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HomeMy WebLinkAboutPeters Construction - Airport Parking Lot Canopy Project, Cont. No. 0004232 - 11.6.2023FORM OF CONTRACT FOR THE CONSTRUCTION OF Terminal Parking Canopy Structure WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa ICAIF PROJECT NO.9I220ALO400 CONTRACT NO. 0004232 This contract made and entered into this 6th day of November 2023, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Peters Construction Corporation of 901 Black Hawk Road, Waterloo, IA 50701, (hereinafter referred to as Contractor), WITNESSETH. PAR. 1 Contractor agrees to build and construct the Terminal Parking Canopy Structure and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanship like manner and for the prices set forth in Contractor's proposal included as Attachment A for the Base Bid and Additive Alternates No. 1 and No.2 in the amount of two million three hundred eighty-two thousand eight hundred fifty-four and no/one hundred dollars ($2,382,854.00), 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 within 380 calendar days 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 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. 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 Contract No. CNTRT-000423 C-1 of 3 Airline Terminal Parking Canopy Structure Form of Contract Waterloo Regional Airport — 60694338 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. 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, in the amount of two million three hundred eighty-two thousand eight hundred fifty-four and no/one hundred dollars ($2,382,854.00). 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 govem. Contract No. CNTRT-000423 C-2 of 3 Airline Terminal Parking Canopy Structure Form of Contract Waterloo Regional Airport — 60694338 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. 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 Qaertiun crt Mayor R1el[ey 'FelcIiCe City Clerk Pe4tvr C,r�y3raeri v Contractor �] %� BY: f ' v `— Title: yrwd\e 1 F. C3zsk- NprA- s; J1a.41k- Approved by the City Council of the City of Waterloo, Iowa, this 6th day of November 20 23 ATTEST: Kelley Fercfile Stir City Clerk Waterloo, Iowa Contract No. CNTRT-000423 C-3 of 3 Airline Terminal Parking Canopy Structure Form of Contract Waterloo Regional Airport — 60694338 FORM OF BID OR PROPOSAL Terminal Parking Canopy Structure WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa ICAIF PROJECT NO. 9I220AL0400 CONTRACT NO. 0004232 Honorable Mayor and City Council Waterloo, Iowa Gentlemen: Attachment "A" 1. The undersigned, being a Corporation existing under the laws of the State of Iowa , a Partnership consisting of the following partners: Bradley F _Best - President of $ Corp having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by AECOM now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this Terminal Parking Canopy Structure, all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities: Ref. Item Item Unit Estimated Quantity Unit Bid Price Total Bid Price 1 Entrance Canopy LS 1 _ $ ? r ? 7r 7 $ 3 3;1; T Y- CO 2 Exit Canopy LS 1 $ 470, cad $ N;O, OOO Q.d 3 Parking Lot Canopy LS 1 $07it 9 2) $1, .1 , 1 2 / , GD 4 2" Mill and Asphalt Overlay SF 10,780 $ S's' S 'r Oo $ Cs S�'5 OC) 5 Airport Branding, Allowance LS 1 $10,000.00 $10,000.00 TOTAL BASE BID $ 4,j57, 763 00 ADD ALTERNATE NO. 1 1 • Additional Parking Lot Canopy Module 1 LS 1 1 $ 001 0 -} 0 $ 1?-0, 0 70. Od TOTAL ADD ALTERNATE NO.1 $ J i� O72. 0 d ADD ALTERNATE NO. 2 1 I CCTV Cameras 1 LS 1 $ rill 411.49 $ 6'41,_9 a/. Oa TOTAL ADD ALTERNATE NO. 2 $ s'y 9 4). OO i ADD ALTERNATE NO. 3 1 Translucent Panels in ParkinR Lot Canopy LS 1 1 $177 a) 0 $ 13 ? d / 0. O 7 TOTAL ADD ALTERNATE NO. 3 $ / 17, ] I p, ad ADD ALTERNATE NO. 4 1 Translucent Panels in Additional Parking Lot Canopy LS 1 $ Lq ict� 00 $ Oa n'Y, Od TOTAL ADD ALTERNATE NO. 4 $ i-1 J, iick o 0 2. It is the City's intention to evaluate bids reviewing both the Base Bid and Add Alternate Bids. The City has limited funds available and will award only what funding allows. The City reserves the right to award the contract based on the Base Bid only or the Base Bid plus any and all Add Alternate Bid Options. 3. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. Contract No. CNTRT-000423 Form of Bid BF -I of 2 Airline Terminal Parking Canopy Structure Waterloo Regional Airport— 60694338 4. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescnbed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him far signature, and start work within ten (10) days after "Notice to Proceed" is issued. 5. Security in the sum of 5% of the bid amount Dollars ($ 5% of the bld amount ) in the form of Bld Bond Certificate, is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 6. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 7. Attached hereto is a Bidder Status Form indicating Resident Bidder Certification ( X ), or Non - Resident Bidder Certification ( ). (Mark one.) 8. The bidder is prepared to submit a financial and experience statement upon request. 9. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 10. The bidder has received the following Addendum or Addenda: Addendum No. 1 1 3 Date 9/15/2023 9/29/2023 10/03/2023 11. The bidder shall list the MBEJWBE subcontractor(s) amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre -bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non -Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 12. The bidder has felled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA", 13. The bidder has attached all applicable forms. 14. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. Peters Construction Corporation 10105/2023 e of : idd (Date) BY: Title President Official Address: (including Zip Code): 901 Black Hawk Rd Waterloo, Iowa 50701 I.R.S. No, 42-1414218 Contract No. CNTRT-000423 Form of Bid BF-2 of2 Airline Terminal Parking Canopy Structure Waterloo Regional Airport — 60694338