Loading...
HomeMy WebLinkAboutK&W Electric - Dubuque & Osage Rds-8/7/2017XII- CONTRACT FOR THE CONSTRUCTION OF - INTERSECTION OF DUBUQUE & OSAGE ROADS TRAFFIC SAfETY IMPROVEMENTS Iowa DOT Project Number: CS -TSF -8155(745)--85=07 City Project Number TOF-252 CITY OF WATERLOO, IOWA This contract made and entered into this 1 I" ` day of 49„,_51- , 2017, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and k +t,J Contractor), WITNESSETH: of Cecia r L 1 . T --/q , (hereinafter referred to as Contractor agrees to build and construct the INTERSECTION OF DUBUQUE & OSAGE ROADS 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 $ This contract is not divisible, but in the event of a conflict between this contract and the various instruments in orporated by reference, this contract shall govern. Contractor BY: Title: CITY OF WATERLOO, IOWA Approved by the City Council of the City of Waterloo, Iowa, on ATTEST: CONTRACT , 2017. , City Clerk, Waterloo, Iowa PAGE XII -1 Bond Number: 54209395 VI- PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that K & W Electric, Inc. (Name of Contractor) 1127 Lincoln St, Cedar Falls, IA 50613 (Address of Contractor) a hereinafter called Principal, and (Corporation, Partnership, or Individual) United Fire and Casualty Company (Name of Surety) 118 Second Ave, Cedar Rapids, IA 52407 (Address of Surety) hereinafter called Surety, are held and firmly bound unto: City of Waterloo, Iowa (Name of Owner) 715 Mulberry Street waterloo Iowa 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of one hundred eighty thousand dollars ($ 180 .000 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered into a certain contract with the OWNER, dated this 11th day of August 2017, a copy of which is hereto attached and made a part hereof for the construction of: CITY OF WATERLOO — INTERSECTION OF DUBUQUE AND OSAGE ROADS TRAFFIC SAFETY IMPROVEMENTS Waterloo, Iowa Now, therefore, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the SURETY and during the two (2) year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in anyway affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PERFORMANCE BOND PAGE VI -1 PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of the other beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 14t111ay of August , 2017. ATTEST: (Principal) Secretary (SEm l `sem JOANNA M. BROWN _ Commission Number 766871 G v Gomrnicsion Expires 20ak (Witness as to Principal) 1 I oZ`l Lv-sti31 �n S1-, r� (Address) ATTEST: K & W ectric Inc. Principal By (s) 1127 Lincoln St Cedar Falls, IA 50613 (Address) United Fire & Casualty 00mpany (Surety) Secretary Surety Wtaximbiet By Surety /Wsas to Attorne -i-Fact PO Box 748 PO Box 748 Waterloo,IA 50704 Waterloo, IA 50704 (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. PERFORMANCE BOND PAGE VI -2 UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX FINANCIAL PACIFIC INSURANCE'. COMPANY, ROCKLIN, CA CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Ilome Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existingunder the llws 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 lows, does make constitute and appoint SCOTT POPPENS, MATTHEW ARENHOLZ, ROBtRT C. NEMMERS, KATHY MCCLAIN LORI rAGUTAR,' EACH INDIVIDUALLY of Inquiries: Surety Department 118 Second Are SE Cedar Rapids, IA 52401 WATERLOO IA their true and lawful Attorney(s)-iii-Fact with power and authority hereby conferred to sign, seal and execute m 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 therebyas frilly and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of theacts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire the 30t h day of December; 2017 un 1 ess sooner revoked. . by UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY. This Power of Attomey 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 seat, when soused, 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 Cotnpanies 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 shallhave 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 seat to be hereto affixed this 30th day of December , 2015 UNITED FIRE & CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY By: State of Iowa, County of Linn, ss: / Vice President On 30th day. of December, 2015, before me personalty 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 of 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 ADavis Iowa Notarial Seal111 Commission number173041 ` r� r Qotary Public r My Commission Expires 04/23/2018 My commission expires: 04/23/2018 I, David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of 11' ITED FIRE & INDEMNITY COMPANY, and Assistant Sec etary 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 Power of Attorney has not been revoked and is now in full force and effect. In testis.� pay whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this I`j'"' day of /t0,50.5} , 20 17 s..011.1„„„t.,,,i0i�f\t IN11$u ` 0,4 q w Secretary, UF&C Assistant Secretary, OF&UFPIC BPOA0045 0115 ACCORDCERTIFICATE OF LIABILITY INSURANCE 8/14/2017 On vv) 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 NTA NAME: Scott Poppens Elliott Hartman Agency ONE (A/9 CC No Extr319-233-845lac xor.319-232-0645 611 Ansborough Ave Waterloo IA 50704 E-MAIL ADDREss:Sco is P a�elliotthartman.com INSURER(SI AFFORDING COVERAGE NAIC if INSURER A :Travelers Insurance Co. 19046 INSURED K&WEL-1 INSURER B: K & W Electric, Inc. INSURER C: PO Box 967 INSURER D: Cedar Falls IA 50613 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 452149120 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 SUER WVD POLICY NUMBER POLICY EFF IMM/DD/YYYY) POLICY EXP (MM/DD/YYVY) LIMITS A GENERAL LIABILITY DT-CO-6553C199-COF-17 7/152017 7/15/2018 EACH OCCURRENCE 51 000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) 5300,000 CLAIMS-MADE X OCCUR MED EXP (Any one person) 55,000 PERSONAL SADV INJURY 51,000 000 X Contractual GENERAL AGGREGATE 52,000,000 GEN'L AGGREGATE LIMIT APPLIES P511: PRODUCTS - COMP/OP AGG 52,000,000 1 POLICY X dEOT LOC $ A AUTOMOBILE LIABILITY DT-810-65530199-TCT-17 7/15/2017 7/15/2018 COMBINED SINGLE LIMIT fEa accident) 51,000,000 X ANY AUTO BODILY INJURY (Per person) 5 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident)_ $ A X UMBRELLA LIAB X OCCUR DTSM-CUP-8553C199-IND-17 7/15/2017 7/15/2018 EACH OCCURRENCE 55,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE 55,000,000 DED X RETENT ON $10,000 A WORKERS COMPENSATION DTNUB-6553019-9-17 7/15/2017 7/15/2018 X WC STATU- TORY LIMITS OTH- ER ANDEMPLOYERS' LIABILITY TOR ECUTIVE Y / N E.L. EACH ACCIDENT 5500,000 OANY FFICER/MEMBER PARTNER/E (Mandatory In NH) N NIA E.L. DISEASE EA EMPLOYEE 5500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE POLICY LIMIT 5500,000 A Installation Floater Leased/Rented Item Professional Liability 6605458L365 7/15/2017 7/15/2018 Limit 1,000,000 Limit 100,000 Limit 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Project: Intersection of Dubuque and Osage Roads Traffic Safety Improvements, Waterloo, IA CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry St 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 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD