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HomeMy WebLinkAboutTschiggfrie Excavating Co-9/27/2010FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2011 RAINBOW DRIVE AND LETSCH ROAD FORCE MAIN CITY OF WATERLOO, IOWA CONTRACT NO. 792 This contract made and entered into this ( day of , 2010, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and TSCHIGGFRIE EXCAVATING CO., of Dubuque, Iowa, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 Contractor agrees to build and construct the F.Y. 2011 RAINBOW DRIVE AND LETSCH ROAD FORCE MAIN, CONTRACT NO. 792 , 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 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. 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 FORM OF CONTRACT PAGE 1 OF 5 PAGES PAR. 5 PAR. 6 PAR. 7 PAR. 8 PAR. 9 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 12, 2010 , 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 $116,065.13. 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 Tess 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 OF WATERLOO, IOWA Mayor a„/ City Clerk Contractor Approv by the City Council of the City of Waterloo, Iowa, this day of ATTEST: , 2016. , City Clerk Waterloo, Iowa FORM OF CONTRACT PAGE 5 OF 5 PAGES Bond Number CMIFSU 0514037 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, TSCHIGGFRIE EXCAVATING CO. , of Dubuque, Iowa (hereinafter called the Principal), and International Fidelity Insurance Company of Newark NJ (hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter called the Obligee), in the penal sum One Hundred Sixteen Thousand Sixty -Five and 13/100 Dollars ($116,065.13 ), 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 411 , 20 i/,, enter into a written contract with the City of Waterloo, Iowa, for the construction of F.Y. 2011 RAINBOW DRIVE AND LETSCH ROAD FORCE MAIN, CONTRACT NO. 792 , 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 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. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 Tschiggfrie Excavating Co. Principal International Fidelity Insurance Company Surety awlck. Attorney rz in -fa a"Ct Nin y c D. Sch FORM OF BOND PAGE 2 OF 2 PAGES Bond Number CMIFSU 0514037 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Tschiggfrie Excavating Co. (Name of Contractor) 425 Julien Dubuque Drive, Dubuque IA 52003 (Address of Contractor) a Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and International Fidelity Insurance Company (Name of Surety) One Newark Center, 20th Floor, Newark NJ 07102 (Address of Surety ) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of $116,065.13------------ Dollars, $(116,065.13--- ) 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 Princip 1 e ered into a certain contract with the OWNER, dated the day of 20 1,0, a copy of which is hereto attached and made a part hereof for the constru 'tion of: F.Y. 2011 Rainbow Drive and Letsch Road Force Main 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 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 3 counterparts, each one of (number) which shall be deemed an original, this the day of 20 ATTEST: (Principal) Secretary (SEAL) Witness as to Principal oc), 6ggcr6s ExcavaUng Co. Dubuque Dr. Dubuque, Cr 7la 52003 ATTEST: Tschiggfrie Excavating Co. Principal (Address) International Fidelity Insurance Company uety BY )ca ry o ey-in- alStancy D. 5, warz 4200 University Avenue #200 (Address) 4200 University Avenue #200 West Des Moines IA 50266 (Address) West Des Moines IA 50266 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. - e • Tel {9n) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ' HOME OFFICE: ONE NEWARK CENTER, 24TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BOND/EIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THERE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey. and having Fie principal office 1n the City of Newark. New Jersey. does hereby constitute and appoint GREG T. LAMAIR, MARL{ E. KEAIRNES, F. MELVYN HRUBETZ, JEFFREY R. BAKER, JOYCE O. HERBERT, PATRICK K. DUFF, JOSEPH L SCHMIT, NANCY D. SCHWARZ sWest Des Moines, IA. 1 h8 one and levied anurney(s to --sacs to =cum, seal and deliver ibr and on Its behalf as suretyand all bonds and underratdngs, contracts of indenutiry and other writhes obligatory in nature 1 re thereof. which are or may be allowed required or • ra>} . (". law, sfawte, tui re �, contact or otherwise and the eu�on of inch instrnment(s) in pursuance of these presents, shell be as ,t,�g upon said IIIR1 VIRATIONAL FIDELITY 1NSURAF4CE COMPANY. as fully and amply, to all intents and pmpoaes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Powe of Attorney is executed, and may be revoked pursuant to and by authority of Article 3 -Section 3, of the B -Laws adoptedby the Board of Directors of INTERNATIONAL FIDEISLY INSURANCE COMPANY at a meeting called and held on the 7th day ofebmary.1974. The President or any Vice President, Bxecudve Vice President, Secretary or Assistant Secretary. shall have power and authority (1)'lb appoint Attorneys -ht -taut, and to authorize Clem to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and underta1dn s, contracts of indemnity and other wridags obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further this Fewer of Mornay is s4i and sealed byim pumuan n of the Board of Directors of said Company adopted at a meeting Ap duly called and held on the 29th day ofril, winch wing h a tme excerpt Now therefore the sigannus of sash officers and the seal of the Company may be affixed to any such power of attorney or certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile s7 a or facsimile seal shall be valid and upon the Company and any such power so executed and certifier by facsimile signal and facsimile seal : 1 be valid and binding upon the Company in r future with respect to any bond or tmdertaldng m which It is attached IN =TAWNY signed and its corporate seal toFbe anted by a ib dayFIDELITY INSURAFICE ofOctober, A.D.niscd this m m he STATE OF NEW JERSEY County of Essex INTERNATIONAL FIDELITY INSURANCE COMPANY On this 16th day of October 20077 before me came the individual who executed the edhig nsh'ttmant. w m�ep� �IX hewn. and, being by me duly sworn, said the he la the therein desmibed and authorized officer of the INTERNA NAL FIDELITY INSIIRAIVCE COMPANY; that the sea affixed to said bistrument is the Corporate Seal of said Company; that the said Corporate Seal and bis signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WSBREOF, I have hereunto set my hand affixed my Official Sal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY L CATION My Commission Expires Nov. 21, 2010 • I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE MANY do hereby certify fiat 1 have compared the Ibregotng copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney bas not been revoked end Is now in frill force and effect IN TESTIMONY WHEREOF, I have hereunto set ray hand this day of 2010 Client#: 11962 TSCHEXCA • ACORDTM CERTIFICATE OF LIABILITY INSURANCE 9122/2010/""'") TYPE OF INSURANCE PRODUCER La Mair-Mulock-Condon Co. 4200 University Ave Ste 200 West Des Moines, IA 50266-5945 515 244-0166 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Tschiggfrie Excavating Company P 0 Box 3280 Dubuque, IA 52004-3280 INSURERA Acuity Insurance Company GENERAL LIABILITY INSURER B: 10/01/09 INSURER C: EACH OCCURRENCE INSURER D: X INSURER E: PREMISES EaGE TOEoowrrenoel COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L NSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POUCY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY K77023 CB7242 10/01/09 10/01/10 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES EaGE TOEoowrrenoel $100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $5,000 X PD Ded: $500 PERSONAL a ADV INJURY $1,000,000 X Completed Ops GENERAL AGGREGATE $2,000,000 GEN'L —I AGGREGATE LIMIT APPLIES PER: POLICY n ECT R7 LOC PRODUCTS - COMP/OP AGG $2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Drive Other Car 1(77023 10/01/09 10/01/10 COMBINED SINGLE LIMIT (Ea acddent) $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ GARAGE UABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY 1(77023 10/01/09 10/01/10 EACH OCCURRENCE $5,000,000 )71 OCCUR CLAIMS MADE AGGREGATE $5,000,000 DEDUCTIBLE RETENTION $ 0 $ $ X $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Ifyesdescribe under SPECIAL PROVISIONS below K77023 10/01/09 10/01/10 X OR STATU- OTN- TORY LIMITS ER E.L. EACH ACCIDENT $100,000 E.L. DISEASE- EA EMPLOYEE $100,000 E.L. DISEASE - POLICY LIMIT $5002000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: FY 2011 Rainbow Drive & Letsch Road Force Main, Contract #792 The City of Waterloo is named as Additional Insured with regard to the above referenced project. CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry Street Waterloo, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THECERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZEDORZE�REPRESENTATIVE ACORD 25 (2001/08) 1 of 2 #S185967/M154216 MMS © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 2 #S185967/M154216