HomeMy WebLinkAboutKWS Inc-9/22/2014CITY OF WATERLOO
Council Communication
City Council Meeting: September 22, 2014
Prepared: September 16, 2014
Dept. Head Signature:
# of Attachments: 1
SUBJECT: San Marnan Dr. and LaPorte Rd. Traffic Safety Improvements
DOT Project Number: CS -TSF -8155(736)--85-07
City Project Number: TOF-230
Submitted by: Sandie Greco, Traffic Operations Superintendent
Recommended City Council Action: Accept the bid submitted by KWS Inc. of Cedar Falls, Iowa
for $39,900.00 and award the contract to KWS Inc.
Summary Statement
We sent bid invitations to 3 bidders as well as advertising the invitation and notice to bidders. 2
sealed bids were received:
KWS Inc. $39,900.00
Voltmer $65,981.00
Expenditure Required: $40,000
The costs are 100% reimbursable
Source of Funds: Traffic Safety Funds Grant
Policy Issue
Alternative
Background Information:
This intersection is on Iowa DOT's list of top 200 most dangerous intersections. Based on an
internal Traffic Engineering analysis there are crash patters than can be corrected by certain
improvements. Safety countermeasures are designed accordingly and include upgrading traffic
signalization.
X- CONTRACT
FOR THE CONSTRUCTION OF
Intersection of San Marnan Drive and LaPorte Road
TRAFFIC SAFETY IMPROVEMENTS
Iowa DOT Project Number: CS -TSF -8155(736)--85-07
City Project Number TOF-230
CITY OF WATERLOO, IOWA
This contract made and entered into this AIM) day of SEPT- , 2014, by and between the
City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and
Contractor), WITNESSETH:
of C.Enn2 r S , (hereinafter referred to as
Contractor agrees to build and construct the INTERSECTION OF SAN MARNAN DRIVE AND
LAPORTE ROAD TRAFFIC SAFETY IMPROVEMENTS, and fumish all necessary tools,
equipment, materials, and labor necessary to do all the work called for in the plans and
specifications in a workmanshiplike manner and for the prices set forth in Contractor's
proposal, which was accepted by the City, and which is understood and agreed to be a part
of this contract.
Contractor understands, agrees with, and is bound by the terms of General Conditions of
Contract and Special Conditions of Contract contained in the Contract Documents.
The total amount of the performance bond, based on the Contractor's total bid prices, and for
which 100% surety bond is required is $ 3� 9 oo " .
This contract is not divisible, but in the event of a conflict between this contract and the
various instruments incorporated by reference, this contract shall govem.
Kt.JS,
Contractor •
BY:
Title:
CITY TERLOO, IOWA
efi/V-a'
64/
ayor
Approved by the City Council of the City of Waterloo, Iowa, on , , 2014.
ATTEST , City Clerk, Waterloo, Iowa
CONTRACT
PAGE X-1
Bond#54-201858
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, KWS, Inc. of Cedar Falls, IA.
(the "Principal"), and United Fire & Casualty Companybf
Cedar Rapids, IA. (the "Surety"), are held and finely bound unto the City of Waterloo, Iowa
(the "Obligee"), in the penal sum of Thirty-nine Thousand nine Hundred Dollars & No/ 100
Dollars ($ 39,900.00 ), lawful money of the United States, for the payment of said
sum in connection with a contract (the "Contract") dated on or about
for the purpose of INTERSECTION OF SAN MARNAN DRIVE & LAPORTE ROAD TRAFFIC
SAFETY IMPROVEMENTS . The Contract is incorporated herein by reference as though fully set
forth herein.
Whenever the Principal ¢hall be and is declared by the Obligee to be in default under the Contract,
with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging
that time is of the essence, may promptly remedy the default, or shall promptly undertake to:
1. Complete the Contract in accordance with its terms and conditions; or
2. Obtain one or more bids for completing the Contract in accordance with its terms
and conditions, and upon determination by the Surety of the lowest responsible
bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the
Obligee and the Surety jointly of the lowest responsible bidder, or negotiated
proposal, arrange for a contract between such party and the Obligee. The Surety
will make available as work progresses sufficient funds to pay the cost of
completion less the balance of the Contract price. The cost of completion includes
responsibilities of the Principal for correction of defective work and completion of
the Contract, the Obligee's legal and design professional costs resulting directly
from the Principal's default, and liquidated damages or actual damages if no
liquidated damages are specified in the Contract. The term "balance of the Contract
price" means the total amount payable by the Obligee to the Principal under the
Contract and any amendments thereto, less the amount properly paid by the Obligee
to the Principal; or
3. Determine the amount for which it is liable to the Obligee and pay the Obligee that
amount as soon as practicable.
In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold
Obligee harmless from and against any and all costs of enforcement, including but not limited to
reasonable attorneys' fees and expenses.
Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding,
to consent to each and all of the following matters, without notice:
Performance Bond Page 1 of 2
1. To any extension of time to the Contract in which to perform the Contract.
2. To any change in the plans, specifications, or Contract when such change does not
involve an increase of more than twenty percent (20%) of the total Contract price,
and shall then be released only as to such excess increase.
3. That no provision of this bond or of any other contract ehall be valid which limits to
less than one (1) year from the time of the acceptance of the work the right to sue on
this bond for defect in workmanship or material not discovered or known to the
Obligee at the time such work was accepted.
If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall
remain in full force and effect. In no event shall the Surety's total obligation exceed the penal
amount of this bond.
Terms used herein shall include, as appropriate, the singular or plural number, or the masculine,
feminine or neuter gender.
IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance
Bond as of September , 2014
PRINCIPAL
KWS, Inc.
SURETY
United Fire & Casualty Company
Name Name
By:
Title: 0, p
By: 'Alia
Scott Poppens
Title: Attorney -In -Fact
[attach Power of Attorney]
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
where the project is located.
Performance Bond
Page 2 of 2
UNITED FIRE f•Si CASUALTY COMJ14NY, CEDAR RAPIDS, IA
Inquiries. SuretYpePortment...y..
CogerAN-y,pAtygsToc,is4.Tx 118 s*id *ve.$E
FINANCIAL PACIFIC listStRANICE•tOMPANY, ROMIN, CA Cedar Rapids. 14:52401
CETtilitIED COPY.OF POWER OF ATTORNEY
(original on file at Home Office of Company - See Certification)
KNOW ALL PERSONS BY THESE PRESENTS, That.UNITED HE & CASUALTY COMPANY, a corperation. duly:organized and existing under
the laws of the State of Iowa, UNITED FIRE & INDEMNITY COMPANY a corporation duly organized and existing Under the laws of the State of
Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California
collectively called the -Companies). and having their corporate ltea&ivarters in Cedar Ids. State of ION% does make constitute and appOint.
• SCOTT POPPENS DR MARY KAIVMEiiER 0I MATTHEWARENHOL . OR ROBERT C. Nelsen, OR KATHY NiCCLAT N , ALL
I NitIVIbijA LLY of WATERLOO IA••••• •••••••.' • "'" ".•
- .
• their true and.lav&FAttorney(s)4n-Fiet with power and..authority hereby Conferred to sign, seal andexotute in its beli,If all lawful. -bonds,
•....
undertakings
and other obligatory instruments of similar nature provided that no single obligationshall
exceed $6 , 000 , 000 . 00 .
and to bind the Companies thereby fully and to the same extentaa if such instruments were signed by the duly authorized officers of the Companies
.... I.-
and all Of the acts of said Attorney, pursuant .:.. ifiedanciconfirnied.-
as."to the•authoiiiiherchi, givenand hereby 'i..t .: -: . -:-. ..- • :,-. :.-.''. . ., .. , ... ... •.
... . The AtithOritylereby granted shalt expire.the 3p.th.day.i:ofy::Decembe , ,, 5 1 i...s soOliet` reV.Pke0 i•: . .. . by uNnEb mkt &
...,'•CASUALTY ComPANY,'PlIT413 FIRE & INDEMNITY ... •
COMPANY,... AND FINANCIAL PACIFIC INSURANCE .COMP. ANY.. ,.
Thi
Power ofAttornI:IRE&
ey:is.inatie and-ekecu fed Pursuan t to and by'. authority of the followm g bylaWdidy.adOptedonMaY I5.2011,hy the Boards of.
. -
DirectosPt)fUNITED rsoCASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANct
- „. . •
. . "Article VI - Surety Bonds and Undertakings"
. • -. . .,: Section Z.:Appointment of Attorney -in -Fact "The President or any Vice President, or any other officer of the Companies rilay,.Aom time to ..
::.,-•.tline, aPPOnit by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance;-honds,
undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal Maybe . .
affixed hy:facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; Such signature and seal, • ,
rlieriSonsed, being adopted by the Companies as the original signature of such officer and the original seal of the ComPanies,:te be valid:and . ......
binding upon the Companies 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 Companies by their signature and execution of any such y.
. . .1.... y . instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board ofDirectors or any other officer of
he Companies may at any time revoke all power and authonty previously given to any attorney -in fact ... -
- ,.... , .
. tottouto• .-. . .
-•,... 0,, mgr.,. 0, _OHM/ ffff „ow wank IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by as ..
,,, ff , oc ttisu,?•
, .".. 44.' 4.. l• • C.,‘ .***""*"•••4 • vice president and its corporate seal to be hereto affixed this 30t h day of Detember , 2013
V. ts 0 .:i• ct'''..eP..-.4:0%. . .
CORPORATE
= --, • •2. sa• c-, S. UNITED FIRE & CASUALTY COMPANY
i::: I:: v — • — =y1.. . III UNITED FIRE & INDEMNITY COMPANY
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• SBAL •.: 2 • 0
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t —0 %sr° le4.'1* FINANCIAL PACIFIC INSURANCE COMPANY................
-
otinitio-1` '‘v
By:
.
:-:.,State of lo*a, Co, of Linn, ss:
On 3OtFt day > of December , 2013, before me personally came Dennis J. Richmann
.•
."246 me knoikti;:.Y.thiS being bYme didy.. did depoSentidiay; that he,reSid6a in Cedar RtOida;!Sta of Iowa; thatlieta:a Vice Preikleitit•Of UNITED
FIRE & CASUALTY COMPANY, a Vice President of UNIIEL) FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC
INSURANCE COMPANY theimporatiPM:"40Kribed:liltalld Y.41141:Oecuted theahove inatn,tment;4.114:11,eIutows thpsgal of ait/49rPorationa,,Jhat the;.,
seal affixed to the said rnstrumerit is such corporate seal, that it was so affixed pttranarit to aitiiiitity,:giVeihkthel3iiarclOfbireefOrs:Of said corporations
and that he signed hi name there0plattaiit to i:h10'mitoti(Y,'*4..kktiOkle.clges beiti*.act•Onct.deed;# Said,totttOrations.
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ice President'.
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My Commission Expires 4/23/2015
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Notary y,Piihlic • •
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.•. •••:: My conunission e res: 4/2312015
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Mid:;Asgts'tMi'.ge.t6iir)k:Of EINANCIAL,PACIFIC,INSTIRANCECOIYIPANY,ik, hereby citify:!th4t thave compared the foregoing copy , •-
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In testimony whereof I haVelereunto subscribedlity name andlffhted the ciiri)orate teal:a-the said Corperatiiiiii . -..:,-, ,• •, ......
this 1.6th day of September , 20 14
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