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HomeMy WebLinkAboutPlumb Tech Inc. - HVAC replacement-7/17/2017FORM OF CONTRACT CONTRACT rbR THE CONSTRUCTION OF GENERAL AVIATION TERMINAL HVAC REPLACEMENTS CITY `` 0 WATERLOO, IOWA I - This contract made and entered into this 11 day of 2017, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Plumb Tech, Inc. of Waterloo, Iowa (hereinafter referreStas Contractor), WITNESSETH: PAR. 1 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. PAR. 2 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. PAR. 3 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. 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 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. PAR. 6 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. PAR. 7 PAR. 8 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. 9 PAR. 10 PAR. 11 PAR. 12 PAR. 13 PAR. 14 PAR. 15 PAR. 16 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 alf materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. The Contractor agrees to 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. 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. 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, for Base Bid only is a total of $19,556.00, and as shown in Exhibit A to this contract. FORM OF CONTRACT AECOM 60532584 GENERAL AVIATION TERMINAL HVAC REPLACEMENTS C-2 of 3 PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 ' 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, addres.sed 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 City Clerk Contractor By. Brett Behrends Title: Vice President T7 -F o Approved by the City Council of the City of Waterloo, Iowa, this / / day of �S 2017. ATTEST: 1)11,1» City Clerk Waterloo, Iowa FORM OF CONTRACT AECOM 60532584 GENERAL AVIATION TERMINAL I-1VAC REPLACEMENTS C-3 of 3 THIS PAGE LEFT BLANK INTENTIONALLY FORM OF BID OR PROPOSAL GENERAL AVIATION TERMINAL HVAC REPLACEMENTS CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen. 1. 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, appdrtenances, 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 61D 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 bid Dollars ($ 1 793 90 ) in the form of Bid Band . is submitted herewith in accordance with the INS 1 RUCTIONS 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 310 AECOM 60532854 GENERAL AVIATION TERMINAL HVAC REPLACEMENTS F8-1 of 2 7. The bidder is prepared to submit a financial and experience statement upon request. 8, The Prime Contractor and Subcontractor(s), which have performed an aggregate of 510,000.00 in work for the City in the current calendar year, are prepared to submit an MP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. 1 Date May 31 2017 10. The bidder shall list the MBENVBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent tow Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along With the Non -Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL° Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. Plumb Tech Inc. June 6, 2017 BY: (Name of Bidder) (Date) Brett Behrends Official Address: (Including Zip Code): 3261 W. Airline Hwy. Title Vice President Waterloo Iowa 50703 I.R,S. No. 42-1420820 FORM OF BID AECOM 60532854 GENERAL AVIATION TERMINAL HVAC REPLACEMENTS FB -2 of 2 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 feast 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. 1 hereby certify that I am a resident bidder as defined above, RESIDENT BIDDER AECOM 60532584 COMPANY NAME Plumb Tech Inc. CORPORATE OFFICER Brett Behrends TITLE Vice President DATE June 8, 2017 GENERAL AVIATION TERMINAL HVAC REPLACEMENTS RB -2 of 3 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State or Iowa County of Black Hawk D )ss Brett Behrends being first duly sworn, deposes and says that: 1. He is (Owner Partner Officer Representative, orAoent) of Plumb Tech Inc. the Bidder that has submitted the attached Bid; 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) Vice President Title Subscribed and sworn to before me this 8th day of June 12rc,e_ My commission expires 2017. October 7, 2017 NON -COLLUSION AFFIDAVITS AECOM 80532584 Title JESSICA L. TRUEG COMMISSION N0.786483 MY COMMISSION EXPIRES OCTOBER 7, 2017 GENERAL AVIATION TERMINAL HVAC REPLACEMENTS NCA -7 of 2 INFORMATION NEEDED EOR IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE CONTRACTOR NAME• Plumb Tech Inc. ADDRESS: 3261 W. Airline Hwy. Waterloo, Iowa 50703 (Check One) PRIME FEDERAL ID#: 42-1420820 V SUBCONTRACTOR PROJECT NAME: General Aviation Terminal HVAC Replacements, Waterloo Regional Airport PROJECT CONTRACT NO.: DESCRIPTION OF WORK: ❑ Brickwork ❑ Carpentry O Concrete O Drywall -Plaster -Insulation ❑ Electrical O Excavation/Grading O Flooring ❑ Heavy Construction E Heating -Ventilating -Air Cond. SALES TAX EXEMPTION AECOM 60532584 O Landscaping ❑ Painting O Paving ❑ Plumbing O Roofing -Siding -Sheet Metal O Windows ❑ Wrecking-Dernolition O Other (Please specify) GENERAL AVIATION TERMINAL HVAC REPLACEMENTS STE-1 of 1 MBEMBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM General Aviation Terminal HVAC Replacments, Prime Contractor Name: Plumb Tech Inc. Project W. - .o ; n.'. r - • p. r Letting Date: June 8, 2017 NO MBE/WBE SUBCONTRACTORS: If you are NOT using any MBE/WBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If any MBE/WEE subcontractors will be used, please use the bottom potion of this form. nn Contractor Signature: I - me: Vice President Date: June 8, 2017 SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the Information on this form showing ALL of your MBEAVBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions should be directed to Contract Compliance Office 319-291-4429. You are required, In order for your bid to be considered responsive, to provide the Information on this Form showing your MBE/WBE Business Enterprise contacts made prior to your bid submission. This Information Is subject to verifications and confirmation. If you are unable to Identify MBENJBE firms to perform portions of the work, please contact Louis Starks, Contract Compliance Officer, for assistance at (319) 291-4429. In the event It is determined that the MBEJWBE Business Enterprise goals are nal met, then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals, TABLE OF INFORMATION SHOWING BIDDER'S PRE-BID MBEMBE BUSINESS ENTERPRISE CONTACTS Quotes Received Quotation used in bid MBEMBE Subcontractors Oates Contacted Yes/No Dates Contacted Yes/No Dollar Amount Proposed to be Subcontracted (Form CCO-4) Rev. 06-20-02 M8PJWEE PAR11CmATION AECOM 60532584 GENERAL AYLAT1ON TERMINAL HVAC REPLACEMENTS MP of 5 0m Fwn79DBNWP NOT • ell Cao -mar Plumb Tech Inc. 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