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HomeMy WebLinkAboutHuff Contracting, Inc. - FY19 Gates Park Golf Maintenance Project #1000 - 10/14/2019CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT for FY2019 GATES PARK GOLF MAINTENANCE PROJECT #1000 This Contract made and entered into this _14th day of October 2019, by and between the City of Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and Huff Contracting Inc. OF Waterloo , Iowa, hereinafter referred to as Contractor, WITNES SETH: Par. 1 The Contractor shall furnish all supervision, technical personnel, labor, materials, and equipment to perform all work required for the FY2019 GATES PARK GOLF MAINTENANCE PROJECT #1000 described in the specifications and shown on the plans. Par. 2 The Contract Documents shall consist of the following: a. This Agreement b. Notice of Hearing c. Signed Copy of Bid d. Specifications e. Performance Bond d. Payment Bond These documents form the Contract and are all fully a part of the Contract as if attached to this Contract or repeated herein. Par. 3 The Contractor agrees to commence the work within forty-five (45) days after the issuance of "Notice to Proceed" and complete the work within the given time frame. Par. 4 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 passageways for water, traffic and protecting any excavation in any street or alley and maintaining proper and sufficient barricades with lights and signals during all hours of darkness and agrees to see that the backfilling is properly done and agrees to keep the City whole and defend any suits that may be brought against it by reason of any injuries that may be sustained by any person on account of doing this work by the Contractor and any agents of the Contractor. Par. 5 The Contractor agrees that in case a suit is brought against the City for damages sustained by reason of any act, omission or negligence of the Contractor or its agents or on account of any injuries 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 CONTRACT page 1 of 2 promptly and agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and any and all persons who may use the project. Par. 6 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. Par. 7 The Contractor agrees to pay punctually all just claims of labor, material, men or Subcontractors, who 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 and lien waivers are received. It is agreed that the City shall bear no liability for payments due for labor or materials under this contract. Par. 8 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 the work, the City agrees to pay the Contractor: Sum of : $279,191.00 (Two hundred seventy-nine thousand one hundred ninety-one dollars & 00/100) City of Waterloo, Iowa, i l } C,S Quentin Hart, Mayor Contractor: By: elley Felchle, ids Clerk ,/ my Jim /J." uff, Huff Contracting, Inc. Approved by the City Council of the City of Waterloo, Iowa, this 14th day of October 2019. TTE§T: ‘\l''d/) ity Clerk CONTRACT page 2 of 2 HUFFC-1 A RD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ 10/08/22019019 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL. INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 319-233-6103OT The Sinnott Agency Inc. 622 W 4th 3t., PO Box 1918 Waterloo, IA 50704 Steven Sinnott Steven Sinnott P- Sa"c°NN , E319-233-6103 FAX No):319-234-8133 ss — NA1C # 42579 (NSURERL$1 AFFORDING COVERAGE X INSURER A: Allied Insurance Company INSURED UHUFQF'CpO�N�TRAECTTIINGG,,CINC 1EIg7?19, OU7U3 :rt�aia�, 33 INSURER B : - INSURERC:--..__.. INSURER D : 01/04/2020 EACH OCCURRENCE $ 1,000,000 INSURER E : CLAIMS -MADE X OCCUR INSURER F : $ 100,000 • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR MD(MM/DDIYYYY1 POLICY NUMBER POLICY EFF POLICY EXP IMMIDD!YYYYI UMITS A X COMMERCIAL GENERAL LIABILITY X,ACPGLD07160074697 01/04/2019 01/04/2020 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DRMSESTOEENcTuErrDence) $ 100,000 MED EXP (Any one person) $ 5,000 — PERSONAL &ADV INJURY $ 1,000,000 $ 2,000,000 GE 'L AGGREGATE POLICY OTHER: LIMIT APPLIES 1 PER: LOC GENERAL AGGREGATE PRODUCTS - COMPIOP AG $ 2,000,000 $ X AUTOMOBILE X nOWNED LIABILITYaOINdEDSlNGIE ANY AUTO AUTOSRE�ONLY AUTOS ONLY — SCHEDULEDO AUTOS "Vona LIMIT $ 1,000,000 BODILY INJURY (Per person) $ 3 BODILY BODILY INJURY (Per accident) pp {peg 1APAADE - $ X X X UMBRELLA UAB EXCESS UAB X OCCUR CLAIMS -MADE X EACH OCCURRENCE 5,000,000 AGGREGATE $ 5,000,000 DED RETENT ON $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITYSTATUTE ! N ANY PROPRIETOR/PARTNER/EXECUTIVE ( FICER/MEM EXCLUDED? l_J Mandatory in If yes, descrbe under DESCRIPTION OF OPERATIONS N / A ACPWCD7160074697 01/04/2019 01/04/2020 PER OTH- ER E.L. EACH ACCIDENT 500,000 $ E. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 A Equipment Floater ACPCIM7160074697 01/04/2019 01/04/2020 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Certificate Holder is Additional Named Insured only for FY2019 Gates Park Golf Maintenance Project #1000 CERT CATE HOLDER IFI CANCELLATION CITYWLO CITY OF WATERLOO 715 MULBERRY ST WATERLOO, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PERFORMANCE BOND Bond Number CMIFSU 0683740 KNOW ALL MEN BY THESE PRESENTS: That we, Huff Contracting Inc Of 1310 Grandview Avenue Waterloo, IA 50703 (the "Principal"), and International Fidelity Insurance Company of One Newark Center Newark, NJ 07102-5207 (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Two Hundred Seventy Nine Thousand One Hundred Ninety One & ootiooDollars ($ 279_191 00 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about October 14. 2019 for the purpose of FY2019 Gates Park Goff Maintenance Project . 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: Performance Bond Page 1 of 2 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. 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 October 14. 2019 PRINCIPAL SURETY Huff Contracting Inc Name B Title: ?F`: 5.01- ,-t- International Fidelity Insurance Company Name By: Title: Jill Shaffer, 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. Performance Bond Page 2 of 2 PAYMENT BOND Bond Number CMIFSU 0683740 KNOW ALL MEN BY THESE PRESENTS: that Huff Contracting Inc (Name of Contractor) 1310 Grandview Avenue, Waterloo, IA 50703 (Address of Contractor) a Corporation and, (Corporation, Partnership or Individual) International Fidelity Insurance Company , hereinafter called Principal, (Name of Surety) One Newark Center, Newark, NJ 07102-5207 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Warerloo (Name of Owner) City Hall. Waterloo. IA (Address of Owner) Two Hundred Seventy Nine Thousand One Hundred hereinafter called OWNER, in the penal sum of Ninety one & ooiloo Dollars,($ 279,191.00 ) 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 14th day of October 20 19 , a copy of which is hereto attached and made a part hereof for the construction of: FY2019 Gates Park Golf Maintenance Building Project 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. 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 three (3) counterparts, each one of (number) which shall be deemed an original, this the 14th day of October 20 19 . ATTEST: (Principal) Secretary (SEAL) Witness a to Princi I 1310 Grandview Avenue (Address) Waterloo, IA 50703 Huff Contracting Inc Principal 1310 Grandview Ave (s) (Address) Waterloo, IA 50703 International Fidelity Insurance Company Surety ATTEST: B /1,:f y 4t i Shaffer Attorney -in -F a A "J.ket Ei t_,AJ2(- One Newark Center Witness as to Surety (Address) 4200 University Avenue Newark, NJ 07102-5207 (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. 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. POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY One Newark Center, 20th Floor, Newark, New Jersey 07102-5207 PHONE: (973) 624-7200 Bond # N/A KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint CHRISTOPHER R. SEIBERLING, GREG T. LAMAIR, JEFFREY R. BAKER, NANCY D. BALTUTAT, PATRICK K. DUFF, JILL SHAFFER, JOSEPH I. SCHMIT West Des Moines, IA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July, 2015 "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December, 2018 STATE OF NEW JERSEY County of Essex Kenneth Chapman Executive Vice President, International Fidelity Insurance Company and Allegheny Casualty Company On this 31st day of December, 2018 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION fr..46. Vim• °boil Shirelle A. Outley a Notary Public of New Jersey My Commission Expires April 4, 2023 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, October 14, 2019 A01022 Irene Martins, Assistant Secretary