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HomeMy WebLinkAboutVieth Construction - FY18 Levee Tree Clearing Cont 938-11/20/2017FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2018 LEVEE TREE CLEARING CEDAR RIVER CITY OF WATERLOO, IOWA CONTRACT NO. 938 This contract made and entered into this day of we, , 2c7, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and VIETH CONSTRUCTION CORPORATOIN of Cedar Falls, Iowa (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 Contractor agrees to build and construct the F.Y. 2017 LEVEE TREE CLEARING CEDAR RIVER, Contract No. 938, and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. FORM OF CONTRACT PAGE 1 OF 5 PAGES PAR. 4 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. PAR. 5 PAR. 6 PAR. 7 PAR. 8 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before March 31, 2018 for tree cutting activities May 12, 2018 for seeding activities 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. FORM OF CONTRACT PAGE 2 OF 5 PAGES PAR. 9 PAR. 10 PAR. 11 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. PAR. 12 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 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 FORM OF CONTRACT PAGE 3 OF 5 PAGES PAR. 15 PAR. 16 PAR. 17 PAR. 18 PAR. 19 PAR. 20 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. 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 $134,353.00. 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 FORM OF CONTRACT PAGE 4 OF 5 PAGES 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. 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 Tess 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 (-21/1../2-"ec) Mayor i'i-o� pity Clerk \. Vieth Contractor BY: Title: Construction Corporation Approved by the City Council of the City of Waterloo, Iowa, this day of , 20'l., FORM OF CONTRACT PAGES PAGE 5 OF 5 ATTEST: 1(4- 2,,,,_ FORM OF CONTRACT PAGES , City Clerk Waterloo, Iowa PAGE 6 OF 5 Bond No. 2265311 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: -That we, Vieth c onstruction Corporation Overland Park, (the "Principal")and North rfh American S Of Cedar Falls, Iowa tliJaterloo, Iowa (the (the "Surety"), Specialty Insurance Company Fifty Three and 00%Qp---f Obligee"t in the are held and firms Dollars penal s Y bound °f States, for the (�'--134,535,pQ um Of ---One Hundred Thirtyunto the Cityd of payme� of said Four Thousand Three Hundred o r about sum in connection ), lawful mons F Y 2018 Levee Tree Clearing �` /( with a contract (the Co the United incorporated g CedarRiver. for the purpose of "Contract") dated on P herein by reference Contract No. 938 as though full whenever the Principal Y set forth herein.• The Contract is the the Obli shalleebe and is declared b Surety Contract,acknowledgingg having performed by the Obligee to be in shall promptly that time is of the its obligations default under the undertake to: essence, mayin the Contract promptly remedy'then the 1. Complete the C the default, or 2. Obtain one Contract in accordance terms and or more bids for completing with its ter conditions pletin terms and conditions; or responsible 'and upon determination the Contract in term bidder, mination by Suretyotaccordance withw itst determination by' or negotiated proposal the of the bidder, the Obligee and theor, if the Obligeelowest and the or ion negotiated proposal, Surety jointly elects sport Obligoe p posal, arrange for of the lowest res sufficient funds to The Surety will a contract between responsible Contract pay the make availablesuchgparty price. The cost of completion ash Work g Principal for correction cost of comp less the progresses Obligee'sof defective completion includes responsibilities of the legal and deli work and co ponsibilities e''s default, design profession completion of the °f the Prin liquidated and liquidatedal costs resultingContract, the Contractcdamages are specified damages or directly from the price" means the in the Contract, actualterm damages l under the total amount The term "balanceeeof the properly paid byContract and any payable by the 3. Determine the Obligee to the Principal; thereto, less to the mine the amount rincipai; oress the amount Obligee that amount for which it is liable as soon as practicable. to the Obligee and In the event this bond is e pay the hold Obligee harmless fromenforced, Principal and S not limited to reasonable and against Surety agree to indemnify enforcement, including and Every Surety on this Xpenses, but notwithstanding, bond shall be dee g, to consent to each and all of the andoiheld, any contract to the wing matters, without contrary notice; Performance Bond Page 1 of 2 VIETH-1 OP ID: COZA SCFI:Wen�- CERTIFICATE OF LIABILITY INSURANCE DATE,MMODVYYY, 91/03/2017 THIS CERTIFICATE 1S 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(ies) must be endorsed. If SUBROGATION 15 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 LSB Insurance 242 Tower Park Waterloo, IA 50701 Kevin Boyle CONTACT --,..CL.'ITCOUnsell Fa Ne xt.3194374.4242 FAX No): 319-2684211 ADDRESS: Zachc@mylsb.com INSURERS) AFFORDING COVERAGE- NAIC # INSURER A !Travelers COMMERCIAL GENERAL LIABILITY INSURED Vieth Construction Corp 6419 Nordic Dr Cedar Falls, IA50613 INSURER D: INSURER C: INSURERD: $ 1,000,000 NSURERE: INSURER F: CLAIMS -MADE 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !LTR TYPEOFINSURANCE ADDL !NSD SSB WV p POLICY NUMBER POLICY EFF (MWDDANYY) ppODCY EXP (MMIDWYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X DT CO.9G17585--PHX-16 04/10/2017 04/10/2018 pREM BES e"NTTERmce) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONALS ACVINJURY $ 1,000,000 GEMLAGGREGATE LIMIT APPLIES PER: • GENERAL AGGREGATE $ 2,000,000 X POLICY X AEC LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT IE a eaId t) $ 1,000,000 A X ANY AUTO DT-810-9017585-PHX-16 04/10/2017 04/10/2018 BODILY INJURY (Per person) $ gLL UISAg1E0 AICRHOE$ULED BODILY INJURY (Per accident) $ NON -OWNED AUTOSeer� PROPERTY DAMAGEHIREDAUTOS $ x UMBRELLA $1$8 X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LAB CLAIMS -MADE DTSM-CUP-9G17585-IND-16 04/10/2017 04/10/2018 AGGREGATE $ 5,000,000 DED. X RETENTION$ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X STATUTE ERT" A ANYPROPRIETORIPARTNERIEXECUTNE YIN N /A DTJ-UB-9017585-4.16 04/10/2017 04/10/2018 EL. EACH ACCIDENT $ 1,000,000 OFF CER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 Ddescribe und ESCRIPTION OF OPERATIONS below EL, DISEASE - POLICY LIMIT $ 1,000,000 A Rented/Leased QT6607F304862C0F16 04/10/2017 04/10/2018 Rent/Leas 150,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached Ifmore space is required) RE: Tree Clearing City of Waterloo named as additional insured on the general liabiity policy per written oontract requirements. CERTIFICATE HOLDER CANCELLATION WATER -1 City of Waterloo 715 Mulberry St. Waterloo, IA 50701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE wwITN THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) ©1988.2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as en additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows:. a) in the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring Insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section Ilf— Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to ''bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, Including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities, CGD2460805 c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring. insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, Contingent or on any other basis, that is available to the additionalinsured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that Is available to the addi- tionalinsured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: rfl 2005 The St. Paul Travelers Companies, Inc: Page 1 of 2 COMMERCIAL GENERAL LIABILITY How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses;: and lit. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit" and the date received; and it. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured musttender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional Insured by this endorsement is primary to "other insur- ance available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05