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HomeMy WebLinkAboutShawver Well Company-8/6/2012CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT for 2012 RIVERFRONT SPORTS PARK WATER WELL PROJECT This Contract made and entered into this 6th day of August 2012, by and between the City of Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and Shawver Well Company, Inc., hereinafter referred to as Contractor, WITNESSETH: Par. 1 The Contractor shall furnish all supervision, technical personnel, labor, materials, and equipment to perform all work required for the 2012 RIVERFRONT SPORTS PARK WATER WELL PROJECT as described in the specifications and shown on the plans. Par. 2 The Contract Documents shall consist of the following: a. This Agreement b. Notice of Hearing c. Signed Copy of Bid d. Specifications These documents form the Contract and are all fully a part of the Contract as if attached to this Contract or repeated herein. Par. 3 The Contractor agrees to commence the work within ten (10) days after the issuance of "Notice to Proceed" and complete the work within the given time frame. Par. 4 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 passageways for water, traffic and protecting any excavation in any street or alley and maintaining proper and sufficient barricades with lights and signals during all hours of darkness and agrees to see that the backfilling is properly done and agrees to keep the City whole and defend any suits that may be brought against it by reason of any injuries that may be sustained by any person on account of doing this work by the Contractor and any agents of the Contractor. CONTRACT page 1 of 2 Par. 5 The Contractor agrees that in case a suit is brought against the City for damages sustained by reason of any act, omission or negligence of the Contractor or its agents or on account of any injuries 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 and agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and any and all persons who may use the project. Par. 6 The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. Par. 7 The Contractor agrees to pay punctually all just claims of labor, material, men or Subcontractors, who 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 bear no liability for payments due for labor or materials under this contract. Par. 8 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 the work, the City agrees to pay the Contractor: Sum of Sixty -Six Thousand, Three Hundred Eighty Four dollars and 60/100 ($66,384.60) Ci' f Waterloo, Iowa Mayor Contractor: Shawver Well Company, Inc. Name of Contractor By: 'ZI Approved by the City Council of the City of Waterloo, Iowa, this 6th day of August 2012. ATTEST: y City Clerk CONTRACT page 2 of 2 AW of CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 08/02/2012 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 1-800-300-0325 Holmes Murphy & Assoc - CR 500 lat Avenue NE, Suite 300 Cedar Rapids, IA 52401 CONTACT PHONE FAX (A/C. No. Extl: (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Indiana Insurance COMMERCIAL GENERAL LIABILITY INSURED Shawver Well Company 2700 Stanley Ave Fredericksburg, IA 50630 INSURER B : CBP8772347 INSURER C : 06/01/13 INSURERD: $ 1,000,000 INSURERS: $ 100, 000 INSURER F : COVERAGES CERTIFICATE NUMBER: 28551987 • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERALLIABILITY X COMMERCIAL GENERAL LIABILITY CBP8772347 06/01/12 06/01/13 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100, 000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE 7711 POLICY X LIMIT APPLIES JECT X PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS BA8779573 06/01/12 06/01/13 COMBINED SINGLE LIMIT (Ea accident) 1, 000, 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE CU8772647 06/01/12 06/01/13 EACH OCCURRENCE $ 6,000,000 AGGREGATE $ 6,000,000 DED RETENTIONS $ 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 / A WC8772547 06/01/12 06/01/13 X ORYLIMU- TORY LIMBS ER ER E EACH ACCIDENT $ 500, 000 E.L. DISEASE - EA EMPLOYEE $ 500, 000 E.L. DISEASE - POLICY LIMIT $ 500, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) City of Waterloo is an Additional Insured on General Liability as required by written contract with the insured, per policy terms and conditions. The policies contain a Notice of Cancellation endorsement in favor of City of Waterloo. CERTIFICATE HOLDER CANCELLATION City of Waterloo Leisure Services Commission 715 Mulberry St Waterloo, IA 50703 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) kjanney 28551987 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of Iowa County of Chickasaw ) Brad Kerr , being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of Shawver Well Co, , Inc . the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. General Manager Signature Brad Kerr Title CANDACE ACKLEY COMMISSION NUMBER 734502 MY COMMISSION EXPIRES May 16, 2014 Suhcrri ed a vtd. worm" to- lie, me.thCv ___9___ day of ally , 2012 SCg-nature, Controller rate. My e441) tee's- 11/1u CITY OF WATERLOO Council Communication City Council Meeting: August 6, 2012 Prepared: July 31, 2012 Dept. Head Signature: # of Attachments: SUBJECT: 2012 RIVERFRONT SPORTS PARK WEST EXCHANGE FIELD LIGHTING PROJECT Submitted by: Mark Gallagher, Sports Manager, Leisure Services Recommended City Council Action: Request Council adopt resolution transmitting Contracts, Bonds and Certificatcf Insurance from K & W ELECTRIC INC. of Cedar Falls, Iowa for the 2012 RIVERFRONT SPORTS PARK WEST EXCHANGE FIELD LIGHTING PROTECT at Cedar River/Exchange Park, and approve and authorize the Mayor to sign Contract between City of Waterloo & K & W Electric Inc. in the amount of Sixty Three Thousand, Nine Hundred dollars and 00/100 ($63,900.00). Summary Statement: This project is to install new lights with poles on West Exchange Diamonds. Expenditure Required: Base bid only - $63,900.00 Source of Funds: Project cost will be funded by Leisure Services -Sports Improvement and Black Hawk Gaming Grant. Policy Issue: NA Alternative: NA Background Information: • West Exchange needs lighting with the expansion of youth programming in baseball/softball and flag football. • MODUS IS UNDER CONTRACT FOR LIGHTING DESIGN FOR Riverfront Sports Park. • Contract awarded July 9, 2012.