HomeMy WebLinkAboutB & B Builders and Supply-8/13/2012FORM OF CONTRACT
CONTRACT FOR THE CONSTRUCTION OF
F.Y. 2013 SIDEWALK REPAIR ASSESSMENT PROGRAM — ZONE 2
CITY OF WATERLOO, IOWA
CONTRACT NO. 826
This contract made and entered into this T day of
, 20( --by and
between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to
as City), and B & B BUILDERS AND SUPPLY of Waterloo, Iowa, (hereinafter
referred to as Contractor), WITNESSETH:
PAR. 1
PAR. 2
PAR. 3
Contractor agrees to build and construct the FY 2013 SIDEWALK
REPAIR ASSESSMENT PROGRAM — ZONE 2, Contract No. 826
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.
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.
FORM OF CONTRACT PAGE 1 OF 5 PAGES
PAR. 4
PAR. 5
PAR. 6
PAR. 7
PAR. 8
PAR. 9
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
November 30, 2012 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 property allegedly caused by the
Contractor, or his agents, while work is done pursuant to this agreement.
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.
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.
FORM OF CONTRACT PAGE 2 OF 5 PAGES
PAR. 10
PAR. 11
PAR. 12
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.
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.
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
PAR. 15
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 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.
FORM OF CONTRACT PAGE 3 OF 5 PAGES
PAR. 16
PAR. 17
PAR. 18
PAR. 19
PAR. 20
PAR. 21
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 $294,081.42.
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 PAGE 4 OF 5 PAGES
CITY F WATERLOO, IOWA
ayor
B & B BUILDERS AND SUPPLY
Contractor
BY:
Title: OWNER
Approved by the City Council of the City of Waterloo, Iowa, this I
day of , 202.
ATTEST:
L
, City Clerk
Waterloo, Iowa
FORM OF CONTRACT PAGE 5 OF 5 PAGES
Bond No. IAC116640
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, B & B Builders & Supply , of Waterloo, Iowa
(hereinafter called the Principal), and Merchants Bonding Company (Mutual)
Of Des Moines, Iowa (hereinafter
called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter
called the Obligee), in the penal sum —Two Hundred Ninety Four Thousand Eighty One & 420a ffals
(--294,081.42-), 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 day of
20:12_, enter into a written contract with the City
of Waterloo, Iowa, for the construction Of F.Y. 2013 Sidewalk Assessment Program -Zone 2 -Contract No. 826
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 Obligee from all costs
and damages which it may suffer by reason of failure to do so, and shall fully
reimburse 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 effect,
otherwise to remain in full force and effect.
FORM OF BOND PAGE 1 OF 2 PAGES
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
B & B Builders & Supply
5728 Sierra Drive, Waterloo, Iowa 50701
(Name of Contractor)
(Address of Contractor)
a Individual , hereinafter called Principal,
(Corporation, Partnership or Individual)
and Merchants Bonding Company (Mutual)
(Name of Surety)
2100 Fleur Drive, Des Moines, Iowa 50321
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
City of Waterloo, Iowa
(Nam of Owner)
717 Mulberry, Waterloo, Iowa 50703
(Address of owner)
hereinafter called OWNER, in the penal sum of Two Hundred Ninety Four Dollars, $(--294,081.42 )
Thousand Eighty One & 42/100—
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 of
2412 a copy of which is hereto attached and made a part hereof for the construction of:
F.Y. 2013 Sidewalk Assessment Program -Zone 2-Cqntract No. 826
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
PROVIDED, FURTHER, that the said Surety for value receivedhereby stipulates and agrees
thatno change, extension oftime, 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 addidon to the terms of the contract or to the WORK or to the
SPECIFICATIONS.
PROVIDED. FURTHER. thatno final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder. whose claim may be unsatisfied.
N WITNESS HEREOF. this instrument is executed in six 6 comterparts, each one of
which shall be deemed as original, this the ( )day of t" Lk - ,-a (---
2012 . (6
ATTEST:
(Niftiest) &cram
(SEAL)
at -Lc_, ii /1(162(
Witness u a Prlm tptl -
O
1 tc b, 6_0—w) (
ATTEST:
Witn = to Stray
604 Locust Street, Suite 800
(mdeais)
Des Moines, Iowa 50309-3713
B & B Builders & Supply
P.inels.l
By 4/ (3)
5728 Sierra Drive
(Agleam)
Waterloo, Iowa 50701
MercbMnts Bonding Cpiny (Mutual)
S
Drone R. YoungAttontey n -pact,'
2100 Fleur Drive
(Addrasi)
Des Moines, Iowa 50321
a Resident Agent
NOTE: Date of BOND must not be prior to date of Contract
If CONTRACTOR is Partnership, all partners should execute BOND.
MERCHAN;N\
BONDING COMPANY,.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"),
and that the Companies do hereby make, constitute and appoint, individually,
John W. Ahrold, John R. Fay, Matthew R. Fay, Karlene K. Kentner, Jennifer D. Stark, Dione R. Young
of Des Moines and State of Iowa their true and lawful Attomey-in-Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
FIFTEEN MILLION (515,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
effect as though manually fixed."
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 25th day of June . 2012 .
STATE OF IOWA
COUNTY OF POLK ss.
.........
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MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
747,e,„
President
On this 25th day of June , 2012 , before me appeared Larry Taylor, to me personally known, who being by me duly swom did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year
first above written.
MARANDA GREENWALT
Commission Number 770312
My Commission Expires
October 28, 2014
STATE OF IOWA
COUNTY OF POLK ss.
�i
ast a `1� i � i� tc.t .L4
Notary Public. Polk County, Iowa
I, William Wamer, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC..
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
this day of , 2012
POA 0014 (11/11)
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Secretary
OP ID: DY
4COR L'CERTIFICATE OF LIABILITY INSURANCE
DA 08/0w 1�8/
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).
PRODUCER515-309-6200
AHROLD FAY ROSENBERG, INC.515-309-6225
604 Locust St., Ste. 800
Des Moines, IA 50309-3713
BM Accounts
NCAAMEACT
PHONE FAX
INC. No. Ext): INC, No):
E-MAIL
ADDRESS:
PRODUCER BStBBU-1
CUSTOMER ID 0:
INSURERS) AFFORDING COVERAGE
NAIC 9
INSURED B & B Builders & Supply
5728 Sierra Drive
Waterloo, IA 50701
INSURERA: Bituminous Insurance Companies
20095
INSURER 5 :
INSURER C:
01/01/12
INSURER D:
EACH OCCURRENCE
INSURER E :
1,000,000
INSURER F :
PREM SES EaENTED ocaurence)
•
•
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSR
SUBR
WW
POUCY NUMBER
POLICY
(MM/D
MV DIYYYYj
MR]
LIMITS
A
GENERAL
LIABILn7
COMMERCIAL GENERAL LIABILITY
OCCUR
CLP3564248
01/01/12
01101/13
EACH OCCURRENCE
$
1,000,000
X
PREM SES EaENTED ocaurence)
$
100,000
CLAIMS -MADE X
MED EXP (Any one person)
$
5,000
X
Contractual LiabPERSONAL
& ADV INJURY
$
1,000,000
X
XCU Included_
GENERAL AGGREGATE
$
2,000,000
GENII
AGGREGATE LIMIT APPLIES PER:
POLICY n JECOT L I LOC
PRODUCTS - COMP/OP AGG
$
2,000,000
7
Emp Ben.
$ 2,000,000
A
AUTOMOBILE
LUIBIUTY—
ANY AUTO
AU. OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
CAP3564249
01/01/12
01/01/13
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
X
BODILY INJURY (Per person)
$
—
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)—
$
$
$
A
X
UMBRELLA UAB
EXCESS LIAR
X
OCCUR
CLAIMS -MADE
CUP2590436
01/01/12
01/01/13
EACH OCCURRENCE
$
2,000,000
AGGREGATE
$
—
DEDUCTIBLE
RETENTION $ 10,000
$
X
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
11 yes, describe under
DESCRIPTION OF OPERATIONS
YIN
N / A
WC3564251
01101/12
01/01/13
WC STATU- OTH-
X TORY LIMITS I ER
E.L EACH ACCIDENT
$
500,000
EL DISEASE - EA EMPLOYEE
$
500,000
below
EL DISEASE - POLICY LIMIT
$
500,000
A
CONTRACTORS
EQUIPMENT COVERAGE
CLP3564248
01/01112
01/01/13
LIMIT
DED
822,776
1,800
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, Ir moon apace Is required)
For: F.Y. 2013 Sidewalk Assessment Program Zone 2, Contract No. 826. City
of Waterloo Iowa is an additional insured on the commercial
general liability policy in connection with this project.
CERTIFICATE HOLDE
WATER -1
Cityof Waterloo
715 Mulberry St.
Waterloo, IA 50703
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN
ACCORDANCE WITH THE POUCY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2009109)
O 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD