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HomeMy WebLinkAboutB & B Builders and Supply-3/26/2012CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT for 2012 SULLIVAN PARK SHELTER PROJECT This Contract made and entered into this 26th day of March 2012, by and between the City of Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and B & B Builders & Supply, 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 SULLIVAN PARK SHELTER 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 e. Davis Bacon Requirements 1. Federal Clauses 2. Davis Bacon Poster 3. Wage Rates for Carpenters and Concrete Workers 4. Wage Reporting form (submitted weekly) 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 Fifty -One Thousand, Nine Hundred Fifty -Six dollars and 00/100 ($51,956.00) C.., of Waterloo, Io a, C.., Mayor City Clerk Contractor: B & B Builders & Supply Name of Contractor gAzovivw, Earnest G. Clark, Mayor Printed Name and Title Suzy Schares, City Clerk Printed Name and Title g bed gem s f-kez„v ect, By: Printed Name Approved by the City Council of the City of Waterloo, Iowa, this 26`" day of March 2012. ATTEST: U...C7A1C City Clerk CONTRACT page 2 of 2 Bond No. IAC116614 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, B & B Builders & Supply of Waterloo, Iowa (the "Principal'), and Merchants Bonding Company (Mutual) of Des Moines, Iowa (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of —Fifty One Thousand Nine Hundred Fifty Six & no/100— Dollars ($ —51,956.00 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about March 26, 2012 for the purpose of 2012 Sullivan Park Shelter Project . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal 'hall 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: Performance Bond Page 1 of 2 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. 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 March 26, 2012 PRINCIPAL SURETY B & B Builders & Supply Merchants Bonding Company (Mutual) Name Name ar: W Title: Owner By: Barry A. Mc v e Title: Attorne -in-F; ct & Iowa Resident Agent - (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. ,�rsi,�ivb`i ?��k� tl 0� 'h>����-`�',����'cr�` ,°�i C �-`� {�'•<, j;`�,� ,c `�cr- +-''�`�: 3. �'�^; �,',�,�•i'`'�—^' ��_ IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and' be authorized to transact business in the State where the project is located. Performance Bond Page 2 of 2 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that B & B Builers & Supply (Name of Contractor) 5728 Sierra Drive, Waterloo, Iowa (Address of Contactor) 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 (Nam of Owner) Waterloo Leisure Services Commission, 1101 Campbell Avenue, Waterloo, Iowa 50701 (Address of Owner) hereinafter called OWNER, in the penal sum of Fifty One Thousand Nin)ollars, $(-51,956.00—) Hundred Fifty Six & no/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 26th day of March 2012 , a copy of which is hereto attached and made a part hereof for the construction of: 2012 Sullivan Park Shelter Project 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 iri 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 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 dent is executed in three (3) counterparts, each one of (number) which shall be deemed an original, this the 26th day of March 2012 ATTEST: (Principal) Secretary (SEAL) Witness as to Principal 5728 Sierra Drive (Address) Waterloo, Iowa 50703 B & B Builders & Supply Principal By 24/&441G) 5728 Sierra Drive (Address) Waterloo, Iowa 50703 Merchants Bonding Company (Mutual) Surety Witness 83 to Strrcty 604 Locust Street, Suite 00 (Address) Des Moines, Iowa 50309-3713 By Barry A. McGee ttA 2100 Fleur Dive a Resident Agent (Address) Des Moines, Iowa 50321 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. (yN IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. MERCHANTS\ 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, Barry A McGee; Dione R Young; Jennifer D Stark; John R Fay; John W Ahrold; Karlene K Kentner; Matthew R Fay of Des Moines and State of IA 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: 1411"1'LEN MILLION ($15,000,000.00) 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 Attorney 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 10thday of February , 2012 . a•• • R Rf�?OsP0A.� A9y : MERCHANTS NATIONAL BONDING,(Ms grcP ° q• • mo' 20+,03.� �• 1933 •: c: 7,‘17"'•-• By STATE OF IOWA • •• �*0% ••• * •• • COUNTY OF POLK ss. .""".""na President On this 10thday of February 2012, before me appeared Lany 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. STATE OF IOWA COUNTY OF POLK ss. 44.. MARANDA GREENWALT Commission Number 770312 •My Commission Expires October 28, 2014 L. Notary Public, Polk County, Iowa n &gal 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. this In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on 26th day of March 2012 • POA 0014 (11/11) Secretary OP ID: DY `44,'c,.,R�'. "� CERTIFICATE OF LIABILITY INSURANCE DAT03/26D/YYY1t7 03/26/12 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.PHONE 604 Locust St., Ste. 800 515-309-6225 Des Moines, IA 50309-3713 Barry Ba A.McGee ONNEACT FAX INC. No, Ext): (A/C, No): E-MAIL ADDRESS: PRODUCER CUSTOMER ID #: B$<BBU-1 INSURER(S) AFFORDING COVERAGE NAIC # INSURED B & B Builders & Supply 5728 Sierra Drive Waterloo, IA 50701 INSURERA: Bituminous Insurance Companies 20095 INSURER B : CLP3564248 INSURER C : 01/01/13 INSURER D : $ 1,000,000 INSURER E : DREMISAMAGEES (ES (RENTEDa Poccurrence) INSURER F : COVERAGES CERTIFICATE 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. INR LTRINSR TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL LUU3ILfY COMMERCIAL GENERAL LIABILITY OCCUR X CLP3564248 01/01/12 01/01/13 EACH OCCURRENCE $ 1,000,000 X DREMISAMAGEES (ES (RENTEDa Poccurrence) $ 100,000 CLAIMS -MADE X MED EXP (Any one person) $ 5,000 X Contractual Llab PERSONAL & ADV INJURY $ 1,000,000 X XCU Included GENERAL AGGREGATE $ 2,000,000 GEN'L —1 AGGREGATE LIMIT POLICY n jECOT- APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 LOC Emp Ben. $ 2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL 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 MB EXCESS LIAB 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' LIABILnY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS Y/ N N / A WC3564251 01/01/12 01/01/13 X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 below E.L. DISEASE - POLICY LIMIT $ 500,000 A CONTRACTORS EQUIPMENT COVERAGE CLP3564248 01/01/12 01/01/13 LIMIT 822,776 DED 1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: 2012 Sullivan Park Shelter Project. Certificate holder Is included as additional insured on the general liability as respects the operations of the named insured. CERTIFICATE HOLDER WATER -1 City of Waterloo Leisure Services Commission 1101 Campbell Avenue Waterloo, IA 50701Q i 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 (2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. 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