HomeMy WebLinkAboutDalton Plumbing, Heating, Cooling - Ridgeway Towers - 4/16/18NON -CONSTRUCTION CONTRACT
FOR THE PURCHASE AND INSTALLATION OF
PTAC Cooling Units at Ridgeway Towers
CITY OF WATERLOO, IOWA
CONTRACT NO. 2018-1
This contract made and entered into this 17th day of April 2018
by and between the City of Waterloo Housing Authority, Waterloo, Iowa, a (Non) -
Profit Corporation, (hereinafter referred to as Agency), and Dalton Plumbing, Heating
Cooling, Inc. of Cedar Falls , Iowa, (hereinafter referred to as Contractor),
WITNESSETH:
Article 1: Scope of Work
Contractor agrees to provide and install the following at Ridgeway Towers Apartments
(225 W. Ridgeway Avenue): 60 PTAC (Packaged Terminal Air Conditioner) cooling
units with a cooling capacity of 15,000 btu/hr. Contractor also agrees to remove all of the
old PTAC units from the premises, and either use of them for parts, or dispose of them.
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 Owner. The CONTRACTOR further agrees that all work will be done in
full compliance with the work description, the City of Waterloo Building Code, the Black
Hawk County building codes, and Federal and State specifications currently in effect and
the work standards of the building trades utilized.
PTAC Cooling Unit Project
Contract #2018-1 Page 1
Article 2: Contract Price
2.1 Contract Price. The total Contract Price to be paid to the Contractor for their
performance of all construction work on the locations required by this Contract is:
$ 92,190.00 .
2.2. 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
Agency 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 Agency. No additions
or subtractions to the Contract Price may be made without signed written change orders
between the Contractor and the Agency. Payment will be made by city warrant following
completion of the project.
2.3. The Contractor shall not take advantage of any discrepancies in the drawings or
specifications. If any discrepancies are found, they shall be referred to the Agency prior to
corrections being made. The Contractor may request changes, alterations, additions, or
deletions from work specified in the Contract Document.
Article 3: Contract Documents
3.1. Contract Documents. It is understood and agreed that the resolution adopted by the
Agency 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, 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. In addition
the Contract documents shall include the following:
1. Working Drawings, Plans, and Specifications.
2. Davis -Bacon Wage Decision.
3. Contractor's Bid.
4. Lien Waiver/Anti-Kickback Statement
5. Federal Circular, Notices and Regulations specified in Attachment "A"
The Contractor agrees to perform said work and install said improvements on the tetras
set out in bid or proposal to the Agency which has been accepted by the Agency and
which is by reference made a part of this contract.
PTAC Cooling Unit Project Contract #2018-1 Page 2
Article 4: Commencement of Work
4.1 Commencement of Work. The Contractor agrees to commence said work within
thirty (30) days following contract signing, and complete the installation of the first 30
units on or before May 31, 2018, unless an extension of time is granted in writing by the
Agency. The Contractor also agrees to install the remaining 30 units in
August/September of 2018 with completion of the entire project by no later than
September 30, 2018, unless an extension of time is granted in writing by the Agency. In
no event shall the Contractor begin the work before the designated start date, nor prior to
the posting of the required "Davis -Bacon" or Federal "5 in 1 Labor Law Poster" (or
similar materials) in a visible place together with other pertinent information including
the Contractors AA program and emergency contact numbers.
4.2. As of the start date, the Contractor shall promptly and diligently commence work and
shall continuously perform the work through its completion as required herein.
4.3. Should the Contractor fail to complete said improvements in strict accordance with
the terms and conditions of this contract, or the plans and specifications promptly by the
date herein specified, the Agency 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.
Article 5: Completion of Work
The Contractor must complete all work required under this Contract by the dates detailed
as follows:
5.2. All required work shall be fully completed in a satisfactory, professional and
workmanlike manner.
5.3. The contractor shall provide a Code Compliance Certificate from Inspections
Department of the work, location's jurisdiction and any other sign -off or completion
certificates upon completion of all work, when so required.
5.4. If the Contractor fails to complete any of the required work by the dates and manner
as established in this Contract, then the Contractor and the Contractor's sureties shall be
assessed a penalty and be liable to the Agency for the sum of ten dollars ($10.00) per day,
per each one -thousand dollars ($1,000.00) of the Contract Price for each calendar day of
delay, in completing the required work by its required completion date. If the Contractor
or contractor's sureties fail to pay the assessed penalty within the thirty (30) days after
the date the written notice of penalty assessment has been sent to the Contractor, then the
Contract Price shall be reduced accordingly to reflect the off -set against the assessed
penalty.
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Article 6. Lien Waivers
The Contractor shall project defend, indemnify and hold harmless, the Agency from any and
all lien claims for unpaid work, labor, materials or equipment for which a lien could be filed
against the property arising from this Contract. The Contractor shall not be entitled to any
payment until the Contractor has delivered to Title all required lien waivers, releases or
satisfactions, or a bond satisfactory to Title indemnifying the Agency from any mechanic's
liens against the construction site or buildings thereon.
Article 7: Indemnity and Hold Harmless
7.1. Indemnity and Hold Harmless. The Contractor agrees to comply with and obey all
ordinances of the City of Waterloo, Iowa, 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.
7.2. The Contractor agrees that in the event a law suit is brought against the
Owner/Agency 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 act or omission by the Contractor, or the Contractor's
subcontractors, or its employees, agents or delegates, in the doing of the work herein
contracted for, that it will defend said suit and save the Agency harmless therein, and in
case judgment is rendered against the Agency 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 Agency.
7.3. The Contractor shall maintain no cause of action against the Agency on account of
delays and prosecution of work, but if said work is delayed by the Agency, the Contractor
shall have such extra time for completion of the job as was lost by reason of the delay
caused by the Agency.
7.4. The Contractor shall be responsible to the Agency for the acts and omissions of the
Contractor's employees, subcontractors and their agents and employees, and other person
performing any of the work under a contract with the Contractor.
Article 8: Construction Defects and Warranties
8.1. Construction Defects. The Contractor shall furnish the Agency with all
manufacturers' and suppliers' written guarantees and warranties covering the materials and
equipment fumished pursuant to this Contract. The Contractor shall abide by the statutory
warranties provisions.
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8.2. The Agency 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/Building Inspections Department.
Article 9: Agency Compliance Inspections
9.1. Compliance Inspections. During the course of work, and before process of payment,
the Agency shall make periodic inspections of the work to monitor work progress and
completion of work in compliance with the contract. The Agency in no way warrants the
structural soundness of any improvements, the quality of work or materials, or the fitness of
the improvements for their intended use. The City's Building Officials shall inspect work,
improvements, and materials for compliance, as necessary, with the recently adopted
International Building Code.
Article 10: Insurance
10.1. Insurance. The Contractor shall provide and maintain with responsible insurance
companies licensed to do business in Iowa, in amounts appropriate to provide adequate
coverage under this Contract, and naming the Agency as additional insured, liability
insurance, builder's risk insurance, and worker's compensation insurance. Certificates of
such insurance shall be provided to the Agency prior to the commencement of the work.
Article 11: Contractual Disputes
11.1. Governing Authority. In accordance with federal regulations and OMB Circular A-
110, and 24 CFR Part 85, and related regulations, the Contractor, its subcontractors and the
Agency agree to arbitration (binding or otherwise) in the event of a contractual dispute prior
to any commencement of litigation under this Contract.
11.2. Definition. A claim is a demand or assertion by one of the parties seeking, as a matter
of right, adjustment or interpretation of Contract terms, payment of money, extension of
time or other relief with respect to the terms of the Contract. The term "Claim" also
includes other disputes and matters in question between the Agency and Contractor arising
out of or relating to the Contract. Claims must be initiated by written notice. The
responsibility to substantiate the Claims rests with the party making the Claim.
11.3. Time Limits on Claims. Claims by either party must be initiated within 21 days after
occurrence of the event giving rise to such Claim or within 21 days after the claimant first
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recognizes the condition giving rise to the Claim, whichever is later. Claims must be
initiated by written notice to the Agency or its designee.
11.4. Continuing Contract Performance. Pending final resolution of a Claim except as
otherwise agreed in writing, the Contractor shall proceed diligently with performance of the
Contract and the Agency shall continue to make payments in accordance with the Contract
Documents.
11.5. Claims for Additional Cost. If the Contractor wishes to make a claim for an increase
in the Contract Sum, written notice as provided herein shall be given before proceeding to
execute the Work. Prior Notice is not required for Claims relating to an emergency
endangering life or property.
11.6 Types of Claims. Claims shall be filed in accordance with this Section if the
Contractor believes additional cost is involved for reasons including but not limited to (1) a
written interpretation from the Agency or its designee, (2) an order by the Agency to stop
Work where the Contractor was not at fault, (3) a written order for a minor change in the
Work issued by the Agency or its designee, (4) failure of payment by the Agency, (5)
termination of the Contract by the Agency, (6) Agency's suspension or, (7) other reasonable
grounds.
11.7 Claims Approval/Rejection Procedure. The Agency or its designee will approve or
reject claims by written decision, which shall state the reasons therefore and which shall
notify the parties of any change in the Contract Sum or Contract Time or both. The
approval or rejection of a Claim by the Agency or its designee shall be final and binding on
the parties but subject to mediation and arbitration.
11.8 Initiating Mediation. A demand for mediation/arbitration must be made within 30
days after the date on which the party making the demand receives the final written decision.
The failure to demand mediation/arbitration within said 30 days period shall result in the
Agency or its designee's decision becoming final and binding upon the Agency and
Contractor. Claims are subject to mediation as a condition precedent to arbitration or the
institution of legal or equitable proceedings by either party.
The mediation shall be in accordance with the Construction Industry Mediation Rules of the
American Arbitration Association. The request for mediation may be made concurrently
with the demand for arbitration, but in such event mediation shall proceed in advance of
arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a
period of 60 days from the date of filing, unless stayed for a longer period by agreement of
the parties or court order.
11.9 Cost of Mediation. The parties shall share the mediator's fee and any filing fees
equally. The mediation shall be held in the place where the Project is located, unless
another location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
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Contract #2018-1 Page 6
11.10. Arbitration. Any Claim arising out of or related to the Contract, except Claims
relating to aesthetic effect, shall, after decision by the Agency or its designee or 30 days
after submission of the Claim to the Agency or its designee, is subject to arbitration. Prior to
arbitration the parties shall endeavor to resolve disputes by mediation in accordance with the
provisions herein.
10.11. Demand for Arbitration. A demand for arbitration shall be made within 30 days
after the date on which the party making the demand receives the final written decision. In
no event shall the demand for arbitration be made after the date when institution of legal or
equitable proceedings based on such Claim would be barred by the applicable statute of
limitation.
11.12. Arbitration. Claims shall be made in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association currently in effect. The demand
for arbitration shall be filed in writing with the other party to the Contract and with the
American Arbitration Association, and a copy to the Agency or its designee.
11.13. Judgment and Final Award. The award rendered by the arbitrator or arbitrators
shall be final, and judgment may be entered upon it in accordance with applicable law in any
court having jurisdiction thereof.
Article 12: Payments/Disbursements
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 Owner/Agency 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. Before payment in full is tendered, the
Contractor shall provide the Owner/Agency with appropriate lien waivers.
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.
No payment shall be made until the project has been completed by the Contractor and
inspected for contract compliance by the Agency. All required full or partial mechanic's
and lien waivers, releases or satisfactions or receipts for all labor, materials or equipment are
attached to the draw request; and the Contractor is in full compliance with all of the
PTAC Cooling Unit Project
Contract #2018-1 Page 7
provisions of this Contract. No payment made under this Contract shall act as a waiver of
the Contractor's obligation to fully perform and comply with all of the terms and conditions
of this Contract. Payment in full will be made subject to satisfactory completion of all work
under the Contract Documents.
After the completion of said work, the Contractor agrees to remove any debris and clean up
said building and grounds, and to save the City harmless from any damage allegedly
resulting from a failure to clean up and remove the debris or put the building and grounds
back in proper condition for use.
12.1 This contract is not divisible, but in the event of a conflict between
this contract and various instruments incorporated by reference, this
contract shall govern.
12.2 Before the Contractor shall be entitled to receive payment for work
done under this contract, the Agency, or its representative shall
conduct an inspection following completion.
Article 13: Conflicts of Interest
13.1. Conflicts of Interest. No member of the governing body of the Agency, officer,
employees, or agents of the Agency, public official, city employee, or Waterloo Housing
Authority Board member of the City of Waterloo, Iowa shall participate in the award,
administration, and/or enforcement of the terms and conditions of this Contract if a conflict
of interest, real or apparent, would be involved. In addition, no public official, city
employee, or Waterloo Housing Authority Board member of the City of Waterloo, Iowa,
nor the Owner/Agency's officers, employees or agents will solicit or accept gratuities,
favors or anything of monetary value from contractors or subcontractors.
All of the aforementioned persons or entities shall also avoid any appearance of conflict or
impropriety relating to the bid process, contract administration, and/or enforcement of the
terms and conditions of the Contract.
Article 14: Equal Employment, Civil Rights,
and HUD Section 3 Requirements
The Contractor and its subcontractors agree to comply with Executive Order 11246 of
September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive
Order 11375 of October 13, 1967, and as supplemented in Department of Labor Regulations
(41 CFR chapter 60).
PTAC Cooling Unit Project Contract #2018-1 Page 8
Article 15: Record Keeping Access and Requirements
The Contractor and its subcontractors agrees to grant access to the City of Waterloo, the
Agency/Owner, the Dept. of Housing and Urban Development, the Comptroller General of
the United States, or any of their duly authorized representatives access to any books,
documents, papers, and records of the Contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions. The
Contractor and its subcontractors agree to maintain such books, documents, papers, and
records for a minimum of three years from the date of the completion of the project.
Article 16: Utilization of Out -of -State Contractors
The provisions of Iowa Code Section xxxxx do not apply to this procurement, unless
applicable Federal statutes expressly mandate or encourage geographic preference. Out of
state contractors are bound to HUD Section 3 preferences and OMB Circular A-110
Affirmative Action requirements in the same manner as in-state contractors.
Article 17: Governing Law
This Contract and all its incorporated agreements are to be construed and enforced to and by
the laws of the State of Iowa.
IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the
day and year first written above.
FOR THE CONTRACTOR FOR THE AGENCY
Signature
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Name and Tit
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Date
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Signature
Quentin Hart, Mayor, City of Waterloo
Name and Title
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Date
Signature
Julie Dawson, Director,
City of Waterloo Housing Authority
L)Ni
Dale
PTAC Cooling Unit Project Contract #2018-1 Page 9
Attachment A:
Attachment B:
HUD -5370-C, General Contract Conditions for Non -Construction
Contracts
Davis -Bacon Wage Rate Schedule for Building Construction in
Black Hawk County in Iowa (General Decision Number: IA 180133,
dated 01/12/2018) — Sheet Metal Worker, Includes HVAC Duct and
Unit Installation
PTAC Cooling Unit Project
Contract #2018-1 Page 10
WAIVER OF MECHANIC'S LIEN Form 115-A A429
STATE OF IOWA, Black Hawk County, ss.
Waterloo, Iowa, April 17 , 2018
I/we, the undersigned, have been employed by the Waterloo Housing
Authority to furnish labor and/or materials for the construction, repair
or reconstruction of the building, or improvements to the building, known
as Ridgeway Towers, 225 W. Ridgeway Avenue, in the City of Waterloo,
Iowa, in Black Hawk County, Iowa, in the amount of $ 92,190.00.
For and in consideration of my/our employment to furnish said labor and/
or materials, I/we do hereby waive and release any and all my/our rights,
or claim of rights, to file and establish a mechanic's lien against the
above mentioned building, and improvements, and the above described
premises, given to me/us under the provisions of the statutes and laws of
the State of Iowa, relating to mechanic's liens on account of labor and
materials, or both, furnished, or which may be furnished, by me/us for,
and on, the above mentioned building, and the above described premises.
Executed at Waterloo, Iowa, this 17th day of
BY:
April , 2018
Dave Krejchi, Owner
Name & Title
Dalton Plumbing Heating Cooling, Inc.
Firm
l° /7 /�
Date
NON -COLLUSION AFFIDAVIT OF PRIME BIDDER
State of Iowa )
)ss
County of Black Hawk )
Dave Kreichi , being first duly sworn, deposes and says that:
1. He is Representative , of Dalton Plumbing, Heating Cooling, Inc. ,the Bidder that
has submitted the attached Bid;
2. He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
3. Such Bid is genuine and is not a collusive or sham Bid;
4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a
collusive or sham Bid in connection with the Contract for which the attached Bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communication or conference with any
other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or,
to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or
to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage
against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and
5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its
ents, representatives, owners, employees, or parties in interest, including this affiant.
,02,.„L(
Signature; and Title
Date
Subscribed and sworn to before me this
My commission expires `
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