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HomeMy WebLinkAboutKWS Inc-10/1/2012CONTRACT FOR THE CONSTRUCTION OF TRAFFIC SAFETY IMPROVEMENTS AT THE INTERSECTION OF UNIVERSITY AVENUE AND US 63 CITY OF WATERLOO, IOWA This contract made and entered into this i 2 day of L I k2L r-, 2012_, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and KWS , Inc, of Cedar Falls, IA , (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the TRAFFIC SAFETY IMPROVEMENTS AT THE INTERSECTION OF UNIVERSITY AVENUE AND US 63, 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. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR. 3 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 plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before ninety working days from the date of Notice to Proceed and any extension of time that is granted by the City. PAR 6 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 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. PAR. 7 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 FORM OF CONTRACT PAGE VI- 1 PAR. 8 PAR. 9 PAR. 10 PAR. 11 PAR. 12 PAR. 13 PAR 14 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 City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the Engineer. Any material which has been rejected by the construction reviewer shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the Engineer. 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 as stated in the Notice to Bidders, 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) FORM OF CONTRACT PAGE VI- 2 days after a notice to continue or carry it on has been mailed to it at the address 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. PAR. 15 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, in the manner set out in the Notice to Contractors, 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. PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $ 64.458.40. PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, 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. 18 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. 19 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, IOW Mapr City Clerk FORM OF CONTRACT PAGE VI- 3 KI&151 Contractor BY: Title: Councilvf Approve of the City of Waterloo, Iowa, this day of ("Ck7,�b the ) ( City , 20/2: kc) , City Clerk Waterloo, Iowa FORM OF CONTRACT PAGE VI -4 UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE Cedar Rapids, Iowa 52401 319-399-5700 PERFORMANCE AND PAYMENT BOND Bond No. 54186450 KNOW ALL BY THESE PRESENTS, that we K W S 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 Sixty four thousand four hundred fifty eight and 40/100 ($ 64,458.40 ), 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 8th day of October , 20 12 Dollars WHEREAS, the Principal has entered into a certain written contract dated , with the obligee for TRAFFIC SAFFTY IMPROVFMFNTS AT THF INTFRSECTION OF UNIVFRSITY AVENlIF AND US R3 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 (Priv ipal) UNITED FIRE & CASUALTY COMPANY By: Attorney -in -Fact (Seal) UNITED FIRE & CASUALTY COMPANY Home Office - Cedar Rapids, Iowa Certified Copy of Power of Attorney (Original on file at Horne Office of Company - See Certification) Bond # 54186450 CITY OF WATERLOO Obligee 715NIULBERRY STREET WATERLOO, IA 50703 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, consti- tute and appoint SCOTT POPPENS, OR MARY KAMMEYER,'OR SUSAN MEYERHO€F, OR RICHARD ARENHOLZ, OR MATTHEW ARENHOLZ, OR ROBERT C. NEMMERS, ALL INDIVIDUALLY Of 611 ANSBOROUGH AVE, PO BOX 748 WATERLOO, IA 50704 its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all law- ful bonds, undertakings and other obligatory instruments of similar nature as follows: $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 Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire February 6th, 2013 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V - Surety Bonds and Undertakings" Section 2, Appointment of Attorney -n -Fact. 'The President or any Vice president, or any other officer of the Company, may, from lime 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 instru- ments 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 signa- ture of such ofticer 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 hind 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 all power and authority previously given to any attorney-in-fact IN WITNESS WHEREOF, the UNHTED FIRE & CASUALTY COMPANY has caused these ``��" rrne,, presents to be signed by its vice president and its corporate seal to be hereto affixed this s�y,, 8th day of October ,2012 UNITED FIRE & CASUALTY COMPANY CORPORATE —•— SEAL #111DIAPiDS ,NN >_i State of Iowa, County of Linn, ss: On this 8th day of October ,2012 before me personally carne Dennis Richmann to me known, who being by me By Vfee President 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 soaffixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. Mary A. Jansen Iowa Notarial Seat Commission number 713273 My Commission Expires 10/26/2013 Nofj(y Publi My Commission expires October 26, 2013:. CERTIFICATION I, David A. Lange, Secretary of 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 1 have hereunto subscribed my name and affixed the corporate seal of the said Company this 8th day Of October ,2012 "c'ani,r* i BPOA0041102007 KWSIN-1 OP ID: MJK AC -4;71? 4,,f---- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/08/12 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). PRODUCERT 319-233-8459 Elliott Hartman AgencyPHONE PO Box 748 319-232-0645 Waterloo, IA 50701 Scott L Poppens CNAONTACT Mary Kammeyer 319-233-8459 FAX (A/C, No. Ext): (A/C, No): 319-232-0645 E-MAIL o RIESS: maryk a@elliotthartman.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Travelers Property Casualty Co 36161 INSURED KWS, Inc.; Cedar River Contracting 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS C GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY DTCO6561C894-OHX-11 07/15/12 07/15/13 EACH OCCURRENCE $ 1,000,000 DAMAGES (EaRENTEDoccurrence) PREMISES ( $ 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 MI: 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-12 07/15/12 07/15/13 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESSLIAB X OCCUR CLAIMS -MADE DTCUP6561C8941IND-12 07/15/12 07/15/13 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-T1L-12 07/15/12 07/15/13 X TWAT OT- 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-12 QT6602871 C475-PHX-12 07/15/12 07/15/12 07/15/13 07/15/13 Limit 500,000 Limit 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule If more space Is required) Project: Traffic Safety Improvements at Intersection of University Avenue & US 63. The City of Waterloo is an additional insured when required in written contract. CERTIFICATE HOLDER CANCELLATION 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 .�e4 ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD