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Minturn, Inc. - FY17 4th St Brdg Canopy Repairs No. 910-4/3/2017
FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2017 4TH STREET BRIDGE CANOPY REPAIRS CITY OF WATERLOO, IOWA CONTRACT NO. 910 rc� This contract made and entered into this day of -4 1 Qr , 2017, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Minturn, Inc., WITNESSETH: of Brooklyn, Iowa, (hereinafter referred to as Contractor), PAR. 1 Contractor agrees to build and construct the F.Y. 2017 4TH STREET BRIDGE CANOPY REPAIRS, CONTRACT NO. 910 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 after receipt of "Notice to Proceed" and at the date shown in the schedule of work submitted by the contractor at the preconstruction conference and approved by the Engineer. All items shall be completed on or before November 3, 2017, unless an extension of time is granted in writing by the Council of 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 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. FORM OF CONTRACT CONTRACT NO. 910 C-1 of 3 AECOM #60333086 FY 2017-41h Street Bridge Canopy Repairs PAR. 8 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. PAR. 9 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 City Engineer. PAR. 10 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 City Engineer. PAR. 11 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. PAR. 12 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. PAR. 13 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. PAR. 14 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 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 $1,491,713.00. FORM OF CONTRACT CONTRACT NO. 910 C-2 of 3 AECOM #60333086 FY 20174"' Street Bridge Canopy Repairs PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 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. 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. Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years 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 be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. CITY OF WATERLOO, IOWA Mayor MINTURN, INC. Contractor BY Title: PVe,5‘( ._11.`1 Approved by the City Council of the City of Waterloo, Iowa, this ATTEST: FORM OF CONTRACT AECOM #60333086 , City Clerk Waterloo, Iowa day of , 2017. CONTRACT NO. 910 C-3 of 3 FY 2017-4"' Street Bridge Canopy Repairs Bond No. NIA1831 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Minturn, Inc. of 309 N. Orchard Street, Brooklyn, IA 52211 (the "Principal"), and Merchants National Bonding, Inc. of P. O. Box 14498, Des Moines, IA 50306 (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal Sum of One Million Four Hundred Ninety -One Thousand Seven Hundred Thirteen and no/100 Dollars ($ 1,491,713.00 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about 9_._& 3, za 1") for the purpose of F. Y. 2017 4th Street Bridge Canopy Repairs, Contract No. 910 . 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: 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. PERFORMANCE BOND CONTRACT NO. 910 PFB-1 of 2 AECOM #60333086 4th Street Bridge Canopy Repairs 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.. April 3, 2017 PRINCIPAL Minturn, Inc. Name By Title: i imlatm 1 SURETY Merchants National Bonding, Inc. Name By: Title: Abigail R. . r, Attorney -in -Fact [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. PERFORMANCE BOND CONTRACT NO. 910 PFB-2 of 2 AECOM #60333086 4th Street Bridge Canopy Repairs Bond No. NIA1831 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Minturn, Inc. (Name of Contractor) 309 N. Orchard Street. Brooklyn, IA 52211 (Address of Contractor) a Corporation (Corporation, Partnership or Individual) and, Merchants National Bonding, Inc. , hereinafter called Principal, (Name of Surety) P. O. Box 14498, Des Moines. IA 50306 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) 715 Mulberry St., Waterloo, IA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of One Million Four Hundred Ninety -One Thousand Seven Hundred Thirteen and no/100 Dollars ($ 1,491,713.00) 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 OBLIGATIONs such that whereas, the Principal entered into a certain contract with the OWNER, dated the '7, `us day of , 2017, a copy of which is hereto attached and made a part hereof for the construction of: FY 2017 4th STREET BRIDGE CANOPY REPAIRS CITY CONTRACT NO. 910 WATERLOO, IOWA NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, 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 the WORK to be PERFORMANCE BOND CONTRACT NO. 910 PFB-3 of 2 AECOM #60333086 4th Street Bridge Canopy Repairs performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise 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. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in of which shall be deemed an original, this the 3rd ATTEST: (Pri ipal) Secretary four (4) counterparts, each one (number) day of April Minturn, Inc. 2017. (SEAL) N SC -M. By Gamow-7 Witness as to Principal 3rd W /a /441 S . # (Address) ATTEST: Principal 309 N. Orchard Street, Brooklyn, IA 52211 (s) (Address) Merchants National Bonding, Inc. By curet; Abigail R. Mohr C1/44_ P. O. Box 14498, De ttorne in -Fact oines, IA 50306 Witn-' s to Surety (Address) P. O. Box 14498, Des Moines, IA 50306 (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. PERFORMANCE BOND CONTRACT NO. 910 PFB-4 of 2 AECOM #60333086 4'h Street Bridge Canopy Repairs MERCHANTS BONDING COMPANY:. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Abigail R Mohr; Jennifer Keislar; John R Fay; Kent M Rosenberg; Lauri Meneough; Mat DeGroote; Matthew R Fay; Michael L McCoy their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIFTEEN MILLION ($15,000,000.00) DOLLARS This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 20th day of January , 2017 . nnlu„qry � ” 'j 10f� • ANG CQ• • MERCHANTS BONDING COMPANY (MUTUAL) ,,• aP,..-•-.AC ��':, *.#•'. �0,.••• X1,0• MERCHANTS NATIONAL BONDING, INC. u ~ 2003 ,?.n`3 y: 1933 ; D® CERTIFICATE OF LIABILITY INSURANCEDATEIMMIDDNYYYI 3/30/2017 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 Arthur J. Gallagher Risk Management Services, Inc. 4200 Corporate Drive Ste 160 West Des Moines IA 50266 CONTACT NAME: Sandy VanOsten POLICY EFF IMMIODIYYYYI o EXtI:515-309-6200 FAX INC NE No):515-309-6225 E-MAIL AODRESS:Sandy vanosten(o), aio corn INSURER(S) AFFORDING COVERAGE GENERAL X NAIC 4 10677 28665 INSURER A :Cincinnati Insurance Company INSURERB:Cincinnati Casualty Company INSURED MINTINC-01 Minturn, Inc. 309 N Orchard Street Brooklyn IA 52211 INSURERC: INSURER D: 4/18/2016 NSURER E : EACH OCCURRENCE NSURER F: DAMAGE PREMSESO(Ea occu RENTED COVERAGES CERTIFICATE NUMBER: 1930021119 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 IMMIODIYYYYI POLICY EXP IMMIDONYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL CLAIMS -MADE LIABILITY X OCCUR EPP0382845 4/18/2016 4/18/2017 EACH OCCURRENCE 51,000,000 DAMAGE PREMSESO(Ea occu RENTED $100,000 MED EXP (Any one person) $5,000 PERSONAL 8ADV INJURY 51,000,000 X Contractual Liab GENERAL AGGREGATE 52,000,000 X XCU Included PRODUCTS - COMP/OP AGG 52,000,000 GEN'L AGGREGATE POLICY X LIMIT APPLIES ' (9 PER: LOC $ A AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS Contractual SCHEDULED AUTOS NON -OWNED AUTOS Liability EPP0382845 4/18/2016 4/18/2017 COMBINED SINGLE LIMIT accident) $1,000,000 _1Ea BODILY INJURY (Per person) $ BODILY INJURY(Peracddenl) $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE EPP0382845 4/18/2016 4/18/2017 EACH OCCURRENCE 53,000,000 AGGREGATE $3,000,000 $ DED X RETENT ON $0 g WORKERS COMPENSATION AND EMPLOYERS' LIABILITYY/" ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N N / A EWC0382846 4/18/2016 4/18/2017 X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT 5500,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedul , if more space i required) RE: Construction of F.Y. 2017 4th Street Bridge Canopy Repairs; Contract #: 910 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 ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD