HomeMy WebLinkAboutWoodruff Construction - Hangar No. 4 Improvements 9-I-200-ALO-200 - 7.20.2020 (1)FORM OF CONTRACT
FOR THE CONSTRUCTION OF
HANGAR NO. 4 IMPROVEMENTS (2020)
WATERLOO REGIONAL AIRPORT
In the City of Waterloo, Iowa
IDOT CSVI PROTECT NO.9I200AL0200
IDOT CONTRACT NO. 21613
This contract made and entered into this 20th day of July , 20 2°°, by and
between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and
WOODRUFF CONSTRUCTION LLC of Fort Dodge, Iowa , (hereinafter
referred to as Contractor), WITNESSETH:
PAR. 1
PAR. 2
PAR. 3
PAR. 4
PAR. 5
PAR. 6
PAR. 7
PAR, 8
Contractor agrees to build and construct the HANGAR NO. 4 IMPROVEMENTS (2020) 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 mariner 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 complete it on or before November 15, 2020, 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.
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
FORM OF CONTRACT
AECOM 60614052
IDOT CSVI 9I200AL0200 Hangar No. 4 Improvements (2020)
CONTRACT NO. 21613 C-1 OF 3
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.
PAR. 9 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 fmal 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 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.
PAR. 14 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.
PAR. 15 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 $105,213.75.
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
FORM OF CONTRACT
AECOM 60614052
IDOT CSVI 9I200AL0200 Hangar No. 4 Improvements (2020)
CONTRACT NO. 21613 C-2 OF 3
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.
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.
CITY OF WATERLOO, IOWA
Quentin }-Fart
Mayor
Kelle, f elchle 0
City Clerk
WOODRUFF CONSTRUCTION LLC
Contractor
BY:
Title: nhh t•-•ka.kleit1 NF gior) •N-PSi`d4Qvti—
Approved by the City Council of the City of Waterloo, Iowa, this
ATTEST: Kelleq f elchle
20
, City Clerk
Waterloo, Iowa
day of July
20 20
FORM OF CONTRACT
AECOM 60614052
IDOT CSVI 91200AL0200 Hangar No. 4 Improvements (2020)
CONTRACT NO. 21613 C-3 OF 3
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
Bond No.: 54230905
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 ofOne Hundred Five Thousand Two Hundred Thirteen and 75/100 Dollars ($
$105.213.75 ), lawful money of the United States, for the payment of said sum in connection with a
contract (the "Contract") dated on or about July 20, 2020 for the purpose of
Hangar No. 4 Improvements (2020) 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, an-ange 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 contact 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.
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.
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IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of
July 20, 2020
PRINCIPAL
Woodruff Construction, LLC
Name
SURETY
By:
Title: Dione R. Young, Attorney -in -Fact
[attach Power of Attomey]
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
WOODRUFF CONSTRUCTION, LLC
(Name of Contractor)
1890 Kountry Lane, Fort Dodge, Iowa 50501
(Address of Contractor)
a Corporation
and,
(Corporation, Partnership or Individual)
United Fire & Casualty Company
Bond No.: 54230905
, hereinafter called Principal,
(Name of Surety)
P.O. Box 73909, Cedar Rapids, Iowa 52407-3909
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
City of Waterloo
(Name of Owner)
715 Mulberry Street, Waterloo, Iowa 50703
(Address of Owner)
hereinafter called OWNER, in the penal sum of One Hundred Five Thousand Two Hundred Thirteen and 75/100
Dollars, ($ 105,213.75 ) 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 20th day of July 2020
a copy of which is hereto attached and made a part hereof for the construction of:
HANGAR NO. 4 IMPROVEMENTS (2020)
WATERLOO REGIONAL AIRPORT
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.
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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
(number)
of which shall be deemed an original, this the 20th day of July
ATTEST:
(SEAL) N N
(Principal) Secretary
Witness as to Principal
1890 Kountry Lane
(Address)
Fort Dodge, Iowa 50501
ATTEST:
Witness as to S Stacy Venn
Holmes, Murphy • • Associates, LLC
2727 Grand Prairie Parkway. Waukee. Iowa 50263
(Address)
,2020
Woodruff Construction. LLC
Principal
By ( UU( /fww( (s)
189 Kountry Lane
(Address)
Fort Dodge, Iowa 50501
United Fire & Casualty Company
Surety j9
By
Dlone R. Young
Attorney -in -
Holmes, Murphy and Associates, LLC
(Address)
2727 Grand Prairie Parkway. Waukee. Iowa 50263
(Address)
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
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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
CRAIC 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 $100,000,000.00
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.
i1,,,,,,,/IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its
,``�41gGt•S��•se:41Z* ,, `,G�,r;;gU q„, vice president and its corporate seal to be hereto affixed this 15th day of January, 2014
a, ,0PP0 f yc� i
'vim DULY 22 C'3=
s', 79a6 ya4
IFORe• rt•
UNITED FIRE & CASUALTY COMPANY
UNITED FIRE & INDEMNITY COMPANY
FINANCIAL PACIFIC INSURANCE COMPANY
By:
State of Iowa, County of Linn, ss: Vice President
On 15th 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.
Judith A. Jones
Iowa Notarial Seal
Commission number 173041
My Commission Expires 04/23/2021
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 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 subscribed my name and affixed the corporate seal of the said Corporations
this 20th day of July , 20 .
By:
4011111110
Assistant Secretary,
UF&C & OF&1 & FPIC