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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:6lGLtiGi�/ * . CIT"- LERK City Attorney's OfficegJ-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 Pwenghes/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 (319) 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, ,,,e poymem 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 CONDI FIONS 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 Irl 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/Iyer 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 ................................. IM, AL"NISf Illinoiss 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 v"44./J21 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\RES\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 Attorney's 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 City Attorney'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 /-Zj 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 OBLIGA'T'ION 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 MM (Pri cipal) lS4nme V _ (Title) (Surety) Attorney -in -Fact (Title) 500 Iowa St (Street) Dubuque, IA 52001 (City, State, zip) 563-556-5441 (Phone) 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-Altorney 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 Carrrissim res 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 POA 0001 (1/06) Secretary 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 28th 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 =35 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.dx rniSW iOE a CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 3565009 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 $30,950. I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer Bond No. GRIA17036B PERFORMANCE AND PAYMENT BOND Neumiller Electric, Inc., 985 238th (insert the name and address or le Ste 5, North Liberty, IA 52317 title of the Contractor) Principal, hereinafter called the Contractor and Granite Re, Inc. (inset the legal little of the Surety) as as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner,_ in the amount of Fifty -Four Thousand and 00/100 Dollars ($_5 4 000.00 ) 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'llTIMMIN, e° M Liz Mosca, itness F909 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) State of County of On this come($) ACKNOWLEDGMENT OF PRINCIPAL (Individual) 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 k1-,_. Countyof } On this 9 day of JV411_ 6,�_ in the year 2001 , 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 riV, 10(AEa� that he is the ffWVQ�______ 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" Com M1lsslon Number 7359A9 n My Commission Exnn:s r Au ust B, )4; --- - - - 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 Attorney(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 HUET; 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: i 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, Kenneth D. Whittingron, President STATE OF OKLAHOMA ) s E a L ) SS: O i� 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;May 9,2012 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, 1987, 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: Pweng/reslacphvodk-Iw0tyPa rkElecldca17-09.doc NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright 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 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 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: �hl d�G� /111"041 4 - Witness IST P13-2 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 (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 Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: Any and 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 r� 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 1.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 HOMEOFFICE 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. 1114 ,." IusLkr In testimony whereof I have hereunto subscribed my name and affixed the corporate seat of the said Company c`4� `�- this day of 20 . tCORPORATE SEAL D / �ryA C P �rrRlllll\1%'0 Secretary BPOA00190706 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: Pweng/res109summersidewa Ik-acptwork.doc 4110 Bailey Champion Dickens Hayek Mims Wilburn Wright 05-10-10 30 1 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 a6- - 2f 9 r 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 u: 7100 20 10 Approved by ATTEST:�hr� 7C� s� U eE Pym 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: NAYS: ABSENT: Pweng/res/404hazmUde mo-acptwork.doc 7/10 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, 410E. 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�,) hl- `k-aAA-) ((J nn, qubm� CIT LERK CtyAttorney'sOffice Iili1110 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 DC7 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 �,d�sMAYOR .,� /J A Approved by ATTEST: :22�7w CITY bLERK City Attorney's Office )a11011n 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: ) P i 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 C73 C.) 11-16.10 4d 13 Prepared by: Kumi Morris, Public Works, 410 E. Washington Sl., 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: Pweng/res/ca pstrieplacement-acptwork.doe 11/10 NAYS: Wilburn ABSENT: Bailey Champion Dickens Hayek x Mims Wilburn Wright the Resolution be 12-0/-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 u1=41 Approved by / ATTEST: %( ate—moi �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 Sl., 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 13th, 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 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: ► r I ws�s®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 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 N o o' �t C-) 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 r 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 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 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. 11-173 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 Attorney's 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. 11-174 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 201_. MAYOR Approved by City Attorney's Office 5 (1 It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: Pwenglreslasbestosabate-acptwork.doc 5111 NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright 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 RAMI' 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: , � Wil 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 rte; 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 pweng/restacptwork2010stormwtrmgmt.doc NAYS: City Attorney's Office s' 3 t I t i Dickens the Resolution be ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright 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 R-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 pweng/res/awrdwn-randa]I EECeG.doc &44� bk",� MAYOR Approved by City Attorney's Office III 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 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 02� Cs) 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 10, A BAJA 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 t-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 TY 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 Attorney's 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. 11-289 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 Attorney's 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 :.v11 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 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-r, MAYOR Approved by ATTEST: AV.4� e. K 4m-� dGlcfge,� CIT RK City Attorney's 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 '7 (lo 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 ($717,737.10 -------------------------------- ) 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 1:7:39 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-hr-Fact 2100 Fleur Drive (Street) Des Moines, IA 50321 (City, State, Zip) 800-678-8171 (Phone) MERCHANTS BONDING COMPANY POWER OF ATTORNEY Bond 4: IAC 65238 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 (hese 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. • _ANG Cri —;_ -o- , �:3. •z: 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 POA 0005 EMP (1/09) Secretary ime the exec[ COMPA; 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 adopted 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 suchpower of attorney or any certifu:ate 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. I 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 Pull 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 thepreceding 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 Cit TESTIMONY hereunto s City Newark, , New Jersey the day and year first above written. , ficial Seal, 4gtIS I have hereunto Set [fiat 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: 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 VIII 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): BOND Date (Not earlier than Construction Contract Date): August 11, 2009 Amount:. $47,815.30 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,c..e &-5oe"k- (Any additional signatures appear on page 3) UNTMEA ❑ See Page 3 Company: (Corporate SEA Merchapls B ��1P Co any (Mutual) and Intetnahona�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 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312,1984 1 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: $47 816.30 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:. $47,815.30 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,c..e &-5oe"k- (Any additional signatures appear on page 3) UNTMEA ❑ See Page 3 Company: (Corporate SEA Merchapls B ��1P Co any (Mutual) and Intetnahona�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 1984 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 B014D 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 i1 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): 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: KrinQ p Name and tie: Michael P. Foster . -1- _.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): AIA 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 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 50321-1158 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: KrinQ p Name and tie: Michael P. Foster . -1- _.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): AIA 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 A312-1984 6 MERCHANTS BONDING COMPANY POWER OF ATTORNEY Bond 4: 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. r♦ 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 attome (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 adopted 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 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 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 16th 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 (31'9) 356-5044 RESOLUTION NO. 12 -in 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) 350-5145 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/,,;, (/ 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 sept 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 RESOLU'T'ION 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 RK City Attorney's Office g ?d 112 - 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 MZIN 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-/ (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 &i4LM4 4034, City Attorney's Office c///:41 y 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)—IIR- 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 "mm - 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 , 203 /,V� MAYOR Approved by y� ATTEST: (/I.�A .ym. CITY"CLERK City Attorney's Office It was moved by Mims and seconded by Paynes 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 A 6, 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 20j -L—. MAYOR A;Jdl Approved by 44 oz ','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 2114 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 20th 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"k�` CITY CLERK City Attorney's Office -7t-l//L/ It was moved by Throgmorton and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: *4 Pweng/masters/acphvork.doc 7/14 NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 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(As 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) 356-5436 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 $49,548.10. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of October , 20 14 �3 Approved by ATTEST:/4tld-r.-2 7r • .Iit� J�.c o<At�-v-w,i,;vc. CITY C�LERK City Attorney's Office It was moved by trims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES X X X X X x Pweng/masterslacphvork.doe 10/14 NAYS: ABSENT: _ Botchway _ Dickens x Dobyns Hayek _ Mims _ Payne _ Throgmorton 4d(1) Bond Number S428909 Slabach Construction Co Inc aS (insert the name and address or legal title of the Contractor) Principal, hereinafter Called the Contractor and _ Employers Mutual Casualty Company (insert the legal title of the Surety) PO Box 712 Des Moines IA 50306 as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Forty-11VC Thousand Two Hundred Seventeen & no/100ths----- Dollars ($ 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 contacts 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) fes_- Employers Mutual Casualty1Company Nancy D' ffii tidal, Altorney-in-Fact (Title) 4200 University Avenue #200 (Street) West Des Moines IA 50266 ov 1.3 7.014 (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 Chai man and z SEAL,=g? ;�: 1863; o `- i 1953; CEO of Company7 ,. pAUTUq[ / tio�MUTUq� sG9 9 LAUREL A. BLOSS �Ru,Ppo ¢ t Commission Number 183662 �N/NES, \off • • My Comm. Exp. Marl 3,201 On this 12th day of JUNE AD 2013 before mea Notay 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 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,Ppo ¢ t Commission Number 183662 �N/NES, \off • • My Comm. Exp. Marl 3,201 On this 12th day of JUNE AD 2013 before mea Notay 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 ca Had 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-.. 9112-11y entered into a (date) y .,: r x (Jiv, k / , written Agreement with Owner for Communications infrastructure Improvement Protect Flber' Infrastructure Reroute To Vacate North Waste Water Treatment Plant (Project 2014-005 — Sub- 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 centrad 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, [A 50306-0712 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 .......................... ............................................................ .......: .......x:........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!� Oji QOP�• r�gS4 pPPORgP�:9 �. . � Q �� 25 SEAL=;` �? 1563�=a ?;: 1953' dC y:, IOWA J F Z '• • Y . ••, HO 30 : W,WJ+p# IOWA • . \,Su AN,, ,,NSUMp�•, ;J�V 1UA,'C'• :`4�. pGOR �'CO �: 4C.'PPORq eCQ: �«PS. pPPORa'SG: =w SEAL SEAL w-SEALo ' IOWA O•ryONr" UAY.OgP•,- '•, `PM1fOINE5.�0` ` Mu1ua// tio�MUTUq NSG E z ,LYNNIAVERIDGE y,`#, KATHY `x m : Commission Number 780769 o n My Commission Fires October 10, 2016 NINES. toS1 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 mea 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. GUFF, 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 Attorney's Office !� 7 /ef It was moved by Throgmorton and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: Pweng/masse 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's Office/4y/Iy It was moved by Payne and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: i� Pweng/masters/acptworkAm 12/14 Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 12-16-14 4d(3) 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 $108,377.00. 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: Pwe n g lma sterslacphvork. doc 4115 Botchway Dickens x Dobyns Hayek Mims Payne Th rogm o rton 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 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 r nr Attest: 1,1i(_( 1. =\ [,Lt, a -4 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: Approved by 2022 x x x x x x x Alter Bergus Harmsen Taylor Teague Thomas Weiner