HomeMy WebLinkAboutBoulder Contracting, LLC - FY19 Bridge Repairs - 2/25/19FORM OF CONTRACT
CONTRACT FOR THE CONSTRUCTION OF
CITY OF WATERLOO FY 2019 BRIDGE REPAIRS
DUBUQUE ROAD OVER BLOWERS CREEK AND
GREENHILL ROAD OVER TROLLEY CAR TRAIL
CITY OF WATERLOO, IOWA
CONTRACT NO. 959
This contract made and entered into this day of 20 fby
and between the City of Waterloo, Iowa,,a Municipal Corporation (hereinafter referred to as City), and
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C. of C9C.44.ND ( Cop rrs,it 1'4
(hereinafter referred to as Contractor), WITNESSETH:
PAR. 1
PAR. 2
PAR. 3
PAR. 4
PAR. 5
PAR. 6
Contractor agrees to build and construct the CITY OF WATERLOO FY 2019 BRIDGE
REPAIRS, DUBUQUE ROAD OVER BLOWERS CREEK AND GREENHILL ROAD OVER
TROLLEY CAR TRAIL, City Contract No. 959, and furnish all necessary tools, equipment,
materials, and labor necessary to do all the work called for in the plans and specifications in
a workmanlike 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.
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 substantially complete it on or before July 31, 2019, with final
completion on or before August 31, 2019, 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.
City of Waterloo FY 2019 Bridge Repairs
FORM OF CONTRACT C-1 of 4 Dubuque Road Over Blowers Creek and
AECOM #60581804 City Contract No. 959 Greenhill Road Over Trolley Car Trail
PAR. 7
PAR. 8
PAR. 9
The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa,
relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic,
and protecting any excavations in any street or alley, and maintaining proper and sufficient
barricades with lights and signals during all hours of darkness, to see that the backfilling is
properly done, and agrees to keep the City whole and defend any and all suits that may be
brought against the City by reason of any injuries that may be sustained by any person or
property allegedly caused by the Contractor, or his agents, while work is done pursuant to
this agreement.
The Contractor agrees that in the event a law suit is brought against the City for damages
allegedly sustained by reason of any act, omission or negligence of the Contractor or its
agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole,
depression or barrier placed or dug by the defendant or its agents, in the doing of the work
herein contracted for, that it will defend said suit and save the City harmless therein, and in
case judgment is rendered against the City, the Contractor agrees to pay the same
promptly. The Contractor agrees to carry public liability insurance in a solvent company in a
sufficient amount to protect the City and those who use the streets of the City.
The City shall have the right to appoint one or more construction reviewers who shall review
the progress of the work in detail; also, to make any test or any material to be used in such
work. No material shall be used in any work until the same has first been approved by the
construction reviewer. Such construction reviewer shall have full authority to pass judgment
upon all materials and upon the manner of doing the work, and their judgment on rejecting
any materials, substance, or manner of work shall be final unless it is revoked or modified by
the City Engineer.
PAR. 10 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.
PAR. 11 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
PAR. 14
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
FORM OF CONTRACT C-2 of 4
AECOM #60581804 City Contract No. 959
City of Waterloo FY 2019 Bridge Repairs
Dubuque Road Over Blowers Creek and
Greenhill Road Over Trolley Car Trail
PAR. 15
PAR. 16
PAR. 17
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
$ 17 (1/ a(.q. al)
After the completion of said work, the Contractor agrees to remove all debris and cleanup
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.
PAR. 18 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.
PAR. 19 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.
PAR. 20
PAR. 21
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 FY 2019 Bridge Repairs
FORM OF CONTRACT C-3 of 4 Dubuque Road Over Blowers Creek and
AECOM #60581804 City Contract No. 959 Greenhill Road Over Trolley Car Trail
CITY OF WATERLOO, IOWA
Mayor
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Contractor
BY:
Title: UwriiyC
Approved by the City Council of the City of Waterloo, Iowa, this day ofn;4) , 20L
M�
ATTEST:
FORM OF CONTRACT C-4 of 4
AECOM #60581804 City Contract No. 959
City of Waterloo FY 2019 Bridge Repairs
Dubuque Road Over Blowers Creek and
Greenhill Road Over Trolley Car Trail
PERFORMANCE BOND
Bond Number 9723197
KNOW ALL MEN BY THESE PRESENTS:
That we, Boulder Contracting, LLC of Grundy Center IA
(the "Principal"), and Westfield Insurance Company of Westfield Center OH
(the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of
Three Hundred Thirty-four Thousand Two Hundred Sixty-nine & no/100th®ollars ($ 334,269.00 ), lawful
money of the UNted States, for the payment of said sum in connection with a contract (the "Contract") dated
on or about2 s , z_ \ `\ for the purpose of 2019 Bridge Repairs Dubuque Road Over
Blowers Creek and Greentitil Road Over Trolley Car Trail . 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 is 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 plans, specifications, or Contract when such change does not involve
an increase of more than twenty percent (20%) of the total Contract price, and shall then be
released only as to such excess increase.
3. That no provision of this bond or of any other contract shall be valid which limits to less than
one (1) year from the time of the acceptance of the work the right to sue on this bond for
defect in workmanship or material not discovered or known to the Obligee at the time such
work was accepted.
City of Waterloo FY 2019 Bridge Repairs
PERFORMANCE BOND PFB-1 of 2 Dubuque Road Over Blowers Creek and
AECOM #60581804 City Contract No. 959 Greenhill Road Over Trolley Car Trail
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.
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
,) z-�, 2-0 .
PRINCIPAL
Boulder Contracting, LLC
Name
By:
Title:
SURETY
Westfield Insurance Company
Name
By: .J'4 rnO►P
i—Awii-Le 4(24
Gvgwg.— Title: Nancy D. Baltutat, Attorney -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.
if this project includes Federal Funds, the following applies to the payment bond:
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the State where the
project is located.
City of Waterloo FY 2019 Bridge Repairs
PERFORMANCE BOND PFB-2 of 2 Dubuque Road Over Blowers Creek and
AECOM #60581804 City Contract No. 959 Greenhill Road Over Trolley Car Trail
PAYMENT BOND Bond Number 9723197
KNOW ALL MEN BY THESE PRESENTS: that
Boulder Contracing, LLC
(Name of Contractor)
25789 N Avenue, Grundy Center IA 50638
(Address of Contractor)
a Corporation
(Corporation, Partnership or Individual)
and, Westfield Insurance Company
, hereinafter called Principal,
(Name of Surety)
P 0 Box 5001, Westfield Center OH 44251
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
City of Waterloo
(Name of Owner)
(Address of Owner)
hereinafter called OWNER, in the penal sum ofThree Hundred Thirty-four Thousand Two Hundred Sixty-nine
Dollars,($ 334,269.00 ) 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 ,, day of v%ur�c , 20 °,„ , a copy of which is
hereto attached and made a part hereof for the construction of:
CITY OF WATERLOO FY 2019 BRIDGE REPAIRS,
DUBUQUE ROAD OVER BLOWERS CREEK AND
GREENHILL ROAD OVER TROLLEY CAR TRAIL
CITY OF WATERLOO, IOWA
CITY CONTRACT NO. 959
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.
City of Waterloo FY 2019 Bridge Repairs
PAYMENT BOND PB -1 of 2 Dubuque Road Over Blowers Creek and
AECOM #60581804 City Contract No. 959 Greenhill Road Over Trolley Car Trail
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to the WORK to be
performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its
obligation on this BOND, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS HEREOF, this instrument is executed in counterparts, each one
(number)
of which shall be deemed an original, this the ' day of
ATTEST:
(Principal) Secretary
(SEAL)
(Witness as to Principal)
(Address)
ATTEST:
yV17111' /
Wess as` to Surety //
4200 University Avenge #200
West Des Moines IA 50266
(Address)
Boulder Contracting, LLC
, 20 11 .
Principal
By Z/7 (s)
(Address)
95789 N. AvFM,c.
A,„vOY cs,u L f t/i 5.06 78
Westfield Insurance Company
(Surety)
By lel( t� /
Nancy D. Balt t Attorney -in -Fact
4200 University Avenue #200
(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.
(Address)
If this project includes Federal Funds, the following applies to the payment bond:
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the State where the
project is located.
PAYMENT BOND PB -2 of 2
AECOM #60581804 City Contract No. 959
City of Waterloo FY 2019 Bridge Repairs
Dubuque Road Over Blowers Creek and
Greenhill Road Over Trolley Car Trail
' THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER # AND ISSUED PRIOR TO 06/07/16, FOR ANY PERSON OR PERSONS NAMED BELOW.
General
Power
of Attorney
CERTIFIED COPY
POWER NO. 1429172 00
Westfield Insurance Co.
Westfield National Insurance Co.
Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
MARK E. KEAIRNES, JOSEPH 1. SCHMIT, JEFFREY R. BAKER, JILL SHAFFER, GREG T. LAMAIR, NANCY D. BALTUTAT,
PATRICK K. DUFF, CHRISTOPHER R. SEIBERLING, JOINTLY OR SEVERALLY
of WEST DES MOINES and State of IA its true and lawful Attorney(s)-In-Fact, with kill power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming as that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.'
'Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 07th day of JUNE A.D., 2016 .
Corporate ee syRA '�y 0...•��pt�Nv:"''•
Seals aft f,,. ,,!'4,, ..' ipso
Affixed r �, 0 p; %.—A "-
s •v=
1( bEAAL• N SEAL m a `
1„ nr. ,r t• :�'• p,^^' ‚••.• 1848
State of Ohio
County of Medina ss.:
WESTFIELD INSURANCE COMPANY
WESTFIELD NATIONAL INSURANCE COMPANY
OHIO FARMERS INSURANCE COMPANY
By:
--CJ 1Nn
Dennis P. Baus, National Surety Leader and
Senior Executive
On this 07th day of JUNE A.D., 2016 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did
depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which
executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that
they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial
Seal
Affixed
State of Ohio
County of Medina ss.:
''
r.
s 9
..O F "``•
Avied/S-0A-
David A. Kotnik, Attorney at Law, Notary Public
My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
1, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of
A.D..
BPOAC2 (car'ibined; (06-02)
1848
Frank A. Carrino, Secretary
SQcrwta