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HomeMy WebLinkAboutK&W Electric Inc.-3/12/2018XII- CONTRACT FOR THE CONSTRUCTION OF 5TH AND 6TH STREETS TRAFFIC SAFETY IMPROVEMENTS Iowa DOT Project Number: CS -TSF -8155(749)--85-07 City Project Number TOF-276 CITY OF WATERLOO, IOWA This contract made and entered into this 1'2:141 day of Yla,J-vk , 2018, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and _14 1- I,J E 1 e c, Tv,1- of C,ectsw-4,--:j , (hereinafter referred to as Contractor), WITNESSETH: Contractor agrees to build and construct the 5TH AND 6TH STREETS 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 $ 500, (000 O). 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. U I4J C(ec Contractor BY: Title: V„ , a, ' i^P. s! (to., ✓/ CITY OF WATERLOO, IOWA Mayor Approved by the City Council of the City of Waterloo, Iowa, on Parr -VN 1 ?2018. ATTEST: CONTRACT City Clerk, Waterloo, Iowa PAGE XII -1 VI- PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that K & W Electric, Inc,. (Name of Contractor) Bond Number 54209399 1127 Lincoln St, Cedar Falls, IA 50613 (Address of Contractor) a Corporation 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 (Addresc of rhunarl hereinafter called OWNER, in the penal sum of_five hundred thousand dollars ($500, 0000 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 13th day of March 2018, a copy of which is hereto attached and made a part hereof for the construction of: CITY OF WATERLOO — 5TH AND 6TH STREETS 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 9th day of March , 2018. ATTEST: (Principal) Secretary (SEAL) (Witness as to Principal) Pco )Ox. °ic (Address) ATTEST: K & W Electric, Inc. By Principal 1127 Lincoln St (s) Cedar Falls, IA 50613 (Address) United Fire & Casualty Cols) (Surety) Secretary Surety By Witness as to Surety Attorne -in PO Box 748 Waterloo, IA 50704 PO Box 748 act 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 V1-2 UNITED FIRE & CASUALTY <COR1IPANY,;CEDAR RAPIDS, IA Inquiries:Surety Department UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX < 118 Second Ave SE FINANCIAL PACIFIC' INSURANCE COMPANY, ROCKLIN, CA .Cedar Rapids, IA 52401 CERTIFIED' COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) 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, MATTHEW .ARENHOLZ,ROBERT C. NEMMERS, KATHY MCCLAIN, LORI AGUTAR, EACH INDIVIDUALLY of WATERLOO IA 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 $15 , 000 , 000.00 and to; bind the Companies thereby as fully: and:, to the sanne.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:.anthorityhereby giV eii.:and hereby ratified and confrined. The Authorityhereby granted shall expire'the 17th.: day of November 2019, unless sooner revoked by UNITED::FIRE & CASUALTY COMPANY;<UNITLD 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. ,I,pldl Rp,,, 1WIRRR„1,,,, IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its \`\�yIHDEAIN; � G tC INSb �Gi c \ �� .,,,,:,60 OR4j'... vice president and its corporate seal to be hereto affixed this 17 t h day of November , 2017 CORPORATE ' Q. •Z4 Fa:n e = ,fL86' `?__ UNITED FIRE & CASUALTY COMPANY SEAL Y 19e6 a's UNITED FIRE & INDEMNITY COMPANY -O,.1i,FOR �P. 2 •`B1rEaTE*'�, . `' ����� FINANCIAL PACIFIC INSURANCE COMPANY %Oil 111111144 *7�,11111111!\\ RAPIDS'‘N State of Iowa, County of Linn, ss: On 17th day of November, 2017, 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 instrtunent 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. By: .�/WrW.-ref Vice President; Judith A Davis Iowa Notarial Seaf Commission number173041 My Commission Expires 04/23/2018 otary Public / My commission expires: 04/23/2018 I; David A. Lange, Secretary of UNITED FIRE & CASIJAI,TY COMPANY; and Assistant Secretary of '1' ITED 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 oldie 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 testi o y whereof I have l,ei•eunto subscribed my name and affixed tth, corporate seal of the said Corporations this day of , 20 . u� `00IIHIl, 0tp1111114// CORPORATE �? ...r.— i� By: Secretary, UF&C Assistant Secretary, OF&I/FPIC A� E® CERTIFICATE OF LIABILITY INSURANCE DATE/6/201/) 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 Elliott Hartman Agency 611 Ansborough Ave Waterloo IA 50704 CONTACT Scott Poppens PHONE FAX IA/C N2.EX1L 319-233-8459 (AIC,No):31g-232-0645 POLICY EXP IMM/DD/YYYYI ADDRESS: ScottP@elliotthartman.com INSURERS) AFFORDING COVERAGE NAIC // INSURER A : Travelers Insurance Co. 19046 INSURED K&WEL-1 K & W Electric, Inc. PO Box 967 Cedar Falls IA 50613 INSURER e: 7/15/2017 INSURER C : EACH OCCURRENCE INSURERD: DAMAGE SO (aEcTED DAMAET(ERoccurrence) INSURER E : INSURER F : CLAIMS -MADE COVERAGES CERTIFICATE NUMBER: 1586658943 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/YYYYI POLICY EXP IMM/DD/YYYYI LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY DT-C0-05530199-COF-17 7/15/2017 7/15/2018 EACH OCCURRENCE $1,000,000 DAMAGE SO (aEcTED DAMAET(ERoccurrence) $300,000 CLAIMS -MADE X OCCUR MED EXP (Any ane person) $5,000 PERSONAL &ADV INJURY $1000000 X Contractual GENERAL AGGREGATE $2,000,000 GE 'L AGGREGATE POLICY X LIMIT APPLIES 5ECT PER: L00 PRODUCTS - COMP/OP AGG $2,000,000 8 A AUTOMOBILE X _ LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS DT-810-6553C1994CT-17 7/15/2017 7/15/2018 COMBINED SINGLE LIMIT (Ea accident) 51 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accitlent ) $ PROPERTY DAMAGE (Per accident) 5 A X UMBRELLALIAB EXCESSLIAB X OCCUR CLAIMS -MADE DTSM-CUP-65530199-IND-17 7/15/2017 7/15/2018 EACH OCCURRENCE 55,000,000 AGGREGATE 55,000000 DED X 1 RETENTION $10000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBEER EXCLUDED Y PROPRIETOR/PARTNER/EXECUTIVE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N N/A DTNUB-6553019-9-17 7/15/2017 7/15/2018 X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT 5500,000 E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT $500,000 A Installation Floater Leased/Rented Item Professional Liability 6505455L355 7/15/2017 7/15/2018 Limit 1,000000 Limit 100000 Limit 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Waterloo is an additional insured when required by written contract. CERTIFICATE HOLDER CANCELLATION 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. The ACORD name and logo are registered marks of ACORD