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Home My WebLink AboutWATER MAIN DIRECTIONAL BORING/20082008 Water Main Directional Boring Informal Bid Project Other Documents in Engineering ~ r ENGINEER'S REPORT September 17, 2008 City Clerk City of Iowa City, Iowa Re: 2008 Water Main Directional Boring Project Dear City Clerk: ~w,~~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org I hereby certify that the construction of the 2008 Water Main Directional Boring Project has been completed by AAA Trenching and Specialized Boring of Norwalk, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Engineering Division. The final contract price is $53,000. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~- ~ ~ -- Ronald R. Knoche, P.E. City Engineer ~, .: ~; ..~ ;~ r~ PERFORMANCE AND PAYMENT BOND Issued in Triplicate RCN 620184 AAA Trenching & Specialized Boring, 4356 Clarke St., Norwalk, IA ,aS (insert the name and address or legal title of the Contractor) Principal, hereinafter called the Contractor and Old Republic Surety Company (insert the legal title of the Surety) P 0 Box 1635 Milwaukww WI 5~z01 , as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of 4;xrv Four Thousand N;nP u„ndred & NO/ on-- Dollars ($ 64.900.00 ~ for the paymen# for which Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. %~~. .-; ~,~ ,.~ ~~ _.~ WHEREAS, Contractor has, as of M,-~-h ~~ ~nnsz ,entered into a ~`` ---•° (date] - " -~ ~~~ ~-.~ written Agreement with Owner for 2008 Water Main Directional Boring Project; and - Y_ --- ~~: WHEREAS, the Agreement requires execution of this Performance and PayAient Bind, to be completed by Contractor, in accordance with plans and specifications pr7epaPed 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 OB>_IGATION 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 pertormed Owners 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 availab{e, 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, {ess 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 fatal 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 far the use of any person, corporation or third. party other than the Owner named herein or the heirs, executors, adm'tnisti•ators 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, shalt 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 far whose benefit this. bond is given. The provisions of Chapter 573, Cod~e+ of Iowa; are a part of this bond to the same extent as if it were expressly set out herein. -- ;~< . _. _~ _. -~ SIGNED AND SEALED THIS . 9th DAY OF May -- ~_.J_.a 20 0 g c:~~ ~ r.. , -.. _ ;'.~ .. `',r '~ IN THE PRESENCE OF: '= r '~ Witness Witness AAA Trenchin~& Specialized Boring /~ (Principal) (Title) Old Republic Surety Company (Surety) C. Brannan (Tale) Attorney in Fact P_(1_ Rnx 1h~5 (Street) Milwaukee, WI 53201 (City, State, Zip) (800) 217-1793 {Phone) Pe-a ii~* ~* OLD REPU3LIC II~6**yF** Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stack insurance corporation, does make, constitute and appoint: M. BITTNER, C. SCHIERNBECK, S. PERSCHAU, C. BRANNAN, P. SALAZAR,;D. ENDERSON, J. ASCHAN, D. BOEHM, A. WULF, OF DES MOINES, IA its true and lawful Attorney(s)-in-Fact, with full power and authority, not exceeding $10,000,000, for and on behalf of the company as surety, to execute and deliver and affix the seal:of fhe company thereto (if a seal is required), bonds; und€~rtakings, recognizances or other written obligations in the nature thereof, (otherthan bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note~uaranty kz~nds, self-insurance workers compensation bonds guaranteeing payment of benefits; asbestosabatement contract bonds, waste management bonds, haz ous waste remediation bonds or black lung bonds)., as follows: ~' i ' ;i'Y~ °~ "'~ .,~ ALL WRITTEN INSTRUMENTS !'' ~`~ -- `~' v ~; ; _ . ) J :_ ~, and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, purs~nt to t~tese presents, are ratified and confirmed. This document is not valid unless printed on colored background and is multi-colored his. appmintment is made under and by authority of the board of directors at,a special meeting held on February 18, 1982. This Power. of Attorney istglgned and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recog- nizances, and suretyshipobligations of all kinds; and said officers may remove any such attorney-m-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond, undertaking, recognizance, or suretyship obligation shaltt~evaiid and binding upon the'Company (i) when .signed.: by the president, any vice president or assistant vice president, and attested and sealed (iF a -seal be required) byany secretaryor assistant secretary; or (i i) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by `a duly authorized attorney-in fact or agent; or (iii) when duly executed and sealed (if a seal- be required) by one or more attorneys-in-fact or agents pursuant to and within the Nmits of the' authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FUFtTHER,thatthe signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of,Attorrtey or certification thereof authorizing the execution and delivery of any;bond, undertakng, 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 affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 2 4TH day o f APRIL , 2 0 0 8 . OLD REPUBLIC SURETY COMPANY „, ,,,, J~JC SURE-Ty s 9; SEAL ;2 = ~,r(i~ o an e = Assistant Secretary ........ ~~ President STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS ~~~"""'°°°""'°~~ On this 24TH day of APRIL, 2008 ,personally came before me, GERALD C. LEACH and RICK A. JOHNSON to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. PAN n '~°: NOTARY 9? Notary Public ~'~ ~'UBl\G =3 ''F ~o~y `, My commission expires: 01 / 18 / 2 0 0 9 '". OF W\5.,.: ,,,~ CERTIFICATE I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached>Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth In the Power of Attorney, are now in force. 40-9999 \,~, DDNlDR~if moo;; Signed and sealed at the City of Brookfield, WI this day of Y o SEAL ;g > O r J IN1 OLD REPUBLIC--,,,,SLTR~~'Y COMPANY ,,,,,,,,, Assistant Secretary ORSC 22262 (2/07) 09- 9-~$-~ 4f 1 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 08-285 RESOLUTION ACCEPTING THE WORK FOR THE 2008 WATER MAIN DIRECTIONAL BORING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2008 Water Main Directional Boring Project, as included in a contract between the City of Iowa City and AAA Trenching and Specialized Boring of Norwalk, Iowa, dated May 19, 2008, 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 $53,000.00. 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 23rd day of ATTEST: CITY LERK tember ,20 08 Approved by " C~c.~ /~ City Attorney's Office J~j y/vg~ It was moved by O'Donnell and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x X x x ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright PW ENGWccept-08W aterMain.doc