HomeMy WebLinkAboutA021 - Letter from Public Works dated October 21, 2019, certifying completion of project and recommending release of financial security Ames,
Smart Choice
Public Works Department
515 Clark Avenue, Ames, Iowa 50010
Phone 515-239-5160 ♦ Fax 515-239-5404
October 21, 2019
Diane Voss,Ames City Clerk
City of Ames
Ames, Iowa 50010
Diane:
I hereby acknowledge that the installation of stormwater best management practices (BMP's)
as required by Chapter 5B of the Ames Municipal Code for the development of Aspen Business
Park 3rd Addition (The Quarters) has been completed in an acceptable manner and verified with
submitted and certified as-built plans.
With the acceptance of financial security for the four-year maintenance of their stormwater
BMP's, it is recommended that the financial security on file with the City for the installation of
the stormwater BMP's for this development be released in full.
Respectfully,
Tracy Warner, P.E.
Municipal Engineer
TW/nw
cc: Designer/Engineer, Developer/Owner,COA Project Planner
Public Works Department 515.239.5160 nwin 515 Clark Ave.P.O.Box 811
Engineering 515.239.5404 juz Ames,IA 50010
www.CityofAines.org
B1223710 t �
v Y
,�a�, -�� 15
PERFORMANCE BOND FOR STORM WATER BEST MANAGEMENT PRACTICES AS
OUTLINED IN MUNICIPAL CODE CHAPTER 5B
KNOW ALL MEN BY THESE PRESENTS THAT Scott Mohs — President
Mohs Contracting Inc 969 39th Ave NW Owatonna , MN 55060
(Here insert the name and address or legal title of the Owner)
a Principal, hereinafter called the Owner, and
Cincinnati Insurance Company Fairfield , OH 45014
(Here insert the legal title of Surety)
as surety, hereinafter called the Surety, are held and firmly bound unto the City of Ames as obligee,
hereinafter called the City in the amount of Sixty Thousand ,25 DOLLARS ($"-60�22
for the payment whereof Owner and Surety bind themselves, their heirs, executors, administrators,
successors and assigns,jointly and severally, firmly by these presents.
WHEREAS, Owner has by approval of their site plan and storm water management plan dated
3/14 20 l,8ntered into a agreement with City for
Storm Water Rptantinn Ponca The Quart rs at Ames
In accordance with drawings and specifications prepared by
City of Ames which Contract is by reference made a part hereof, and is
hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Owner shall promptly
and faithfully install the storm water best management practices shown in the approved site plan and
storm water management plan, then the obligation of this bond shall be null and void; otherwise it shall
remain in full force and effect.
I. The Surety hereby waives notice of any alteration or extension of time made by the Owner.
II. Whenever Owner shall be, and is declared by the City to be, in default under the Contract,
the City having performed the City's obligations thereunder, the Surety may promptly remedy
the default, or shall promptly:
A. Install the storm water best management practices in accordance with the approved site plan
and storm water management plan its terms and conditions or,
B. Obtain a bid or bids for submission to City for completing the Contract to Install the storm water
best management practices in accordance with the approved site plan and storm water
management plan, and upon determination by City and Surety of the lowest responsible
bidder, arrange for a contract between such bidder and City, and make available as work
progresses (even though there should be a default or a succession of defaults under the
contract or 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, including other
costs and damages for which the Surety may be liable hereunder, the amount set forth in the
first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph,
shall mean the total amount payable by Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid by Owner to Contractor.
III. The Owner and his surety shall, in accordance with the provisions of the Code of Iowa be
obligated to keep the improvements covered by this bond in good repair for a period of four
(4)years from the date of acceptance of the improvements by the City.
IV. Any suit under this bond must be instituted before the expiration of four (4) years from the
date on which final acceptance by the City of the installed best management practices.
V. No right of action shall accrue to or from the use of any person or corporation 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 shall, in
accordance with the provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or
corporations having contracts directly with the principal or with subcontractors all just claims due them for
labor performed or materials furnished in the performance of the Contract on account of which this bond
is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if
they were extent as if they were expressly set out herein.
SIGNED AND SEALED THIS 14 DAY OF March AD 2017 IN THE
PRESENCE OF:
J o
e
Witness i% Principal Scott Mohs — Pres,
PreS.-- Mohs Contracting Inc
Witness Title
Sur
et
t,, e r e y Hanson `,
fF
Title Attorney In Fact
Cincinnati Insurance Co
Rev 1-15-15
THE CINCINNATI INSURANCE COMPANY
Fairfield, Ohio
PONVER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That THE CINCINNATI INSURANCE COMPANY,a corporation organized under the laws of
the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint
Jeffrey R Hanson
of Owatonna,MN its true and lawful Atiorney(s)-in-Fact to sign,execute, seal
and deliver on its behalf as Surety, and as its act and deed, any and all bonds,policies,undertakings,or other like instruments,as follows-,
Five Million Dollars and 00/100 ($5,000,000.00)
This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company
at a meeting held in the principal office of the Company, a quortun being present and voting, on the &' day of December, 1.958, which
resolution is still in effect:
"RESOLVED, that the President or any Vice President he hereby authorized, and empowered to appoint Attorneys-in-
Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the
Corporation, and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal; and may with or
without cause modify or revoke any such appointment or authority.Any such writings so executed by such Attorneys-in-
Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duty called and held on the 7" day of December, 1973.
"RESOLVED, that the signature of the 'President or a Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the
Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing
such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and seated
and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company,"
IN WITNESS WHEREOF,THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate
seal,duly attested by its Vice President this 106 day of May,2012.
THE CINCINNATI INSURANCE COMPANY
R SEAL V
Vice President
STATE OF OHIO ss:
COUNTY OF BUTLER
On this 10"day of May,2012,before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY,
to me personally known to be the officer described herein,and acknowledged that the seal affixed to the preceding instrument is the corporate
seal of said Company and the corporate seat and the signature of the officer were duly affixed and subscribed to said instrument by the
authority and direction of said corporation.
%At
MARK J. M LLER,Attorney at Law
%P NOTARY PUBLIC-STATE OF OHIO
t�irA +
0 My commission has no expiration
Ar. of date.Section 147.03 O.R.C.
1,the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY,hereby certify that.the above
is a true and correct copy of the Original Power of Attorney issued by said that the said Power Company, and do hereby further
Attorney is still in full force and.effect. c ertify, of
this GIVEN under y hand and seal of said Company at Fairfield, Ohio.
q, day of -7.
-tm
SSEAL Assistant Secretary
BN-1005 (5/12)
ACKNOWLEDGMENT OF PRINCIPAL
For Individual or Co-Partnership
STATE OF MINNESOTA,
SS.
COUNTY OF
On this day of 20 came before me
personally -76--ibe well know to be the
same gerson who executed the fbregofin—g-iin-sTr—ument,and each sev acknowledged the same
t is own free act and deed.
Notary Public, County,MN
My commission expires
SURETY ACKNOWLEDGEMENT
STATE OF MINNESOTA,
COUNTY OF.
On this —day of 20 before me
appeared
A me personally
know, wh-o_�I—emg diil-y sworn, ct
__ffld say-that eis eAttorney-in-fa -o-Tthe
that the seal affixed to the
ro_reg_oing instrument is the corpora seal of%ait corporation; that'said instrument was signed
and sealed on behalf of said corporation by authority o Board f its Brd of Directors, and
said acknowledge said ins nt to be Zthe . act and deed off saiddy
coreJan.-
BRIDGETTE ANN BOWAR
oun '�
NOTARY PUBLIC c, oun
MINNESOTA NWtary _10' y
MY Commission E�*ft Jan.31,2020 Sf
My co' ission expire
CORPORATE ACKNOWLEDGEMENT
STATE OF MINNESOTA,
ss
COUNTY OF
On this day of 24 before me Personally
_W I
came me ow, [��b7e"g y f me first duty sworn,
did depose and y: liat'hoshe resi --ithaill'Usheisthe
Of the Corporation describe in
9 tfie co orate seal of the said
and which execnUeA-th forego ng,instrument; that he/she-Mi seal; that it
corporation; that the corporate seal affixed to the said instrument is such.corporate
was so affixed by order oT the Board of Directors ati
of id id corporation nd the he/she signed
his/her name to the said instrument by like order,,, hrr" rat,ry, He,, ounty,
BIRIDGE17E ANN BOWAR
NOTARY PUBLIC My
co co is
MINNESOTA My ission expire
MY Commission 50-Jan,31,2020
451-1327
Letter of Transmittal
Date: March 15th, 2017
To: City of Ames
ATTN: Eric Cowles
City Hall
515 Clark Ave.
Ames, IA 50010
Eric,
Attached is the original Performance Bond for Stonn Water Best Management Practices as
Outlined in Municipal Code Chapter 5B for The Quarters at Ames.
Thank you,
dM0HS ������ S a e4-11
Michelle Heller 1 S "k
Project Coordinator 'O
969 39th Ave . North West , Suite A . Owatonna , M N 55060