by �� o� E6L,e,.- fCity Attorneys Office 1,f-3r't7 It was moved by Botchwav and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes: x x x Nays: Absent: Botchway Cole x Dickens _ Mims Taylor Thomas Throgmorton v ^' Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 18-5 Resolution accepting the work for the Fire Station #3 Kitchen Remodel Project Whereas, the Engineering Division has recommended that the work for construction of the Fire Station #3 Kitchen Remodel Project, as included in a contract between the City of Iowa City and TD Builders, LLC. of Swisher, IA, dated November 9, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in account # Y4432; and Whereas, the final contract price is $38,281.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 2nd day of January 2018 "-", Z� Ma r Approved �by Cify Clerk / 'City Attorney's Office 17./a;07 It was moved by sotchway and seconded by 'Taylor the Resolution be adopted, and upon roll call there were: Ayes x Nays: Absent: Botchway Cole Mims Salih Taylor Thomas Throgmorton Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 18-6 Resolution accepting the work for the South Gilbert Street Trail Connection WHEREAS, the Engineering Division has recommended that the work for construction of the South Gilbert Street Trail Connection, as included in a contract between the City of Iowa City and CAJ Enterprises of West Branch, IA, dated July 25, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Intra-City Bike Trails account # R4206; and Whereas, the final contract price is $93,267.59. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 2nd day of January 2018 M or 1 Approved by/ Attest:��P �Jcc �Yu,tot�rlf�y¢. City Clerk City Attorney's Office It was moved by sotchway and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes x x Nays: Absent: Botchway Cole Mims Salih Taylor Thomas Throgmorton J Prepared by: Scott Sovers, Sr. Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 Resolution No. 18-44 Resolution accepting the work for the Bloomington GSR Booster Pump VFD Replacement Project Whereas, the Engineering Division has recommended that the work for construction of the Bloomington GSR Booster Pump VFD Replacement Project, as included in a contract between the City of Iowa City and ESCO Electric of Marion, IA, dated June 6`h, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Ground Storage Reservoir VFD Upgrades account #W3213; and Whereas, the final contract price is $119,450.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 20th day of February 2018 L, Ma r Approved by Attest• ec P� e 13 —1 City Clerk City Attorney's Office It was moved by Botchway and seconded by Salih the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Botchway Cole Mims Salih Taylor Thomas Throgmorton Prepared by: Trent Hansen, Information Technology Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5433 Resolution No. 18-82 Resolution accepting the work for the Fiber Infrastructure at the Iowa City Landfill and Recycling Center Project Whereas, the Engineering Division has recommended that the work for construction of the Fiber Infrastructure at the Iowa City Landfill and Recycling Center Project, as included in a contract between the City of Iowa City and Advanced Electrical Services, Inc. of Iowa City, Iowa, dated May 16, 2016, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Landfill Surveillance Cameras account #L3326; and Whereas, the final contract price is $56,000. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this end day of April 2018 Attest et_ "wC/. Ci Clerk It was moved by _ adopted, and upon Salih roll call there were: Ayes: Ma r A proved by City Attorney's Office and seconded by Thomas Nays: Absent: x Botchway the Resolution be Cole Mims Salih Taylor Thomas Throgmorton Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 62240 (319) 356-5149 Resolution No. 18-191 Resolution accepting the work for the 2017 Oakcrest Street Sidewalk Infill Project Whereas, the Engineering Division has recommended that the work for construction of the 2017 Oakcrest Street Sidewalk Infill Project, as included in a contract between the City of Iowa City and Sulzco, LLC of Muscatine, Iowa dated June 30, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Sidewalk Infill Program account # S3828; and Whereas, the final contract price is $36,915.20. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of July 2018 Ma or Approved by Attest / e (.<<; I /fit City Clerk City Attorney's Office It was moved by Mims and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes x Nays: Absent: Botchway Cole Mims x Salih Taylor Thomas Throgmorton Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 Resolution No. 17-313 Resolution accepting the work for the HMA Crack Sealing Project 2017 WHEREAS, the Engineering Division has recommended that the work for construction of the HMA Crack Sealing Project 2017, as included in a contract between the City of Iowa City and Illowa Investment Inc. of Blue Grass, Iowa, dated July 28, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Pavement Rehabilitation Fund account # S3824; and Whereas, the final contract price is $58,077.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of October 2017 Ma or Approved by Att sY dy Clerk City Attorneys Office g7Z-5117 It was moved by sotchway and seconded by adopted, and upon roll call there were: Nays: Thomas the Resolution be Absent: Botchway Cole Dickens Mims Taylor Thomas Throgmorton �1 f Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 Resolution No. 17-326 Resolution accepting the work for the Ashton House Site Improvements REAP Grant 2016 Project Whereas, the Engineering Division has recommended that the work for construction of the Ashton House Site Improvements REAP Grant 2016 Project, as included in a contract between the City of Iowa City and Carew Landscaping, of Iowa City, Iowa, dated April 4, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Ashton House Patio Improvements account # R4193; and Whereas, the final contract price is $136,097.25. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 17 th day of October 2017 MaY6r Attu c G c L e CAy Clerk Approved by City Attorney's Office It was moved by Botchway and seconded by Thomas adopted, and upon roll call there were: Ayes: Nays: x x x x x x x Absent: the Resolution be Botchway Cole Dickens Mims Taylor Thomas Throgmorton Prepared by: Scott Sovers, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142 Resolution No. 17-312 Resolution accepting the work for the First Ave (US Highway 6 to Mall Drive) Four Lane to Three Lane Conversion Project Whereas, the Engineering Division has recommended that the work for construction of the First Ave (US Highway 6 to Mall Drive) Four Lane to Three Lane Conversion Project, as included in a contract between the City of Iowa City and Quality Striping Inc. of Des Moines, IA, dated April 27, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the First Avenue Three Lane Conversion account #S3937: and Whereas, the final contract price is $21,916.04. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, That said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of October 2017. Ma or Approved by ATTE PAC-f eJi_u %��h n v�'/pL�lc City Clerk City Attorneys OfficeIi7 It was moved by Botchway and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Botchway X Cole X x Dickens x Mims x Taylor X Thomas Throgmorton Pweng/masters/acptwo rk.d oc 9/17 6.� Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 18-299 Resolution accepting the work for the Water Park Trail Connection Project. Whereas, the Engineering Division has recommended that the work for construction of the Water Park Trail Connection, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, IA, dated May 14, 2018, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Water Division's Operations budget, account # 73730120;and Whereas, the final contract price is $59,018.63. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of Novembers , 2018. M or Attest: cli Ci Clerk A roved by /) J �0 City Attorney's Office It was moved by saiih and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: �7 Nays: Absent: Cole Dickens Mims Taylor Teague Thomas Throgmorton Prepared by: Dave Panos, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 Resolution No. 18-330 Resolution accepting the work for the Camp Cardinal Boulevard and Lower West Branch Road Landscape Improvements Project Whereas, the Engineering Division has recommended that the work for construction of the Camp Cardinal Boulevard and Lower West Branch Road Landscape Improvements Project as included in a contract between the City of Iowa City and Suburban Landscape, LLC of North Liberty, Iowa, dated May 24, 2018, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Carbon Emissions Reduction Project account # E4520; and Whereas, the final contract price is $ 56,985.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this _ nth day of becember , 2018 Z4� Ma r If Attest: City Clerk It was moved by Salih and seconded by adopted, and upon roll call there were: Ayes: Nays: Approved by City Attorney's Office Teague Absent: the Resolution be Cole Mims Salih Taylor Teague Thomas Throgmorton 5,b Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 18-329 Resolution accepting the work for the 2017 Dover Street Drainage Channel Restoration Project Whereas, the Engineering Division has recommended that the work for construction of the 2017 Dover Street Drainage Channel Restoration Project, as included in a contract between the City of Iowa City and All American Concrete Inc. of West Liberty, IA, dated May 1, 2017, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Annual Storm Water Improvements fund, account # M3631; and Whereas, the final contract price is $57,148.80. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 4th day of December 4= Mayor Attest: Cit Clerk 2018 roved by City Attorney's Office It was moved by Saiih and seconded by Teague the Resolution be adopted, and upon roll call there were: Nays: Absent: Cole Dickens Mims Taylor Teague Thomas Throgmorton Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St„ Iowa City, IA 52240 (319) 356-5044 Resolution No. 19-3 Resolution accepting the work for the Market Street and Union Place Curb Ramp and Storm Sewer Improvements. Whereas, the Engineering Division has recommended that the work for construction of the Market Street and Union Place Curb Ramp and Storm Sewer Improvements, as included in a contract between the City of Iowa City and Bockenstedt Excavating of Iowa City, Iowa, dated July 2, 2018, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in account #s M3631 and S3822; and Whereas, the final contract price is $43,239.70. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 8th day of January M or Attest: L- City Clerk 2019 Approved by 2 i671 City Attorney's Office It was moved by Salih and seconded by Mims the Resolution be adopted, and upon roll call there were: Ayes: X X X Nays: Absent: Cole Mims Salih Teague Taylor Thomas Throgmorton 6,'` Prepared by Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 Resolution No. 19-1.2 Resolution accepting the work for the Prairie du Chien Check Valve Vault Project Whereas, the Engineering Division has recommended that the work for construction of the Prairie du Chien Check Valve Vault Project, as included in a contract between the City of Iowa City and Carter and Associates, Inc. of Coralville, Iowa, dated February 15, 2019, be accepted, and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Water Distribution Pressure Zone Improvements account # W3301; and Whereas, the final contract price is $54,633.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of_ May , 2019 M or Approved by City Attorney's Office S (Ito I t It was moved by Cole and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 19-154 Resolution accepting the work for the Villa Park and Highland Park CDBG Improvements Project. Whereas, the Engineering Division has recommended that the work for construction of the Villa Park and Highland Park CDBG Improvements Project, as included in a contract between the City of Iowa City and Carter and Associates, Inc. of Coralville, Iowa, dated August 28, 2018, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in account # R4361; and Whereas, the final contract price is $66,707.42. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 18th day of June / , 2019 Ma or Attest: City Jerk ' Approved by City Attorney's Office It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton Prepared by David Powers, Neighborhood & Development Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5233 Resolution No. 19-178 Resolution accepting the work for the Flood Plain Demolition Project Whereas, the Engineering Division has recommended that the work for construction of the Flood Plain Demolition Project, as included in a contract between the City of Iowa City and CAJ Enterprises of West Branch, Iowa, dated January 30, 2019, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the emergency fund account # 10310712; and Whereas, the final contract price is $33,060.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 16th day of _ July , 2019 Attest:. City Clerk Z� - M*or p�rov City Attorney's Office It was moved by Mims and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: x x Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton �f f Prepared by: Joe Welter, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 19-183 Resolution accepting the work for the street, storm sewer, and water main public improvements for Breckenridge Apartments, 707 S Dubuque Street, Riverfront Crossings Development located on Lots 1 and 2, Block 17, County Seat Addition, and declaring public improvements open for public access and use. Whereas, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: street, storm sewer, and water main improvements for the Breckenridge Apartments, 707 South Dubuque Street, as constructed by Dave Schmitt Construction Company, Inc. of Cedar Rapids, Iowa.; and Whereas, the maintenance bonds have been filed in the City Clerk's office; and Whereas, the City of Iowa City has notified the contractor listed previously of the date on which it will consider acceptance of the aforementioned public improvements. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: Said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public use. Passed and approved this 16th day of July P019 4� Mdyor Approved b,r� Attest: �' � � Y� ),, t lr City Attorney's Office It was moved by trims and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton Prepared by: Josh Slattery, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 Resolution No. 19-200 Resolution accepting the work for the sanitary sewer, water main, improvements for 101 Lusk Avenue, and declarina public improvements open for public access and use Whereas, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications approved by the Engineering Division. Sanitary sewer and water main improvements for 101 Lusk Avenue Sanitary, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Whereas, the maintenance bonds have been filed in the City Clerk's office; and Whereas, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 6th day of August , 2019 Ma or Attest: City Clerk roved by '7-2�i-1� City Attorneys Office It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: M Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton &�,C Prepared by: Brett Zimmerman, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 19-206 Resolution accepting the work for the Park Accessibility Improvements Project 2018. Whereas, the Engineering Division has recommended that the work for construction of the Park Accessibility Improvements Project 2018, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, Iowa, dated August 29, 2018, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in account # R4132; and Whereas, the final contract price is $70,888.07. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of August2019 ` �- M yor J A roved Attest: 41��,17 � 2� , City Clerk City Attorney's Office It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: h x Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton (,,5 Prepared by: Joe Welter, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 19-207 Resolution accepting the work for the Landfill Cell FY18 — 2019 Repairs Project. Whereas, the Engineering Division has recommended that the work for the Landfill Cell FY18 — 2019 Repairs Project., as included in a contract between the City of Iowa City and Connolly Construction, Inc. of Peosta, Iowa, dated May 15, 2019, be accepted; and Whereas, the maintenance bond has been filed; and Whereas, the Engineer's Report has been filed in the City Engineer's Office; and Whereas, the City of Iowa City has notified the contractor listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and Whereas, funds for this project are available in Landfill Operations, 75750121; and Whereas, the final contract price is $65,486.02. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of August 2019 M or p r?ved b Attest : J 7-2 q_ J j City Jerk City Attorney's Office It was moved by core and se nded by Teague the Resolution be adopted, and upon roll call there were: Ayes: ti Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Prepared by: Jason Reichart, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5416 Resolution No. 19-208 Resolution accepting the work for the Curb Ramp 2018 Project Whereas, the Engineering Division has recommended that the work for construction of the Curb Ramp 2018 Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa dated January 9, 2019 be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Curb Ramps - ADA account # S3822; and Whereas, the final contract price is $100,017.24. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of August , 2019 Mi6or Approved by iP Attest: City Clerk City Attorney's Office It was moved by Cole and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 Resolution No. 19-221 Resolution accepting the work for the 2018 Summer Sidewalk Repair Project Whereas, the Engineering Division has recommended that the work for construction of the 2018 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and Ziegenhorn Construction of Muscatine, Iowa, dated July 17, 2018, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in account # 22710220; and Whereas, the final contract price is $69,377.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 20th day of August/ , 2019 4 Moor Attest: City Jerk It was moved by Cole and seconded by adopted, and upon roll call there were: Ayes: Nays: �A'prov�ed b. City Attorney's Office / Salih Absent: the Resolution be Cole Mims Salih Taylor Teague Thomas Throgmorton 6,J- Prepared by: Ben Clark, Senior Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 19-228 Resolution accepting the work for the Peterson Street Stormwater Pipe Repair Project Whereas, the Engineering Division has recommended that the work for construction of the Peterson Street Stormwater Pipe Repair Project, as included in a contract between the City of Iowa City and CAJ Enterprises, Inc. of West Branch, Iowa, dated June 17, 2019, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Annual Storm Water Improvements account # M3631; and Whereas, the final contract price is $42,793.13 Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3ra day of September 2019 Maor Approved by Attest: City Clerk City Attorney's Office It was moved by Salih and seconded by trims adopted, and upon roll call there were: Ayes. Nays: Absent: the Resolution be x Cole Mims Salih Taylor Teague Thomas Throgmorton �,j Prepared by; Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5140 Resolution No. 19-256 Resolution accepting the work for the Robert A Lee Recreation Center BAS Project 2018. WHEREAS, the Engineering Division has recommended that the work for construction of the Robert A. Lee Recreation Center BAS Project 2018 as included in a contract between the City of Iowa City and Baker Mechanical Inc. of Ankeny, Iowa, dated March 20, 2018, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in account # R4332; and Whereas, the final contract price is $91,330.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 15 th day of Attest: City Jerk October Ma or It was moved by Salih and seconded by adopted, and upon roll call there were: Ayes: Nays: 2019 Approved b �L) City Attorney's Office Cole Absent: the Resolution be Cole Mims Salih Taylor Teague Thomas Throgmorton 1 ,� Prepared by: Ben Clark, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356.5436 Resolution No. 19-264 Resolution accepting the Work for the Iowa City Equipment Shop 2019 Roof Improvements Project Whereas, the Engineering Division has recommended that the work for construction of the Iowa City Equipment Shop 2019 Roof Improvements Project, as included in a contract between the City of Iowa City and Stanley Roofing LLC of Vinton, Iowa, dated June 25, 2019, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Equipment Shop Roof Replacement account #P3984; and Whereas, the final contract price is $48,875.00 Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 4th day of November 2019 Maybr Attest: City Jerk It was moved by Salih and seconded by adopted, and upon roll call there were: Ayes: Nays: Approved by City Attorneys Office Cole Absent: the Resolution be Cole Mims Salih Taylor Teague Thomas Throgmorton -a 0 Prepared by: Ben Clark, Senior Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 19-265 Resolution accepting the work for the Hickory Hill Park Forest Management Project Whereas, the Engineering Division has recommended that the work for construction of the Hickory Hill Park Forest Management Project, as included in a contract between the City of Iowa City and Sustainable Landscape Solutions of Riverside, Iowa, dated November 8, 2018, be accepted; and Whereas, the Engineer's Report has been filed in the City Clerk's office; and Whereas, funds for this project are available in the Hickory Hill Trail Redesign and Development account #R4224; and Whereas, the final contract price is $50,012.40. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 4th day of November , 2019 Ma or } Attest: Cit Clerk Approved by O,e�20�--• -2,S 4 City Attorney's Office It was moved by salih and seconded by Cole the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Cole Mims Salih Taylor Teague Thomas Throgmorton 718 Prepared by: Joe Wetter, Public Works, 410 East Washington Street, Iowa City, IA 52240 (319) 3565144 Resolution No. 19-271 Resolution accepting the work for the 2018 Sanitary Sewer Rehabilitation Construction Project Whereas, the Engineering Division has recommended that the work for construction of the 2018 Annual Sanitary Sewer Rehabilitation (Repair) Construction Project, as included in a contract between the City of Iowa City and Lynch's Excavating, Inc. of West Branch, Iowa, dated November 2, 2018, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Annual Sewer Main Replacement, Account Number, V3101; and Whereas, the final contract price is $264,271.70. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 19 th day of November , 2019 M dyor Attest: City Clerk AAproved City Attorneys Office It was moved by trims and seconded by adopted, and upon roll call there were: Ayes: Nays: Salih Absent: the Resolution be Cole Mims Salih Taylor Teague Thomas Throgmorton � ,,J Prepared by: Ben Clark, Senior Civil Engineer, 410 E. Washington St., Iowa City, A 52240 (319) 356-5436 Resolution No. 20-4 Resolution accepting the work for the Miller Avenue Sidewalk and Retaining Wall Project Whereas, the Engineering Division has recommended that the work for construction of the Miller Avenue Sidewalk and Retaining Wall Project, as included in a contract between the City of Iowa City and Triple B Construction Corp of Wilton, Iowa, dated March 12, 2019, be accepted; and Whereas, the Engineer's Report has been filed in the City Clerk's office; and Whereas, funds for this project are available in the Sidewalk Infill account #S3828; and Whereas, the final contract price is $104,881.08 Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 7th day of .Tan„nry 2020. Attest: It was moved by Mims adopted, and upon roll call there were: Ayes: May � and seconded by Nays: Approved by a4-e-)G- r ;1 -3 0 -1 g City Attorney's Office Salih Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be Prepared by: Ben Clark, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 20-5 Resolution accepting the work for the 2019 Drain Tile Project Whereas, the Engineering Division has recommended that the work for construction of the 2019 Drain Tile Project, as included in a contract between the City of Iowa City and Calacci Construction Company, Inc, of Iowa City, Iowa, dated August 16, 2019, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Annual Storm Water Improvements account # M3631; and Whereas, the final contract price is $104,832.06. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 7th day of January 2020 'T�� / M r Approved by Attest: City Jerk City Attorney's Office It was moved by Mims and seconded by adopted, and upon roll call there were: Ayes: Nays: Salih Absent: x Bergus x Mims x Salih x Taylor x Teague x Thomas x Weiner the Resolution be M1 Prepared by. Scott Sovers, Asst. City Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356fi142 Resolution No. 20-3 Resolution approving a contract for the Annual Pavement Repairs 2019 Project Whereas, a request for unit prices related to annual pavement repairs (November 1, 2018 - October 31, 2019) associated with water main breaks was bid as an informal project (by competitive quotation) in October 2018; and Whereas, two bids were received for the project; and Whereas, All American Concrete, Inc. of West Liberty, Iowa submitted the lowest responsible bid and entered into a contract with the City for the Pavement Repair Project November 1, 2018 - October 31, 2019 on October 26, 2018; and Whereas, due to an increased number and size of repairs, the contract amount will exceed $150,000; and Whereas, the purchasing manual requires that if the cost of a contract entered into by competitive quotation exceeds $150,000 the contract must be approved by the City Council. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. Said contract for annual pavement repair is hereby approved by the City Council and may exceed $150,000 as determined necessary by the City Manager. Passed and approved this 7th day of January 2020 Attest :� S.6 k-o o - I ^ 30 - / 9 City Clark City Attorneys Office It was moved by trims and se ded by Salih the Resolution be adopted, and upon roll call there were: Ayes: 0 Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Jr,t Prepared by: Joe Welter, Public Works, 410 East Washington Street, Iowa City, IA 52240 (319) 3665144 Resolution No. 20-72 Resolution accepting the work for the Highway 1 and Sunset Street Traffic Signal Improvement Construction Project Whereas, the Engineering Division has recommended that the work for construction of the Highway 1 and Sunset Street Traffic Signal Improvement Construction Project, as included in a contract between the City of Iowa City and Advanced Electrical Services, Inc. of Iowa City, Iowa, dated January 9, 2020, be accepted; and Whereas, the Engineer's Report and the performance, payment, and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in Annual Traffic Signal Projects, Account Number S3814:and Whereas, the final contract price is $38,500.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 24th day of March 2020 kyo Approved by Attest: City City Attorney's Office It was moved by Taylor and seconded by Mims the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Bergus x Mims x x Salih x Taylor x Teague Thomas x Weiner 06110 54-226938 PERFORMANCE pAYM ENT, AND MAINTENANCE BOND HIGHWAY 1 - SUNSET STREET TRAFFIC SIGNAL IMPROVEMENTS PROJECT dllrV OF IOWA-CITY KNOW ALLBY THESE PRESENTS: That we. Advanced F-fettriCal I S I eNlo"_ Inc IOWO City, Iowa, at. Rrinefool (henitnaftat the 'Cohtraotoru or "Principal") and Advan6ed. bectrical Services,- Inc. as Surety are held and firmjy bound unto city — Of Iowa UnY, referred to as "the and to all persons who may be frifured by any breach of any of the conditions of this Bond in the penal sum of thirty-ftht.thousand, tine hundred dollars ($36,600), lawful money of the United States, for the payment of which sum, "If and truly to be Made, we bind vureelves, Our heirs, legal representatives and 49819118,JOWly or'sev&Aly�,.firrinlyby these presents. The conditions of the Wmv6 Obliggitiong are such that �eWs into coritra t with 4� 2ZJ In 0 A g wi theJiurisdiction, bearing day -of !A*lf (hereinafter the 'Contract") wherein said Contractor undertakes ,nda agrees ,to construct the following described improvements: !Ast.WI video *60110n'cametas, PTZcarnera,:and wiring at the Sunset Street and Highway I . 1rdersectionjo.provide a.complete ard.*f6rotional video detection systemlorthe signal. To faithfully perfortrin all the terrils And reqdIteinerh of "said "Contract within in i the tirnd'jh&d� specified, in a good and workmanlike:manner, and in accordance With the Contract DOdurnItrits; It it ekptdsily understood and brgMbd by the Oorrtftd6rand Surety in tills'bond that the folldMng provisions are-9,part of this Bond and," binding -.Upon said Contractor and Surety, to4o� 1, PE11PORIVIAN015: The Contractor shall well and faithfully bbgaN6, do I pe rm, fulfill, and -abide by each and every covenant; condition, and paffof said Contract; by reference made A part bereof, for the above referenced improvements, and shad ants indemnify arfd save harmless the Jurisdiction from all Outlay and akpanto incurred by the Jurisdiction by reason Of the Contractor's default Of failure to perform as required. The Contractor shall also be responsiblefor the default or failure to perform as requirad under the Contract and Contracr Documents by all Itssubountractom, suppliers"agents, or employees furnishingmaterials or providing labor hthe performance of the Contract. 2. )5AYMl5NT: The 106ritr6dioi and the Surety cri'llhiis Bond hereby agireed to pay all just claims submitted by persons firms, subctirvtrector%and corporatlorisfurhishing materials for or performing labor in the performance of the Contract on account.0 which this is olveri, including but not 11 Bond limited 10"clalms for all amounts for labor, materials, lubricants oil, gasoline, repairs on machinefy,equipment; and toolc consumed or Used by the Contractor or any subcontractor, wherein -the tAM0,0re hotsatis fled. out of the portion of the contract. price the Jurisdiction it required to retain Until completion -of the Improv 'ernsrit, but the Contractor and Su rely shall not be liable to said persons, firms, or Highway I Sunset Street Traffic Signal Improvements Project 0616- Page I Of 4 corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of two years (2) from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, which thereby increases the total contract price and the penal sum of this bond, provided that all such changes do not, in the aggregate, involve an increase of more than 20% of the total contract price, and that this bond shall then be released as to such excess increase; and C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. D. That no provision of this Bond or of any other contract shall be valid that limits to less that five years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Jurisdiction including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys fees (including overhead expenses of the Jurisdiction's staff attorneys), and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, In approved change orders, and in this Bond will be fulfilled, and that the Jurisdiction will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. Highway 1 - Sunset Street Traffic Signal Improvements Project 0510 — Page 2 of 4 In the event the Jurisdiction incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation under this bond shall not exceed 125% of the penal sum of this bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Johnson County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree, jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond and the Contract; second, if not defined in the Bond or Contract, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract is hereby made a part of this Bond. Highway 1 - Sunset Street Traffic Signal Improvements project 0510 — page 3 of 4 MUNCIPAt! By ,Jason Moore, President ffile of Contractor Officer SURETY. United Fire. & Casualty Group Surely Company Nance gy\, D t Signature.of Attorney-irr-Fact Office Beth Ambrisco, An Iowa Resident Agent Printed Name of Attomey5lri act Officer AW Welt Ambrisco Insurance, Inc. Company Name of Attorney -In -Fact 24 Westside Drive Company Address of Attorney -in -Fact Iowa City,. Iowa 52246 City, State, Zip Code of A#%mey-in-Fact (319) 087-3700 Telephone Number of Attorney -in -Fact I Highway 1 - Sunset Street Traffic Signal Improvements Project 0510 - Page 4 of 4 UNITED FIRE & CASUALTY COMPANY, CMZ AR RAPIDS TA fuNuir es: Surety Depxrfinent i `NFfED rIRL" & INDf MNrl'Y COMPANY = WF,Bf -RITX .i`NANCIAL PACIFIC INSURANCE CpMPANy FF� IN ..CA 118 Second Ave SF. Itv6Ul'tA.t+iCC CERTIFIED COPY OI'P0)XrtROFATTORNEY CedarRitplds,IA 52,40 o (original on file at Home Office of Company - See Cewt icatum) KNOW ALI, PERSONS, BY THESE PRESENTS; That Haired Fne A Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa, United Fire & Indemnty, COMpany, a corporatian duly orgmized,ard existing under Akre_ laws of %lie State of texas; and the an mpail et), insure re Company: a corporation duly organized and existing under, the laws of the State of California {herein collectively called the Companies}, and having they corporate headquarters in CedarRapids, State of Iowa, does make, constitute and appoint TERdtY L.... MCDONALD, JEAN A. WILSON, ., JOE WEGMAN, BET,HAMBRISCO,. KRIS-SI. NI@LSON., DIANE SANDERS, ,S.C'OTT ENYART, CRAIG SCHROEDER, .JOY PERKINS, BRAD HODAPP, ASHLEY LEE, EACH INDIVIobALLY their true and lawful Attonwy(s),m=Fact wrdr power and autiigrity hereby, coiden d to,:sign, seal and execute in ita behalf all la€vfvl bonds, undertakings and other obligatory anstrumelti of similar nature provided that no single Obligation shall exceed $35, 000, COO.00 and to bind the Companies thereby as`fuTiv mid to the same extent as if such arstmalents were signed by the duly, suthocr<ed officers of dretCompanies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ravfsd and confi vied. The Authority hereby granted $hall expire die 1st day ofOctober, 2021 unless sooner revoked Company, United Foe & Indemnity Company, and Financial Pacific Insurance Company. lay ITrutit Five & Casualty - This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of United Fite & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. ' "Article dI — Surety Bonds and Undertakings" ,Section 2, Appaintmpnt if Attorney -in -Fact. "The President or any vice President, or any other officer of the Companies may, iron time to mile, appoint b} evtaite caHlfieates attonleys.in-fact to act in behal£tiFtho Companies in the execution ofpaneies of insurance, bonds, undenakdngs and other obligatory instrle, appoint inice The signature ed hereby,, authorized hereby, and the Corporate seal, may be affixed by facsimile to any Power of attorney Or spacial power of attorney ni ceIIiSFatrob of either authorized hereby; such signature aid seal, when sa used, being adopted by the Companies as the original signature of such officer and the angina( seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed Such anomeys-m-fact, subject to the limitations set of hirab m their respoctive certificates of authority shall have full power to bind the Companies by their signature and execution of airy such instruments end to attach the -seal Ike Companies thereto. The President or any Vice President, the Board of Direetnrs or any other officer of the Companies may at any time revoke all Power and autlio1'i1;y yrestaus{y gWca tp xny anomay-m-Yact IN WITNESS WHEREOF, the COMPANIES have each caused these presents to jiesiened by its:.. 4°`tx vice president and its corporate seal to be hereto affixed this 1st day of '� coxeou4rc coxroaan r _a° room -October, 2019 UNITED FIRE& CASUALTY COMPANY '+ SrA1 5EAL Ina 0},irannm�`` °9<'oa+fv f= UNITED FIRE& INDEMNITY COMPANY a{i""`g8+ FINAN,}CIIIAAAL-PACIFIC INSURANCL- COMPANY State'of Iowa,,County of Linn, ss: „' „`. By_ Orr 1st day of Octotfer, 2019,,-before me V'icePresident personally came Dennis J. Richtnariri to me known, who being by me duly swam, did depose and say; that ire resides in Cedar Rapids, State of Iowa; that he is a Vice President Of Unted Fire & Casualty Company, a-Yrce President of United Fire & Indemnity Company, and a Vice President of Financial, Pacific loan, cc Coin,, ly the corporations described' in and which executed the above instrument; that he knouts the sexy of said. corporations that the seal'afiaxcd to the said instrument thereto o ours ant to, li corporate that it was sa off¢l pursuant to althout$ given by the Board of Direcetoxs of umisssaid ,othat the, seal affixed signed his eagle thereto`puisuant to lrke�uthotity, and arlm�wletjges same to be theact-aud deed of said hotpot atiott.+i- .3h Judith A.Jonos m loxNobe Commission number numberr173041 MY commission Expires 4/2342021 Notary Public My commission expires,; 4/23/2021 I Mary A, BetG§c33, Ass stint S`eure art afUn toil Fire &Casualty Campuly and Assistant Secretary ofUnited nited Fire & Ipdemnity Cogipany, and Assistant Secretary of Financial Pacific busurance Company, do hereby certify That I have compared the foregoing, copy of the Power of Attanldy and affidavit,' and. 'the COPY OfThe Section of the bylaws and resolitrions of sand Corporations as set forth in..said:Powerof Aporhey, wull"Ibe ORIGIItALS ON FILE IN THE':. HllIY3E OFFICE OF SATII C0RPC}RA'1'fE?N 3, and that the same rare correct transcripts thereof, and of'tile whole of'die said origmals, 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 Corporations this ,-3;-at—day of DeZMIDer 20 19 ow V siten "� g � t Fr.xARKArz'1ersss �s By'tag 4/4��'�ninnnii,.•` °• �� f#SSls[anti£eretaiy, u"'",, "�'°•L1F&C & OF&I & FPIC BPOA0045 122617 This paper has a colored background and void pantograph. ENGINEER'S REPORT March 10, 2020 City Clerk Iowa City, Iowa !) r 1 On, � CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org Re: Highway 1 and Sunset Street Traffic Signal Improvements Construction Project Dear City Clerk: I hereby certify that the Highway 1 and Sunset Street Traffic Signal Improvements Construction Project has been completed by Advanced Electrical Services, Inc. of Iowa City, Iowa, in substantial accordance with the Project Manual developed by Shive-Hattery, Inc, of Cedar Rapids, Iowa. The project was bid as a unit price contract and the final contract price is $38,500.00. There was one change order on this project for adjustment of the camera pole height and the completion dates. The Contract Amount was not revised by the change order. I recommend that the above -referenced improvements be accepted by the City of Iowa City. (Sincerely, Jason Havel City Engineer C ro Prepared by: Joe Wetter, Public Works, 410 East Washington Street, Iowa City, IA 52240 (319) 356-5144 Resolution No. 20-73 Resolution accepting the work for the 2019 Landfill Gate Replacement Construction Project Whereas, the Engineering Division has recommended that the work for construction of the 2019 Landfill Gate Replacement Construction Project, as included in a contract between the City of Iowa City and Apex Construction Company, Inc. of Iowa City, Iowa, dated July 18, 2019, be accepted; and Whereas, the Engineer's Report and the performance, payment, and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in Loss Reserve, Account # 82310625 and Landfill Operations, Account # 75750121; and Whereas, the final contract price is $100,440.64. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 24th day of March 2020 Mb,ybr 7� Apived by Attest: City Jerk City Attomey's Office It was moved by Taylor and seconded by adopted, and upon roll call there were: Mims Ayes: Nays: Absent: x Bergus x x Mims 3alih x Taylor x Teague x Thomas x Weiner the Resolution be Bond Number IAC589510 0510 PERFORMANCE, PAYMENT, AND MAINTENANCE BOND 2019 LANDFILL GATE REPLACEMENT PROJECT CITY OF IOWA CITY KNOW ALL BY THESE PRESENTS: That we, Apex Construction Company Inc as Principal (hereinafter the Contractor or Principal) and MPrrhant Banding omoany (Mutual) , as Surety are held and firmly bound unto City of Iowa City, Iowa, as Obligee (hereinafter referred to as "the Jurisdiction"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of ninety-four thousand, eight hundred and sixteen dollars ($94,818.00), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Jurisdiction, bearing date the 8th day of _ate Tki 2019 . (hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following described improvements: The replacement of the Iowa City Landfill and Recycling Center entrance, gate, and wall and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. It is expressly understood and agreed by the Contractor and Surety in this bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit: 1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfil, land abide by each and every covenant, condition, and part of said Contract, by reference made a part hereof, for the above referenced improvements, and shall indemnify and save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2, PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Jurisdiction is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, 2019 Landfitl Gate Replacement Project 0510 — Page 1 of 4 which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of two year(s) (2) from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, which thereby increases the total contract price and the penal sum of this bond, provided that all such changes do not,'in the aggregate, involve' an increase of more than 20% of the total contract price, and that this bond shall then be released as to such excess increase; and C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specked contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. D. That no provision of this Bond or of any other contract shall be valid that limits to less that five years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Jurisdiction including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys' fees (including overhead expenses of the Jurisdiction's staff attorneys), and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Jurisdiction will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. In the event the Jurisdiction incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the wiu Lanarm care Kepiacement Project 0510 - Page 2 of 4 Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation under this bond shall not exceed 125% of the penal sum of this bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Johnson County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree, jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractoror whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond and the Contract; second, if not defined in the Bond or Contract, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract is hereby made a part of this Bond. cv I U Ldl wun sidle mepiacement rrolect 0510 -Page 3 of 4 PR.......... . M ti d JP K� Title of Contractor Officer 0 Company Name of Attomey-in-Fact Company Address of Attomey-in-Fact City, State, Zip Code of Attomey-in-Fact Telephone Number of Attomey-in-Fact 2019 Landfill Gate Replacement Project 0510 — Page 4 of 4 k 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, Nora Fetter 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 Powerof-At erney 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 wri ings 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 horny 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 Slate 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 3rd day of July . 2019 yQiPOg1 MERCHANTS BONDING COMPANY (MUTUAL) 9 .S • MERCHANT NATIONAL BONDING, INC. 1933 a'c' By {r'':� •' ��.•� President STATE OF IOWA ...................• COUNTY OF DALLAS as. On this this 3rd day of July 2019 , 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 instmment 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 Z � ComrrilssionNumber 767430 My Ccxrtm lion res (^ � April 1, 2020 �)`i►�•-.-- Notary Public (Expiration of notary's commission does not invalidate this instrument) 1, 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 3rd day of July 2019 jL/�j -o-►�!/y/ 2003 1933 : Secretary •' .......... ••r•••• POA 0018 (3(17) It r I Ong CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX ENGINEER'S REPORT www.icgov.org March 3, 2020 City Clerk Iowa City, Iowa Re: 2019 Landfill Gate Replacement Construction Project Dear City Clerk: I hereby certify that the 2019 Landfill Gate Replacement Construction Project has been completed by Apex Construction Company, Inc. of Iowa City, Iowa, in substantial accordance with the Project Manual developed by Shoemaker-Haaland Professional Engineers of Coralville, Iowa in conjunction with the City of Iowa City Engineering Division. The project was bid as a unit price contract and the final contract price is $100,440.64. There were a total of four change orders for the project as follows: 1. Concrete Wall Foundation Execution (added $2,780.00) 2. Additional Electrical Circuit (added $1,050.64) 3. Extension of Completion Dates (no cost) 4. Gate stability posts and extra white fencing (added $1,794,00) Total Amount for Change Orders = $5,624.64 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Siince�rely, f I'L(� Jason Havel City Engineer Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 3565139 Resolution No. 20-111 Resolution accepting the work for the 2019 Summer Sidewalk Repair Project Whereas, the Engineering Division has recommended that the work for construction of the 2019 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and Quality Construction Services of Eldridge, Iowa, dated July 1, 2019, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in account # 22710220; and Whereas, the final contract price is $73,266.84. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 5th day of May 2020 Mayor Attest: 46iliedrk�, It was moved by Taylor and seconded by adopted, and upon roll call there were: Ayes: k7 Nays: salih the Resolution be Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Prepared by: David Powers, Neighborhood & Development Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5233 Resolution No. 19-178 Resolution accepting the work for the Flood Plain Demolition Project Whereas, the Engineering Division has recommended that the work for construction of the Flood Plain Demolition Project, as included in a contract between the City of Iowa City and CAJ Enterprises of West Branch, Iowa, dated January 30, 2019, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the emergency fund account # 10310712; and Whereas, the final contract price is $33,060.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 16th day of July , 2019 M or Attest: r City Clerk rov City Attorney's Office It was moved by trims and seconded by Teague the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Cole x Mims x Salih X Taylor x Teague x Thomas x Throgmorton Y 1'I�,L CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX ENGINEER'S REPORT www.icgov.org July 8, 2019 City Council Iowa City, Iowa Re: Flood Plain Demolition Project Dear City Council: I hereby certify that the construction of the Flood Plain Demolition Project has been completed by CAJ Enterprises, Inc. of West Branch, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. The project was bid as a lump sum contract and was awarded for $33,060.00. The final contract price is $33,060,00. There were no change orders. I recommend that the above -referenced improvements be accepted by the City of Iowa City, Sincerely, Jason Havel, P.E. City Engineer pwenglmaaleretengrpLda WEST BEND A MUTUAL INSURANCE COMPANY" Bond Number 2404875 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That CAJ Enterprises, Inc dba Chris Jones Trucking of 263 260th St, West Branch, IA 52358-8546 (Name and address of the Contractor) as Principal, hereinafter called Principal, and WEST BEND MUTUAL INSURANCE COMPANY as Surety, hereinafter called Surety, are held and firmly bound unto city of Iowa city of 410 E Washington St, Iowa City IA 52240-1825 (Name and address of the Owner) as Obligee, hereinafter called Owner, in the amount of Thirty Three Thousand Sixty Dollars _ Dollars ($ 33,060.00 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 03/01/2019 entered into a contract with Owner for Demolition of two houses in accordance with drawings and specifications prepared by (Name of Architect or Engineer) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owners Obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contract of com- pletion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be increased automatically and immediately, with- out the need for separate amendments hereto, upon amendment to the Contract that does not increase the contract price more than ten (10) percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the CON- TRACT as so amended. The term "Amendment', wherever used in this BOND, and whether referring to this BOND, the Contract or the Loan Documents shall include any alteration, addition, extension, or modification of any character whatso- ever. NB 001211 17 Page 1 of 2 PO Box 620976 1 Middleton, WI 53562 1 Phone: (608) 410-3410 1 Fax: (877) 674-2663 1 www.thesilverlining.com Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein of the heirs, executors, administrators or successors of the Owner. Signed and Sealed this 16 Witness: Witness:w day of March KOW Principal: CAJ En"r riseonc dba C)Qis Jones Trucking By:( // ^t' i yr Cf (SEAL) __Name Typed: Chr' Jones President Title Surety: West Bend Mutual Ins ura ce Company By ft l h .) (SEAL) Name yped: KRISTIN TOLLE Attomey-In-Fact Title MICHIGAN ONLY: This policy is exempt from the filing requirements of Section 2236 of the Insurance Code of 1956, 1956 PA 218 and MCL 500.2236. Page 2 of 2 NB 0012 1117 PO Box 620976 1 Middleton, WI 53562 1 Phone: (608) 410-3410 1 Fax: (877) 674-2663 1 www.thesilverlining.com Prepared by: Joe Welter, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No, 20-1 Resolution accepting the Work for the 2019 Iowa City Kickers Soccer Park Field Addition Project Whereas, the Engineering Division has recommended that the work for construction of the 2019 Iowa City Kickers Soccer Park Field Addition Project, as included in a contract between the City of Iowa City and MBA Incorporated of North Liberty, Iowa, dated February 5, 2020, be accepted; and Whereas, the Engineer's Report and the performance, payment, and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in IC Kickers Park Soccer Field Addition, Account Number R4355; and Whereas, the final contract price is $83,757.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 4th day of August 2020 Ma Attest: e 0 L90 City' Clerk Approved 1 IL City Attorney's Office (Sara Greenwood Hektoen — 07/28/2020) It was moved by salih and seconded by adopted, and upon roll call there were: Ayes: Nays: Weiner the Resolution be Absent: Bergus Mims Salih Taylor Teague Thomas Weiner � r I CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org July 24, 2020 City Clerk Iowa City, Iowa Re: 2019 Iowa City Kickers Soccer Park Field Addition Project Dear City Clerk: I hereby certify that the 2019 Iowa City Kickers Soccer Park Field Addition Project has been completed by MBA Incorporated of North Liberty, Iowa, in substantial accordance with the Project Manual developed by the Engineering Division of the City of Iowa City. The project was bid as a unit price contract and the final contract price is $83,757.00. There were two (2) change orders on this project: 1. Revisions to the completion dates due to wet conditions $0.00 2. Revised tile line layout and site grading. $2,883.00 Total $2,883.00 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel City Engineer 0510 PERFORMANCE, PAYMENT, AND MAINTENANCE BOND 2019 IOWA CITY KICKERS SOCCER PARK FIELD ADDITION PROJECT CITY OF IOWA CITY KNOW ALL BY THESE PRESENTS: Bond Number IAC589647 That we, MBA Incorporated, as Principal (hereinafter the "Contractor" or "Principal") and Merchants Bonding Company (Mutual) as Surety are held and firmly bound unto City of Iowa City, Iowa, as Obligee (hereinafter referred to as "the Jurisdiction"), and to all persons who may be Injured by any breach of any of the conditions of this Bond in the penal sum of eighty thousand eight hundred and seventy-four dollars ($80,874), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereps said Contractor entered into a contract with the Jurisdiction, bearing date the 2artt-34' day of Sep swileer FLExR 204Zr+, (hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following described improvements: The project includes installation of a drainage network consisting of 2-inch subdrains, 6-inch drain collectors, 12-inch storm sewer service, five drain cleanouts, a drain outlet to the ditch, various drain connections, and grading of the field. The project covers an area of roughly five acres with approximately two acres of grading. To faithfully perform all the terms and requirements of said Contract within the time therein specified, In a good and workmanlike manner, and in accordance with the Contract Documents. tll It is expressly understood and agreed by the Contractor and Surety in this bond that the fallowing provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit; 1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract, byreference made a part hereof, for the above referenced improvements, and shall indemnify and save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdlouon by reason of the Contractor's default of failure to perform as required. The Contrad& shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used 2019 Iowa City Kickers Soccer Park Field Addition Project 0510 —Page 1 of 4 by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Jurisdiction Is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth In Chapter 573 of the Iowa Code, which by this reference Is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of two year(s) (2) from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, which thereby increases the total contract price and the penal sum of this bond, provided that all such changes do not, in the aggregate, involve an increase of more than 20% of the total contract price, and that this bond shall then be released as to such excess increase; and C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. D. That no provision of this Bond or of any other contract shall be valid that limits to less that five years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited In any way, but shall Include the actual and reasonable costs and expenses Incurred by the Jurisdiction Including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be Ilmitedto all contract or employee expense, all equipment usage or rental, materials, testing;' outside experts, attorneys fees (including overhead expenses of the Jurisdiction's staff attorneys), and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and In this Bond will be fulfilled, and that the Jurisdiction will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. 2019 Iowa City Kickers Soccer Park Field Addition Project 0510 — Page 2 of 4 In the event the Jurisdiction incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation under this bond shall not exceed 125% of the penal sum of this bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Johnson County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree, jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract and in this Bond, then this obligation shall be null and void, otherwise It shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond and the Contract; second, if not defined in the Bond or Contract, it shall be Interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract is hereby made a part of this Bond. 2019 Iowa City Kickers Soccer Park Field Addition Project 0510 — Page 3 of 4 PRINCIPAL: Beverly Seelman Printed Name of Contractor Officer By Sign re of Contractor Officer President/Co-Owner Title of Contractor Officer E� Merchants Bonding Company (Mutual) Surety Company Name By �nature of Attorn r i -Fact Officer 1 Jill Shaffer Printed Name of Attomey-in-Fact Officer LMC Insurance & Risk Management Company Name of Attomey-in-Fact 4200 University Avenue #200 Company Address of Attomey-in-Fact West Des Moines, IA 50266 City, State, Zip Code of Attomey-in-Fact 515-244-0166 Telephone Number of Attorney -in -Fact 2019 Iowa City Kickers Soccer Park Field Addition Project 0510 — Page 4 of 4 .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, Christopher R Selbeding; Greg T LaMair, Jeffrey R Baker; Jill Shaffer; Joseph I SchmlC Nancy D Baltutat; Patrick K Duff their true and lawful Attorney(s)dn-Fact, to sign Its name as surety(les) 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 showed by low. 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, 2016 and adopted by the Board of Directors of MerchantsNatlonal 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, recognizanees, 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 obllgaficna of the Company, and such signature and seal when so used shall have the same force and effect as though manually foxed." In connection with obligations In favor of the Florida Department of Transportation only, It Is agreed that the power and out horky 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 contraction 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 Aftmey-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 17th day of April 12019 *�' dP40R"'•�o% `�6J:•GO ��•%Z' gA� MERCHANTS BONDING COMPANY (MUTUAL) "y� ��. MERCHANT NATIONAL BONDING, INC. :�yy1 2003 ;;o: �y 1993 c; By t/ ..� '�.. . b�; STATE OF IGWA t..." "'••.•'- COUNTY OF DALLAS as. On this this 17th day of April 2019 , 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-at � AL,IGIA; K. ORANI o Cammis6lorrNurt7Yber70743D a My CommissionEkpires :o ah " APNI 1,202C Notary Publk (Expiration of notary's commlesion roes not Invalidate this Instrument) 1, 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 7th day of November 2019 1POgq'r o' :'A4rO�Y0"�•V:9•y• %_',,• 2003 "Jo yt. 1933 :•' secretary, POA 0018 (3117) Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 20-223 Resolution accepting the work for the Underground Duct and Fiber Installation to JECC Communications Facility on Compass Drive Project. WHEREAS, the Engineering Division has recommended that the work for construction of the Underground Duct and Fiber Installation to JECC Communications Facility on Compass Drive Project, as included in a contract between the City of Iowa City and Utility Service Contractors of Hiawatha, Iowa, dated April 15, 2019, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer; and Whereas, funds for this project are available in account # P3982; and Whereas, the final contract price is $56,962.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 15th day of September , 2020 Mayor—�� Attest: 4CityClerk It was moved by Thomas adopted, and upon roll call there were: Ayes: roved by . City Attorney's Office (Sue Dulek - 09/10/2020) and seconded by Taylor the Resolution be Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner 110 Prepared by: Maui VanDyke, Civil Engineer, Public Works, 410 E. Washington St, Iowa City. IA 52240 (319) 356-5044 Resolution No, 20-242 Resolution accepting the work for the Windsor Ridge Drainage Improvement Project Whereas, the Engineering Division has recommended that the work for construction of the Windsor Ridge Drainage Improvement Project as included in a contract between the City of Iowa City and Carter and Associates, Inc., of Coralville, Iowa, dated June 301, 2020, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Annual Storm Water Improvements account #M3631; and Whereas, the final contract price is $40,617.50. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 20th day of October 20 zo Mayor Attest: ed by City erk Attom aovCity ey's Office—10/15/2020 It was moved by Weiner and seconded by adopted, and upon roll call there were: Ayes x Nays: Salih Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be Prepared by: Ben Clark, Senior Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 20-264 Resolution accepting the work for the Police Front Offices Remodel Project Whereas, the Engineering Division has recommended that the work for construction of the Police Front Offices Remodel Project as included in a contract between the City of Iowa City and RoCon Construction, LLC, of Iowa City, Iowa, dated May 281, 2020, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Police Front Offices Remodel account #Y4443; and Whereas, the final contract price is $51,704.91. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 1st day of December 2020 Mqia App ed by % Attest: / City Clerk City Attorneys Office—11t2412020 It was moved by sergus and seconded by Weiner the Resolution be adopted, and upon roll call there were: Ayes: IN Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner b,J Prepared by: Jason Reichert. Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 62240 (319) 356-5416 Resolution No. 20-266 Resolution accepting the work for the Traffic Calming 2020 Project Whereas, the Engineering Division has recommended that the work for construction of the Traffic Calming 2020 Project, as included in a contract between the City of Iowa City and LL Pelling Company, Inc. of North Liberty, Iowa dated August 20, 2020 be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Traffic Calming account # 53816; and Whereas, the final contract price is $74,577.55. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 1st day of December , 2020 Ma Attest: City lerk It was moved by Bergus and seconded by adopted, and upon roll call there were: Ayes: Nays: Ap ved by % City Attorney's Office—11124/2020 Weiner Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 Resolution No. 20-265 Resolution accepting the work for the 2020 Summer Sidewalk Repair Project Whereas, the Engineering Division has recommended that the work for construction of the 2020 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and Ziegenhom Construction LLC of Muscatine, Iowa, dated July 21, 2020, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in account # 22710220; and Whereas, the final contract price is $92,625.71. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this lse day of December 12020 M r Ap ed by Attest: 7. City'Clerk City Attorney's Office—11/24/2020 It was moved by Bergus adopted, and upon roll call there were: Ayes: and seconded by Nays: Weiner Absent: Bergus Mims Salih Taylor Teague Thomas Weiner the Resolution be ("f Prepared by: Ben Clark, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 21-21 Resolution accepting the work for the Augusta Place Bird Proofing Project Whereas, the Engineering Division has recommended that the work for construction of the Augusta Place Bird Proofing Project, as included in a contract between the City of Iowa City and Minturn, Inc. of Brooklyn, Iowa, dated October 15, 2019, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Augusta Place account # 71810146; and Whereas, the final contract price is $84,159.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 2nd day of February 2021 Mayor Approved by Attest: City Clerk Ci ttorney's Office — 01/28/2021 It was moved by Mims adopted, and upon roll call there were: Ayes: kq and seconded by sergus the Resolution be Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Prepared by: Ben Clark, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 21-227 Resolution accepting the work for the Robert A. Lee Recreation Center Phase 2 Improvements - On -Deck Shower Restroom Project. Whereas, the Engineering Division has recommended that the work for construction of Robert A. Lee Recreation Center Phase 2 Improvements - On -Deck Shower Restroom Project, as included in a contract between the City of Iowa City and Macomas-Lacina Construction, LC, of Iowa City, Iowa, dated November 19, 2020, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Recreation Center ADA Improvements account # R4351; and Whereas, the final contract price is $96,151.05. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 17th day of August 2021 M r Attest: Cit Clerk Approved by G z,==� - City At rney's Office (Sue Dulek - 08110/2021) It was moved by salih and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner 5, & Prepared by: Ben Clark, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 21-226 Resolution accepting the work for the Robert A. Lee Recreation Center Phase 2 Improvements - Fire Alarm Project. Whereas, the Engineering Division has recommended that the work for construction of Robert A. Lee Recreation Center Phase 2 Improvements - Fire Alarm Project, as included in a contract between the City of Iowa City and Gerard Electric, Inc., Iowa City, Iowa, dated November 231d, 2020, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Recreation Center ADA Improvements account # R4351;and Whereas, the final contract price is $43,635.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 17th day of August 12021 May Approved by Attest: )� City Jerk City Attoneys Office (Sue Dulek - 08/10/2021) It was moved by Salih adopted, and upon roll call there were: Ayes x and seconded by Taylor the Resolution be Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Prepared by: Joe Welter, Engineering Division, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 21-225 Resolution accepting the work for the 2018-2020 Annual Sanitary Manhole Rehabilitation Construction Project Whereas, the Engineering Division has recommended that the work for construction of the 2018- 2020 Annual Manhole Rehabilitation Construction Project, as included in a contract between the City of Iowa City and Redina Construction Company of Glen Ellyn, Illinois, dated October 13, 2020, be accepted; and Whereas, the Engineer's Report and the performance, payment, and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in Annual Sewer Main Replacement, Account # V3101; and Whereas, the final contract price is $83,394.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 17th day of 1 Attest: V V City Clerk august ,2021 M r Approved by zl==---o City A ney's Office (Sue Dulek - 08/10/2021) It was moved by salih and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: F.5 Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Prepared by: Melissa Clow, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5413 Resolution No. 21-245 Resolution accepting the work for the Park Road Thru Arch Bridge — Pedestrian Deterrent Project Whereas, the Engineering Division has recommended that the work for construction of the Park Road Thru Arch Bridge — Pedestrian Deterrent Project, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, IA, dated March 16, 2021, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Iowa City Gateway Project account # 53809; and Whereas, the final contract price is $103,979.80. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 7th day of September , 2021 r M or Attest: )-j, 1 JJ7 (�C� p Ci Clerk It was moved by 4a1;h and seconded by adopted, and upon roll call there were: Ayes: x Approved by z� City A rney's Office — 8/30/2021 Sergus the Resolution be Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Prepared by: Scott Severs, Asst. City Engineer, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5142 Resolution No. 21-246 Resolution accepting the work for the Villa Park Shelter Project Whereas, the Engineering Division has recommended that the work for construction of the Villa Park Shelter Project, as included in a contract between the City of Iowa City and McComas- Lacina Construction LC of Iowa City, Iowa, dated July 8, 2020, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Villa Park Redevelopment account # R4361; and Whereas, the final contract price is $66,532.15. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 7th day of September 2021 1- M Attest: L�u Le 1 ', City Clerk It was moved by Salih adopted, and upon roll call there were: Ayes: Approved by City ttomey`s Office (Sue Dulek - 8/26/2021) and seconded by Bergus the Resolution be Nays Absent: Bergus Mims Salih Taylor Teague Thomas Weiner Prepared by: Josh Slattery, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 Resolution No. 21-255 Resolution accepting the work for, sanitary sewer, water main, and certain sidewalk public improvements for Capital Subdivision, and declaring public improvements open for public access and use. Whereas, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications approved by the Engineering Division. Sanitary sewer and water main improvements for Capital Subdivision, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Whereas, the maintenance bonds have been filed in the City Clerk's office; and Whereas, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 21st day of Attest: 4tylerk -IJ (Sara Greenwood Hektoen - 09/14/2021) It was moved by Salih and seconded by adopted, and upon roll call there were: Ayes: X X X X X X X Nays: Thomas the Resolution be Absent: Bergus Mims Salih Taylor Teague Thomas Weiner �. 6 Prepared by: Ben Clark, Engineering Division, Public Works, 410 E. Washington St.. Iowa City, IA 52240 (319) 356-5436 Resolution No. 21-261 Resolution accepting the work for the Digester Seals Project. Whereas, the Engineering Division has recommended that the work for construction of the Digester Seals Project, as included in a contract between the City of Iowa City and Woodruff Construction LLC, of Tiffin, Iowa, dated October 14, 2019, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Wastewater Digester Seals account # V3150; and Whereas, the final contract price is $82,700.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 5th day of October M on 6ity Approved by Attest: Clerk City o y s Ice (Sara Gr6enwood Hektoen - 09/29/2021) It was moved by salih and seconded by Weiner the Resolution be adopted, and upon roll call there were: Ayes: x Nays: Absent: Bergus Mims Salih Taylor Teague Thomas Weiner ENGINEER'S REPORT September 28, 2021 City Council Iowa City, Iowa RE: Digester Seals Project Dear City Council: CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www,icgov.org I hereby certify that the construction of the Digester Seals Project has been completed by Woodruff Construction LLC, of Tiffin, Iowa in substantial accordance with the plans and specifications prepared by Stanley Consultants, Inc., of Muscatine, Iowa. The project was bid as a lump sum contract and the final contract price is $82,700.00. There were no change or extra work orders on the project. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer 0510 PERFORMANCE, PAYMENT, AND MAINTENANCE BOND DIGESTER SEALS PROJECT CITY OF IOWA CITY KNOW ALL BY THESE PRESENTS: That we, Woodruff Construction, LLC, as Principal (hereinafter the "Contractor" or "Principal") and United Fire & Casualty Company, as Surety are held and firmly bound unto City of Iowa City, Iowa, as Obligee (hereinafter referred to as "the Jurisdiction"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of Eighty Two Thousand Seven Hundred dollars ($82,700), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Jurisdiction, bearing date the 14'h day of October, 2019, (hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following described improvements: Install annular seal between stainless -steel cover and concrete wall on Wastewater Digester Tank 8101A. To faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. It is expressly understood and agreed by the Contractor and Surety in this bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit: 1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract, by reference made a part hereof, for the above referenced improvements, and shall indemnify;apd save harmless the Jurisdiction from all outlay and expense incurred by the. Jurisdiction by reason of the Contractor's default of failure to perform as required. The Contrat4or shall also be responsible for the default or failure to perform as required under.theCowact and Contract Documents by all its subcontractors, suppliers, agents, or emp!Ryees fp3 nishing` materials or providing labor in the performance of the Contract. < _ 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed, to pay all just claims submitted by persons, firms, subcontractors, and corporations furrii9fing Medals for or performing labor in the performance of the Contract on account of which ttzrs Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Jurisdiction is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of two year(s) (2) from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. 4, GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, which thereby increases the total contract price and the penal sum of this bond, provided that all such changes do not, in the aggregate, involve an increase of more than 20% of the total contract price, and that this bond shall then be released as to such excess increase; and C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. D. That no provision of this Bond or of any other contract shall be valid that limits to less than two year(s) (2) after the acceptance of the work under the Contract the right to sue on this Bond, E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Jurisdiction including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys fees (including overhead expenses of the Jurisdiction's staff attorneys), and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor's failure to perform as required in the Contract and Contract Documents"that al' agreements and promises set forth in the Contract and Contract Documents, it approved change orders, and in this Bond will be fulfilled, and that the Jurtsdictior will be fully indemnified so that it will be put into the position it would have'lbeen it had the Contract been performed in the first instance as required: ut In the event the Jurisdiction incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation under this bond shall not exceed 125% of the penal sum of this bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Johnson County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree, jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond and the Contract; second, if not defined in the Bond or Contract, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract is hereby made a part of this Bond. a} - : T417M Woodruff Construction, LLC Contractor By Signatur Printed Name ast&ali n g-° idyzt Title SURETY: Anne crowner, Attorney-m-ract Printed Name of Attorney -in -Fact Officer Holmes, Murphy and Associates, LLC Company Name P.O. Box 9207 Company Address Des Moines, ]A 50305-9207 City, State, Zip Code (5151223.6800 _ Company Telephone Number 1. All signatures on this performance, payment, and maintenance bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This bond must be sealed with the Surety's raised, embossing seal. 3. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety's raised, embossing seal. 4. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this bond must be exactly as listed on the Certificate or Power of Attorney accompanying this bond. :111 UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE AFINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA Cellar Rapids, IA 52401 IN6uRANCE CERTIFIED COPY OF POWER OF ATTORNEY (origination file at Home Office of Company -See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fine & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, it cooperation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under die laws of the State of California (herein collectively called the Companies), and having their corporate headquarters hi Cedar Rapids, State of Iowa, does make, constitute and appoint CRAIG E. HANSEN, JAY D. FREIERMUTH, BRIAN M. DEIMERLY, CINDY BENNETT, ANNE CROWNER, TIM MCCULLOH, STACY VENN, SHIRLEY BARTENHAGEN, DIONE R. YOUNG, KEVIN J. KNUTSON, MICHELLE GRUIS, KATHLEEN BREWER, SETH D. ROOKER, SYDNEY BURNETT, EACH INDIVIDUALLY their the and lawful Attorneys) -in -Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawfuul bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $100, 000, 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of tie Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by United Fie & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI — Surety Bonds and [Jnderta [dikes" Section 2, Appointment of Attomey-in-Fact. The President or any Vice President, or tiny other offscor of the Companies may, from time to time, appoint by written certificates attorneys-in-fnct to act in behatf of the Companies in the execution ofpolicies of instmosm, bonds, undertakings and other obligatory instruments sinks nature. 'Ito signature of any officer authorized hereby, and the Corporate sea], may be axed by £aedmile to any power of attomay or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal ofthe Companies, to be valid and binding upon the Companies with the same fares and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations saint forth in than respective certificates of authority shall have ftdi power to bird the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto. The President or any Vice President, the Board of Dhomorxs or any other officer of the Companies may at any time revoke all power mid authority previously given to any attomoyin-fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its 01. a `e6jlrt - \`Paroil'k, so. vice vice resident and its corporate seal to be hereto affixed this zoos,* `""ts.";y sm?;a°` "3' , ° � p P 15th day of January, 2014 eunrow.re _ ES eoxwanrz / 'owrr�e _ UNITED FIRE & CASUALTY COMPANY s sank .p y; �"" cart cy gy+�; peal f UNITED FIRE & INDEMNITY COMPANY 2?'zexera r=_ �s ^trfc,@)R" FINANCIAL PACIFIC INSURAN.CK COMPANY I mRn+4� 4ngoqum nrannm,l^ V �/A+/� -A State of Iowa, County of Linn, ss: Vice Presitt olit On 15th dayy of January, 2014, before me personally came Dennis J. Richmann —t tome known, whu being by me duly sworn, did depose and say; tbat I e resides in Cedar Rapids, State of Iowa; that he is u Vice Pre,�'dem of United Fire & Casualty Company, a Vice President of United Fire & indemnity Company, art( a Vice President of Financial Pol6ifiv:Insit'I = Company the corporations described in and which executed the above inatrnme[14 Ihut he lmows Ilse seal of said corporations; that -the seal -affixed to,th'e said insuument is such corporate seal; tat it was so affixed pursuant to authority given by the Board of Directors of said corliarahmis afcl'tiat Ue signed his name dimz:m ptnstmatto like authority, and acknowledges same to be lbe act and deed of said Corporations77 . s a Patti Weddell a Iowa Notarial Seal ✓" N Commission number 713274 2 My commisslan Expires ia1281212a19 otary Public My commission expires: 1012672019 1, Mary A. Bertsch, Assistant Secretary of United Fite & Casualty Company mid Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared die foregoing copy of tie Power of Atmrrney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set faith in said Power of Attorney, with the ORIGINA LS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, 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 acid effect. In testimony whereof I have herewito Subscribed my surme and affixed the corporate seal of the said Corporations this day of , 2019 , nutrot al\i�vumnw,A yan�Otaryy'� olu'i"nq weIG Ix$ "m fes poaxonam <onrorarz g . 0.9 i '•-® a.::;. tlaee4 By: `�Ni�TG"'"—_. snnc c y rut y;n� ype. t4'',g sma e,� trcax:3' Assistant Secretary, pai'�e'le r414,12 ' rem OF&C & OF&I & FPIC 11111\1 "IlAnlllllle "bllllAlll111\e BPOAD049 1217 Ict Prepared by: Scott Sovers, Asst. City Engineer, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5142 Resolution No. 21-278 Resolution accepting the work for the Madison Street Jordan Well Plugging Project Whereas, the Engineering Division has recommended that the work for construction of the Madison Street Jordan Well Plugging Project, as included in a contract between the City of Iowa City and Lynch's Excavating, Inc. of West Branch, Iowa, dated June 15, 2021, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Water Fund account # 73730120; and Whereas, the final contract price is $83,058.54. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 16th day of Nove er 2021 Mayor P o Tem r Approved by Attest: l Atyerk City Attey's Office (Sara Greenwood Hektoen—11/09/21) It was moved by Weiner and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: R Bergus X Mims x Salih X_ Taylor X Teague g Thomas g Weiner Prepared by: Ben Clark, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 22-7 Resolution accepting the work for the Iowa River Trail Culvert Repair Project Whereas, the Engineering Division has recommended that the work for construction of the Iowa River Trail Culvert Repair Project, as included in a contract between the City of Iowa City and Peterson Contractors, Inc. of Reinbeck, Iowa, dated August 19, 2021, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Intra-City Bike Trails account #R4206; and Whereas, the final contract price is $144,432.80 Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this _4th day of January 12022 Mayor Approved by r 1]L Z� Attest: �f - - City Clerk City Atto ey's Office (Sara Greenwood-Hektoen - 12/28/2021) It was moved by Weiner and seconded by Thomas the Resolution be adopted, and upon roll call there were: Ayes Nays: Absent: Alter X X Bergus x _ Harmsen x Taylor x _ Teague x Thomas x Weiner Prepared by: Scott Savers, Asst. City Engineer, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5142 Resolution No. 22-42 Resolution accepting the work for the Salt Building Demolition Project Whereas, the Engineering Division has recommended that the work for construction of the Salt Building Demolition Project, as included in a contract between the City of Iowa City and ECCO Midwest, Inc. of Cedar Rapids, Iowa, dated November 30, 2021, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Snow and Ice Control Fund, account #22710335; and Whereas, the final contract price is $ 74,444.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 1st day of, march Mayor Attest: City Clerk City Attor y's Office (Liz Craig - 02/24/22) It was moved by Taylor and seconded by Weiner the Resolution be adopted, and upon roll call there were: Ayes: x _- Alter Bergus Harmsen Taylor Teague Thomas Weiner Prepared by: Melissa Clow, Engineering Division, Public Works, ^1oEWashington m.Iowa City, ms2z4o(310)356-5413 Resolution No. 99-64 Roco|UMOO 8CCep6nO the work for the Fuel Facility DEF System Project Whereas, the Engineering Division has recommended that the work for construction ufthe Fuel Facility DEF System Project, as included in a contract between the City of Iowa City and All American Concrete, Inc. ofWest Liberty, Iowa, dated October 13'2821'hoaccepted; and Whereas, the Engineer's Report and the D8rfunnmnoa' p8yn}80t and maintenance bond have been filed in the City Engineers office; and Whereas, funds for this project 8r8avai|abl8inUheFquipmontConto/cted|n1pK8/enlentu8Ccount #81710510:ond Whereas, the final contract price is$71.q00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21od day of March 2022 Mayoo Approved by Attest: City Clerk City Attorl Office �~ (Liz Craig -0]/11/22) |twas moved byWeiner and seconded by Taylor the Resolution be adopted, and upon roll call there were: /\voy: Nays: Absent: Alter u°rgus HannSen Taylor Teague Thomas Weiner 0510 PERFORMANCE, PAYMENT, AND MAINTENANCE BOND FUEL FACILITY DEF SYSTEM PROJECT CITY OF IOWA CITY Bond Number SY99767 KNOW ALL BY THESE PRESENTS: That we, All American Conmete. Inc , as Principal (hereinafter the "Contractor" or "Principal") and IMT Insurance Company as Surety are held and firmly bound unto City of Iowa City, Iowa, as Obligee (hereinafter referred to as "the Jurisdiction"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of Seventy One Thousand Nine Hundhed Dollars & 00/100 dollars ($ 71,900.09 ), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Jurisdiction, bearing date the 27th day of August 2o21 . (hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following described improvements: Diesel Exhaust Fluid (DEF) dispenser, FuelMaster pedestal and related appurtenances at the City of Iowa City Fuel Facility located at 520 McCollister Blvd, at the south end of the Public Work Facility. To faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. It is expressly understood and agreed by the Contractor and Surety in this bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit: PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract, by reference made a part hereof, for the above referenced improvements, and shall indemnify and save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Jurisdiction is required to retain until completion of the Fuel Facility DEF System Project 0510 — Page 1 of 4 improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of two year(s) (2) from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, which thereby increases the total contract price and the penal sum of this bond, provided that all such changes do not, in the aggregate, involve an increase of more than 20% of the total contract price, and that this bond shall then be released as to such excess increase; and C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. D. That no provision of this Bond or of any other contract shall be valid that limits to less than two year(s) (2) after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Jurisdiction including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys fees (including overhead expenses of the Jurisdiction's staff attorneys), and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Jurisdiction will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. Fuel Facility DEF System Project 0510 — Page 2 of 4 In the event the Jurisdiction incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation under this bond shall not exceed 125% of the penal sum of this bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Johnson County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree, jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond and the Contract; second, if not defined in the Bond or Contract, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract is hereby made a part of this Bond. Fuel Facility DEF System Project 0510 — Page 3 of 4 PRINCIPAL: All American Concrete Inc cod; Sirnon Printed meName of �C�onttracMtor Officer By 00 Olt. 1CJ�^'+ ' '� ' ' Signature of Contractor Officer V; Gil! eres id Title of Contractor Officer NOTE: SURETY: IMT Insurance Company Surety Company Name Bytcbt✓l�l�/ - ignature of A ey-in- act Officer Printed Name of Attorney -in -Fact Officer LMC Insurance & Risk Management Company Name of Attorney -in -Fact 4200 University Avenue iQQ0 Company Address of Attorney -in -Fact West Des Manes, IA 5 M(3 City, State, Zip Code of Attorney -in -Fact 515-2440186 Telephone Number of Attorney -in -Fact 1. These notes will be deleted for the executed copy of the contract documents. 2. All signatures on this performance, payment, and maintenance bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 3. This bond must be sealed with the Surety's raised, embossing seal. 4. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety's raised, embossing seal. 5. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this bond must be exactly as listed on the Certificate or Power of Attorney accompanying this bond. Fuel Facility DEF System Project 0510 - Page 4 of 4 IMT 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, bath made, constituted and appointed, and does by these presents make, constitute and appoint Jeffrey R. Baker, Nancy D. Baltutat, Patrick K. Duff, Mark E. Keairnes, Greg T. LaMair, Joseph L Schmit, Christopher R. Seiberling, and Jill Shaffer of West Des Moines and 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 1st day of October 2021 IMT Insurraanncce Company Sean Kennedy, President 'r 2• STATE OF IOWA as: rvTr-N COUNTY OF Dallas } - On this 1st day of October , 2021 , before me appeared Scan 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 fast above written. 4�i is TAMI M SOOA•GOOD z Commission Number816G49 My C miss Expires • ,�„ cL 3 Notary Public, Dallas County, Iowa CERTIFICATE I, Dalene Holland, Secretary ofthe 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 1st day of October 2021 l�W�il-I�-c.-lam+`-^�`+'Y �' _�`��`'�,•�aT :T'�f i'�c Dinette Holland, Secretary A_ SY 06 06 (01/19) ' -N� f-. Tr i r 1 x CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org ENGINEER'S REPORT February 14, 2022 City Council Iowa City, Iowa Re: Fuel Facility DEF System Project Dear City Council: I hereby certify that the Fuel Facility DEF System Project has been completed by All American Concrete, Inc. of West Liberty, Iowa in substantial accordance with the plans and specifications prepared by Shive-Hattery, Inc. of Iowa City, Iowa. The project was bid as a lump sum contract and the final contract price is $71,900. There were no change or extra work orders for the project. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, l Jason Havel, PE City Engineer Prepared by: Joe Welter, Engineering Division, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 22-62 Resolution accepting the work for the 2019-2020 Sanitary Sewer Repairs Project Whereas, the Engineering Division has recommended that the work for construction of the 2019- 2020 Sanitary Sewer Repairs Construction Project, as included in a contract between the City of Iowa City and Lynch's Excavating, Inc. of West Branch, Iowa, dated November 4, 2020, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's Office; and Whereas, funds for this project are available in Annual Sewer Main Replacement, Account Number V3101; and Whereas, the final contract price is $160,680.53; and Whereas, by accepting the work, the City does not waive its other rights under the contract, including the City's right to demand a defense and indemnification by Lynch Excavating, Inc. as provided under the contract. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 22nd day of March Attest: 7 City Clerk 2022 L��Ua__ � r Approved by 4Z=� — City Attor y's Office (Liz Craig - 03/15/22) It was moved by Weiner and seconded by Taytnr the Resolution be adopted, and upon roll call there were: Ayes: X X X X X X X Nays: Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 Resolution No 22-95 Resolution accepting the work for the 2021 Summer Sidewalk Repair Project Whereas, the Engineering Division has recommended that the work for construction of the 2021 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa, dated August 13, 2021, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in account # 22710220; and Whereas, the final contract price is $78,776.15. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 19th day of April . 2022 Attest: V i City Jerk It was moved by Weiner adopted, and upon roll call there were: Ayes: Approved by City Attome s Office (Liz Craig - 04/12/2022) and seconded by Taylor the Resolution be Nays: Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner � r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX www.icgov.org ENGINEER'S REPORT April 5, 2022 City Council Iowa City, Iowa Re: 2021 Summer Sidewalk Repair Project Dear City Council: I hereby certify that the 2021 Summer Sidewalk Repair Project has been completed by Feldman Concrete of Dyersville, Iowa in substantial accordance with the plans and specifications completed by the City of Iowa City. The project was bid as a unit price contract and the final contract price is $77,926,15, There was a total of two (2) change or extra work orders for the project: 1. Liquidated Damages 2, Regrade Parkway Total ($ 1,100.00) $ 250.00 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, `l xt' Jason Havel, PE City Engineer 0510 PERFORMANCE, PAYMENT, AND MAINTENANCE BOND 2021 SUMMER SIDEWALKS REPAIR PROJECT CITY OF IOWA CITY KNOW ALL BY THESE PRESENTS: That we, reioman concrete (hereinafter the "Contractor or "Principer) and bderchants e as Surety are held and firmly bound unto City of Iowa City, to as "the Jurisdiction"), and to all persons who may be Cendltlen3 of Eighty-eight thousand nine hundred s xy Bond in -five Bond NO. IAC592201 as Principal owa, as Voligee tPtumulan— ---- injured by any breach of any of the the penal sum of dollars ($ as ss5 1> lawful money of the United States, for the payment of which sum, well and truly to be me a, we bind ourselves, our hairs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that wt reas said Co tractor entered into a contr ct Wth the Jurisdiction, bearing date the Al day of r O ;' :10, , {hereinafter the "Contract") wherein said Contractor undertake and agrees to construct the following described improvements: Removal and replacement of the existing sidewalk marked for repair as parrot the City's Sidewalk Inspection Repair Program, To faithfullerform all the temns and specified, in a good and workmanlike requirements ani ke ma ner, and naccordance with the Contract Documents. It is expressly understood and agreed by the Contractor and Surety In this bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit: PERFORMANCE: l, and and every covenant, condition, and part off said Contract, by referenceobserve, perform, made abide bymade a part hereof, for the above referenced improvements, and shall indemnify and save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible far the default or failure to perform as required under the Contract and Contract documents by all its subcontractors, suppliers, agents, or employees fumishing materials or providing labor in the performance of the ContrecL 2, PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, Including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Jurisdiction is required to retain until completion of the improvement but the Contractor and Surety shall not be liable to said persons, firms, or 2021 Summer Sidewalks Repair Project Addendum No, 1 Page 1 of 4 corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of one year (1) from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, which thereby increases the total contract price and the penal sum of this bond, provided that all such changes do not, in the aggregate, involve an increase of more than 20% of the total contract price, and that this bond shall then be released as to such excess increase; and C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. D. That no provision of this Bond or of any other contract shall be valid that limits to less than one year (1) after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Jurisdiction including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense' would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys fees (including overhead expenses of the Jurisdiction's staff attorneys), and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Jurisdiction will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. 2021 Summer Sidewalks Repair Project Addendum No. 1 Page 2 of 4 In the event the Jurisdiction incurs any "Outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation under this bond shall not exceed 125% of the penal sum of this bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Johnson County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond orto collectthe monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree, Jointly, and severally, to pay the JurisdicUon all outlay and expense incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond and the Contract; second, if not defined in the Bond or Contract, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or shall not exclude rms or rovisions not shall not limit liability pherrr.hereunder. The Contract is hereby by made a part of this Bond. mentioned and 2t}21 Summer Sidewalks Repair Project Addendum No. t Page 3 of 4 PRINCIPAL: Feldman Concrete Printed Name of Contractor Officer By p�y4o By Signature of ontraCtOr Officer Owner Title of Contractor Officer suRETY: Merchants Bonding Company (Mutual) Surety Company Name Signature Cof Attorney -in -Fact Officer Kim Hess Printed Name of Attomey-in-Fact Officer Tdcor Company Name of Attomey-in-Fact 600 Star Brewery Dr Ste 110 Company Address of Attorney -in -Fact Dubuque, IA 52001 CEty, State, Zip Code of Attorney -in -Fact 563-556-5441 Telephone Number of Attomey-in-Fact NOTE: 1. All signatures on this performance, payment, and maintenance bond must be original signatures In ink; copies, facsimile, or electronic signatures will not be accepted. 2. This bond must be sealed with the Surety's raised, embossing seal. 3. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety's raised, embossing seal. Officer entered on this 4. The name and signature of the Surety's Attorney - bond must be exactly as listed on the Certificate or Power of Attorney accompanying this bond. 2021 Summer Sidewalks Repair Project Addendum No. 1 Page 4 of 4 MERCHANTS BONDING COMPANY - POWER OF ATTORNEY Knew All Persons By Those Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both twng corporations of the Stale of Iowa chereln collectively called the'Companles•) do hereby make, constitute and appoint, individually, Kim Hess their We and lawful Ahomey(s)-in•Facb to sign Its name as sumb(les) and to execute, seal and acknowledge any and all bonds, undertakings, ocrimscls and other wrihen tnstrumems In the nature thereof, on behalf or the Companies In their buslnesa of guaranteeing the Ill ofpelsons, guaranteeing the pedoonance of contracts and executing or guaranteetng bonds and undertakings required or permitted In any actions or proceedings allowed by few. This Power-of•Atlomey 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 Dimcters of MerchantsNatlonal 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 andauthOrity, to appoint Attorrreys.ln-Fad, and to authorize them to execule on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and otherwril obligatory In the nature thereof.' `fhe signature of any authorized Officer and the seal of the Company may be affxed by facsimile or electronic transmission to any Power of Attorney or Certification thereof aulhorizing the axeation and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seai when so used shall have the some force and effect as though manually fixed." In wrinection with obligallons In favor of the Florida Department of Transporlalon only, it is agreed that the power and out hodty, hereby given to the Asomay-In-Fact Includes any and all consents for the release of retained percentages andior final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. II Is fully understood that consenting to the Slate of Florida Department of Transportation making payment of the final estimate to the Contractor endlor Its assignee, shall not relieve this surety company of any of Its obligations under Its bond. In connactlonwiih ohllgasons In favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Atiomeydll-Fact cannot be will or revoked unless prior written personal notiw of such Intent has been given to the Commissioner- Oeparrmentof Nlghways of the Commonwealth of Kentucky at least thirty (10) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and seated this 51h day of August 2021 •... ....... •S101gq� • .�Q�N�.MERCHANTS BONDING COMPANY (MUTUAL) :�cO�e0�pOR4 e0Z; Iy��4PUgA19y,�: MERCHANT NATIONAL BONDING, INC. ;xdr _d_ 0;04:r—:z -e- to csq 2003 ezi : y,• 1933 c: By �'dodk•.. ..•;t�`F •;da'K,..*..•��'�: President STATE OF IOWA COUNTY OF DALLAS ss. on Ibis 51h day of August 2021 before me appeared Larry Taylor, to me personalty known, who being by me duty mom did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seats affixed to the foregoing Instrument are the Corporate Seats of the Companies; and that the said Instrument was signed and sealed in behalf of the Companies by authority of their respective Boards Of DlredOre. all POLLY MASONCommission Number 750576 y11 A&My CommissionFpirasrp jEnuary07, 2023 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 hand and affixed the seal of the Companies on this day of e- 1933 ; Cr.Secretary POA 0018 (1120) For bond verification contact vedWmerchantsbonding.com of Prepared by: Josh Slattery, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 Resolution No. zz-] 1 Resolution accepting the work for the sanitary sewer relocation at 1907 Keokuk Street, and declaring public improvements open for public access and use. Whereas, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications approved by the Engineering Division. Sanitary sewer relocation at 1907 Keokuk Street as co structed by Baker Enterprises, Inc. of Waverly, Iowa. Whereas, the maintenance bonds have been filed in the City Clerk's office; and Whereas, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 3rd day of Mai r Approve y Attest: i` City Clerk r City Attorney' Office (Liz Craig - 04/26/22) It was moved by Wainer and seconded by Tay] or the Resolution e adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter Bergus —� Harmsen x Taylor x Teague x Thomas x Weiner Prepared by: Joe Welter, Engineering Division, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 22-149 Resolution accepting the work for the 2022 Sanitary Sewer Abandonment Project Whereas, the Engineering Division has recommended that the work for construction of the 2022 Sanitary Sewer Abandonment Project, as included in a contract between the City of Iowa City and Lynch's Excavating, Inc. of West Branch, Iowa, dated March .3, 2022, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in Annual Sewer Main Replacement, Account Number V3101;and Whereas, the final contract price is $99,865.90. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of June 2022 Mayor C� Approved by Attest: Aityle'rk City Attorney' Office (Sara Greenwood Hektoen - 06/0112022) It was moved by Bergus adopted, and upon roll call there were: Ayes: and seconded by Taylor the Resolution be Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner Prepared by: Joe Welter, Engineering Division, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 22-17 Resolution accepting the work for the Church - Center Streets Sanitary Sewer Improvements Project Whereas, the Engineering Division has recommended that the work for construction of the Center - Church Streets Sanitary Sewer Improvements Project, as included in a contract between the City of Iowa City and Midwest Concrete, Inc. of Peosta, Iowa, dated November 10, 2021, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's Office; and Whereas, funds for this project are available in Annual Sewer Main Replacement, Account Number V3101;and Whereas, the final contract price is $62,403.17. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 12th day of July r Attest: City Jerk �: J E 2022 Approved by Z� City Attorney; Office (Liz Craig — 07/01/2022) It was moved by Harmsen and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: am Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner Prepared by: Ethan Yoder, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 Resolution No. 22-176 Resolution accepting the work for the College Green, Court Hill, and Happy Hollow Parks Improvements Project Whereas, the Engineering Division has recommended that the work for construction of the College Green, Court Hill, and Happy Hollow Parks Improvements Project, as included in a contract between the City of Iowa City and All -American Concrete Inc of West Liberty, IA, dated August 20, 2020 be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Parks Annual Improvements/Maintenance account #R4130; and Whereas, the final contract price is $82,742.95. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 12 th day of July , 2022 r M Attest: i f it lark Approved by / G . City Attome 's Office (Liz Craig — 07/01/2022) It was moved by Harms en and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner Prepared by: Scott Severs, Assistant city Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 319-356-5142 Resolution No. 22-190 Resolution accepting the work for the Peninsula Well Field Power Redundancy Project Whereas, the Engineering Division has recommended that the work for construction of the Peninsula Well Field Power Redundancy Project, as included in a contract between the City of Iowa City and Price Industrial Electric Inc of Robins, Iowa, dated November 16, 2021, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Peninsula Well Field Power Redundancy account# W3315; and Whereas, the final contract price is $47,000. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 2na day of " 2022 M or r' 1 Approved by Attest: ACityark It was moved by . Weiner and seconded by adopted, and upon roll call there were: Ayes: Nays: City Attor y's Office (Liz Craig — 07/27/2022) Taylor the Resolution be Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner , , e' Prepared by: Melissa Clow, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5413 Resolution No. 22-259 Resolution accepting the work for the PCC Stair Reconstruction and Handrail — 729 and 816 N Dubuque Street Project. Whereas, the Engineering Division has recommended that the work for construction of the PCC Stair Reconstruction and Handrail - 729 and 816 N Dubuque Street Project, as included in a contract between the City of Iowa City and Woodruff Construction of Tiffin, Iowa, dated October 12, 2021, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Iowa City Gateway account # S3809; and Whereas, the final contract price is $39,566.17. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 1 sth day of ortn} r 2022 Attest: City Clerk a#M� City Attom 's ffice (Sara Greenwood Hektoen-10/13/2022) It was moved by Weiner and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: M x Alter x Bergus x Harmsen x Taylor x Teague Thomas �— Weiner 0510 PERFORMANCE, PAYMENT, AND MAINTENANCE BOND PCC STAIR RECONSTRUCTION & HANDRAIL PROJECT CITY OF IOWA CITY KNOW ALL BY THESE PRESENTS: That we Woodruff Construction, Inc., as Principal (hereinafter the "Contractor" or "Principal") and Liberty Mutual Insurance Company , as Surety are held and firmly bound unto City of Iowa City, Iowa, as Obligee (hereinafter referred to as "the Jurisdiction"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of Thirty Five Thousand, One Hundred and Twenty -Five dollars and Zero cents ($35,125.00), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Jurisdiction, bearing date the IZVO day of DGToBErz 2021 , (hereinafter the "Contract') wherein said Contractor undertakes and agrees to construct the following described improvements: At 729 N. Dubuque Street, remove and dispose of the existing handrail and PCC stairs and foundation. Reconstruct new PCC steps including steel handrail, reinforcement, subdrain tile and associated backfill material, fabric and rodent guard, expansion joint material and preparation of subgrade. Site stabilization and sodding to be performed. At 816 N. Dubuque Street, instgll steel handrail at existing steps adjacent to the sidewalk. :r To faithfully perform all the terms and requirements of said Contract within the timetherein specified, in a good and workmanlike manner, and in accordance with the Contract bocWreents. It is expressly understood and agreed by the Contractor and Surety in this bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, t641i1 ,l 1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fuff Il, and abide by each and every covenant, condition, and part of said Contract, by reference made a part hereof, for the above referenced improvements, and shall indemnify and save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractors default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Jurisdiction is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. PCC Stair Reconstruction & Handrail Project 0510 - Page 1 of 3 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of five year(s) (5) from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, which thereby increases the total contract price and the penal sum of this bond, provided that all such changes do not, in the aggregate, involve an increase of more than 20% of the total contract price, and that this bond shall then be released as to such excess increase; and C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. D. That no provision of this Bond or of any other contract shall be valid that limits to less than five year(s) (5) after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Jurisdiction including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys fees (including overhead expenses of the Jurisdiction's staff attorneys), and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor's failure to perform as required in the Contract and Contract Documents, ghat all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Jurisdiction will be fully indemnified so that it will be put into the position it wou_1d have been in had the Contract been performed in the first instance as required, . In the event the Jurisdiction incurs any "outlay and expense" in defending itseff against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation under this bond shall not exceed 125% of the penal sum of this bond. PCC Stair Reconstruction & Handrail Project 0510 - Page 2 of 3 In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Johnson County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond orto collect the monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree, jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond and the Contract; second, if not defined in the Bond or Contract, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract is hereby made a part of this Bond. PRINCIPAL: SURETY: Woodruff Construction, Inc. Liberty Mutual Insurance Company Printed e of r Officer Surety Company Name gy j ��— Signature of ontractor Officer Signature of tt. ey-in-Fact Officer ,�e D Title of Contractor Officer Stacy Venn Attorney -in -Fact Printed Name of Attorney -in -Fact Officer Holmes, Murphy and Associates, �C Company Name of Attomey-in-Fact 2727 Grand Prairie Parkway , Company Address of'Attorney-in-Fact Waukee, IA 50263 City, State, Zip Code of Attorney -in -Fact (515)223-6800 Telephone Number of Attorney -in -Fact PCC Stair Reconstruction & Handrail Project 0510 - Page 3 of 3 NOTE: 1. All signatures on this performance, payment, and maintenance bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This bond must be sealed with the Surety's raised, embossing seal. 3. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety's raised, embossing seal. 4. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this bond must be exactly as listed on the Certificate or Power of Attorney accompanying this bond. oLiberty Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Conpany except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY Certificate No: 8205943-190056 KNOWN ALL PERSONS BY THESE PRESENTS: That The Oho Casualty Insurance Carrion is a corporation diy agarized under the laws of the Stare of New Flarrpship, tat Liberty M111al Insurance Corrpary is a corporationdrAj orgarized trdarthe lain of the Stan_ oFMassachnsev6, and Weg American Insurance Corrpary Is a corp;lrafim dry organized ucerthelannsofthe Stage oflnciam(herein cdledvelycalled die texrlowies),prsrart03ardtyau}gdryFerinsetfbrih does herelajnaneconsfimand appoirt Anne CrDwneG Brian M. Deimerl , Cindy Bennett, C4g E. Hansen, Dione R. Y ouMjay D. Freienmut t Seth D. Rooker, Stacie Chrislereen, Stacy Vent' Tim McCulloh alfoltheciryd Waukee state of L4 each ilwtiulalyitireta Ge mote nn ore roman is iue am iavru aware)4nriamneKe, execute, seal, acl°ladedge and dew. forand on its betalfas suety and as its adarcl deed any and all undertakings, bards, recogrizances and otersureryohigaticrs, In pustaree of these presents and shall be as birdrg upon the Companies as if obey have been duly signed by the presider t and attested by 11e secretary of the Corrparies In their own proper persons. IN WITNESS WHEREOF, this Parer of Attorney has been suscdbed ty an audorized officer or official of the Carpanies and the corporate seals of the Carp3des have been affixed theretotis 13th dayof July , 2021 . Liberty Mltal Laurance Conpany Mau 1Y rasp a The Ohio Casualty InsuranceCarpary �� "P°",�ko 6 °"40^t„ WestAnrericanInsLrance Corrpary a3 "omc$ "a n1912 r+_ 1919 ns� mO �D �iOr�aB,CN°°aas�HAYP4� D rar7 * ha�yl r h�BY nav'vIM rams °ccidarf Sarrabry StatedPENNSYLVAMA ss Co nlydMONTGONERY W Onthis 13th dayof 2021 before ne personally appeared David M Carey, +v&adxnoviledged hinseffto betheAssb'tartSecretig dLrbeny MAW Insurance 8.2 Carparry, The olio Casua Carpary, ai—Iix WestAnmcan zrurarce Cmpary, and dat ho, as such belg audntized so to do, exen�ihe icregdrg rFswrert far the purposes tluvein contained bysigrrrg on behaffoftte corpo atio ns tri hirseff as a duly at.dnaized officer. IN WITNESS WHEREOF, I have hereuntestbscribed try nacre and affixed try notarial seal at King ofPnssr%Perirsylvania, on the clay and yearfirstabvode vmdlten O i wyAo%W STfd aommonwealiB of PennsyNama-NofaySwid F1ye4°d� �di s TeresantgomeryNoAmyCoup Public Montgomery County �,(Ql6�t�G— /Ll/42 OaB OF My ommmiesw eqd� March 28,2020 By: -JT CoinNssion number 11280ib Term Pastiella, Ncta PuiIIC O e VP � Member,Penion— iamoer 11m Wnohihs ry 1Dy 4RVP °tp,N This Power of Atlamey is made and exeaffid pfstartt to and by authority of the fdiw,ing By -lava and Adha¢aliors of The Oho Casualty Insurance Comoary, Liberty Moral' c IrswanceCwWry, and WestArtenian rnsnrarce Conlaryvhch resdidom are nenrin furl face and effect reatirg as fellows: E& ARTICLE by" OFFICERS: Section 12 PalerciAmerney. E° Ary officer or otter official of the Corpaafio n authorized far that plipdse in vnitng by the Chairman or the President and subject to such linihation as the Chairman or the President may prescribe, stall appoint such attorneys -intact as may be necessary to act in behalf of the Corporation to make, execute, seat acknonledge and deliver as su" ro arty and all udertaldrgs, bads, leccgruances and other surety obligation. Such athxneys-irrfact subject to the lirdiations set forth in their respective prime; of attorney, shall c have full paver to hind the Corporation by their signature and execution of any such innvurre is aril to attach thereto the seal of the Corpiration. WYen so executed such Z u instruments shall be as binding as if signed by the President and attested to byr the Secretary. Any pxnner or authority granted to ary representative or awnWin-fact under the pwsiors dths art may be revoked ataryfirre by the Board the Chairmen the President or by the officer or officers granting such pzAerorautouy. ARTICLE XIg' Execution of Contracts; Section 5. Surely Bords and Urd erraldrgs. Ary officer of the Conlary auft&ed for tat purpose invaitirg by the chaimen or the press and su6jectto such limitations as the chaiman or the president may prescribe, shall appoint such attoneys-infact as may be necessary to act in behalf of the Campar y+to make, executo, seal admorllete and deliver as suety arty and all udertdkirgs, bonds, recogrizarres and other surely obligations. Such attorneys-ir4actsuti ce the firritatims setfixih in their respective pavers of attorney, shall have fill pointer to bind the Coerpary by their signature and execution dart' such instruments; and to attach thereto the seal of the Compary. Wien so executed such instruments stall be as binding as ff signed bythe president and attested by the secretary. Certificate of Designadw - The President of the Carpary, acting pasuarttothe Bylaw dthe ton any, aWha¢es David M Carey; Assistant5ectelaryto appoint such attoreys4n- fad as may be necessary to act on behalfd the Company to crake, execute, seat aclvovledge and deliver as suety any and all u dareldrgs, bards, reccgrizances and other surety obligations. Authorization' By unanirro s consent ofte Carpary's Board of Directors, the Corrparyconsents tatfacsirile or mechanically reproduced signature of any assistant secretary of the Conpary, Wherever appearing upon a certified copy Barry pnnerofavarhey issued by the Calpary in connection Wttsurety bonds, shall be valid and brding upon the Company Win the same face and effect as though manually affied L Renee C. Llewellyn the undersigned Assistant Secretary, The Oho Casualty Insurance Corpary, Liberty Mlhal Irsuance Conrpary, and West A erican Insurance Conpany tb hereby certify tat the original ponerofattorney of Mc hthefencimg is a hilt vie and correct copy of the Power dAtiro ey executed by said Carparies, is infull face and effect and has net been revoked IN TESTIMDW WHERE OF, I have hereuin set my tard and affixed the seals ofsaid Conparies this d@yd PP021 CD(80 tNapa. 1991 oery, �A`°rANA ��yReneeC. Llewelvyn Assisart5ecretary Bit • ►N LMS-12873 LMIC OCIC WAIC Multi Co 02121 t p Prepared by: Mari VanDyke, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 22-274 Resolution accepting the work for the Animal Care and Adoption Center Catio Project Whereas, the Engineering Division has recommended that the work for construction of the Animal Care and Adoption Center Catio Project, as included in a contract between the City of Iowa City and The Henley Group, LLC of Muscatine, Iowa, dated April 26, 2022, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Animal Shelter Catio account # Y4448; and Whereas, the final contract price is $70,372.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 1st Attest: City lerk day of November 2022 Approved by City Attorn 's Office (Liz Craig - 10/27/2022) It was moved by weiiaa and seconded by Bprg„s the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner Prepared by: Joe Welter, Engineering Division, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 99-285 Resolution accepting the work for the Pepperwood Plaza Sanitary Sewer Replacement Project. Whereas, the Engineering Division has recommended that the work for construction of the 2022 Pepperwood Plaza Sanitary Sewer Replacement Project, as included in a contract between the City of Iowa City and B.G. Brecke, Inc. of Cedar Rapids, Iowa, dated September 6, 2022, be accepted; and Whereas, the Engineers Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Annual Sewer Main Replacement, Account #V3101; and Whereas, the final contract price is $88,722.50. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 15 th day of Noveuber ,2022 Mqy�pi Attest: VCity ( J —4-LClerk Approved by City Attorney` Office (Liz Craig — 11/09/2022) It was moved by Weiner — and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Beraus --T-- Harmsen Taylor Teague x Thomas x Weiner Prepared by: Josh Slattery, Engineering Division, Public Works, 410 E. Washington St„ Iowa City, IA 52240 (319) 356-5149 Resolution No. 22-298 Resolution accepting the work for the Highland Court Sidewalk Infill Project Whereas, the Engineering Division has recommended that the work for construction of the Highland Court Sidewalk Infill Project, as included in a contract between the City of Iowa City and Midwest Concrete Inc. of Peosta, Iowa, dated September 2nd, 2022, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Highland Court Sidewalk Infill Project account # S3962; and Whereas, the final contract price is $52,056.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of December , 2022 Approved by Attest: �l City Clerk City Attorneys s Office (Sue Dulek -11 /29/2022) It was moved by w ;nPr and seconded by . Ai t-pr the Resolution be adopted, and upon roll call there were: Ayes' Nays: Absent: Alter Bergus Harmsen Taylor Teague Thomas Weiner ..,1A&- CITY OF Iowa CITY 410 East Washington Street Iowa City, Iowa 52240 - 1826 (319) 356 - 5000 (319) 356 - 5009 FAX wvvw,iegov.org ENGINEER'S REPORT November 21, 2022 City Clerk Iowa City, Iowa Re: Highland Court Sidewalk Infill Project Dear City Clerk: I hereby certify that the construction of the Highland Court Sidewalk Infill Project has been completed by Midwest Concrete Inc. of Peosta, Iowa in substantial accordance with the plans and specifications prepared by the Engineering Division of the City of Iowa City. The project was bid as a unit price contract and the final contract price is $52,056.00. There were no change or extra work orders for the project. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerer J_ ason Havel, P.E. City Engineer Bond No. 2526805 0510 PERFORMANCE, PAYMENT, AND MAINTENANCE BOND HIGHLAND COURT SIDEWALK INFILL PROJECT PROJECT CITY OF IOWA CITY KNOW ALL BY THESE PRESENTS: That we, Midwest Concrete, Inc., as Principal (hereinafter the "Contractor" or "Principal") and West Bend Mutual Insurance Company , as Surety are held and firmly bound unto City of Iowa City, Iowa, as Obligee (hereinafter referred to as "the Jurisdiction"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of Fifty Thousand Eight Hundred Eighty -Four dollars ($ 50,804 ), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Jurisdiction, bearing date the 15th day of lulu 2022 , (hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following described improvements: Construction of 4-foot wide sidewalk along Highland Court adjacent to 424 and 1202 Highland Court. The project will include the removal and replacement of roughly 20-feet of sidewalk adjacent to 1210 Highland Court. This project will also include driveway removal and replacement, installation of two trees, adjustment of a manhole, site restoration and other related work. To faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. It is expressly understood and agreed by the Contractor and Surety in this bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit: PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract, by reference made a part hereof, for the above referenced improvements, and shall indemnify and save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Jurisdiction is required to retain until completion of the Highland Court Sidewalk Infill Project 0510 — Page 1 of 4 improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of five year(s) (5) from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the Jurisdiction's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, which thereby increases the total contract price and the penal sum of this bond, provided that all such changes do not, in the aggregate, involve an increase of more than 20% of the total contract price, and that this bond shall then be released as to such excess increase; and C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. D. That no provision of this Bond or of any other contract shall be valid that limits to less than five year(s) (5) after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Jurisdiction including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys fees (including overhead expenses of the Jurisdiction's staff attorneys), and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Jurisdiction will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. Highland Court Sidewalk Infill Project 0510 — Page 2 of 4 In the event the Jurisdiction incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation under this bond shall not exceed 125% of the penal sum of this bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Johnson County State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond orto collect the monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree, jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond and the Contract; second, if not defined in the Bond or Contract, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract is hereby made a part of this Bond. Highland Court Sidewalk Infill Project 0510 — Page 3 of 4 PRINCIPAL: Midwest Concrete, Inc. Ryan Coates Printed Name of Contractor Officer By 5 nature of Contractor Officer Owner Title of Contractor Officer SURETY: West Bend Mutual Insurance Company Surety Company Name By M'tTt'757 Signature of Attorney -in -Fact Officer Kim Hess Printed Name of Attorney -in -Fact Officer Tricor Company Name of Attorney -in -Fact 600 Star Brewgry Dr Ste 110 Company Address of Attorney -in -Fact Dubuque, IA 52001 City, State, Zip Code of Attorney -in -Fact 563-556-5441 Telephone Number of Attorney -in -Fact Highland Court Sidewalk Infill Project 0510 — Page 4 of 4 WEST BEND A MUTUAL INSURANCE COMPANY' POWER OF ATTORNEY THE SILVER LININGO 2526805 Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: 17Pu11111deF Fy lawful Altomey(s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Ten Million Dollars ($10,000,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21.1 day of December, 1999. Appointment ofAttorney-In-Fact. The president or any vice president or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys -in -Fact to act on behalf of the company In the execution of and attesting of bands and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal maybe affixed byfacsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures orfacsimile seal shall be valid and binding upon the company, and any such power so executed and certified byfacsimile signatures andfacsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment maybe revoked for cause, or without cause, by any said officer at anytime. In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate seal to be hereto duly attested by its secretary this 17th day of August, 2021. Attest Christopher C. Z dart Secretary State of Wisconsin County of Washington ppR°oTe- g, Kevin A. Steiner `. ft�SE�• Chief Executive Officer/President ' o+CP' tg: y On the 17th day of August, 2021, before me personally came Kevin A. Steiner, to me known being by duly swom, did depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West Bend Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. Matthew E. Carlton Senior Corporate Attorney Notary Public, Washington Co., WI My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Beard of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this 12th day of September 2022 SJ4yy IK9(r ti SEAI.94 Heather Dunn '"'P� Vice President — Chief Financial Officer Noll Any questions concerning this Power of Attorney may be directed to the Bond Manager at West Bend Mutual Insurance Company, 1900 South 18th Avenue I West Bend, WI 53095 ; Phone: (608) 410-3410 1 Fax: (877) 674-2663 1 w Ahesilverlinhg.com Prepared by: Ethan Yoder, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 Resolution No. 23-31 Resolution accepting the work for the Access Control Upgrade Project Whereas, the Engineering Division has recommended that the work for construction of the Access Control Upgrade Project, as included in a contract between the City of Iowa City and Tri-City Electric Co. of Davenport, Iowa, dated February 3, 2022, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Access Control Upgrade account #G4725; and Whereas, the final contract price is $133,608.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 7th day of FPr unr) 2023 M o ' r _ Attest: LL. City lerk / I Approved by City Atto ey s office (Liz Craig - 01/31/2023) It was moved by Taylor and seconded by Bergus the Resolution be adopted, and upon roll call there were: Ayes x Nays: Absent: Alter Bergus Dunn Harmsen Taylor Teague Thomas ", Prepared by: Ethan Yoder, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 Resolution No. 23-30 Resolution accepting the work for the 2022 Traffic Calming Project Whereas, the Engineering Division has recommended that the work for construction of the 2022 Traffic Calming Project, as included in a contract between the City of Iowa City and Hansen Asphalt, Inc. of Iowa City, Iowa, dated October 18, 2022, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Traffic Calming account #S3816; and Whereas, the final contract price is $65,060.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 7th day of Februar}r 2023 Ma o Attest: V lU Y i - City Clerk Approved by Z/� City Attom 's Office (Liz Craig — 01/31/2023) It was moved by Taylor and seconded by Bergus the Resolution be adopted, and upon roll call there were: Ayes: Nays; Absent: Alter Bergus Dunn Harmsen Taylor Teague Thomas ,, 6 Prepared by: Justin Harland, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 Resolution No. 23-56 Resolution accepting the work for the Rochester Avenue Electrical Conversion Project Whereas, the Engineering Division has recommended that the work for construction of the Rochester Avenue Electrical Conversion Project, as included in a contract between the City of Iowa City and Price Electric, LLC. of Robins, Iowa, dated April 271h, 2022, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Rochester Avenue Reconstruction from Ralston Creek to N First Avenue Project account # S3950; and Whereas, the final contract price is $73,400.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 7th day of March � 2A- or 2023 J Approved by Attest: Iz , ` Ln •, City Clerk City Attor ey s Office (Liz Craig — 02/27/2023) It was moved by Dunn and seconded by Taylor the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: x Alter x Bergus x Dunn x Harmsen Y Taylor x Teague x Thomas Prepared by: Scott Severs, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 Resolution No. 23-101 Resolution accepting the work for the Pedestrian Mall Handrailing Project Whereas, the Engineering Division has recommended that the work for construction of the Pedestrian Mall Handrailing Project, as included in a contract between the City of Iowa City and The Henley Group, LLC of Muscatine, Iowa, dated June 24, 2022, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Pedestrian Mall Reconstruction account # R4340; and Whereas, the final contract price is $ 12,400.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 4th day of April 2023 May -J Approved by Attest: E City Clerk City Attorn 's ffice v (Liz Craig — 03/29/2023) It was moved by Alter and seconded by Dunn the Resolution be adopted, and upon roll call there were: Ayes: M Absent: Alter Bergus Dunn Harmsen Taylor Teague Thomas Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 Resolution No. 23-159 Resolution accepting the Work for the 2022 Summer Sidewalk Repair Project Whereas, the Engineering Division has recommended that the work for construction of the 2022 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa, dated August 25, 2022, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in account # 22710220; and Whereas, the final contract price is $82,017.73. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of June 2023 I 1r I hli2�CJI' R Attest: City Clerk It was moved by Taylor and seconded by adopted, and upon roll call there were: Ayes: x x M Approved by /,�40E- City Attorney' Office (Liz Craig — 06/01 /2023) Alter the Resolution be Absent: Alter Bergus Dunn Harmsen Taylor Teague Thomas (� Prepared by: Justin Harland, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5154 ✓X Resolution No. 23-194 Resolution accepting the work for the Mormon Trek Boulevard Guardrail Replacement Project Whereas, the Engineering Division has recommended that the work for construction of the Mormon Trek Boulevard Guardrail Replacement Project, as included in a contract between the City of Iowa City and Hawkeye Weld & Repair, Inc. of Iowa City, IA, dated March 17, 2023, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in Engineering account # 10710200; and Whereas, the final contract price is $60,.827.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this llth day of July 2023 Qo Ma i Attest: City blerk It was moved by Dunn and seconded by adopted, and upon roll call there were: Ayes: x Nays: Approved by Z/�,�- City Attorn 's Office — 07/06/23 Thomas Absent: x Alter Bergus Dunn Harmsen Taylor Teague Thomas the Resolution be LcX_ Prepared by: Ethan Yoder, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 Resolution No. 23-198 Resolution accepting the work for the Parks ADA Access Project Whereas, the Engineering Division has recommended that the work for construction of the Parks ADA Access Project, as included in a contract between the City of Iowa City and All -American Concrete, Inc. of West Liberty, Iowa, dated November 23, 2022, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Park Annual ADA Accessibility Improvements account #R4132; and Whereas, the final contract price is $43,715.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 11 th day of July , 2023 Mayw Attest: It J 0"41 lc�lyc, 41� City blerk It was moved by Dunn and seconded by adopted, and upon roll call there were: Ayes: x Nays: Approved by City Afforne4ls Office (Sue Dulek - 07/03/23) Thomas Absent: x Alter Bergus Dunn Harmsen Taylor Teague Thomas the Resolution be Prepared by: Ben Clark, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 Resolution No. 23-261 Resolution accepting the work for the Water Treatment Plant Front Meeting Room AN Upgrades Project Whereas, the Engineering Division has recommended that the work for construction of the Water Treatment Plant Front Meeting Room AN Upgrades Project, as included in a contract between the City of Iowa City and Selzer Werdentsch Associates of Iowa City, Iowa, dated November 3, 2022, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Water Front Meeting Room A/V Upgrades account #W3317; and Whereas, the final contract price is $112,773.83. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 19th day of September 2023 Ma�o� Attest: LLI LO City Clerk It was moved by Taylor and seconded by adopted, and upon roll call there were: Ayes: --5F— Nays: Approved by City Attorno's -Office (Liz Craig - 09/14/2023) Thomas Absent: x Alter — Bergus Dunn Harmsen — Taylor —Teague Thomas the Resolution be —•r Prepared by: Shaun Bradbury, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5140 Resolution No. 23-297 Resolution accepting the work for the PV Solar Array — Iowa City Public Works Facility Project Whereas, the Engineering Division has recommended that the work for construction of the PV Solar Array - Iowa City Public Works Facility Project as included in a contract between the City of Iowa City and Acme Electric Company, of Cedar Rapids, Iowa, dated the 28th day of September 2022, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in Account #R4194 - Climate Action Facility Improvement; and Whereas, the final contract price is $127,492.00 Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of November 2023 /l_q_ M6t6r t Attest: City Clerk Approved by Z/�,� City Attorra y's Office (Liz Craig-11/16/2023) It was moved by Alter and seconded by Taylor adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Harmsen Salih Taylor Teague Thomas the Resolution be Prepared by: Joe Welter, Engineering Division, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 24-26 Resolution accepting the Work for the 2023 Dual Extraction System Expansion Project. Whereas, the Engineering Division has recommended that the work for construction of the 2023 Dual Extraction System Expansion Project, as included in a contract between the City of Iowa City and Connolly Construction, Inc. of Peosta, Iowa, dated October 20, 2023, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the RCM Landfill Gas Infrastructure Expansion Project, Account Number L3344; and Whereas, the final contract price is $87,485.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of February 2024 A Attest: i' e- City Clerk It was moved by n,,,,r, and seconded by adopted, and upon roll call there were: Ayes: Nays: Approved by City Atto ey's Office (Liz Craig - 02/01/2024) Absent: X Alter X Bergus X Dunn x Harmsen x Moe x Salih x Teague the Resolution be r L ENGINEER'S REPORT CITY OF IOWA CITY June 12, 2024 City Clerk Iowa City, Iowa RE: City Hall Housing Authority Front Area Remodel Project Dear City Clerk: UNESCOUNESCO CITY OF LITERATURE 410 East Washington Street Iowa City. Iowa 52240-1826 319-356-5000 www.icgov.org I hereby certify that the City Hall Housing Authority Front Area Remodel Project has been completed by Reed Construction LLC of Bettendorf, Iowa, in substantial accordance with the plans and specifications prepared by Shive-Hattery Inc., of Iowa City, Iowa. The project was bid as a lump sum contract and the final contract price is $36.221.67. There was a total of one (1) change order for the project as described below: 01 Maintenance bond, continuous window header, and $2,221.67 fiberglass panel painting I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Lel, P.E. City Engineer FILED 1UN 12 Z024 City Clerk Iowa City, Iowa Prepared by: Marri VanDyke, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 24-169 Resolution accepting the work for the City Hall Housing Authority Front Area Remodel Project Whereas, the Engineering Division has recommended that the work for construction of the City Hall Housing Authority Front Area Remodel Project, as included in a contract between the City of Iowa City and Reed Construction LLC of Bettendorf, Iowa, dated March 27, 2024, be accepted; and Whereas, the Engineer's Report has been filed in the City Clerk's office; and Whereas, funds for this project are available in the Housing Authority Admin Account, account #79490110;and Whereas, the final contract price is $36,221.67 Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this lsth day of June 2024 Ma Attest: City Jerk City Attorneys Office — 06/13/2024 It was moved by xarmsen and seconded by Moe the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Prepared by: Ethan Yoder, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 Resolution No. 24-152 Resolution accepting the work for the ADA Curb Ramps 2023 Project. Whereas, the Engineering Division has recommended that the work for construction of the ADA Curb Ramp 2023 Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa, dated August 23, 2023, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Curb Ramps — ADA account #53822; and Whereas, the final contract price is $87,423.96. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 4th day of June , 2024 t!:g Mayor Approved by Attest: City Clerk City Attor ey's Office (Sara Hektoen — 05/30/2024) It was moved by Dunn and seconded by Bergus adopted, and upon roll call there were: Ayes: x Em Absent: Alter Bergus Dunn Harmsen x Moe Salih Teague the Resolution be Prepared by: Ethan Yoder, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 Resolution No. 24-184 Resolution accepting the work for the 2023 Traffic Calming Project Whereas, the Engineering Division has recommended that the work for construction of the 2023 Traffic Calming Project, as included in a contract between the City of Iowa City and LL Pelling Company, Inc. of North Liberty, Iowa, dated April 14, 2023, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Traffic Calming account #S3816; and Whereas, the final contract price is $47,764.11. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 16th day of July , 20 24 M Attest: _p 1-) ccic' City derk It was moved by Dunn and seconded by adopted, and upon roll call there were: Ayes: Nays: Approved by G ' City Attorney' Office — 07/11/2024 Moe the Resolution be Absent: x Alter x Bergus x Dunn X Harmsen x Moe x Salih x Teague Prepared by: Justin Harland, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5140 Resolution No. 24-204 Resolution accepting the work for the Willow Creek Trail Bridge Replacement Project Whereas, the Engineering Division has recommended that the work for construction of the Willow Creek Trail Bridge Replacement Project, as included in a contract between the City of Iowa City and Boomerang Corp. of Anamosa, Iowa, dated July 13, 2023, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Intra-City Bike Trails Project account # R4206; and Whereas, the final contract price is $76,691.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of August M Attest: Lc./:.p 1'�\� OnaLC&I, City Clerk It was moved by Dunn and seconded by adopted, and upon roll call there were: Ayes: Nays: 2024 Approved by City Attor y's Office (Jennifer Schwickerath - 08/0172024) Moe the Resolution be Absent: Alter Bergus Dunn Harmsen Moe Teague Salih 5' a" Prepared by: Toni Davis, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 Resolution No. 24-214 Resolution accepting the work for the 2023 Summer Sidewalk Repair Project Whereas, the Engineering Division has recommended that the work for construction of the 2023 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and Venture Concrete of Cedar Rapids, Iowa, dated July 28, 2023, be accepted; and Whereas, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in account # 22710220; and Whereas, the final contract price is $84,314.89 Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 20th day of August , 2024 Mayor ro Tem I �. Attest: City berk It was moved by Alter and seconded by adopted, and upon roll call there were: Ayes: Nays: Approved by G ' City Aftorneylfs Office (Liz Craig - 08/15/2024) Moe the Resolution be Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Prepared by: Scott Sovers, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 Resolution No. 24-243 Resolution accepting the work for the Pedestrian Mall Camera Project Whereas, the Engineering Division has recommended that the work for construction of the Pedestrian Mall Camera Project, as included in a contract between the City of Iowa City and Tri- City Electric Company of Davenport, Iowa, dated May 19, 2023, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Police Department's operating budget account # 10410310-474420; and Whereas, the final contract price is $110,858.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 1st day of ctobex: 2024 ar � Approved by Attest: 0 tf City Clerk City Attois Office (Sue Dulek - 09/25/2024) It was moved by Moe adopted, and upon roll call there were: Ayes: X and seconded by Nays:. Salih Absent: x x Alter Bergus Dunn Harmsen Moe Salih Teague the Resolution be M Prepared by: Bryan Dannen, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5413 Resolution No. 24-281 Resolution accepting the work for the Benton Street Bridge Guardrail Replacement Project Whereas, the Engineering Division has recommended that the work for construction of the Benton Street Bridge Guardrail Replacement Project, as included in a contract between the City of Iowa City and Minturn, Inc. of Brooklyn, Iowa, dated July 29, 2024, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Annual Bridge Maintenance & Repair Account #S3910; and Whereas, the final contract price is $29,400.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 19th day of November , 2024 M Attest: 40-C.� City blerk It was moved by MOe and seconded by adopted, and upon roll call there were: Ayes: x x Nays: Approved by G City Attorn 's Office (Liz Craig - 11 /13/2024) Harmsen the Resolution be Absent: Alter Bergus x Dunn Harmsen Moe Salih Teague Prepared by: Josh Slattery, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 Resolution No. 25-08 Resolution accepting the work for the High Street and Southgate Avenue Sidewalk Infill Project Whereas, the Engineering Division has recommended that the work for construction of the High Street and Southgate Avenue Sidewalk Infill Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa, dated August 26, 2024, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the High Street & Southgate Ave Sidewalk Infill Project account # S3984; and Whereas, the final contract price is $87,322.50. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 7th day of Jg1iLiary 2025 Mayor pro Pem Attest:. City Clerk It was moved by Moe and seconded by adopted, and upon roll call there were: Ayes: x_ x Nays: Approved by City Attorn"i`s Office - (Eric Bigley — 12/31 /2024) Alter the Resolution be Absent: Alter Bergus Vacant Harmsen Moe Salih x Teague Prepared by: Joe Welter, Engineering Division, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 25-09 Resolution accepting the work for the 2024 Ridge Road Sanitary Sewer Repair Project Whereas, the Engineering Division has recommended that the work for construction of the 2024 Ridge Road Sanitary Sewer Repair Project, as included in a contract between the City of Iowa City and Lynch's Excavating, Inc. of West Branch, Iowa, dated September 18, 2024, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Annual Sewer Main Replacement Account Number V3101; and Whereas, the final contract price is $78,568.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this ___ILh_ day of Mayor Pro Attest:, City Clerk It was moved by Moe and seconded by adopted, and upon roll call there were: Ayes: X X Nays: 2025 Approved by City Attorn 's Office (Eric Bigley— 12/31/2024) Alter Absent: Alter Bergus Vacant Harmsen Moe Salih X Teague the Resolution be Prepared by: Justin Harland, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5154 Resolution No. 25-21 Resolution accepting the work for the Optical Fiber Cable Installation Along Foster Road & Peninsula Area Project Whereas, the Engineering Division has recommended that the work for construction of the Optical Fiber Cable Installation Along Foster Road & Peninsula Area Project, as included in a contract between the City of Iowa City and MP Nexlevel, LLC of Maple Lake, MN, dated September 24, 2024, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Peninsula Well Field Antenna account # W3332; and Whereas, the final contract price is $29,146.32. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of January 2025 ... „ May r Attest: _C�c., City derk It was moved by Moe and seconded by adopted, and upon roll call there were: Ayes: x. x Nays: Approved by City Atto /ey's Office (Liz Craig — 01/15/2025) salih the Resolution be Absent: Alter Bergus Vacant Harmsen Moe Salih Teague pb Prepared by: Joe Welter, Engineering Division, Public Works, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 25 ' 161 Resolution accepting the work for the 2024 Landfill Camera Movement Project Whereas, the Engineering Division has recommended that the work for construction of the 2024 Landfill Camera Movement Project, as included in a contract between the City of Iowa City and Advanced Electrical Services, Inc. of Iowa City, Iowa, dated November 12, 2024, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the account # 75750121; and Whereas, the final contract price is $34,600.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 8th day of Jul Mayor Attest: a-- Cc r j cx c-e— City Clerk It was moved by Moe adopted, and upon roll call there were: Ayes: and seconded by Nays: 2025 Approved by 9�. City Attor y's Office (Liz Craig — 07/02/2025) salih the Resolution be Absent: x Alter x Bergus x Harmsen x Moe X Salih x Teague x Weilein Prepared by: Michelle Riedinger, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5188 Resolution No. 25-259 Resolution accepting the work for the Animal Shelter Standby Generator Project Whereas, the Engineering Division has recommended that the work for construction of the Animal Shelter Standby Generator Project, as included in a contract between the City of Iowa City and Advanced Electrical Services, Inc. of Iowa City, Iowa, dated June 25th, 2024, be accepted; and Whereas, the Engineer's Report and the Performance, Payment and Maintenance Bond have been filed in the City Engineer's office; and Whereas, funds for this project are available in the Animal Shelter Standby Generator account #Y4447; and Whereas, the final contract price is $174,000. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 3rd day of Attest: City Jerk It was moved by salih adopted, and upon roll call there were: Ayes: November 202 5- _ [ a Mayor and seconded by _ Nays. Approved by City Attor y's Office (Alexandra Bright — 10/30/2025) Moe the Resolution be Absent: Alter Bergus Harmsen Moe Salih Teague Weilein