HomeMy WebLinkAboutWoodruff Construction, LLC - Contract No. 994 - 3/2/2020FORM OF CONTRACT
CONTRACT FOR THE CONSTRUCTION OF
F.Y. 2020 WASTEWATER TREATMENT PLANT
BIOSOLIDS MODIFICATIONS
CITY OF WATERLOO, IOWA
CITY CONTRACT NO. 994
This contract made and entered into thisac Pday of McrKcA , 20„4 by and
between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to
as City), and Woodruff Construction, LLC
referred to as Contractor), WITNESSETH:
PAR. 1
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PAR. 4
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Waterloo, Iowa , (hereinafter
Contractor agrees to build and construct the F.Y. 2020 Wastewater Treatment Plant
Biosolids Modifications, City Contract No. 994, and furnish all necessary tools,
equipment, materials, and labor necessary to do all the work called for in the plans and
specifications in a workmanshiplike manner and for the prices set forth in Contractor's
proposal, which was accepted by the City, and which is understood and agreed to be a part
of this contract.
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," be substantially complete within 670 calendar days after the date
when the Contract Time commences to run, and be complete and ready for final payment
within 730 calendar days after the date when the Contract Time commences, unless an
extension of time is granted in writing by the Council of the City.
FORM OF CONTRACT Section C-1
4463.004/City Contract No. 994
PAR. 6
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PAR. 8
PAR. 9
PAR. 10
PAR. 11
PAR. 12
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.
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 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.
Any material, which has been rejected by the construction reviewer, shall be at once
removed from the line of work and shall not be again taken thereon or placed with the
material proposed to be used without the written consent of the City Engineer.
The Contractor shall maintain no cause of action against the City on account of delays and
prosecution of work, but if said work is delayed by the City, the Contractor shall have such
extra time for completion of the job as was lost by reason of the delay caused by the City.
The Contractor agrees to pay punctually all just claims of labor, material, men, or
subcontractors who shall perform labor or furnish materials entering into this improvement.
It is agreed that the City need not pay the Contractor until all such claims are paid by the
Contractor. It is agreed that the City shall not be liable for said labor, material, or men
under this contract.
PAR. 13 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.
FORM OF CONTRACT Section C-2
4463.004/City Contract No. 994
PAR. 14
PAR. 15
The Contractor agrees that should it abandon work under this contract or cease the
prosecution thereof for a period of thirty (30) consecutive days without reasonable cause,
and should it fail to proceed with said work within ten (10) days after a notice to continue or
carry it on has been mailed to it at the address given herein by the City, or after such notice
has been served on it, then the City may proceed to complete said work, using any
material, tools, or machinery found along said line of work, doing the work either by contract
or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City
for the costs and expenses so paid out. Said costs shall be retained by the City from any
compensation due, or to become due the Contractor, and may be recovered by the City in
an action upon Contractor's bond.
In consideration of the full compliance on the part of the Contractor with all the provisions,
stipulations, and conditions hereof, or contained in the various instruments made a part of
this contract by reference, and upon completion and acceptance of said work, the City
agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the
amount of money due the Contractor for work performed and accepted, at the unit prices
set out in the Contractor's proposal, which has been accepted by the City.
PAR. 16 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 $16,587,300.00.
PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean up
said streets, and to save the City harmless from any damage allegedly resulting from a
failure to clean up and remove the debris or put the street back in a proper condition for
travel.
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
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.
FORM OF CONTRACT Section C-3
4463.004/City Contract No. 994
..
AMR
PAR. 21
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.
BY:
CITY OF WATERLOO, IOWA
�. gas%fL
Title: r - ey�t
KA
Approved by the City Council of the City of Waterloo, Iowa, this 4/
day of VA-0-^er-A__ , 20 Z<e)
ATTEST:
City Clerk
Waterloo, Iowa
END OF SECTION
FORM OF CONTRACT Section C-4
4463.004/City Contract No. 994
Bond No.: 54229249
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Woodruff Construction, LLC of Fort Dodge, Iowa
(the "Principal"), and United Fire & Casualty Company Of Cedar Rapids. Iowa
(the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa
(the "Obligee"), in the penal sum of Sixteen Million Five Hundred Eighty Seven Thousand Three Hundred and 001100
Dollars ($ 16,587,300.00 ), lawful money of the United States, for the payment of said
sum in connection with a contract (the "Contract") dated on or about March 2, 2020
for the purpose of F.Y. 2020 Wastewater Treatment Plant Biosolids Modifications, City Contract
No. 994. 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:
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.
PERFORMANCE BOND Section PFB-1
4463.004/City Contract No. 994
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 March 2, 2020
PRINCIPAL
Name
By:
Ddnd-3d A. Woodruff
Title: President
SURETY
United Fire & Casualty Comm y
Name
By: A/1-4—)
�aY
Title: Dione R. Young, Attorneyin-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.
END OF SECTION
PERFORMANCE BOND Section PFB-2
4463.004/City Contract No. 994
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
Woodruff Construction, LLC
1890 Kountry Lane, Fort Dodge, IA 50501
(Name of Contractor)
(Address of Contractor)
Bond No.: 54229249
a Corporation , hereinafter called Principal,
(Corporation, Partnership or Individual)
and, United Fire & Casualty Company
P.O. Box 73909, Cedar Rapids, IA 52407-3909
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
City of Waterloo, Iowa
(Name of Owner)
715 Mulberry Street, Waterloo, IA 50703
(Address of Owner)
Sixteen Million Five Hundred Eighty Seven Thousand Three Hundred and 001100
hereinafter called OWNER, in the penal sum of A Dollars, ($ 16,587,300.00
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 end day of March
a copy of which is hereto attached and made a part hereof for the construction of:
F.Y. 2020 Wastewater Treatment Plant
20 20
Biosolids Modifications
City of Waterloo, IA
City Contract No. 994
PAYMENT BOND Section PB-1
4463.004/City Contract No. 994
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 Five(5) counterparts, each one of
(number)
which shall be deemed an original, this the end day of March
20 20 .
ATTEST:
Woodruff Construction, LLC
Principal
7 � •,2Q/v1,
Princi 'al Se to
( p ry
(S AL)N/A By (s)
Dona oodruff, President
1890 Kountry Lane
(Address)
1( A
Witness as to Principal Christi Carlson
1890 Kountry Lane, Fort Dodge, IA 50501
(Address)
Fort Dodge, IA 50501
United Fire & Casualty Company
Surety
PAYMENT BOND Section PB-2
4463.004/City Contract No. 994
ATTEST:
Witness as to Sur Stacy Venn
By
Dione R. Young, Attorney-
P.O. Box 73909
(Address)
P.O. Box 73909, Cedar Rapids, IA 52407-3909 Cedar Rapids, IA 52407.3909
(Address)
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
END OF SECTION
PAYMENT BOND Section PB-3
4463.004/City Contract No. 994
UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA
UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX
FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA
CERTIFIED COPY OF POWER OF ATTORNEY
(original on file at Home Office of Company — See Certification)
KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under
the laws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of
Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California
(herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint
CRAIG E. HANSEN, JAY D. FREIERMUTH, BRIAN M. DEIMERLY, CINDY BENNETT, ANNE CROWNER, TIM MCCULLOH, STACY
VENN, SHIRLEY BARTENHAGEN, DIONE R. YOUNG, KEVIN J. KNUTSON, MICHELLE GRUIS, KATHLEEN BREWER, SETH D.
ROOKER, SYDNEY BURNETT, EACH INDIVIDUALLY
Inquiries: Surety Department
118 Second Ave SE
Cedar Rapids, IA 52401
their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings
and other obligatory instruments of similar nature provided that no single obligation shall exceed S100,000,000.00
and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies
and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed.
The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY,
UNITED FIRE & INDEMNITY COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY.
This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of
Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE
COMPANY. "Article VI —Surety Bonds and Undertakings"
Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to
time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds,
undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be
affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal,
when so used being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and
binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set
forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such
instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of
the Companies may at any time revoke all power and authority previously given to any attorney -in -fact.
Ilo,e1 IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its
j°"°"'+i''y.,, . ¢+•` gr:ty,, , ,,,s,c;4'44y�y affixed vice president and its corporate seal to be hereto axed this 15th day of January, 2014
fir CORPORATE rt'~ e` (DaWMA I. r4 a�!.lov ;�,4P, c
-`u. w1.Yu .ot
- SEAL „� 1988 1?I
'IIIIIIIIIIIIIII\Pt\\N
UNITED FIRE & CASUALTY COMPANY
UNITED FIRE & INDEMNITY COMPANY
FINANCIAL PACIFIC INSURANCE COMPANY
By:�Ri..
State of Iowa, County of Linn, ss: Vice President
On I5t" day of January,2014, before me personally came Dennis J. Richmann
to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED
FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC
INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the
seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations
and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations.
,.,e
Judah A. Jones
Iowa Notarial Seal
Commission number 173041
My Commission Expires 04/2312021
Notary Public
My commission expires: 04/23/2021
I, Mary A. Bertsch, Assistant Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of UNITED FIRE & INDEMNITY
COMPANY, and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy
of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of
Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same arc 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 subscribed my name and affixed the corporate seal of the said Corporations
this 2nd day of March , 2020 ,
By: `fdatj46, A tl5durtpe "
Assistant Secretary,
UF&C & UF&I & EPIC
BP0A0049 0913