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HomeMy WebLinkAboutKWS Inc.-11/3/2014CITY OF WA I'FRLOO Council Communication City Council Meeting: October 27, 2014 Prepared: October 21, 2014 Dept. Head Signature: 4-711,0 JU # of Attachments: I( SUBJECT: INTERSECTION OF ANSBOROUGH AVENUE AND DOWNING AVENUE TRAFFIC SAFETY IMPROVEMENTS DOT Project Number: CS -TSF -8155(737)--85-07 City Project Number: TOF-239 Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Accept the bid submitted by KWS Inc. of Cedar Falls, Iowa for $37,400 and award the contract to KWS Inc. Summary Statement This project is funded by a Traffic Safety Grant. The project involves traffic safety improvements by modifying traffic signalization. This is a short term solution for existing safety problems. Left turn lanes are needed as a long term solution for capacity purposes. Expenditure Required: $37,400 Source of Funds: Traffic Safety Funds Grant Policy Issue Alternative Background Information: Traffic Operations Department's routine evaluation of safety situation pin pointed safety issues with this intersection that can be improved by changes in signal phasing. Due to high volume of vehicles and proximity to University Avenue, a Tong -term solution is eventually needed. X- CONTRACT FOR THE CONSTRUCTION OF Intersection of Ansborough Avenue and Downing Avenue TRAFFIC SAFETY IMPROVEMENTS Iowa DOT Project Number: CS -TSF -8155(737)-85-07 City Project Number TOF-239 CITY OF WATERLOO, IOWA This contract made and entered into this R -rs-( day of out— , 2014, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and to as Contractor), WITNESSETH: of CGO a2. , (hereinafter referred Contractor agrees to build and construct the INTERSECTION OF ANSBOROUGH AVENUE AND DOWNING AVENUE TRAFFIC SAFETY IMPROVEMENTS, and furnish 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 $ 37,q00 This contract is not divisible, but in the event of a conflict between this contract and the various instruments ir9corporated by reference, this contract shall govern. Contractor BY: Title: CITY 0 `JTERLOO, IOWA Ma or Approved by the City Council of the City of Waterloo, Iowa, on20Ce, 2014. ATTESTS . rte; City Clerk, Waterloo, Iowa CONTRACT PAGE X-1 Bond #54-201862 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, KWS, Inc. of Cedar Falls, IA. (the "Principal"), andUnited Fire & Casualty Companyof Cedar Rapids, IA. (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum ofTh.irty seven thousand four hundred dollars & N0/ 100 Dollars ($ 37,400.00 ), lawful money of the United States,for the payment of said sum in connection with a contract (the "Contract") dated on or about (t7 a71 / I for the purpose of TRAFFIC SIGNAL WORK ON ANSBOROUGH AVENUE & DOWNING AVENUE WATERLOO . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall 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 shall 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 October 22, 2014 PRINCIPAL SURETY KWS, Inc. United Fire & Casualty Company Name Name By: attk Title: By: -sem' 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 • • . their true''and::laWfitrAti4neY(s)44;i power and authority heietiY„..40e.fied 10 sign, saI and execule in its behatfall lawfull?Pi!(10;:4,1#146rt404g$' and other obligatory instruments of siaillar nature provided that no single obligation shall'exceed: $6 , 000, 000.00 and to bind the C°n1P* tilerC1)T. as ft19.7;,tic. diet the sanie extent as if such instrurnents w,re sigrwd by the duly a u ed s of the Comp ani. es • • The AtithOtityherebYgrantedahaR:-exOirelhe 30th day of December, 201$,.. 601 e0$ sooner revoked hyUN1TU CASUALTY:COWPAISTYi'.'ij*rm fuzg-4 4NIDEWITTY. COMPANY. ANDFNATicIAL-f!Aorio.iNspioNpE:poboif,iNt,... . , ..„ .„: „.. „,. ..„„„ 1 his Power of AttoraiYii::'inide and executed militia:0r to aitithytiiithority of the'f4110*ing byla.W.:itixiyAdOpteifOIMay'l:SVI3c: by the Boards -Of.....::::' - Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNIiY COMPANY, and FINANCIAL PACIFIC INSURANCE "Article VI — Surety Bonds and Undertakings". . . . . . ... ' . . .,. . „ :. ..'• .... ..-ScOtiOn 2;::Af:pointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies MaYiffinn..timeio.: :. .. , '..... -.- . .... ..i...: time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance,:i bonds, ' .. : ••••:' 'v..' tiiidertakingi and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate:Seal, rimy* • ::'.. aflixed by:facsimile to any power of attorney or special power of attorney or certification of either authorized hereby- such tignature and seal, whenso used, being adopted by the Companies as the original signature of such officer and the original seal of the Comikinies;•to he valifl. 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 ....... cuts and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other :officer of . .. „. : ... .. ... .the•ComPaiies may at anytime revoke all power and authority previously given to any attomey-in-fact. . . t6 00111111N • IR 1NSto ...„,,t,,c..6f,:frcyktz:,t vice president and its corporate seal to be hereto affixed this 30th day of DeceMber, , 2013 UNTIED FIRE & CASUALTY COMPANY 'UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY . .. , i.. ':'• . ... CORPORATE VS 'Sr 9 LI -I( CORPORATE ....... . —. '"il • • ei P-— Iti' SE,AL ' • :;..• •• 44 4 titill"%*1/4%.. :i:;*.::'.' cifr.tS4ii :.). i 110%% %lomat, IN WITNESS WHEREOF, the COMPANIES have each caused these presents tobe s ga y t s <,` ioas .41 614tioititititin0 By: • ... ..•.. State Oii.4)41, County of Linn, ss: On 3Oth day of December, 2013, before me personally came Dennis J. Richmann fiThIrrED to nic knOVi4i.ibbbeing•lik:mediilf!Siiiitirn, did depoiiitiiiSay; that hi-lesideS in Cedar Rapids, State of Iowa; that:he:is a Vice President FIRE & CASUALTY COMPANY, a Vice President o!UNITEDP.AhCiFt FIRE & INDEMNITY COMPANY and a Vice President of FIN CIA INSURANCE COMPANY eOrPo era that he knows the seal or-said-corporations,,t the seal affixed to the said nistrunient is such corporate seal, that it was so affixed pursuant, to by the B,:rpod:oraf, -.0f. said and hfC arae theretO•purtiiiittd?,flauthority. orw;4ti acknowledges:be . of . . , . . • • • , •,. „ ::.„ .• Juaith A. Davis Lit Commission number 173S41 Mv cGmmissionexpires: 4.'23/2015 My COMIT11881011 Expires 4/3/2015 etre ...§VALTV'COMPAW44d:.,- • .• •••• • •• . *i6itiik. of1 •:.. • • and Assistant ofFINANCIAL PACIFJC INSLFRANCE C'OMPANY, do hereby certiI that 1 have compared the forcgoing copy ofthe Power the Section ofthe hylaws and olutions oi' said Corporations as set Jorlh in said Power ofAttorney, with the • .• „.„ aid originals, and that the said Power oIAttorney has not hen revokcd and is now in l'uIl Ibrcc and e1ct. In lestimony whereof 1 have hercunlo subscribed my narne and affixed the corporate scal ofthe said orporations this 22nd dayof October, ,20 14 • ...40.-,s.".1X.a.t.4., . • : . . . . COVoltATE "10 •••••• SEAL. .;';•••• itikr11,4 /tit itItfIA% By: ecretary, 1TF&C Assistant Secretary, IJF&I/FPIC ACORD� CERTIFICATE OF LIABILITY INSURANCE 411,....� DATE(MM/DDIYYYY) 10/22/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Elliott Hartman Agency 611 Ansborough Waterloo IA 50704 CONTACT NAME: Mary Kammeyer O (A/C. No. Ext1:319-233-8459 FAXA, No):319-232-0645 E-MAIL ADDREss:maryk@elliotthartman.com LIMITS INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Phoenix Insurance Co. 25623 INSURED KWSIN-1 KWS, Inc. 1125 Lincoln St., PO Box 96 Cedar Falls IA 50613 INSURER B :Travelers Property Casualty Co 36161 INSURER 0 :Travelers Indemnity Co of Conn 25682 INSURER D :Travelers Indemnity Co of Amer 25666 INSURER E :Charter Oak Fire Insurance Co. 25615 INSURER F : CLAIMS -MADE COVERAGES CERTIFICATE NUMBER: 1053198080 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MM/DDIYYYY) LIMITS B GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY DTC06561C894-TIL14 7/15/2014 7/15/2015 EACH OCCURRENCE $1,000,000 TO RENTED DAMAGEPREM PREMISES (Ea occurrence) $100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GE 'L AGGREGATE POLICY X LIMIT APPLIES PRCO-- PER: LOC PRODUCTS - COMP/OP AGG $2,000,000 $ C AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS DT810-6561 C894TCT14 7/15/2014 7/15/2015 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ D X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE DTSM-CUP6561C8941ND14 7/15/2014 7/15/2015 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 DED RETENT ON $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A DTNUB-6561C894-14 7/15/2014 7/15/2015 X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $500 000 E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT $500,000 E Installation Floater Leased/Rented Item QT6602871C475C0F14 7/15/2014 7/15/2015 Limit 500,000 Limit 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Project: Traffic Signals-Ansborough Avenue & Downing Avenue, Waterloo City of Waterloo is an additional insured when required by written contract. CERTIFICATE HOLDER CANCELLATION 1 City of Waterloo Engineering Department 715 Mulberry Street Waterloo IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED - .ter PRESENTATIVE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD