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HomeMy WebLinkAboutKWS Inc-10/14/2013KWSInc. 1125 Lincoln Street P.O. Box 96 Cedar Falls, Iowa 50613 Phone (319)277-7503 Fax (319)277-1418 E-mail kws@kwsign 4364 36e Street P.O. Box 426 Emmetsburg, Iowa 50536 Phone (712)852-9077 Fax (712)852-8061 .com Rich Muller President Kevin Martin Vice President Jeremy Brandt Vice President Facsimile Letter or Transmittal Date: 10-17-13 Company/firm: City of Waterloo Attention: Fax Number: Regarding: Project Number: Sportsplex (5964) [ ] Per Your Request [ ] Per Our Conversation [ ] Please Sign and Return [ ] For Review and Comment [ ] Please Review for Corrections [ ] For Your Approval [ ] Please Take Appropriate Action [ ] For Your Information Comments: Items enclosed are: Three signed copies of contract Certificate of Insurance Performance Bond Please return to us a fully signed subcontract agreement. Thank you. Document by: Joanna Brown, Office Manager 319-277-0415 Phone 319-277-1418 Fax jbrown@k-welectric.com An Equal Opportunity Employer VII- FORM OF CONTRACT FIBER OPTIC CONNECTION: CITY NETWORK TO SPORTSPLEX BUILDING (Project Number TOF-219) CITY OF WATERLOO, IOWA This contract made and entered into this I617-1 day of Cie-:( , 2013, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and t a5 , of Le One- Ent , 114 (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 PAR. 5 PAR. 6 Contractor agrees to fully and completely design and build FIBER OPTIC CONNECTION: CITY NETWORK TO SPORTSPLEX BUILDING and furnish all necessary tools, equipment, materials, and labor necessary to do all the work to deliver a fully functional system as per contract sketches and specifications and performing everything necessary 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. It is understood and agreed that the resolution adopted by the City Council ordering approving the contract, the Notice to Bidders as published, the Form of Proposal, the Bonds, the Council Proceedings relating to this matter, and the Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the specifications, and Contractor's own proposal made a part hereof by reference, and to the satisfaction and approval of the City and its Traffic Operations Department and IT Department. The Contractor agrees to perform said work and install said improvements on the terms set out in bid and proposal to the City which has been accepted by the City and which is by reference made a part of this contract. The Contractor agrees to commence said immediately after the contract has been awarded and complete it on or before 30 working days and any extension of time that is granted by the City. Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional FORM OF CONTRACT PAGE VII -1 PAR. 7 PAR. 8 PAR. 9 PAR. 10 PAR. 11 PAR. 12 sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address FORM OF CONTRACT PAGE VII -2 PAR. 13 PAR. 14 PAR. 15 given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. The total amount of the contract, based on the Contractor bid price and for which 100% bond to assure faithful performance of the contract is required, is $ 39,750.00 . After the completion of said work, the Contractor agrees to remove and clean up all debris produced by the project on public streets and buildings, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 16 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. PAR. 17 Should the system fail within the warranty period the Contractor shall correct the failure and deliver a working system. In the event of the failure or default of the Contractor to remedy any or all system failures due to defects in said work within the warranty period and starting from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to shall be the Contractor responsibility. CITY OF WATERLOO, IOWA (ltd Mayor FORM OF CONTRACT PAGE VII -3 Is. Contractor BY: Zi‘A GI f' Title: OS), Approved by the City Council of the City of Waterloo, Iowa, this IWC day of Ock-r n-er , 2013. ATTEST:- -c I- , City Clerk Waterloo, Iowa cry CTeri( FORM OF CONTRACT PAGE VII -4 KWSIN-1 OP ID: MJK ,eliCORo9 `„_ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 10/16/2013 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). PRODUCERCONTACT Phone: 3194334459 Elliott Hartman Agency PO Box 748 Fax: 319-232-0645 Waterloo, IA 50701 Scott L Poppens NAME: Mary Kammeyer 319-233-8459 FAX (AIC. No. Ext): (A/C, No): 319432-0645 AIL ADDRESS: maryk@elliotthartman.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Travelers Property Casualty Co 36161 INSURED KWS, Inc. 1125 Lincoln St., PO Box 96 Cedar Falls, IA 50613 INSURER B : Travelers Indemnity Co of Amer 25666 INSURER C : Phoenix Insurance Co. 25623 INSURER D : $ 1,000,000 INSURER E : $ 100 000 INSURER F : COVERAGES CERTIFICATE NUMBER: 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. LTRIPOLICY TYPE OF INSURANCE NSR WVD POLICY NUMBER EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS C GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X DTC06561 C894-0HX-1207/15/2013 07/15/2014 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 GE 'L AGGREGATE POLICY X LIMIT APPLIES PRO- JECT PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS DT8106516C894-TIL-13 07/15/2013 07/15/2014 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE DTCUP6561C8941IND-13 07/15/2013 07/15/2014 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED X RETENT ON $ 10,000 $ C 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 DTJ-UB-6561C894-TIL-13 07/15/2013 07/15/2014 X TORY LATU- °N - E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 C C Installation Fltr Leased/Rented Item QT6602871C475-PHX-13 QT6602871C475-PHX-13 07/15/2013 07/15/2013 07/15/2014 07/15/2014 Limit 500,000 Limit 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule If more space Is required) Project: Project Number TOF-219 The City of Waterloo is an additional insured on the General Liability when required in written contract. CERTIFICATE HOLDER CANCELLATION 1 WATER -2 Cityof Waterloo Bldg Inspection Dept 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. The ACORD name and logo are registered marks of ACORD Bond #54-195895 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, KWS, Inc. of Cedar Falls, IA. (the "Principal"), and United Fire & Casualty Companyf Cedar Rapids, IA. (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Thirty nine thousand seven hundred fifty dollars Dollars ($ 39,750.00 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about October 15 , 2013 for the purpose of Fiber Optic Connection: City Network to Sportsplex Building City of Waterloo, Iowa . 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 16, 2013 PRINCIPAL SURETY KWS, Tnr. United Fire & Casualty Company Name Name By: 42t. OW' Title: ON), By: Se Scott Poppens Title: Attorney -In -Fact [attach Power of Attorney] NO 1'h: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. na 9� ij9�x9,�•r 9�..e.. 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 & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint SCOTT POPPENS, OR MARY KAMMEYER, OR MATTHEW ARENHOLZ. OR ROBERT C. NEMMERS, OR KATHY MCCLAIN, ALL INDIVIDUALLY of WATERLOO IA its true and lawful attomey-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: Al 1 bonds not to exceed $6,000,000.00 and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attomey, pursuant to the authority hereby given are hereby rated and confirmed. The Authority hereby granted shall expire2lst day of January, 2015 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by Board of Directors of the Company on May 16, 2012. "Article VI - Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company 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 Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke alt power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 21st day of January, 2013 State of Iowa, County of Linn, ss: On 21st day of January, 2013, before me personally came Dennis J. Rlchmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name then to pursuant to like authority, and acknowledges same to be the act and deed of said corporation. UNITED FIRE & CASUALTY COMPANY By Vice President Judith A. Davis Iowa Notarial Seal Commission number 173041 My Commission Expires 04/23/2015 Notary Public My commission expires: 04-23-2015 I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company this 16th day of October 2013 BPOA0014 0113 Secretary