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Home My WebLink AboutMinicipal Pipe Tool Company, LLC-3/10/2014Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 3/17/14 Prepared: 3/12/14 Dept. Head Signature: # of Attachments: SUBJECT: CIP Pipe Lining Service Areas No. 15 and No. 16, Contract #866 Submitted by: Larry N. Smith Recommended City Council Action: resolution approving award of Contract, Bond and Certificate of Insurance to Municipal Pipe Tool Co., LLC of Hudson, IA in the amount of $641,171.36 for City Contract #866, CIP Pipe Lining Service Areas No. 15 and No. 16. Summary Statement: Expenditure Required: $641,171.36 Source of Funds: 609-14-5320-2103 Policy Issue: Alternative: Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Letter of Transmittal TO: Mr. Larry Smith Water Pollution Control Facilities 3505 Easton Avenue Waterloo, Iowa 50703 WE ARE SENDING YOU: O Attached ❑ Shop Drawings O Copy of Letter O Prints O Change Order axoM DATE: March 11, 2014 JOB ID NO. 60185826 (60163564) ATTENTION: RE: Phase I CIP Pipe Lining - Services Areas No. 15 and No. 16 City Contract No. 866 Returned O Under Separate Cover Via O Plans 0 ❑ Samples the Following Items: 0 Specifications Copies Date No. Description Returned Original Bid Documents From 3/10/14 Bid Opening 2 Bid Tabulations of Bids Received THESE ARE TRANSMITTED AS CHECKED BELOW: O For Approval O For Your Use ❑ As Requested ❑ For Review and Comment 0 ❑ For Bids Due 20 ❑ Approved as Submitted O Approved as Noted ❑ Returned for Corrections O Resubmit _ Copies for Approval ❑ Submit _ Copies for Distribution O Return _ Corrected Prints O Prints Returned After Loan to Us REMARKS: Larry — We reviewed the low bid from Municipal Pipe Tool, and it appears to be in order. We recommend the project be awarded to Municipal Pipe Tool in the amount of $641,171.36. COPY TO: Suzy Schares (w/Bid Tab) REB:blc SIGNED: If enclosures are not as noted, kindly notify us at once. 501 Sycamore Street, Suite 222 P.O. Box 1497 • Waterloo, Iowa 50704-1497 • (319) 232-6531 Fax: (319) 232-0271 A. OM April 9, 2014 Mr. Larry Smith Water Pollution Control Facility 3505 Easton Avenue Waterloo, Iowa 50702 Subject: Sanitary Sewer Improvements Service Areas No. 15 and No. 16 Phase I CIP Pipe Lining City Contract No. 866 AECOM #60163564 Dear Larry, AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com Enclosed please find one (1) copy of the Contract and Bonds for the above -referenced project. These have been signed by Municipal Pipe Tool and the Mayor. We do not believe they require any further action at this time. We will request their Insurance Certificate for this project and provide you copies upon receipt. If you have any questions or need anything further, please let us know. Yours sincerely, Robert E. Bamsey, P. Enclosures: As Noted c: Ms. Suzy Schares (w/enclosure) Municipal Pipe Tool (w/enclosure) P:\60163564\admn\Letters-Transmittals\4-9-14 Is SA 15&16-Contracts-Bonds.docx FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS SERVICE AREAS NO. 15 AND NO. 16 PHASE I CIP PIPE LINING CITY OF WATERLOO, IOWA CONTRACT NO. 866 This contract made and entered into this l Y day of 201 by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Municipal Pipe Tool Company, LLC of Waterloo, Iowa, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the SANITARY SEWER IMPROVEMENTS, SERVICE AREAS NO. 15 AND NO. 16, PHASE I CIP PIPE LINING, City Contract No. 866, 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 all substantial items shall be completed on or before December 1, 2014, with a final completion date of January 1, 2015, 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 FORM OF CONTRACT 60163564 (60185826) CONTRACT NO. 866 C-1 of 3 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. 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 $641,171.36. FORM OF CONTRACT 60163564 (60185826) CONTRACT NO. 866 C-2 of 3 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 govem. PAR. 19 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. PAR. 20 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. PAR. 21 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. MUNICIPAL PIPE TOOL COMPANY, LLC. 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'uospnH 3o ori "00 ed!d 113d101unvl ` ' WILL 04* ONNOa 1k1V112IO.1H1a A 03 :S33S32Id 3S3H.L Afl NSW TY NODI LS££85Ob'1 '3N 31339 IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of March 25, 2014 PRINCIPAL SURETY Municipal Pipe Tool Co., LLC Merchants Bonding Company (Mutual) Name Name By: Wa/gC14,klia By: S hare, rt Wet,s cklt_rd , Dione R. Young Title: C� ta Tide: 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. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authotized to transact business in the State where the project is located. PERFORMANCE BOND 60163564 (60185826) CONTRACT NO. 866 PFB-2 of 2 Bond No. IAC583357 KNOW ALL MEN BY THESE PRESENTS: that a Corporation PAYMENT BOND MUNICIPAL PIPE TOOL COMPANY.. LLC (Name of Contractor) 515 - 5TH Street. P.O. Box 398. Hudson. Iowa 50643 (Address of Contractor) (Corporation, Partnership or Individual) Merchants Bonding Company (Mutual) , hereinafter called Principal, (Name of Surety) 2100 Fleur Drive, Des Moines, Iowa 50321-1158 (Address of Surety) hereinafter called Surety, are held and firmly bound unto CITY OF WATERLOO. IOWA (Name of Owner) 71;5 MULB Y STREET. WATERLOO. IOWA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of Six Hundred Forty One Thousand One Hundred Seventy One & 36/100 Dollars,(S-1,171.36—) 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 the 17th day of March 2014 , a copy of which is hereto attached and made a part hereof for the construction of: SANITARY SEWER IMPROVEMENTS. SERVICE AREAS NO. 15 AND NO. 16 PHASE I CIP PIPE LINING CITY CONTRACT NO. 866 CITY OF WATERLOO. IOWA NOW, THEREFORE, if the Principal shall promptly make payment to all persons, fums, 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 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 the WORK or to the SPECIFICATIONS. PAYMENT BOND 60163564(60185826) CONTRACT NO.866 PB -1 of 2 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 four (4) counterparts, each one of which shall be deemed (number) an original, this the 25th day; of March , 2014 ATTEST: 5litL/-ov7 gjak-k 7J - (SEAL) (Principal) Secretary Municipal Pipe Tool Co., LLC Principal By 11�� W�a%l l r Share A Wase Y.0e) Cob P. O. Box 398 (Address) Hudson, IA 50643-0398 Witness as to Principal' ,p611 UQil1 Ctrl rowt, 1164m fn iS3ark' am P. O. Box 398, Hudson, IA 50643-0398 (Address) ATTEST: Witness as to Surety Anne Crowner P. O. Box 9207, Des Moines, IA 50306-9207 (Address) Merchants Bonding Company (Mutual) Surety By Attorney -in -Fact Dione R. Young Holmes Murphy & Associates, Inc. P. O. Box 9207 (Address) Des Moines, IA 50306-9207 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PAYMENT BOND 60163564(60185826) CONTRACT NO. 866 PB -2 of 2 Bid Tabulation SANITARY SEWER IMPROVEMENTS SERVICE AREAS NO. 15 AND NO. 16 CIP PIPE LINING Waterloo, IA BidTab Summary AECOM Project No: 60163564 March 10, 2014 L:\work\project\60163564\eng\20140203 Engineers Estimate\Area 15 and 16 Eng Est - Bib Tab.xlsx Engineers Estimate Municipal Pipe Tool Co. SAK Consruction Visu-Sewer, Inc. Item Description Unit Estimated Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price BASE BID 1 8 -Inch Diameter CIP Pipe Lining LF 23221 $ 25.00 $ 580,525.00 $ 23.21 $ 538,959.41 $ 24.85 $ 577,041.85 $ 31.60 $ 733,783.60 2 10 -Inch Diameter CIP Pipe Lining LF 495 $ 30.00 $ 14,850.00 $ 26.96 $ 13,345.20 $ 25.60 $ 12,672.00 $ i 52.00 $ 25,740.00 3 Internal Chimney Seal EA 57 $ 1,000.00 $ 57,000.00 $ 336.00 $ 19,152.00 $ 335.00 $ 19,095.00 $ 525.00 $ 29,925.00 4 External Chimney Seal EA 57 $ 1,200.00 $ 68,400.00 $ 509.25 $ 29,027.25 $ 510.00 $ 29,070.00 $ 685.00 $ 39,045.00 5 Manhole Barrel Joint Leak Repair EA 25 $ 2,500.00 $ 62,500.00 $ 525.00 $ 13,125.00 $ 500.00 $ 12,500.00 $ 700.00 $ 17,500.00 6 Manhole Lining EA 25 $ 7,500.00 $ 187,500.00 $ 1,102.50 $ 27,562.50 $ 1,105.00 $ 27,625.00 $ 98.00 $ 2,450.00 TOTAL BID $ 970,775.00 $ 641,171.36 $ 678,003.85 $ 848,443.60 L:\work\project\60163564\eng\20140203 Engineers Estimate\Area 15 and 16 Eng Est - Bib Tab.xlsx