HomeMy WebLinkAboutReilly Construction Co-10/22/2012FORM OF CONTRACT
CONTRACT FOR THE CONSTRUCTION OF
DRY RUN CREEK GATE WELL REPLACEMENT
CITY CONTRACT NO. 814
CITY OF WATERLOO, IOWA
This contract made and entered into this
day of r), 2012, by and between the
City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as (City), and
Reilly Construction Co., Inc.
, of Ossian, Iowa
(hereinafter referred to as Contractor), WITNESSETH:
PAR. 1 Contractor agrees to build and construct the DRY RUN CREEK GATE WELL
REPLACEMENT, CITY CONTRACT NO. 814, and fumish 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
PAR. 3
PAR. 4
PAR. 5
PAR. 6
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 fumish at its own cost and expense, all necessary materials and
labor for said work and to construct said improvements in a thorough, substantial, and
workmanlike manner, and in strict accordance with the requirements of this contract, and of
the plans and specifications made a part hereof by reference, and to the satisfaction and
approval of the City and its engineer.
The Contractor agrees to perform said work and install said improvements on the terms set
out in bid or proposal to the City which has been accepted by the City and which is by
reference made a part of this contract.
The work under the proposed contract shall be commenced within ten (10) working days after
receipt of "Notice to Proceed" and all items shall be completed on or before June 15 ,
2013. The completion date will be administered based on 60 working days and winter
work as defined by IDOT Standard Specifications will not be required. All work associated
with the closure of Washington Street shall be complete and Washington Street shall be
reopened to traffic within 14 calendar days from the closure date. All work associated with the
West 6th Street Closure including the Washington Street intersection shall be complete and
reopened to traffic within 28 calendar days from the closure date.
Should the Contractor fail to complete said improvements 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
FORM OF CONTRACT
C-1 DryRunArchStormSewer-60217467.13
PAR. 7
PAR. 8
PAR. 9
PAR. 10
PAR. 11
PAR. 12
PAR. 13
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.
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.
The Contractor agrees to fumish 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.
FORM OF CONTRACT
C-2 DryRunArchStormSewer-60217467.13
PAR. 14
The Contractor agrees that should it abandon work under this contract or cease the
prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and
should it fail to proceed with said work within ten (10) days after a notice to continue or carry it
on has been mailed to it at the address given herein by the City, or after such notice has been
served on it, then the City may proceed to complete said work, using any material, tools, or
machinery found along said line of work, doing the work either by contract or as it may elect,
and the Contractor and the sureties on its bond shall be liable to the City for the costs and
expenses so paid out. Said costs shall be retained by the City from any compensation due, or
to become due the Contractor, and may be recovered by the City in an action upon
Contractor's bond.
PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions,
stipulations, and conditions hereof, or contained in the various instruments made a part of this
contract by reference, and upon completion and acceptance of said work, the City agrees to
pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money
due the Contractor for work performed and accepted, at the unit prices set out in the
Contractor's proposal, which has been accepted by the City.
PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the
Contractor's unit bid prices, and for which 100% surety bond is required is $
PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean up
said streets, and to save the City harmless from any damage allegedly resulting from a failure
to clean up and remove the debris or put the street back in a proper condition for travel.
PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the
various instruments incorporated by reference, this contract shall govem.
PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this
contract, it shall execute and file a bond in the penal sum of not less than 100% of the total
amount of the contract, same to be known as "Maintenance Bond," and which bond must be
approved by the City Council, and which bond is in addition to the bond given by the
Contractor to guarantee the completion of the work.
PAR. 20
The Contractor shall maintain all work done hereunder in good order for the period of two (2)
years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said
maintenance shall be made without expense to the City or the abutting property. In the event
of the failure or default of the Contractor to remedy any or all defects appearing in said work
within a period of two (2) years from the date of its acceptance by said Council, and after
having been given ten (10) days notice so to do by registered letter deposited in the United
States Post Office in said town, addressed to said contractor at the address herein given, then
the City may proceed to remedy such defects. The costs and expenses thereof to be
recovered from the Contractor and the sureties on its maintenance bond by an action brought
in any court of competent jurisdiction.
FORM OF CONTRACT C-3 DryRunArchStormSewer-60217467.13
PAR. 21
The Contractor shall give notice to said City by registered letter directed to the Mayor or City
Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the
expiration of the term during which the Contractor is required to maintain said improvements,
in good repair by the terms of its Contract. The liability of the Contractor and of the sureties
on its bond for maintenance of the said improvements shall continue until three (3) months
after such notice has been given to the City, and, in any event, until two (2) years after the
acceptance of the work.
CITY WATERLOO, IOWA
or
City Clerk
B
Title: Vic- Preside t
Approved by the City Council of the City of Waterloo, Iowa, this r1 day of
2012.
ATTEST:
IAC , City Clerk
Waterloo, Iowa
FORM OF CONTRACT C-4 DryRunArchStormSewer-60217467.13
Bond No: 0165618
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Reilly Construction Co., Inc. , of Ossian, Iowa (hereinafter called the
Principal), and Berkley Regional Insurance Company
of Urbandale, Iowa
(hereinafter called the Surety), are
Forty Sheld and eveound unto the n Thousand Six Hundred Sof eventy rlooTworeinafter and 00/100 called the
Obligee), in the penal sum of
Dollars ($ 447,672.00 ), lawful money of the United States, to payment of which sum, well and truly to be
made, the Principal here firmly binds himself/themselves, hisltheir 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,
kt'
WI j R , the above bounden Principal did, on the
day of (jc( . 201Z enter into a written contract with a City of Waterloo, Iowa, for the
construction of DRY RUN CREEK GATE WELL REPLACEMENT, CITY CONTRACT NO. 814, 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
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 Obligee at the time such
work was accepted.
PERFORMANCE BOND PFB-1 DryRunArchStormSewer-60217467.13
IN WITNESS WHEREOF, we have hereunto set our hands and seals this o\Ir day of
)(-2.)1)0-e' , 2012.
onstruction Co., Inc.
Berkley Regional Insura ompany
Surety
its /..
tt0 e -Fact Anne Crowner, Attorney -in -Fact
PERFORMANCE BOND PFB-2 DryRunArchStormSewer-60217467.13
Bond No: 0165618
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
Reilly Construction Co., Inc.
(Name of Contractor)
P.O. Box 99, Ossian, Iowa 52161
a Corporation
(Address of Contractor)
(Corporation, Partnership or Individual)
and Berkley Regional Insurance Company
(Name of Surety)
11201 Douglas Avenue, Urbandale, Iowa 50322
hereinafter called Principal,
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
CITY OF WATERLOO, IOWA
(Name of Owner)
715 MULBERRY STREET, WATERLOO, IOWA 50703
(Address of Owner)
hereinafter called OWNER, in the penal sum of Four Hundred Forty Seven Thousand Six Hundred Seventy
Two and 00/100
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 thereas, the Principal entered into a certain
contract with the OWNER, dated the ` day of 0 c�
2012, a copy of which is hereto attached and made a part hereof for the construction of:
DRY RUN CREEK GATE WELL REPLACEMENT
CITY CONTRACT NO. 814
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms,
SUBCONTRACTORS, and corporations fumishing 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
PB -1
Non -Federal
DryRunArchStormSewer-60217467,13
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 Four (4) counterparts, each one of
(number)
AuV dayof
which shall be deemed an original, this the
2012.
ATTEST:
(Principal) Secretary
(SEAL)
r(P.S(Li (
Witness as to Principal
P.O. Box 99
C
t.k'c7"
Reilly Construction Co., Inc.
Principal
Ossian, Iowa 52161
(Address)
Ossian, Iowa 52161 Berkley Regional Insurance Company
ATTEST:
Surety
ro ner Attorney -in -Fact
Holmes Murphy & Associates, Inc.
Witness as to rety Stacy Venn (Address)
Holmes Murphy & Associates, Inc.
(Address)
P.O. Box 9207, Des Moines, Iowa 50306-9207
P.O. Box 9207, Des Moines, Iowa 50306-9207
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
PAYMENT BOND
PB -2
Non -Federal
DryRunArchStormSewer-60217467.13
= resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000:
P "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and
°qualifyingthe attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations
on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto;
and further
RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances,
or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
manner and to the extent therein stated; and further
o RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and
further
v
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
tah power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or
other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as
No. 441d
POWER OF ATTORNEY
BERKLEY REGIONAL INSURANCE COMPANY
WILMINGTON, DELAWARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a
corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa,
has made, constituted and appointed, and does by these presents make, constitute and appoint: Cindy Bennett, Anne Crowner,
Brian M. Deimerly, Jay D. Freiermuth, Craig E. Hansen, Stacy L. Venn, Lacey Crambli4 Jennifer N. Murphy, Laure £
Guisinger, Timothy J. McCulloh or Shirley S. Bartenhagen of Holmes Murphy & Associates, Inc. of West Des Moines, L4 its
true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver
any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall
exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed
and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued."
O
c.
IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its
corporate seal hereunto affixed this ,..)1 day of � , 2012.
O
"' Attest:
7
t (Seal) By By
Berkley Regional Insurance Company
r F- Ira ' ! derman
O
O f'
WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER.
c STATE OF CONNECTICUT )
4 ) ss:
E COUNTY OF FAIRFIELD )
Sworn to before me, a Notary Public in the State of Connecticut, this ' 2 day of %�.....---c-�Ji , 2012, by Jeffrey M. Halter and
Ira S. Lederman who are swom to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of
r Berkley Regional Insurance Company.
EILEEN KILLEEN
__,---`;___,e, .�������__
v, NOTARY PUBLIC
S�@MIIISSION EXPtRESJUNE 30,20f2 Notary Public, State of Connecticut
CERTIFICATE
z I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the
foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked
,,
, or rescinded and that the authority of the Attomey-in-Fact set forth therein, who executed the bond or undertaking to which this
E' Power of Attorney is attached, is in full force and effect as of this date.
Given under my hand and seal of the Company, this day of , 2012 .
Senior Vice President & Secretary
J
S
mor
Hafte
ice President
(Seal)
Andrew
Instructions for Inquiries and Notices Under the Bond Attached to This Power
Berkley Surety Group, LLC is the affiliated underwriting manager for the surety business of: Acadia Insurance
Company, Berkley Insurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance
Company, Union Standard Insurance Company, Continental Western Insurance Company, and Union
Insurance Company.
To verify the authenticity of the bond, please call (866) 768-3534 or email BSGInquiry@berkleysurety.com
Any written notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached
should be directed to:
Berkley Surety Group, LLC
412 Mount Kemble Avenue
Suite 310N
Morristown, NJ 07960
Attention: Surety Claims Department
Or
email BSGCIaim@berkleysurety.com
Please include with all notices the bond number and the name of the principal on the bond. Where a claim is
being asserted, please set forth generally the basis of the claim. In the case of a payment or perfirmance bond,
please identify the project to which the bond pertains. --