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HomeMy WebLinkAboutKWS Inc.-11/3/2014 (2)CITY OF WA'I'ERLOO Council Communication City Council Meeting: November 3, 2014 Prepared: October 27, 2014 Dept. Head Signature: # of Attachments: 1( SUBJECT: Intersection of Fletcher Avenue and University Avenue Traffic Safety Improvements Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Award contract for traffic safety improvements to KWS, Inc. of Cedar Falls, Iowa Summary Statement We received 1 bid from KWS of Cedar Falls for $52,000. It was $2,000 more than the grant amount. We exercised our right under the terms of Contract Documents to reduce job size due to financial matters. We omitted 1 item that was not part of the benefit cost analysis to save $5,145. The new amount is $46,855. We have KWS consent and Iowa DOT approval. Expenditure Required $46,855 Source of Funds Traffic Safety Grant Policy Issue Alternative Background Information: The proposed improvements will consist of improving traffic signals, pavement markings, and signage. X- CONTRACT FOR THE CONSTRUCTION OF Intersection of University Avenue and Fletcher Avenue TRAFFIC SAFETY IMPROVEMENTS Iowa DOT Project Number: CS -TSF -8155(738)-85-07 City Project Number TOF-238 CITY OF WATERLOO, IOWA This contract made and entered into this 39-0 day of 3 , 2014, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and 1� I �ie1L, of cre.. , (hereinafter referred to as Contractor), WITNESSETH: Contractor agrees to build and construct the INTERSECTION OF UNIVERSITY AVENUE AND FLETCHER 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 $ 4(0,13 ss . 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 govern. Contractor BY: 14.63.14.N3 WI A P-Tio Title: J. pi CITY OF WATERLOO, IOWA Mayor Approved by the City Council of the City of Waterloo, Iowa, on , 2014. ATTEST: , City Clerk, Waterloo, Iowa CONTRACT PAGE X-1 X- CONTRACT FOR THE CONSTRUCTION OF Intersection of University Avenue and Fletcher Avenue TRAFFIC SAFETY IMPROVEMENTS Iowa DOT Project Number: CS -TSF -8155(738)-85-07 City Project Number TOF-238 CITY OF WATERLOO, IOWA This contract made and entered into this 19.0 day of 1V0J , 2014, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and ILL to,3,5 to as Contractor), WITNESSETH: of 42 S , (hereinafter referred Contractor agrees to build and construct the INTERSECTION OF UNIVERSITY AVENUE AND FLETCHER 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 $14(01 35 . This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. Contractor BY: 14 0144 MIA R Title: Jap, CI (OFA ATERLOO, IOW Mayor Approvedb the City Council of the City of Waterloo, Iowa, on l i ATTEST: CONTRACT 2014. , City Clerk, Waterloo, Iowa PAGE X-1 Bond #54-201863 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, KWS, Inc. of Cedar Falls, IA. (the "Principal"), andunited Fire & Casualty Companyof Cedar Rapids, IA. (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Forty six thousand eight hundred fifty five dollars & N0/ 100 Dollars ($ 46,855.00 ), lawful money of the United States, fote payment of said sum in connection with a contract (the "Contract") dated on or about /0/31114 for the purpose of TRAFFIC SIGNALS AT UNIVERSITY & FLETCHER 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 asof October 22, 2014 PRINCIPAL KWS, Inc. Name By: SURETY United Fire & Casualty Company Name By: 'tett-�� Scott Poppens Title: 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 itz CA.SVAXTY CONPANY,-.P.EPARJRATIO5, L& Inquines Surety Dpartnient UNITED FIRE*INDEMNITY COMPANY. A1S Sciiftd Ave SE • . • • ..• ANCIALRACIPIC INSURANCEXOMMANWROCIMIN, CA Cedar Rapids, L4 CERTIFIED CO?Y (W POWER OF ATTORNEY (original on file at Home Office of Company - See Certification) KNOW TgOtg,PustOTs:Thotgi.-2•.:tlitkOp CASUALTY COMPANY, Oiiiiiiroo#A*prpoietvA44 existingionor the la*.t§:othq.State of Iowa, UNIftl:IFIRE&:INDEMNITY::CO ., a corporationduly org ,und.-axianngnagr the.,Aws.:pf the Stateof ::11!TeXaS;an4.EINANCIAL pAgkipli-tOttgANcT'pcIMP•ANt4;EeetptittOett duly'..urianizadantI:Otiating *or the **Of:the State of California call: -ed the Companies),theit:OoMiorite bead' ers Raind of Rnit doeilna/0 .6;institutO:and aptininf SCOTTZPOPPENS ,11HEW:...'ARNHcIL . OR Ft00egit C wmwgp,:•;'•Prt KAThY £VCCLA1NI, ALL INDIVIDUALLY of WATERLOO Or true aticIloyfnl'AtturnaY(s)40fact.With power and.authoTity hereby.confer6d tO::::Ogli, seal and m its baltalfalljawfullvp*„..undertakingo and other obligatory instruments of similar nature provided iti.4 no sing e obligation shall 'exceed . $6,000,000.00 and to.:bind the Companies thereby as fullyAnd to the same extent.ns if such instruments were signed by the duly authorized officers of the Companies -.11...i:.." ari'd'itil Of the acts of Said AttorriaY,'Finirsuant to 4i0:440iityi49rby: o.y6n and hereby ratified • ,.. ..:;:k . ' ' .:,:.:; ::,. .:.•:.: '...': : '':: ::•.„.. :.::::::- • ....-:: ::.' •,:::.:.. The kith6iitsi.,:fierebY::grali*d shali-exir6iiie 30t i:::.t..y::Of •.:tledeliiii/i,..::;: 2015. tio ess ::.tingii.,,• revoked : ::: ":. '''.'..• .;.: .':::'fiY•PNITEP'Fit.t. t‘-..::.! '••:i I ...:. -•:•'''CASTIALTYCOMPANY.:-UlsthEb FIR.E4i INDEMNITY COMPANY AND FINANCIAL PACIFIC INSURANCE CONITANY.::.:'.. This Power of Attoniekii made and 'ejtiRuted purStinitto and i*authority of the following bylaw duly adopted unMay 15.,..2013, by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE "Article VI - Surety Bonds and Undertakings" SeCtinii-Zi'Appointment of Attorney -in -Fact "The President or any Vice President, or any other officer of the Compaiiietrinty;..fron.time....i.O..... time, appolnt by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insiiiino,,:tiotyls, ':.:. •,..i: undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate may be ::::: :i::::•- •::•• ...,•-• ,,..olfiked by..„facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such'''Slitiatuke. and seal, - . '.:..,,,-• 1;Viien SOnsed, being adopted by the Companies as the original signature of such officer and the original seal of the CompaniUstUlie viilid::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 .... ,..... iiiarnimentt and to attach the seal of the Companies thereto. The President or any Vice President, the Board ofDirectors orany other.offi4i of ::.:...: theCompanies may at any time revoke all power and authority previously given to any attorney-in-fact. ., cmsvii. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its , ...i : .... '4). ,..'r.,;izsv,-,574.f.i.t. , vice president and its corporate seal to be hereto affixed this 30t h day of DeCetfiber, 2013., -:....... • ./.. ti, 4.2, doittioltii* _SR, J. %.71- 4' '-':.2 opt OS nriE Z ZE:"" WLY 2g 10 .... UNITED FIRE & CASUALTY COMPANY ::.::::.. ..: ........., : • ..I1..1.t.. 93 1 aB _ .1.A..,..;.-: UNITED FIRE & INDEMNITY COMPANY Lc r -'z i ..,i 3 SiW V FINANCIAL PACIFIC INSURANCE COMPANY 44iniiiiiiitois0 -• ......::Stat e of Io*a, County of Lmn, ss: By: -42...-...........;—f ice President .::'!:'• Oti:::,:30-fni:::.diii..'-of:''‘.DOcember , 2013, before me personally came Dennis J. Richmann ,...,...,........... -.,.. ...•.., ...........,.., .. ...... „,... „. , ... ... to me known beir4 bYnie iftily4W6iii, did dePoiiiiidiay; that he resides in eidir Rifick!!'kitenf Iowa; thifliiiiii Vice Prudent I.INITth '' '::::'.:.''.:i:::: FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC gs,w1k4k.NCT COMPANY theVO.FPPra0C.**9Fibe4iW:'*!.4WI*Ii;:Oacuted the above instWeitthat;ileijopyo,*;eal. of Vtirt,:icOrporaticfp;*4 the seal Ofilied.40the said iinitriment*Si-snelicoppote seal, thitiltit Winx!iic::10fixed pursuant to atittiOritygiYerthYtheBOaniUfDirectorS-Uf said cMporationSi,:: di.ath.64ned hianauii thOretOniti4it to'lli0'. 'orify,'ainiatkii*.ladges*on bohe=actnnftaeed;:!4tiitiOoroniationa. .".:':.. :•:;. -.i'i,i.-. 4,14,c lOwetilotartal Eeni 4uni1i1 A: Drn4S: A: NotaryPUhlic Commjsslon nurimerv..4044 -.My corinnission pires: 4/2312015: My Commission Expires 4/23/2015 ,... . . Lange, iii,...,:f.ev,. , flimiT81),F1RE & ,c.AsijAL:ry...• .;....omp.• • ••••••-• ,..-,-..„4 A*is..ttin, .... t-!•etretary of -: : ... ... ...:':.....;1.ftii.......'. :aiiii.:-'•dr..:::. ITtlatTIRE:-WeiNDMINTITY. • COMPANY '••• • e P fibairid.:A. .. :e.4--.,.0 ''' q-fli2 Av'.' COMPANYp::.:',43. hereby ootifY--00.t1*:ve compared th?.dfPirgill'1,..AoPttoi,94.i,Hith..ih:':ii.,...:-' *(1.:,,A s,,,..otaii f s... -<.,.,.,,,..t.., .::P.. FINANCIAL ii-.:. .:......• - .. - ::-/: • , .- ,,,„,,,„,..,-,.::... ::::,f ,T,ACEFIc;..TN.c-t. ....,..- -... of —, e ..',.,,li,:f 4.46•16r. an '•• : FILE iNtHE:,-,,..„...,.,„_;.....-.::. SAID.. : •::.../. •.1 effect.. . :•..,:.., • , .. .. ::, :....: ' . ,.• ::,:,,:.• y..... :.,,;::::.:. . i:k :: i.„:,:n.....!:..). ..:: .....:1•,'•::::'. .::, ORIGINALS ... ON .• of the Section of the-byfONS•,Art4"iesotai... 6ks *14(1:C9 rP...' ......raii,:ani as set tratikitlt i*th.• ::1110,.:4,1010re'. loolli,7L?itlpf 01.0.:.41.-.0' to•.•,:;:of.i.th e:.::::::::: d '454111' and "n4),741:4-ty OFFICE ritr,.-C: OttPolZATIOIlg •]ild....:th(hq....?:aVg-40 correct...,..,. * ,:-.- .....: ..i::::. ::::i.:.::,.':-.:•, .:::...... :::::: .:-...'::: ,... ::.::'.... . In testimony whereof I liiiVelireunto subscribed itly name an std otii4i,4.,,...0.44;..thatli. said I.oyot,...9t...,A,.., komey hai:49!.,.ii„...ipti.,:tevoiet !,t).:4:.j:61A0th*kq66f#iii5oYralori:iiiiii ;(1...6f,...ihesai. orpo d C iiiciiii .'••• • - ' • .•.' ' • this 22nd . day of October , 20 14 • ....;:::•.::•„..'.- ..'::',•••:•••: •-•::::4011130.4;;;-4.-...,...., ,....,:•.:. -,...0,014444„,::::,... L0045 O13 ......y. . . 44c,g0 4"0 ....:.:Q ...t.,,,..:so- '',,,LAV ....... 4.$`'.4AJ,1:':?,' • ': ':::•:::149.7•:. ....: -. ri+0",:' :•:,,t`r, o : 74 ,s."1. 4' /41%crt.;4: •Ift .. • :.%." .41:truntuttit0 0 : (,....w......,.. oRivitATE...7to 117.4?"..? 0.iik: .. ,,...: •,.r.t:::::::.: .9,,,,,,, .', ;pa. z . • • ••••'•••.' •••••• Secidtary; UF&C Assistant Secretary, UF&I/FPIC • AWRD® CERTIFICATE OF LIABILITY INSURANCE `.r...r-*-- DATE(MMIDD/YYYY) 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). Elliott Hartman Agency 611 Ansborough Waterloo IA 50704 CONTPRODUCER NAME: Mary Kammeyer PHONE FAX (A/CA.ILo. Extt:319-233-8459 (A/C, No):319-232-0645 ADDREss:maryk aOelliotthartman.com 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 a :Travelers Property Casualty Co 36161 INSURER c :Travelers Indemnity Co of Conn 25682 INSURER D :Travelers Indemnity Co of Amer 25666 INSURER E :Charter Oak Fire Insurance Co. 25615 INSURER F : COVERAGES CERTIFICATE NUMBER: 1236506623 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/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS B GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY DTC06561C894-TIL14 7/15/2014 7/15/2015 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED 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 GEN'L AGGREGATE 7 POLICY X LIMIT APPLIES JECOT 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 UMI i (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 Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A DTNUB-6561C894-14 7/15/2014 7/15/2015 X WC STATU- OTH- TORY LIMITS _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 / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Traffic Signals -University & Fletcher Avenue, Waterloo City of Waterloo is an additional insured when required by written contract. CERTIFICATE HOLDER CAN I 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 REPRESENTATIVE ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. 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