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HomeMy WebLinkAboutFY17 E. 5th St Pkg Garage Rprs Cont 930 - McGill Restoration-6/26/2017FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2017 EAST 5TH STREET PARKING GARAGE REPAIRS CITY OF WATERLOO, IOWA CONTRACT NO. 930 This contract made and entered into this Lo day of '-.144 / , 2017, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and McGill Restoration of Omaha, Nebraska, , (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the F.Y. 2017 EAST 5TH STREET PARKING GARAGE REPAIRS 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 Base Bid: The Contractor agrees to commence said work after receipt of "Notice to Proceed" but no later than August 1, 2017. Work shall be completed in stages. Stage 2, Stage 3, Stage 5, and Stage 6 shall be completed with 20 maximum working days per stage. All work on Levels A, B, C, and D requiring off-site parking relocation have an intermediate completion date of November 15, 2017. No work between the dates of November 16, 2017 and March 31, 2018 is allowed without prior approval of the Engineer. All work shall be completed on or before June 151h, 2018. Dates and working day requirements shall be met unless extensions are 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 FORM OF CONTRACT CONTRACT NO. 930 C-1 of 4 AECOM #60492069 East 51" Street Parking Garage Repairs 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. 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 PAR. 14 PAR. 15 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. 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. 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 FORM OF CONTRACT CONTRACT NO. 930 C-2 of 4 AECOM #60492069 East 5'h Street Parking Garage Repairs PAR. 16 PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 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. 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 $444 854.00. 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. FORM OF CONTRACT CONTRACT NO. 930 C-3 of 4 AECOM #60492069 East 5'" Street Parking Garage Repairs Approved ATTEST: CITY OF WATERLOO, IOWA Mayor ityClerk Clerk MC Contractor BY: ;1 / Rc 1or AT 1/2, F Igt4e4" Title: by the City Council of the City of Waterloo, Iowa, this ' day of , 2017. , City Clerk Waterloo, Iowa FORM OF CONTRACT CONTRACT NO. 930 C-4 of 4 AECOM #60492069 East 5'h Street Parking Garage Repairs Bond Number 124360 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we McGill Restoration, Inc. of 2821 Grebe Street, Omaha, NE 68112 (the 'Principal"), and Universal Surety Company of sol s 12th St #100, Lincoln, NE 68508 (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Four Hundred Forty Four Thousand Eight Hiundreri Fifty Four and no/1 nn Dollars ($ 444,854.00 ), lawful money of the United States, fi9r the payment of said sum in connection with a contract (the "Contract") dated on or about (;/2 _ t; / 1 for the purpose of East 5th Street Parking Garage Repairs . 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 perforin 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 AECOM #60492069 CONTRACT No. sao PFB-1 of 2 East 5th Street Parking Garage 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 _ PRINCIPAL MC6, // /Z&s7ci' Name By: Title: P SURETY Universal Surety Company Name By: j4w Title:Christine Henry, 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. 930 PFB-2 of 2 AECOM #60492069 East 5th Street Parking Garage Repairs Bond Number 124360 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that McGill Restoration, Inc. (Name of Contractor) 2821 Grebe Street, Omaha, NE 68112 a (Address of Contractor) Corporation (Corporation, Partnership or Individual) and, Universal Surety Company hereinafter called Principal, (Name of Surety) 601 S 12th St #100, Lincoln, NE 68508 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo, Iowa (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Four Hundred Forty Four Thousand Eight Hundred Fifty Four and 00/100 Dollars ($ 444,854.00 ) 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 p resents. THE CONDITION OF THIS OBLIGATION is such that wh reas, the Principal entered into a certain contract with the OWNER, dated the 'J- day of 2017, a copy of which is hereto attached and made a part hereof for the construction of: FY 2017 EAST 5TH STREET PARKING GARAGE REPAIRS 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. PAYMENT BOND CONTRACT NO. 930 PB -1 of 2 AECOM #60492069 East 5th Street Parking Garage Repairs 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 HEREOF, this instrument is executed in 1 counterparts, each one (number) of which shall be deemed an original, this the '2-- t ' day of \., .,_ , 2017. ATTEST: (SEAL) (Pr al) Secretary oeCIVAu dt sgVtnes as tpa 2821 Grebe Street, Omaha, NE 68112 (Address) McGill Restoration, Inc. By Principal ✓ , wt44. ''/ (s) 2821 Grebe Street, Omaha, NE 68112 (Address) Universal Surety Company ATTEST: By VC),4Ab )00b.0 Witness as to Surety (Address) Suety Attorney -in- act ns, a Henry 601 S 12th St #100, Lincoln, NE 68508 12702 Westport Parkway Suite 200, La Vista, NE 68138 (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. PAYMENT BOND CONTRACT NO. 930 PB -2 of 2 AECOM #60492069 East 516 Street Parking Garage Repairs UNIVERSAL SURETY COMPANY Lincoln, Nebraska POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the UNIVERSAL SURETY COMPANY, a corporation of the State of Nebraska having its principal office in the City of Lincoln, Nebraska, pursuant to the following Bylaw, which was adopted by the Board of Directors of the said Company on July 23, 1981, to wit: "Article V -Section 6. RESIDENT OFFICERS AND ATTORNEYS -IN -FACT. The President or any Vice President, acting with any Secretary or Assistant Secretary, shall have the authority to appoint Resident Vice Presidents and Attomeys-In-Fact, with the power and authority to sign, execute, acknowledge and deliver on its behalf, as Surety: Any and all undertakings of suretyship and to affix thereto the corporate seal of the corporation. The President or any Vice President, acting with any Secretary or Assistant Secretary, shall also have the authority to remove and revoke the authority of any such appointee at any time." - does hereby make, constitute and appoint Marcia Fidler or Christine Henry, Omaha, Nebraska or Joanne M. Bogers, Gretna, Nebraska its true and lawful Attmney(s)-in-Fact, to make, execute, seal and deliver for and on its behalf, as Surety: Any and all undettakings of suretyship And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Lincoln, Nebraska, in their own persons. The following Resolution was adopted at the Regular Meeting of the Board of Directors of the UNIVERSAL SURETY COMPANY, held on July 23, 1981: "RESOLVED, That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed in accordance with Article V -Section 6 of the Company Bylaws: and that any such Power of Attomey bearing such facsimile signatures, including the facsimile signature of a certifying Assistant Secretary and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." All authority hereby conferred shall remain in full force and effect until terminated by the Company. IN WITNESS WHEREOF, UNIVERSAL SURETY COMPANY has caused these presents to be signed by its President and its corporate seal to be hereunto affixed this 15th day of January 20 15 . UNIVERSAL SURETY COMPANY (Ida /let Secretaryffreasurer By President State of Nebraska ss. County of Lancaster uxey•. CORPORAIE•j i` SEAL 'dill. On this 15th day of January , 20 15 , before me personally came Curtis L. Harter, to me known, who being by me duly sworn, did depose and say that (s)he resides in the County of Lancaster, State of Nebraska; that (s)he is the President of the UNIVERSAL SURETY COMPANY, the corporation described in and which executed the above instrument; that (s)he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that (s)he signed (his) (her) nave by like order; and that Bylaw, Article V -Section 6, adopted by the Board of Directors of said Company, refereed to in the preceding instrument, is now in force. iblabirckLiA GENENixuram-swerem,sta TARA N. MARTIN M Comm. Exp. Po W rry 1 A• FUI9 My Commission Expires Febmary 16, 2018. Notary Public I, Cheryl A. Brown, Assistant Secretary of UNIVERSAL SURETY COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said UNIVERSAL SURETY COMPANY, which is still in full face and effect. Signed and sealed at the City of Lincoln, Nebraska this day of 20 ditty Assistant Secretary Client#: 59526 MCGIL2 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/26/2017 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 INSPRO Insurance, Inc. 12702 Westport Parkway,Suite #200 P LaVista, NE 68138 402 333-5700 CONTACT Marcia Fidler NAME: PHONE 402 N333-5700 NFAX 402 333-0633 Exl: A/C, No: -MCAIL ADDRESS: mfidler@insproins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Employers Mutual Insurance 21415 INSURED McGill Restoration, Inc. 2821 Grebe Street Omaha, NE 68112 INSURER B: Travelers Insurance Company INSURERC: - NSURER D: $1,000,000 INSURER E : INSURER F : X COVERAGES CERTIFICATE NUMBER: 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'ryPE LTR OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD!YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X 5D04583 01/01/2017 01/01/2018 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO occu ence) $100,000 MED EXP (Any one person) $ 10 000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GE 'L AGGREGATE POLICY OTHER: X IN LIMIT APPLIES PER: LOC PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE X X XDrive LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS Oth Car X SCHEDULED AUTOS NON -OWNED AUTOS X X 5E04583 01/01/2017 01/01/2018 COaB`deDlSINGLELIMIT t.1,000,000 $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A B x x UMBRELLALIAB EXCESSLIAB X X OCCUR CLAIMS -MADE 5J04583 ZUP61M2404A 01/01/2017 01/01/2017 01/01/2018 01/01/2018 EACH OCCURRENCE $5,000,000 AGGREGATE $10,000,000 $ DED X RETENTION$10000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N N / A X 5H04583 01/01/2017 01/01/2018 X STATUTE EORH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) 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 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S871228/M816736 MMFI