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HomeMy WebLinkAboutK & W Electric-11/12/2013CITY OF WATERLOO Council Communication City Council Meeting: November 12, 2013 Prepared: November 6, 2013 Dept. Head Signature: PH # of Attachments: SUBJECT: FY 2014 Danes Complex Lighting Project Submitted by: Travis Nichols, Facilities Manager Recommended City Council Action: Request Council award and adopt resolution transmitting Contracts, Bonds and Certificates of Insurance for K&W Electric Inc. of Cedar Falls, Iowa for FY 2014 Danes Complex Lighting Project , Danes Baseball Complex, Movilla Street, Waterloo, and approve and authorize the Mayor to sign Contract between City of Waterloo and K&W Electric Inc. Summary Statement: This project provides installation of light poles, footings and field lights on diamond #3 at Danes Complex, Movilla Street, Waterloo Iowa. Expenditure Required: $87,987.00.00 Source of Funds: $72,000 Black Hawk County Gaming Association Grant and $15,987.00 general obligation bonds. Policy Issue: Alternative: Background Information: BHCGA awarded $72,000 for this project on August, 19, 2013. KWElectric Inc. 1127 Lincoln Street P.O. Box 967 Cedar Falls, Iowa 50613 Phone (319)277-0415 Fax (319)277-1418 E -Mail: kwe@k-welectric.com Rich Muller President Brian DeVries Secretary Nick Steinkamp Vice President Facsimile Letter or Transmittal Date: 11-08-13 Company/firm: City of Waterloo Leisure Services Commission 1101 Campbell Ave. Waterloo, IA 50701 Attention: Fax Number: Regarding: Project Number: Travis 2014 Danes Lighting (20460) [ ] 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: The enclosed items are: 3 signed original contracts Performance and payment bonds Certificate of Insurance Please return to us a fully signed contract. Thank you. Document by: Joanna Brown, Office Manager 319-277-0415 Phone 319-277-1418 Fax jbrown@k-welectric.com An Equal Opportunity Employer CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT for FY 2014 DANES COMPLEX LIGHTING PROJECT This Contract made and entered into this 12 day of November 2013, by and between the City of Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and K&W Electric Inc., Cedar Falls, Iowa, hereinafter referred to as Contractor, WITNESSETH: Par. 1 The Contractor shall furnish all supervision, technical personnel, labor, materials, and equipment to perform all work required for the FY 2014 DANES COMPLEX LIGHTING PROJECT described in the specifications and shown on the plans. Par. 2 The Contract Documents shall consist of the following: a. This Agreement b. Notice of Hearing c. Signed Copy of Bid d. Specifications e. Performance Bond d. Payment Bond f. Certificates of Insurance These documents form the Contract and are all fully a part of the Contract as if attached to this Contract or repeated herein. Par. 3 The Contractor agrees to commence the work within forty-five (45) days after the issuance of "Notice to Proceed" and complete the work within the given time frame. Par. 4 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 passageways for water, traffic and protecting any excavation in any street or alley and maintaining proper and sufficient barricades with lights and signals during all hours of darkness and agrees to see that the backfilling is properly done and agrees to keep the City whole and defend any suits that may be brought against it by reason of any injuries that may be sustained by any person on account of doing this work by the Contractor and any agents of the Contractor. Par. 5 The Contractor agrees that in case a suit is brought against the City for damages sustained by reason of any act, omission or negligence of the Contractor or its agents or on account of any injuries 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 CONTRACT page 1 of 2 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 and agrees to carry public liability, insurance in a solvent company in a sufficient amount to protect the City and any and all persons who may use the project. Par. 6 The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. Par. 7 The Contractor agrees to pay punctually all just claims of labor, material, men or Subcontractors, who 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 and lien waivers are received. It is agreed that the City shall bear no liability for payments due for labor or materials under this contract. Par. 8 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 the work, the City agrees to pay the Contractor: Sum of Eighty -Seven Thousand Nine Hundred Eighty -Seven Dollars($87,987.00) City of Waterloo, Iowa Ernest G. Clark, Mayor Contractor: K&W Electric Brian DeVries Suzy Scharr s, City Cler Approved by the City Council of the City of Waterloo, Iowa, this 12 day of November 2013. CONTRACT page 2 of 2 UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE Cedar Rapids, Iowa 52401 319-399-5700 PERFORMANCE AND PAYMENT BOND Bond No. 54187235 KNOW ALL BY THESE PRESENTS, that we K & W ELECTRIC, INC. 1127 LINCOLN STREET, CEDAR FALLS, IA 50613 As principal and UNITED FIRE & CASUALTY COMPANY, an Iowa corporation, having its principal office and place of business in the City of Cedar Rapids, Iowa, and authorized to do business in the state of Iowa , as Surety, are held and firmly bound unto CITY OF WATERLOO 715 MULBERRY STREET, WATERLOO, IA 50703 as obligee, in the sum of Eighty seven thousand nine hundred eighty seven and 00/100 Dollars ($ 87,987.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, Sealed and Dated this 7th day of November , 20 13 . WHEREAS, the Principal has entered into a certain written contract dated , with the obligee for FY 7014 r)ANFS COMP! FX I IGHTING PRO.IFCT NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully perform said contract according to its terms, covenants and conditions and shall promptly pay all persons supplying labor or material to the Principal for use in the prosecution of the work under said contract, then this obligation shall be void; otherwise it shall remain in full force and effect. Subject to the named Obligee's priority, all persons who have supplied labor or material directly to the Principal for use in the prosecution of the work under said contract shall have a direct right of action under this bond. The Surety's aggregate liability hereunder shall in no event exceed the amount set forth above. No claim, suit or action shall be brought hereunder after the expiration of one (1) year following the date on which principal ceased work on said contract. If this limitation is made void by any law controlling the construction hereof, such limitation shall be deemed to be amended to equal the minimum period of limitation permitted by such law CONT0008 1000 K & W ELECTRIC INC (Principal) UNITED FIRE & CASU TY COMPANY By: (Seal) Attorney -in -Fact Sco Poppens UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA UNITED FIRE & INDEMNITY COMPANY, GALVESTON, TX FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) Bond No:.54187235.:\ Obligee:CITY OF WATERLOO 715 MULBERRY STREET` WATERLOO, IA 50703 KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation 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 (herein collectively called the Companies), and having their corporate headquarters 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 611 ANSBOROUGH AVE, PO BOX 748 WATERLOO, IA 50704 their true and lawful Attorney(s)-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 provided that no single obligation shall exceed $6,000,000,00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority, hereby granted shall expire March 8th, 2014 unless sooner revoked by UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. "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 Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies 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 Companies as the original signature of such officer and the original seal of the Companies, to 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 instruments 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 Companies may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this7th day of November ,2013 gviri r• umSu, dtM !b hrr mxn _ <4. 0, P.'24 UNITED FIRE & CASUALTY COMPANY �' P.'24;o= UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY seat r .� a 6`• �� �� i?lif "104r n is `° '''"bitrnttitt‘���� rn By: State of Iowa, County of Linn, ss: Vice President On this7th day of November ,2013 before me personally came Dennis J. Richmann 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 UNITED FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; 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 f said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations Judith A. Davis Iowa Notarial Seal Commission number 173041 My Commission Expires 4/23/2015 A Notary Public My commission expires: 4/23/2015 I, David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of UNITED FIRE & INDEMNITY COMPANY, and Assistant Secretary of FINANCIAL PACIFIC INSURANCE 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 bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Plower 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 Corporations. this 7th day of November . ,2013 • taw �nie r%� `p. rirsUrr4rr . s �d7 d �k ' Q;"os By: aE== V:04 01/0 Secretary, UF&C ,rt lo` lr"�r,,,,,,,u ttlo Assistant Secretary, OF&I/FPIC Inquiries: Surety Department 118 Second Ave SE Cedar Rapids, IA 52401 319-399-5494 BPOA0053 0813 K&WEL-1 OP ID: MJK .4WRLU9 4....... ----CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/07/2013 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). PRODUCER Phone: 319-233-8459 Elliott Hartman Agency Fax:319-232-0645 PO Box 748INC. Waterloo, IA 50701 Scott L Poppens NAMEACT Mary Kammeyer PHONE 319-233-8459 FAX No. Ext): (A/C, No): 319-232-0645 AE-MAIL maryk@elliotthartman.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Travelers Indemnity Co of Amer 25666 INSURED K & W Electric, Inc. P. 0. Box 967 Cedar Falls, IA 50613 INSURER B : Travelers Property Casualty Co 36161 INSURER C 07/15/2014 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUBRPOLICY WVD POLICY NUMBER EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X DTC0-6553C199-TIA-13 07/15/2013 07/15/2014 EACH OCCURRENCE $ 1,000,000 P DREMISEAMAGE TOS (Ea RENTEDoccurrence) $ , 100 000 CLAIMS-MADE X OCCUR MED EXP (My one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE 7 POLICY X LIMIT APPLIES JECTPRO PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS . SCHEDULED AUTOS NON -OWNED AUTOS DT8106553C199-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) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE DTCUP6553C199-IND-13 07/15/2013 07/15/2014 EACH OCCURRENCE $ 6,000,000 AGGREGATE $ 6,000,000 DED X RETENTION $ 10000 $ B 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 DTN-UB-6553C19-9-13 07/15/2013 07/15/2014 X ST- TWCORY LATUIMITS °U - ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 A A Installation Fltr Leased/Rented Item DTCO-6553C199-TIA-13 DTCO-6553C199-TIA-13 07/15/2013 07/15/2013 07/15/2014 07/15/2014 Limit 500,000 Limit 50,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule It more space Is required) Project: FY 2014 Danes Complex Lighting Project 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