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HomeMy WebLinkAboutPella Roofing and Insulation-8/18/2014CITY OF WATERLOO Council Communication City Council Meeting: August 18, 2014 Prepared: August 13, 2014 �w Dept. Head Signature: Michael Wilson # of Attachments: 1 SUBJECT: Approval of Contract, Bonds, and Certificates of Insurance with Pella Roofing and Insulation, Inc., of Vinton, Iowa in the amount of $27,950.00 in conjunction with the Metal Roofing Restoration - Snow Removal Equipment Building project at Waterloo Regional Airport; and to authorize Mayor to execute said documents. Submitted by: Michael Wilson, Airport Director Recommended City Council Action: Approve Contract, Bonds, and Certificates of Insurance with Pella Roofing and Insulation, Inc., of Vinton, Iowa in the amount of $27,950.00 in conjunction with the Metal Roofing Restoration - Snow Removal Equipment Building project at Waterloo Regional Airport; and to authorize Mayor to execute said documents. Summary Statement: Expenditure Required: $27,950 Source of Funds: 100% from IDOT Vertical Infrastructure grant Policy Issue: Alternative: Background Information: The City Council approved an IDOT grant in fiscal year 2013 between City of Waterloo, through Waterloo Regional Airport, and IDOT in the amount of $103,234 for funding airport improvements, including this project. We advertised and held a public hearing on July 3, 2014. The sole bid was from Pella Roofing and Insulation. FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF METAL ROOFING RESTORATION SNOW REMOVAL EQUIPMENT BUILDING AT THE WATERLOO REGIONAL AIRPORT IN THE CITY OF WATERLOO, IOWA IOWA DOT CSVI PROJECT This contract made and entered into this ( day of 2014, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Pella Roofing & Insulation, Inc., of Vinton, Iowa, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 PAR. 5 PAR. 6 PAR. 7 Contractor agrees to build and construct the METAL ROOFING RESTORATION, SNOW REMOVAL EQUIPMENT BUILDING, AT THE WATERLOO REGIONAL AIRPORT and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanship like 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. 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. 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. 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. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before September 30, 2014 unless an extension of time is granted in writing by the Council of the City. 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. 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 FORM OF CONTRACT SRE BUILDING ROOFING RESTORATION C-1 of 3 AECOM 60275974 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 $27,950.00. 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. FORM OF CONTRACT AECOM 60275974 SRE BUILDING ROOFING RESTORATION C-2 of 3 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. PELLA ROOFING & INSULATION, INC. Contractor BY: r Title: Pc -e 9 at' K Approved by the City Council of the City of Waterloo, Iowa, this day of FORM OF CONTRACT AECOM 60275974 , City Clerk 2014. SRE BUILDING ROOFING RESTORATION C-3 of 3 PERFORMANCE BONO KNOW ALL MEN BY THESE PRESENTS: BDA 739501 That we, Pena Roofing & Insulation, Inc. 00401 Ugh St Vinton, IA 52348 (hereinafter called the Principal), and AMCA Insurance Company of 1100 Locust St. Des Maines. IA 50391 (ham called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter coed the Obligee), in the penal sum of Twentv Seven Thousand Nine Hundred Fifty and 001100 Dollars ($ 27.950.00 ), lawful money of the united States, to payment of which sum, wen and truly to be made, the Principal here firmly binds himself/themselves, his/their hairs, executors, and administrators, and the saki Surety binds hfmseti, his successors, assigns, executors, and administrators, jointly and severalty, fsmly by these presents. THE CONDMON OF THIS OBLIGATION is such that, W the above bounden Principal di, on the d day ofb s 2014, enter into a written contract with the City of Waterloo, Iowa, for the construction of }lett] R q Restoration. Snow Removal Equipment Bldg, at Waterloo Airport a copy of which contract, together with all of its terms, covenants, conditions, and stipulations, Is incorporated herein and made e part hereof as fug and completely as if said contract were rued at length herein; and WHEREAS, the Principal and Surety on this bond hereby agree to pay to alt persons, flnms or corporations having contracts directly with the Principal or with subcontractors, ail just dakns due them fcr labor performed or materials furnished in the performance of the contract on account of which bond is given when the same are not sates out of the portion of the contract pica which the public corporation is regtked to retain until completion of the public improvement, but the Principal and Surety shall not be liable to said persons, firms, or corporation unless the dims of said claimants agahist said portion of the contract price shall have been established as provided by law. Now, if the Principal shall th all respects futiill his said contract according to the tern ns and tenor thereof, and shall satisfy as daims and demands incurred for the same, and shall fcAy Indemnify and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall fully reknburse and repay the Obligee all outlays and expenses which it may incur in making good any such default, then the obligation is to be void and of no effigy otherwise to remain In full force and effect. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any charge in the plans, Vis, or Contract when such charge 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 mat d& not discovered or known to the Ott at the tune such work was accred. PERFORMANCE ado AECOM 60275974 SRE BOWING ROOFING RESTORATION PFB-1 or 2 IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL Pena Roofing & Insulation, Inc. SURETY Name AMO Insurance Company NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. PERFORMANCE BOND AECOM 80278974 SRE SOLOING ROOFING RESTORATION PFS -2 of 2 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that PELLA ROOFING &J.NSULATION, INC. (Name of Contractor) P.O. Box 548. Vinton, Iowa 52349 (Address of Contractor) a Corporation BDA 739501 (Corporation, Partnership or Individual) and AMCO Insurance Company hereinafter gilled Principal, (Name of Surety) 1100 Locust St Des Moines, IA 50381 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) 715 Mulberry Street Waterloo, IA 60703 (Address of Owner) hereinafter called OWNER, in the penal sum of Twenty Seven Thousand tune Hundred Fifty and 001100 Dollars, $( 27„950.00 ) 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 OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of2014. a copy of which is hereto attached and made a part hereof for the construction of: I METAL ROOFING RESTORATION SNOW REMQV • EQUIPMENT BUILDING IOWA DOT CVSI PROJECT WATERLOO REGIONAL AIRPORT. WATERLOQ, IOWA NOW, THEREFORE, if the Principal shall l promptly make payment to ail 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 PAYMENT BOND AEOOM B0275974 SRE BUILDING ROOFING RESTORATION PB -1 of 2 PROVIDED, FURTHER, that the said San ty for value receved 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 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 4 counterparts, each one of -t1/4 (number) which shall be deemed an original, this the day of , 2014. ATTEST: (Principal) Secretary (SEAL) itness as Principal (Address) fl Nei Witness as to Surety SrD 00\i eress)(,�, (Add,9 Pella Rooting & Insulation, Inc. Principal d(Address) yo / Vie' S� ,,14,„ Cry3`ey (s) ARCO h surance Company (Adm) Vinton, IA 52349 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. PAYMENT B01410 AECOM 5275874 A SRE S UltDMG ROOFS G RESTORATION P8-2 of 2 KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: John Yundt each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of Fifty Thousand Dollars $50,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 13th day of February , 2014 . Ailowilk 4.�°' "�,' /4t• •?*.,T Terrance Williams, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company • last /;' / 7� and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, /; SEAL: 0,, SEAL;*/ AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance ` • / Company ,-k+I e,,.../ P Y 1ok\ 4. "a ,�� nn 1 �4k /* SEAL; *i 1 4it1\� rem•\k 4 7-e f �s�: • '' ,�•':�'' Sandy Rutz s��w""`Y - c� ift/ ;`6'6.2.4 Notarial Seal — Iowa SEAL I ;SEAL•; 0 Commission Number 152785 `•.• $ *%' `*/ My Commission Expires March, 24, 2017 Notary Public ,,�==� ��=+� My Commission Expires CERTIFICATE March 24, 2017 I, Robert W Horner III, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this 5th day of August 20 14 . C��w1 Secretary ACKNOWLEDGMENT STATE OF IOWA, COUNTY OF POLK: ss On this 13th day of February 2014 , before me came the above-named officer for the Companies aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly swam, deposes and says, that he is the officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Companies. This Power of Attorney Expires March 24, 2017 BDJ 1(03-14) 00 Letter of Transmittal TO: Ms. Suzy Schares City Clerk 715 Mulberry Street Waterloo, Iowa 50703 WE ARE SENDING YOU: ❑ Attached ❑ Shop Drawings ❑ Copy of Letter ❑ Prints ❑ Change Order A=COM DATE: August 13, 2014 JOB ID NO. 60275974 ATTENTION: RE: Metal Roofing Restoration Snow Removal Equipment Building Iowa DOT CSVI Project Waterloo Regional Airport ❑ Under Separate Cover Via the Following Items: ❑ Plans ❑ Samples ❑ Specifications Copies Date No. Description 4 Contract and Bonds for Above -Referenced Project THESE ARE TRANSMITTED AS CHECKED BELOW: El For Approval ❑ For Your Use ❑ As Requested ❑ For Review and Comment ❑ For Bids Due 20 ❑ Approved as Submitted ❑ Approved as Noted ❑ Returned for Corrections O For Signature ❑ Resubmit _ Copies for Approval El Submit _ Copies for Distribution ❑ Return Corrected Prints El Prints Returned After Loan to Us REMARKS: Suzy -- The Metal Roofing Restoration, Snow Removal Equipment Building project is supposed to be listed as an Agenda item for approval at the August 18, 2014, Council meeting. The enclosed contracts are being forwarded to you for signature. After Council approval, please have the Mayor sign and date all four (4) sets of documents, keep one (1) for your files and return the remaining three (3) sets to our office. We will then forward a fully -executed set to the Contractor, Pella Roofing & Insulation, Inc. If you have any questions, please let us know. COPY TO: Mr. Mike Wilson DBH:blc 501 Sycamore Street, Suite 222 SIGNED: If enclosures are not as noted, kindly notify us at once. P.O. Box 1497 • Waterloo, Iowa 50704-1497 David . Hughes, PE • (319) 232-6531 • Fax: (319) 232-0271