HomeMy WebLinkAboutBoulder Contracting, LLC - Greenbel Lake REAP Project, Cont No. 1042 02.15.21 CITY OF WATERLOO,IOWA
WATERLOO LEISURE SERVICES COMMISSION
CONTRACT
for
FY 2021 GREENBELT LAKE REAP GRANT
Contract No. 1042
This Contract made and entered into this 15th, day of February 2021,by and between the
City of Waterloo,Iowa, a Municipal Corporation,hereinafter referred to as City, and
Boulder Contracting. LLC OF Grind Center_ Iowa, hereinafter referred to as
Contractor,
WITNESSETH:
Par.1 The Contractor shall furnish all supervision,technical personnel,labor,materials,and
equipment to perform all work required for the FY 2021 Greenbelt Lake Reap Grant
as 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
CONTRACT page I of 2
in case judgment is rendered against the City, the Contractor agrees to pay the same
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: $252,150.00(two hundred and fifty-two thousand, one hundred ad fifty dollars)
City of Waterloo, Iowa,
H�r_4 Kelley �elchle
Quentin Hart,Mayor Kelley Felchle,City Clerk
Contractor:
By: Luk j oe,Boulder Contracting, LLC
Approved by the City Council of the City of Waterloo, Iowa,this 15th, day of
February 2021.
ATTEST:
kelle# f::_elchle
City Clerk
CONTRACT page 2 of 2
PERFORMANCE BOND
FY 2021 GREENBELT LAKE REAP GRANT
Bond Number 071063J
KNOW ALL MEN BY THESE PRESENTS;
That we, Boulder Contracting, ILC of Grundy Center IA
(the "Principal"), and Westfield Insurance Company of
Westfield Center OH (the "Surety"), are held and firmly bound unto the City of
Waterloo, Iowa (the "Obligee"), in the penal sum of Two Hundred Fifty-two Thousand One
Hunded Fifty&no/100ths Dollars ($ 252 150.00--------------- ), lawful money of the United
States, for the payment of said sum in connection with a contract (the "Contract")
dated on or about 2/15/2021 for the purpose of FT 2021 Greenbelt
Lake REAP Grant . 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.
Performance Bond Page 1 of 2
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.
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
PRINCIPAL SURETY
_Boulder Contracting, LLC Westfield Insurance Company
Name Name
By; By:
Title: Title: Lslancy_D F3altut"ttornP-]Lin=Fact
[attach Power of Attorney]
Performance Bond Page 2 of 2
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 3 of 2
PAYMENT BOND
FY 2021 GREENBELT LAKE REAP GRANT Bond Number 071063J
KNOW ALL MEN BY THESE PRESENTS: that
Boulder Contract_ ing, LLC _
(Name of Contractor)
fyr ady C Pnfer IA 50638
(Address of Contractor)
a Corporation hereinafter called Principal,
(Corporation, Partnership or Individual)
and, W
(Name of Surety)
P O Box 5001, Westfield Center OH 44251
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
City of Waterloo
(Name of Owner)
_ 517 Mulberry Street, Waterloo IA 50703 er
(Address of Two Hundred Fifty-two Thousand
ne Hundred Fifty
hereinafter called OWNER, in the penal sum oT &no/100ts Dollars,($ 252 150.00 )
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 _ 15th day of
February
20 21 , a copy of which is hereto attached and made a part hereof for the construction
of:
FY 2021 Greenbelt Lake REAP Grant
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms,
SUBCONTRACTORS, and corporations furnishi;-�g 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 3 counterparts, each
one of (number)
which shall be deemed an original, this the 15th day of February
2021
ATTEST:
Boulder o tin
Principal
(Principal) Secretary
(SEAL) By _ � {s)
P O Box 310
(Address)
Grundy Center IA 50638
-'r
itn ss as to P incipal
(Address)
Westfield Insurance Compay
Surety
ATTEST: By ancy altutat
Attorney-in-Fart
_4200 University Avenue#200
W' ess as to Surety (Address)
4.200 Universit Avenue#200 West Des Moines IA 50266
(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 payrnent 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.
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER#AND ISSUED PRIOR TO 06107116, FOR ANY PERSON OR PERSONS NAMED BELOW.
' POWER NO. 1429172 00
General Westfield Qnsurance Co.
Power
of Attorney Westfield National Insurance Co.
Ohio Farmers Insurance Co.
CERTIFIED COPY Westfield Center, Ohio
Kpow A0 Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company- and collectively as 'Companies," duly
organized and existing under the laws of the State of Ohio, and having Its principal office in Westfield Center, Medina County,Ohio, do by these
presents make,constitute and appoint
MARK E. KEAIRNES,JOSEPH I, SCHMiT, JEFFREY R. BAKER, JILL SHAFFER, GREG T. LAMAIR, NANCY D. BALTUTAT,
PATRICK K. DUFF,CHRISTOPHER R.SEIBERLING, JOINTLY OR SEVERALLY
of WEST DES MOINES and State.of IA its true and lawful Attorney(s)-in-Fact,yr ti full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances= undertakings, or other instruments or contracts of
suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - -
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE,OR BANK DEPOSITORY BONUS•
and to bind any Of the Companles thereby as fully and to the same extent as It such bonds Were signed by the President,sealed With the corporate
seal of the applicable Company and duly attested by Its Secretary,hereby ratifying and confIrming all that the said Attorneys)-in-Fact may do In
the premises. Said appointment is made under and by authority of the following resolution adapted by the Board of Dlrectars of each of the
WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"6e It Resolved,that the President,any Ser lar Executive,any Secretary or any Fidelity& Surety Operations Exec ivLte�or etpheersEx+�cuttIve,shallI
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)
and act for
and on behalf or the Company subject to the following provisions:
The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowl edge and
deliver, any and all bands, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and .documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such
Attorney-in-Fact shall be as binding tip n the Company as It signed by the President and sealed and attested by the Corporate Secretary.'
•ee it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by farslmlle, and any power of attorney or certificate bearing facsimlle signatures or fasslmlle
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It Is attached.' (Each adopted at a meeting
held on February B,2000).
In Witness Whereof,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 07th day of JUNE A.D.,2016 .
Corporate 'a tJ�N""' �onsn�"'' "' WESTFIELD INSURANCE COMPANY
Seals fid'•.........1'� 't =� �i'' ' �vS''• v' ��5-"'tif;` WESTFIELD NATIONAL INSURANCE COMPANY
.=
Affixed�vr .aa. '.•�,= =•.;• *'9': ,7�F ''• "'' OHIO FARMERS INSURANCE COMPANY
, 1 � _ : SEAL : = _v*LIZ :�_
'y` .ss �, =• %ro: 1846 ;
State of Ohio
*.� ,,.,, •' """"""" ~ Dennis P. Baus, National Surety Leader and
County of Medina ss.: Senior Executive
On this 07th day of JUNE A.D.,2016 ,before me personally came Dennis P. Baus to m4 known,who, being by me duly sworn,did
depose and say, that he resides in Wooster, Ohio; that he Is National Surety Leader and Senior Executive Of WESTFIELD INSURANCE
COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,the companies described in and which
executed the above instrument;that he knows the seals of said Companies;that the sesal.s affixed to said Instrument are such corporate seals;that
they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order.
Notarial
Seal `ep A f-
Affixedll�dla�
•i�' ,'Fill f i"
David A. Kotnik, Attorney at Law, Notary Public
State of Ohio {z o My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code)
County of Medina ss.: S
rJr 0
I,Frank A.Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said
Companies,which Is still In full force and effect;and furthermore,the resolutlons of the Boards of Directors,set out In the Power of Attorney are
in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of
A.D
'd'• ��"C�•`� ��L.'. 'SGS': f�a Y � '•;•��•,�3
�" a u: 'Gi1WERE,
4.1
F• SEAL 17; SEAL - °co .mac SacrPtary
r•�►' 7 f; ': 184 .? Frank A. Carrino, Secretary
...
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BPOAC2 (combined) (06-02)