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HomeMy WebLinkAboutBoulder Contracting, LLC-3/18/2013Pease return this copy to: City Clerk & Finance Department 715 Mulberry Street Waterloo, IA 50703 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F. Y. 2013 RIVERVIEW RECREATION AREA RESTROOM CITY OF WATERLOO, IOWA CONTRACT NO. 841 This contract made and entered into this i'r110 day of)JL4JrC'L&_,2013, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and _Boulder Contracting, LLC , of Grundy Center , Iowa, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 Contractor agrees to provide and deliver pumps, controls and such other equipment appurtenant thereto and provide supervision and testing as necessary for the subsequent installation (by others) of said pumps, controls and appurtenant items for the F.Y. 2013 Riverview Recreation Area Restroom City of Waterloo Contract No. 841, 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 Bidders 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 provide and deliver said equipment 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 provide and deliver said equipment 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. FORM OF CONTRACT CONTRACT NO. 841 PAGE 1 OF 4 PAR. 5 PAR. 6 PAR. 7 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before the dates specified in the Notice of Hearing and Notice to Bidders, unless an extension of time is granted in writing by the Council of the City. Should the Contractor fail to provide and deliver said equipment in strict accordance with the terms and conditions of this contract, or the plans and specifications therefore 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 City shall have the right to appoint one or more 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 reviewer. Such 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. 8 Any material which has been rejected by the 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. 9 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. 10 PAR. 11 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. 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. 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 delivery and acceptance of said equipment, 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 equipment delivered and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. FORM OF CONTRACT CONTRACT NO. 841 PAGE 2 OF 4 PAR. 13 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 $ 52,729.40 . PAR. 14 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. PAR. 15 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 16 PAR. 17 The Contractor shall maintain all equipment described hereunder in good order for the period of either three (3) after its complete delivery to the project site or two (2) years from and after the date it is satisfactorily installed (by others) and is accepted by the Council of the City of Waterloo, Iowa, whichever period comes first. Said maintenance shall be made without expense to the City. This is in addition to warrantees required for specific equipment items as specified in the Project Specifications. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within said two (2) or three (3) years, 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 equipment, 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 equipment shall continue until three (3) months after such notice has been given to the City, and, in any event, until three (3) years after its complete delivery to the project site or two (2) years after the acceptance of the work, whichever period comes first. PAR 18 The Contractor shall comply with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." PAR 19 The Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et. seq.), and the Federal Water Pollution Control Act (33 U.S.C. 1251 et. seq.). FORM OF CONTRACT CONTRACT NO. 841 PAGE 3 OF 4 C114Y OF WA I BRLOO, IOWA ayor gout -04e- cw-M44 nuc, , Contractor BY: Title: 6:9e.,VA- Approved by the City Council of the City of Waterloo, Iowa, this day of LA.0, 2013. Al IEST: , City Clerk, Waterloo, Iowa FORM OF CONTRACT CONTRACT NO. 841 PAGE 4 OF 4 PERFORMANCE BOND BDA 736081 KNOW ALL MEN BY THESE PRESENTS: That we, Boulder Contracting LLC , of Grundy Center, Iowa (hereinafter called the Principal), and AU Insurance Carpark of 1100 Locust Street Des Moines, Iowa 50391 (hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter called the Oblige), in the penal sum of Fifty Two Thousadd Seven Hundred Twenty Nine and 40/100 Dollars ($ 52,729.40 ), lawful money of the United States, to payment of which sum, well and truly to be made, the Principal here firmly binds himself/themselves, his/their heirs, executors, and administrators, and the said Surety binds himself, his successors, assigns, executors, and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, WHEREAS the above bounden Principal did, on the llth day of March 2013 enter into a written contract with the City of Waterloo, Iowa, for providing and delivering pumps and controls and such other equipment appurtenant thereto for the F.Y. 2013 Riverview Recreation Area Restroom City of Waterloo Contract No. 841, a copy of which contract, together with all of its terms, covenants, conditions, and stipulations, is incorporated herein and made a part hereof as full and completely as if said contract were recited at length herein; and WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons, firms or corporations having contracts directly with the Principal or with subcontractors, all just claims due them for labor performed or materials furnished in the performance of the contract on account of which bond is given when the same are not satisfied out of the portion of the contract price which the public corporation is required 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 claims of said claimants against said portion of the contract price shall have been established as provided by law. Now, if the Principal shall in all respects fulfill his said contract according to the terms and tenor thereof, and shall satisfy all claims and demands incurred for the same, and shall fully indemnify and save harmless the Oblige from all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Oblige all outlays and expenses which it may incur in making good any such default, then the obligation is to be void and of no effect, otherwise to remain in full force and effect. FORM OF BOND PAGE 1 OF 2 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 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 workmRnship or material not discovered or known to the Oblige at the time such work was accepted. IN WITNESS WHEREOF, we have hereunto set our hands and seals this llth day of March , 2013. Boulder Contracting LLC Principal By: AMCO Insurance Carpany Surety Attorn , Jeff Thiel en FORM OF BOND PAGE 2 OF 2 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Boulder Contracting LLC (Name of Contractor) 15789 N Ave Grundy Center, Iowa 50638 (Address of Contractor) a partnership , herein called Principal, (Corporation, Partnership or Individual) and WO Insu^ance Company (Name of Surety) 1100 Locust Street Des Moines, Iowa 50391 (Address of Surety) hereinafter called the Surety, are held and firmly bound unto City of Waterloo (Name of Owner) Waterloo, Iowa (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, ($ 52,729.40 ) in lawful money of the United States, to 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 11th day of March 201 , a copy of which is hereto attached and made a part hereof for the construction of: 2013 Riverview Recreation Area Rest Waterloo NOW, THEREFORE, if the Principal shall promptly make payment to all person, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the persecution of the WORK provided for in such contract, and any authorized extension of 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 SUBCONTACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. FORM OF BOND PAGE 1 OF 2 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 to the WORK or to the SPEC1PICATIONS. 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 WHEREOF, this instrument is executed in counterparts, each one (number) of which shall be deemed an original, this the llth day of March ATTEST: Boulder Contracting LLC (Principal) Secretary By: (SEAL) Witness as to Principal (Address) Principal 15789 N. Ave (Address) Grundy Center, Iowa 50638 AMCO Insurancce Company Surety ATTEST: By Witness as to Surety (Address) (s) 111! - Attorney -in -Fact, leen 1106 Locust Street Des Moines, Iona 50391 (Address) NO 1E: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. FORM OF BOND PAGE 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: Sandra Alitz, Andy Andersen, Megan L Bartlett, Bill R. Breckenridge, Anita R. Calderon, Laura Cateron, Kerry Christensen, Dana R. Clark, Keith E. Clements, Morgan Collins, Susan K. Corey, Jeff Cose, William A Downing, Janelle Duffy, Janet Dutcher, Paulette M. Dyson, Melissa Evans, Matthew Gilmer, Grant R. Goodenow, Cristopher Hansen, David E. Harbeck, Jesse Huston, Aaron J. Jamison, Robert N Johnston, Diana Kelly, Mike Kuper, Ben Lewis, John Linnenbach, Kristina Meyer, Beth Miller, Jeff Mohr, Elizabeth Moore, Stephen Moore, Becky Nichols, Ryan J. O'Lear, Michael Paez, Amy J. Palmer, Spencer Paris, Andy Roby, Ashlee Schuling, Joshua Severson, Larry D. Slegh, Richelle L Smith, Jeff Thielen, Patricia M. Vermace, Kim Wells, Carmon R. Wilson each in their Individual capacity, its true and lawful attomey-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 FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00) 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 attomeys-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 orwithout cause, any such appointment or authority; provided, however, that the authority granted hereby shall In no way limit the authority of other duy 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 attomey 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 23"' day of February2011. 001i71 �'rri »•• �• 1- * GaryA. Douglas, President and Chief Operating Officer of Nationwide Agribusiness Insurance Com any e"°A� and Farmland Mutual Insurance Company and Vice President of Nationwide Mutual Insurance Company, L.;,, or AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance •• 4 Company Origotorig vim 1 •+••. tip �41i; t � ,41.ZZA, 41,411,1111 Is ` 11 t, j11 + `SEAL Irma Notarial s� & \ Public , ii- V� � o.► � ten. My Commission Notary Expires CERTIFICATE March 24, 2014 I, Robert W Homer 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 Gary A. Douglas 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 11th day ACKNOWLEDGMENT STATE OF IOWA, COUNTY OF POLK: ss On this 23`dday of February,2011 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 swom, 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. of March , 20 13 . This Power of Attorney Expires 03/24/2014 BDJ 1 (02-11) Secretary ACCORD 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(les) 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). CERTIFICATE OF LIABILITY INSURANCE IDATE (MMIDDIYYYY) 3/18/2013 PRODUCER First Insurance Services/The ACCEL Group 300 E Bremer Ave P.O. Box 269 Waverly IA 50677 INSURED TIEDT NURSERY LTD 2419 E BREMER AVE WAVERLY IA 50677 CONTACT Lori Frerichs NAME: PHONE (319) 352-2880 FAX No): p_ (319)352-2075 WC. No. Ext): ADDRIESS: LFrerichs@AccelAdvantage.com INSURERS) AFFORDING COVERAGE INSURER A :Grinnell Mutual NAIC # 14117 INSURER B: INSURER C : INSURER D : INSURER E : INSURER F : MBER: COVERAGES CEK 1 II -16A I t rvulnDer ;' -- - 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 TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER IMM/DDIYYYI Y) P (MMIDDIYYYY) LIMITS LTR EACH OCCURRENCE $ 1,000,000 GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 X COMMERCIAL GENERAL LIABILITY 1/1/2014 5,000 A CLAIMS -MADE x OCCUR 0000233237 1/1/2013 MED EXP (Any one person) $ 1,000,000 PERSONAL &ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO- —X-1 POLICY T7 LOC $ X- I .IFf:T COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 AUTOMOBILE LIABILITY BODILY INJURY (Per person) $ A ANY AUTO ALL �ED 0000366527 1/1/2013 1/1/2014 BODILY INJURY (Per accident) $ AUTOS X AUTOS NON -OWNED PROPERTY DAMAGE (Per accident) $ X HIRED AUTOS 8 AUTOS Underinsured motorist BI single $ 1,000,000 EACH OCCURRENCE $ 1,000,000 X UMBRELLA UAB X OCCUR AGGREGATE $ 1,000,000 A EXCESS LIAB CLAIMS -MADE X RETENTION$ 10,000 0000344475 1/1/ 2013 1/1/2014 $ WORKERS DED COMPENSATIONWC STATU- X TORY LIMITS OTH- ER A AND EMPLOYERS' LIABILITY Y / N E.L. EACH ACCIDENT $ 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A 0000233219 1/1/2013 1/1/2014 E.L. DISEASE - EA EMPLOYEE $ 500,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION Project: OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) River View Rec. Area. Seeding, & Erosion. CERTIFICATE HULUtK Boulder Contracting 25789 North Ave. Grundy Center, IA 50638 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEDREPRESENTATNE Lori Frerichs/LF r -z_+ `� -• ACORD 25 (2010/05) INS025 oninnf\ n1 Tho A('ni11 name and Irian arc rcnictcrord marlcc of ACf1Rn Please return this copy to: City Clerk & Finance Department 715 Mulberry Street Waterloo, IA 50703 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F. Y. 2013 RIVERVIEW RECREATION AREA RESTROOM CITY OF WATERLOO, IOWA CONTRACT NO. 841 This contract made and entered into this day of r , 2013, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Boulder Contracting. LLC Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 of Grundy Center , Iowa, (hereinafter referred to as Contractor agrees to provide and deliver pumps, controls and such other equipment appurtenant thereto and provide supervision and testing as necessary for the subsequent installation (by others) of said pumps, controls and appurtenant items for the F.Y. 2013 Riverview Recreation Area Restroom City of Waterloo Contract No. 841, 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 Bidders 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 provide and deliver said equipment 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 provide and deliver said equipment 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. FORM OF CONTRACT CONTRACT NO. 841 PAGE 1 OF 4 PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of 'Notice to Proceed" and complete it on or before the dates specified in the Notice of Hearing and Notice to Bidders, unless an extension of time is granted in writing by the Council of the City. PAR. 6 Should the Contractor fail to provide and deliver said equipment in strict accordance with the terms and conditions of this contract, or the plans and specifications therefore 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 City shall have the right to appoint one or more 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 reviewer. Such 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. 8 Any material which has been rejected by the 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. 9 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 10 PAR 11 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. 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. 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 delivery and acceptance of said equipment, 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 equipment delivered and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. FORM OF CONTRACT CONTRACT NO. 841 PAGE 2 OF 4 PAR. 13 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 $ 52,729.40 . PAR. 14 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. PAR. 15 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. 16 PAR. 17 The Contractor shall maintain all equipment described hereunder in good order for the period of either three (3) after its complete delivery to the project site or two (2) years from and after the date it is satisfactorily installed (by others) and is accepted by the Council of the City of Waterloo, Iowa, whichever period comes first. Said maintenance shall be made without expense to the City. This is in addition to warrantees required for specific equipment items as specified in the Project Specifications. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within said two (2) or three (3) years, 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 equipment, 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 equipment shall continue until three (3) months after such notice has been given to the City, and, in any event, until three (3) years after its complete delivery to the project site or two (2) years after the acceptance of the work, whichever period comes first. PAR 18 The Contractor shall comply with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." PAR 19 The Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et. seq.), and the Federal Water Pollution Control Act (33 U.S.C. 1251 et. seq.). FORM OF CONTRACT CONTRACT NO. 841 PAGE 3 OF 4 C'Y OF WATERLOO, IOWA 7(14Z ayor City Clerk Contractor BY: Title: Approved by the City Council of the City of Waterloo, Iowa, this Irl -day of AI 2013. A .1"1 'EST: FORM OF CONTRACT , City Clerk, Waterloo, Iowa CONTRACT NO. 841 PAGE 4 OF 4 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Boulder Contracting, LLC of Grundy Center, Iowa (hereinafter called the Principal), and of (hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter called the Oblige), in the penal sum of Fifty-two Thousand, seven hundred,_ twenty-nine and forty cents Dollars ($52329.40 ), lawful money of the United States, to payment of which sum, well and truly to be made, the Principal here firmly binds himself/themselves, his/their heirs, executors, and administrators, and the said Surety binds himself, his successors, assigns, executors, and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, WHEREAS the above bounden Principal did, on the 1 U —day of 2013, enter into a written contract with the City of Waterloo, Iowa, for providing and delivering pumps and controls and such other equipment appurtenant thereto for the F.Y. 2013 Riverview Recreation Area Restroom City of Waterloo Contract No. 841, a copy of which contract, together with all of its terms, covenants, conditions, and stipulations, is incorporated herein and made a part hereof as full and completely as if said contract were recited at length herein; and INsDk— WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons, firms or corporations having contracts directly with the Principal or with subcontractors, all just claims due them for labor performed or materials furnished in the performance of the contract on account of which bond is given when the same are not satisfied out of the portion of the contract price which the public corporation is required 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 claims of said claimants against said portion of the contract price shall have been established as provided by law. Now, if the Principal shall in all respects fulfill his said contract according to the terms and tenor thereof, and shall satisfy all claims and demands incurred for the same, and shall fully indemnify and save harmless the Oblige from all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Oblige all outlays and expenses which it may incur in making good any such default, then the obligation is to be void and of no effect, otherwise to remain in full force and effect. FORM OF BOND PAGE 1 OF 2 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 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 Oblige at the time such work was accepted. WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 2013. Principal By: Surety Attorney -in -Fact FORM OF BOND PAGE 2 OF 2 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Boulder Contracting, LLC (Name of Contractor) (Address of Contractor) a , herein called Principal, (Corporation, Partnership or Individual) and (Name of Surety) (Address of Surety) hereinafter called the Surety, are held and firmly bound unto The City of Waterloo, Iowa (Name of Owner) 715 Mulberry St, Waterloo, IA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, ($ ) in lawful money of the United States, to 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 of 2013, a copy of which is hereto attached and made a part hereof for the construction of: F.Y.2013 Riverview Recreation Area Restroom NOW, THEREFORE, if the Principal shall promptly make payment to all person, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the persecution of the WORK provided for in such contract, and any authorized extension of 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 SUBCONTACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. FORM OF BOND PAGE 1 OF 2 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 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 WHEREOF, this instrument is executed in counterparts, each one (number) of which shall be deemed an original, this the day of 2013. Al 1EST: Principal (Principal) Secretary (SEAL) By: (s) Witness as to Principal (Address) (Address) Surety ATTEST: By Attorney -in -Fact Witness as to Surety (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. FORM OF BOND PAGE 2 OF 2