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HomeMy WebLinkAboutService Roofing Company - Old CMC Building Roofing Proj - 11/19/2018 Please return this copy to: City Clerk&Finance Dept. 715 Mulberry St. Waterloo,IA 50703 CONTRACT FOR PUBLIC WORKS ROOFING PROJECT (Old CMC Building) This Contract for the Public Works Roofing Project(the "Contract") is entered into as of J lC� , 20185 by and between the City of Waterloo, Iowa("City") and Service Roofing Company("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Services; Contract Price. The Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, equipment,machinery, and services, and shall perform and substantially complete all work within the time period stated in the specifications, including all alternate items, after receipt of Notice to Proceed. Contractor shall engage such subcontractors as may be necessary for completion of the work and arrange for the timely delivery to the job site of all materials selected. Work to be performed includes all work described in the Contract Documents (defined below). All improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Contractor shall provide the above goods and services for a total sum not to exceed the cost set forth in Contractor's bid, including subcontractor bids, which is $63,400.00. Included within such sum is full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules,regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated into this Contract by reference as though set forth herein in full: a. General Instructions to Bidder b. Addenda(if any) c. Bid (Proposal) from the Contractor, including Bid Tabulation d. Specifications e. Project Scope of Work description f. Insurance Requirements In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 3. Timing of Work. The work shall commence within ten(10) days after the City has issued a Notice to Proceed, and the work shall be substantially completed no later than December 31, 2018, weather permitting. 4. Delays. The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 5. Payments. Contractor's request for payment for services authorized under this Contract will be paid in a lump sum within sixty(60) days after receipt of an original invoice and after such goods and services are delivered, installed, inspected and accepted. Contractor will be paid for all items satisfactorily completed. City, in its sole discretion and without waiving any claims or rights,may make interim payments or may allow for partial payment for the work included on an invoice for which all goods or services have not been delivered or accepted. City may withhold payment for reasons including,but not limited to, unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third-party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. In connection with any payment, Contractor shall provide lien waivers with respect to all labor, materials and other charges invoiced to date of payment. City shall have no obligation to pay any invoice for which Contractor does not supply lien waivers. 6. Taxes. City is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 7. Condition of Work Site. Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus material and debris, and keep the project area reasonably clean. Upon completion of the work the Contractor shall remove all unused or excess materials, debris and equipment provided for the work and put the whole site of the work in a neat and clean condition. 8. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent(100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 9. Payment Bond. Contractor will be required to furnish a payment bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful payment as required by law of all persons supplying labor and material in the execution of the work provided for in the Contract. 10. Indemnity. Except as to any negligence of City, its elected officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its elected officials, officers, employees, agencies and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, fines,penalties, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the goods and services contemplated by this Contract. Said indemnity will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from Contractor's operation under this Contract, whether by itself or by any 2 subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 11. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when project activities are undertaken. Contractor shall keep a report of all damage and promptly notify City in each instance when damage occurs or is first noticed. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense,to be reimbursed to the City or withheld from future payments to Contractor hereunder. 12. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen(14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which,by their nature, cannot be done or remedied within such 7-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period),then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity,require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; C. declare a default of this Contract,make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon three (3) days' advance written notice. In the event of termination, the Contractor shall be compensated for all necessary goods and services performed through the termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against 3 Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 13. Termination for Convenience. This Contract may be terminated at any time, in whole or in part,upon the mutual written agreement of the parties. 14. Assignment of Duties. Contractor may not assign, delegate or subcontract its duties hereunder without the prior written consent of City; provided, however,that City hereby consents to Contractor's delegation or assignment of certain duties to those subcontractors that are identified in Contractor's bid document, as to those duties described in the bids of such subcontractors. Contractor will be responsible for the proper fitting of all work and for the coordination of the operations of all subcontractors engaged upon this Contract. Contractor shall be prepared to guarantee to each subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. 15. Notices. Any notice under this Contract shall be in writing and shall be delivered in person or by United States registered or certified mail,postage prepaid and addressed as follows: CITY CONTRACTOR City of Waterloo, Iowa Service Roofing Company 715 Mulberry St. 123 Arizona Street Waterloo, Iowa 50703 Waterloo, Iowa 50703 Attn: Facilities Administrator Attn: President Delivery of notice shall be deemed to occur(i) on the date of delivery when delivered in person, or(ii) three(3)business days following the date of deposit if mailed as stated above. 16. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees and subcontractors, if any. 17. Severability; Reformation. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written,but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 4 18. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and their respective successor and assigns. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Pole Building Construction as of the date first set forth above. CITY OF WATERLOO, IOWA SERVICE ROOFING COMPANY By: LA�w�� J; -- By: 1 Z y t Quentin M. Hart, Mayor �p r Title: 5�� � Y r?�s�cT c,-A Attest: Nelleyy4Felcli , ity Clerk 5 Project Scope of Work for the Flat Roof: Existing Roof Demolition 1. Remove the existing built-up roofing and insulation down to the roof decking. Perform disposal in manner complying with all applicable federal, state, and local regulations. (Copy of Asbestos Inspection Report is available upon request) Carpentry Work 1. New wood blocking of 2x dimensional lumber to be installed around the perimeter as necessary to accommodate new insulation height. 2. Add wood blocking to curb tops to allow for proper flashing heights if needed. Roof Insulation 1. Install 1/8"per foot tapered insulation polyisocyanurate insulation over the whole roof section. Joints of the insulation layers are to be offset at least 6", and must be no wider than 1/4". Install 1/4"per foot tapered polyisocyanurate insulation crickets to divert water to roof drains. Contractor to submit an attached drawing showing tapered layout with their bid. 2. Insulation to be adhered with a foam adhesive which is approved by system manufacturer. Cover board 1. Install 1/4' Dens Deck Prime cover board over the new insulation. 2. Dens deck to be mechanically fastened, per manufacturer's requirements. Roof Membrane 1. Install a black 60 mil, fully adhered EPDM roof system,per manufacturer's specification. 2. Install necessary flashing and accessories, all produced by the same manufacturer as the field membrane. 3. Parapet wall to be terminated with termination bar before sheet metal trim is installed. Install water block sealant behind the membrane at this termination. 4. Approved Manufacturers: Firestone, GenFlex, Versico & Carlisle Syn-Tec. Sheet Metal Trim 1. Sheet metal trim to be shop fabricated from 24 gauge Colorklad brand prefinished steel sheet metal, gravel stop profile. 2. Install two new scuppers and open-faced downspouts in existing scupper locations to accommodate new tapered insulation system. 3. Install surface mount counter-flashing on parapet walls. 4. One part polyurethane sealant to be installed before installing joint clips, as well as behind surface mount counter-flashing. Warranty 1. The new installation is to be inspected by a non-sales technical representative of the roofing manufacture. 2. After approved inspection, furnish a 20-year,non-prorated, labor and material warranty issued by the roofing system manufacture. CITY OF WATERLOO FORM OF BID The bidder, having fully read this document,hereby acknowledges that this Bid Proposal completely reflects the total bid price contained herein. It is the bidder's responsibility to determine the bid price based on the bidder's own evaluation of the space to be covered and the work to be done. TOTAL BID FLAT ROOF: $ 63,400.00 (Sixty three thousand, four hundred and no/100's) ALTERNATE POSSIBLE CHARGES (EXTRA WORK REQUESTED): Replacement of deteriorated roof decking as necessary, at a stated unit cost. Indicate price per square foot below. $ 7.00 per square foot (Seven dollars and no/100's) r KsUNtk n 5 s C` g t 7 c i f� r, 5 9 5 2 n e 5 4 d v f Y X is it CITY OF WATERLOO, IOWA NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS 2018 PUBLIC WORKS—OLD CMC BUILDING, ROOF REPLACEMENT PROJECT RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, IA at the City Clerk's Office in City Hall, Waterloo, IA by Thursday, November 8, 2018 at 1:00 pm CST for the Public Works—Old CMC Building Roof Replacement Project. OPENING OF BIDS All proposals received for the 2018 Public Works—Old CMC Building Roof Replacement Project will be opened in the First Floor Conference Room in City Hall, Waterloo, IA on Thursday, November 8, 2018 at 1:00 pm CST, and the proposals will be referred to the Waterloo City Council for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a Public Hearing on the proposed Specifications and Form of Contract for the 2018 Public Works—Old CMC Building Roof Replacement Project on Monday, October 22, 2018 at 5:30 pm CST. The hearing will be held in the Council Chambers in Waterloo City Hall. The contract documents are on file in the City Clerk's Office, 715 Mulberry Street and the Waterloo Community Development Office, 620 Mulberry St., Waterloo, IA for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor and materials necessary for the 2018 Public Works—Old CMC Building Roof Replacement Project in accordance with these specifications. This project is a roof replacement project consisting a 60-mil black EPDM roof system. Project includes tear- off, insulation, rough carpentry and roof related sheet metal, felt, ice/water shield, trims and necessary accessories. CONTRACT PERIOD The work shall be completed no later than December 31, 2018 or earlier if weather permits. This will be dependent and detennined by weather conditions. PROPOSALS SUBMITTED All bids must be submitted on the forms supplied by the City of Waterloo. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States, or a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States, or a bid bond payable to the City of Waterloo, IA, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the construction of work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If Bid Bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The City shall award the Contract to the responsible Bidder(s)whose bid, conforming to the bid specifications, is most advantageous to the City;price and other factors considered. The intention is not to award the contract at the time of the bid opening, but to award the contract after review of bids and bidder information by the City of Waterloo, such that the award is made within 14 days after the bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Perfonnance and Payment Bond, within ten(10) days after notification of acceptance of the bid, in an amount equal to one hundred percent(100%) of the contract price. The Bond is to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Action Program or Update before beginning work on the project, if they have been awarded an aggregate of$10,000 in City projects during the current calendar year. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against monthly estimates of work completed and work approved by the Building Maintenance Staff. Final payment will be made thirty-one (3 1)days after completion of the work and acceptance by the Building Maintenance Staff. Before final payment is made for said work, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required. Published pursuant to provision of Division VI of Chapter 384 the City Code of Iowa and upon order of the City Council of said Waterloo, Iowa on the day of , 2018. City of Waterloo, Iowa Kelly Felchle, City Clerk CITY OF WATERLOO, IOWA BUILDING MAINTENANCE INSTRUCTION TO BIDDERS I. EXPLANATION TO BIDDERS An explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. II. PROPOSALS SUBMITTED All bids must be submitted on the forms supplied by the City of Waterloo. Before submitting a bid, each bidder shall carefully examine the jobsite, read the specifications and all other contract documents. Each bidder shall be fully informed, prior to the bidding as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may therefore be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. V. COLLUSIVE AGREEMENTS Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm or corporation in regard to any bid submitted. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. MBE/WBE CONTRACT COMPLIANCE PROGRAM/SUBCONTRACTING The program proposes numerical projections regarding utilization of Minor Business Enterprise (MBE) and Women Business Enterprise(WBE) as Subcontractor, vendors and suppliers in the performance of contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at$50,000 or more. A goal of at least two percent(2%) for WBE participation on all City funded construction projects that are estimated at$50,000 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime contractor shall make "good-faith efforts"to meet the contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for services being rendered. For more information contact City of Waterloo Contract Compliance: Rudy D. Jones, Director Community Development Board 620 Mulberry Street Waterloo, Iowa 50703 (319) 291-4429 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY (SECTIONS/HUD ACT OF 1968 To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment but the contractor on this project. Opportunities for training and employment arising in connection with this project shall to the greatest extent feasible be made available to lower income persons residing in the project area. The contract area is the City of Waterloo, Iowa. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the program area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. See Section 3 Clause attachment for more information. VIII. STATEMENT OF BIDDERS QUALIFICATIONS Each bidder shall, upon request of the City of Waterloo, submit on the form furnished a statement of the Bidders qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The City of Waterloo shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the City of Waterloo all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the City of Waterloo that the Bidder is qualified to carry out properly the terms of this contract. IX. EXECUTION OF AGREEMENT, BOND AND CERTIFICATE OF INSURANCE Subsequent to the award and within ten(10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such numbers of copies as the City, may require. CITY OF WATERLOO FORM OF BID The bidder, having fully read this document, hereby acknowledges that this Bid Proposal completely reflects the total bid price contained herein. It is the bidder's responsibility to determine the bid price based on the bidder's own evaluation of the space to be covered and the work to be done. TOTAL BID FLAT ROOF: ALTERNATE POSSIBLE CHARGES (EXTRA WORK REQUESTED): Replacement of deteriorated roof decking as necessary, at a stated unit cost. Indicate price per square foot below.