HomeMy WebLinkAboutPlumb Tech - HVAC Replacement-7/17/2017FORM OF CONTRACT
CONTRACT FOR THE CONSTRUCTION OF
GENERAL AVIATION TERMINAL HVAC REPLACEMENTS
CITY OF WATERLOO, IOWA
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This contract made and entered into this � day of
between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and
, 2017, by and
Plumb Tech, Inc.,
referred to as Contractor), WITNESSETH:
PAR. 1
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PAR. 8
of Waterloo, Iowa , (hereinafter
Contractor agrees to build and construct the GENERAL AVIATION TERMINAL HVAC
REPLACEMENTS and furnish all necessary tools, equipment, materials, and labor
necessary to do all the work called for in the Contract Documents 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 Contract Documents 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 Contract Documents 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 Contractor agrees to commence said work within ten (10) working days after receipt of
"Notice to Proceed" and complete it on or before July 31, 2017, 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 Contract Documents 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,
FORM OF CONTRACT
AECOM 60532584
GENERAL AVIATION TERMINAL
HVAC REPLACEMENTS
C-1 of 3
PAR. 17
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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.
CITY OF WATERLOO, IOWA
Mayor
Contractor
BY: Brett Behrends
Title: Vice President
Approved by the City Council of the City of Waterloo, Iowa, this
ATTEST: I
FORM OF CONTRACT
AECOM 60532584
t1t _ City Clerk
Waterloo, Iowa
day of 2017.
GENERAL AVIATION TERMINAL
HVAC REPLACEMENTS
C-3 of 3
EXHIBIT A
FORM OF BID OR PROPOSAL
GENERAL AVIATION TERMINAL HVAC REPLACEMENTS
CITY OF WATERLOO, IOWA
Honorable Mayor and City Council
Waterloo, Iowa
Gentlemen
The undersigned, being a Corporation existing under the laws of the State of Iowa , a
Partnership consisting of the following partners: Brett Behrends, Zach Behrends, & Travis Behrends ,
having familiarized (himself) (themselves) (itself) with the existing conditions on the project area
affecting the cost of the work, and with all the contract documents listed In the Table of Contents and
Addenda (if any), as prepared by AECOM now on file in the office of the City Clerk, City Hall,
Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials,
machinery, tools, appurtenances, equipment, and services, including utility and transportation
services required to .construct and complete' this GENERAL AVIATION TERMINAL HVAC
REPLACEMENTS, all in 'accordance with the above -listed documents and for the Unit prices for
work in place for the following items and quantities:
GENERAL AVIATION TERMINAL HVAC REPLACEMENTS
Ref.
Item
Item
Unit
Estimated
Quantity
Unit Bid
Price
Total Bid Price
BASE BID
1
Replace Existing Carrier Air
Conditioning Unit
LS
1
$ 9,905.00
$ 9,905.00
2
Replace Existing Goodman Air
Conditioning Unit
LS
1
$ 9,651.00
$ 9,651.00
Base Bid Amount
$ 19,556.00
ADDITIVE BID NO. 1
1
Replace Existing Lennox Air
Conditioning Unit
LS
1
$ 16,322.00
$ 16,322.00
Additive Bid No. 1
$ 16,322.00
TOTAL BASE BID PLUS ADDITIVE BID NO. 1
$ 35,878.00
2. It is understood that the quantities set forth are approximate only and subject to variation and that the
unit bid price for the work done shall govern in the actual payment to Contractor.
3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa,
to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or
delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter
before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the
prescribed form and furnish the required bond and certificate of the insurance within ten (10) days
after the agreement is presented to him for signature, and start work within ten (10) days after
"Notice to Proceed" is issued.
4. Security in the sum of Five percent of hid
Dollars ($. 1793.90 ) in the form of Bid Bond , is submitted herewith
in accordance with the INSTRUCTIONS TO BIDDERS.
5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor.
6. Attached hereto is a Resident Bidder Certification ( X ) or Non -Resident Bidder Certification
( ). (Mark one.)
FORM OF 910
AECOM 60532654
GENERAL AVIATION TERMINAL
HVAC REPLACEMENTS
F6-1 of 2
State of
NON -COLLUSION AFFIDAVIT OF PRIME BIDDER
Iowa
County of Black Hawk
He Is
)ss
J
Brett Behrends , being first duly sworn, deposes and says that:
(Owner, Partner, Officer Representative or Agent) , of Plumb Tech 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.
(Signed) L3-csa= Fc _,'-,
Vice President
Title
Subscribed and sworn to before me this 8th day of June 2017.
ii r 6Q 1 ( C/0 -.-c , ,L-LL_Qi [-,
Title
My commission expires October 7, 2017
NON -COLLUSION AFFIDAVITS
AECOM 80532584
JESSICA L TRUEG
COMMISSION NO.786483
MY COMMISSION EXPIRES
OCTOBER 7, 2017
GENERAL AVIATION TERMINAL
HVAC REPLACEMENTS
NCA -1 of2
CONTRACT NO:
PROJECT NAME:
DATE OF LETTING:
RESIDENT BIDDER CERTIFICATION
General Aviation Terminal HVAC Replacements
June 8, 2017
To be a qualified resident bidder, the bidder shall be a person or entity authorized to
transact business in this state and having a business for at least three years prior to the
date .of the first advertisement for the public improvement. If another state or foreign
country has a more stringent definition of a resident bidder, the more stringent definition is
applicable as to bidders from that state or foreign country.
This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the
work site until this project is completed.
I hereby certify that I am a resident bidder as defined above.
COMPANY NAME Plumb Tech Inc.
CORPORATE OFFICER Brett Behrends
TITLE Vice President
DATE
RESIDENT BIDDER
AECOM 80532584
June 8, 2017
GENERAL AVIATION TERMINAL
HVAC REPLACEMENTS
RB -2 of 3
INFORMATION NEEDED
FOR
IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE
CONTRACTOR NAME:
Plumb Tech Inc.
ADDRESS: 3261 W. Airline Hwy.
Waterloo, Iowa 50703
(Check One) PRIME V SUBCONTRACTOR
FEDERAL ID#: 42-1420820
PROJECT NAME: General Aviation Terminal HVAC Replacements, Waterloo Regional Airport
PROJECT CONTRACT NO.:
DESCRIPTION OF WORK:
❑ Brickwork
❑ Carpentry
❑ Concrete
❑ Drywall -Plaster -Insulation
❑ Electrical
❑ Excavation/Grading
❑ Flooring
❑ Heavy Construction
❑ Heating -Ventilating -Air Cond.
SALES TAX EXEMPTION
AECOM 60532584
❑ Landscaping
❑ Painting
❑ Paving
❑ Plumbing
❑ Roofing -Siding -Sheet Metal
❑ Windows
❑ Wrecking -Demolition
❑ Other (Please specify)
GENERAL AVIATION TERMINAL
HVAC REPLACEMENTS
STE-1 of 1
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS
Bond ll: IAC587269
That we, Plumb Tech, Inc. of Waterloo, IA
(the "Principal"), and Merchants Bonding Co. (Mutual) West Des Moines, IA
(the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of _
nine teen_ted_
and five_hundredand fifty six 00JOPb'ils($ 19,956 00 ), lawful
money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated
on or about June 27,_2017 for the purpose of __General Aviation Terminal_,
HVAC Repenfents The Contract is incorporated
herein by reference as though fully set forth herein.
Whenever the Principal shall 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 i5 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:
1. To any extension of time to the Contract in which to perform the Contract.
2 To any change in the Contract Documents 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.
PERFORMANCE BOND
AECOM 60532584
GENERAL AVIATION TERMINAL
HVAC REPLACEMENTS
PFB-1 of 2
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
June 27, 2017
PRINCIPAL SURETY
Plumb Tech, Inc. Merchants Bonding_colp y (Mutna1)
Name Name
By: Brett Behrends,,.�-%Z.l "cam
Title: Vice President
By: Paige Thom so Atpar
Title: .AttOEtney=in=Fact- --
[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
PERFORMANCE BOND
AECOM 60532584
GENERAL AVIATION TERMINAL
HVAC REPLACEMENTS
PFB-2 of 2
PAYMENT BOND Bond #: IAC587269
KNOW ALL MEN BY THESE PRESENTS: that
a
Plumb Tech, Inc.
(Name of Contractor)
3261�L._Laidine_ _tlwy , Wa-ter1 oo, IA_59.Z03
(Address of Contractor)
Corporation , hereinafter called Principal,
(Corporation, Partnership or Individual)
and, Merchants Bonding Company (Mutual)
(Name of Surety)
6200 Westown Parkway, West Des Moines, IA 50266
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
City of Waterloo, Iowa
(Name of Owner)
715 Mulberry St., Waterloo, IA 5073_
(Address of Owner)
hereinafter called OWNER, in the penal sum ofnineteen thousand five hundred fifty six 00/100
Dollars,($ 19.556.00) 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 27th day of June , 2017,
a copy of which is hereto attached and made a part hereof for the construction of:
GENERAL AVIATION TERMINAL HVAC REPLACEMENTS
WATERLOO REGIONAL AIRPORT WATERLOO IOWA
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 CONTRACT DOCUMENTS accompanying the same shall in any way 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 CONTRACT DOCUMENTS.
PAYMENT BOND
AECOM 60532584
GENERAL AVIATION TERMINAL
HVAC REPLACEMENTS
PB -1 of 2
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 5 counterparts, each one
(number)
of which shall be deemed an original, this the 27th day of
ATTEST:
(Principal) Secretary
(SEAL)
Witness as to Principal
3941 fid./. /fir/ifLe .
(Address)
Loa ler/Uo, /A 50703
ATTEST:
Witness as to Surety
(.01 k.oAowtiti c)CAAG.14%w4A QAZ rV
(Address) 500\010
June
, 2017.
P1 �tmlj Tach Tne
Principal
By A.tz - J�.�..-
3261 W. Airline Highway
(s)
(Address)
Waterloo, IA 50703
Merchants Bonding Company (Mutual)
Surety
By d Atforn- act
6g0C_W_estown Parkw.a_y
(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.
PAYMENT BOND
AECOM 60532584
(Address)
GENERAL AVIATION TERMINAL
HVAC REPLACEMENTS
PB -2 of 2
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 of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually,
Annette M Robinson; Jackie A Wagner; Janet Willard; Paige Thompson; Stephen A Clabby; Susan Logan; W D McCausland III
their true and lawful Altorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, an behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys -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 connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 6th day of April , 2017 .
STATE OF IOWA
COUNTY OF DALLAS ss.
On this this 6th day of April 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are 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.
•o��\NPo O. A'v'•
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MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
President
rove-
ALICIA K. GRAM
Commission Number 767430
My Commission Expires
April 1, 2020
Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I, William Warner, Jr., Secretary of 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 27th day of June , 2017 .
e'.tPORa� :°y:.
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2003 �,
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Secretary