HomeMy WebLinkAboutAspro - FY21 Asphalt Overlay, Cont. No. 1020 - 5.3.2021 FORM OF CONTRACT
FOR THE CONSTRUCTION OF
FY 2021 ASPHALT OVERLAY PROGRAM
CITY OF WATERLOO, IOWA
CONTRACT NO. 1022
This contract made and entered into this 3rd day of May , 20 21, by and between the City of Waterloo, Iowa,
a Municipal Corporation, (hereinafter referred to as City), and ASPRO,,INC. of, WATERLOO, IOWA
(hereinafter referred to as Contractor), WITNESSETH:
PAR. 1 Contractor agrees to build and construct the FY 2021 ASPHALT OVERLAYPROGRAM,
CONTRACT NO. 1022
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.
PAR. 2 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.
PAR. 3 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.
PAR. 4 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.
PAR. 5 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 19, 2021, unless an extension of time is granted in
writing by the Council of the City.
PAR. 6 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.
PAR. 7 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,ofdakness, to see that the backfilling is properly done, and agrees to keep the
FORM OF CONTRACT Page 1 of 3
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.
PAR. 8 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.
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 final 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.
FORM OF CONTRACT Page 2 of 3
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$1,741,016.76.
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 mond 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
Mayor
Kelley �elcGcle
City Clerk
Contractor
BY:
Title1104GS� ,Vv
Approved by the City Council of the City of Waterloo, Iowa, this 3rd
day of May —, 20 21.
. Kelley �elchle =, •
,Eo
ATTEST: City Clerk
Waterloo, Iowa
FORM OF CONTRACT Page 3 of 3
Bond No. 2318972
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS :
That we , Aspro, Inc. Of Waterloo, Iowa
(the " Principal ") , and North American Specialty Insurance Company of
Kansas City, Mo (the " Surety"), are held and firmly bound unto the City of
Waterloo , Iowa (the "Obligee"), in the penal sum of One Million Seven Hundred Forty-one Thousand Sixteen And
7e1100 Dollars ($ $1 ,741 ,016.76 ) , lawful money of the United
States, for the payment of said sum in connection with a contract (the " Contract" )
dated on or about ° x1oa l for the purpose of FY 2021 Asphalt Overlay
Program, Waterloo, Iowa; Contract No. 1022 . 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 I 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 6VI# j 1 -
PRINCIPAL SURETY
Aspro, Inc. North American Specialty Insurance Company
Name Name ,
By: n/ ' '
By: ` "'
Cindy Benr6ht
Title : /9/2E' S J b e ei Title: Attorney4n+act
[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
Bond No. 2318972
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS : that
Aspro Inc.
(Name of Contractor)
P. O. Box 2620 Waterloo IA 50704-2620
(Address of Contractor)
a Corporation , hereinafter called Principal ,
(Corporation , Partnership or Individual)
and , North American Specialty Insurance Company
(Name of Surety)
1200 Main Street Suite 800, Kansas City, MO 64105
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
City of Waterloo
(Name of Owner)
715 Mulberry Street, Waterloo, IA 50703
(Address of Owner)
One Million Seven Hundred Forty-one Thousand Sixteen
hereinafter called OWNER , in the penal sum of And 761100 Dollars , ($ $1 .741 ,016.76 )
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 0f103 A2 day of
a copy of which is hereto attached and made a part hereof for the construction
of:
FY 2021 Asphalt Overlay Program, Waterloo, Iowa; Contract No, 1022
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 26th day of April
2021
ATTEST:
Aspro, Inc.
Principal
rincipal) Secretary
(SEAL) By (s)
P. O. Box 2620
(Address)
Waterloo, IA 50704=2620
Witness as to P)kqcipal
P. O. Box 2620
(Address)
Waterloo, IA 50704.2620 North American Specialty Insurance Company
Surty
ATTEST: By
A rney- in- Fact Cindy Bennett
Holmes, PAurphy and Associates, LLC
Witne s as to Suretyr Aarty Bennett (Address)
2727 Grand Prairie Parkway 2727 Grand Prairie Parkway
Waukee. IA 50263 Waukee, IA 50263
(Address)
k
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 .
SWISS RE CORPORATE SOLUTIONS
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington Intenialional Insurance
Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas
City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of
Kansas City, Missouri does hereby make, constitute and appoint:
JAY D. FREIERMUTH, CRAIG E. HANSEN, BRIAN M. DEEvMRLY, SHIRLEY S. BARTENHAGEN, CINDY BENNETT, ANNE CROWNER
TIM MCCULLOH, STACY VENN, DIONE R. YOUNG, WENDY A. LEWIS, and STACIE CHRISTENSEN JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as Side or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011 .
"RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney earned
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTITER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the futurewith regard to any bond, undertaking or contract of surety to which it is attached."
L�Ipllall1fl11/ff1� MOiuxay� �j, �y
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A; �rWly% � '� SEgLr� s Steve . Anderson, Senior enIo ag neton mermmnna ntummecompany a}'
X31 SEAL :$ � I �1 i & Serie Vice Prerident Of North American Specially lmumum Campo" £r
gY 1979m a: f� f & senior Vice Prmraemonvmpo. rngurm,ee corporation gi )
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H�s AMP 'w {
,t ...,..' .. .!a B � wJPA.+r,
VipjrbN oilAlikess�' hid Tr nuke BY
V/// senior vire rre,laem orwa,hharon international insurance Company
Soon & Senior Vice President orNorth Amerlaanspeeiailymsmance company
& Smtror Vreenaldmtorwmoortr„aurancecorPo,ntion
IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport
Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this
this 3RD day of DECEMBER 20 20 ,
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois Westport Insurance Corporation
County of Cook as:
On this 3RD day of DECEMBER , 20 20, before me, allotmy Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of
Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International insurance Company and Senior Vice President
of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who
being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the
voluntary act and deed of their respective companies.
OIACIA1, SEAL
X. KEnmr
waryPublic Stnleofllll,nia
Myc 001SIAZI Pi"' - M. Kenny, Notary Public
I, Jeffrey Goldberg the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington
International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and connect copy of a
Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance
Corporation which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 3 day of 144 y , f 6
off
Jeffry Goldberg. Vice President & Ugistant Secretary of Washington international imam ce Company&
North American Specialty insurance Company & Vice PresidentSe Assistant Secretary mwemport lmumnce Corporation