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HomeMy WebLinkAboutCedar Valley Renovations, LLC - Rehab 232 Ricker Street - 12.4.2023Title of Section TABLE OF CONTENTS Section No. PAGE Employment of Contractor 1 2 Scope of Services 2 2 Improvements 3 2 Subcontracting 4 2 Equal Employment Opportunity 5 2 Time for Performance 6 4 Insurance 7 4 Changes in the Work 8 4 Releases of Liens 9 4 Compensation 10 4 Payment for Completed Work 11 5 Provision for the Owner 12 5 Occupancy Provision 13 5 Condition of Premises 14 5 Interest of City Officials 15 5 Workmanship 16 5 Engineering Surveys, Permits and Fees 17 5 Inspection of Work 18 5 Defects after Completion 19 6 Approval by City 20 6 Non -liability of the City 21 6 Default 22 6 Termination 23 6 Notices 24 6 Domestic Preference 25 6 Signatures 7 Proceed Order 7 Bid Sheet General Specifications 1 Attached Enclosed NEW CONSTRUCTION CONTRACT This Contract, made the day hereinafter set forth, by and between City of Waterloo hereinafter referred to as the "CITY", and Cedar Valley Renovations, hereinafter referred to as the "CONTRACTOR", WITNESSETH THAT: WHEREAS, the OWNER desires to engage the Contractor to perform certain work on the premises commonly known as 232 Ricker St. PARCEL ID 891313382006 and WHEREAS, the OWNER desires to rehabilitate, renovate, remodel and improve the aforesaid premises in accordance with standards set out by the City of Waterloo, Iowa. NOW THEREFORE, the parties hereto do mutually agree as follows: Section 1. Employment of Contractor: The owner hereby engages the Contractor with the approval of the City to perform the services and supply the materials hereinafter set forth. Section 2. Scope of Services: The Contractor shall perform all of the services and furnish all the material necessary to make the improvements described in the Contract for the aforesaid premises. Section 3. Improvements: The improvements to be made and/or constructed by the Contractor are set forth in the Plans and/or Specifications and referred to as Exhibit "A", attached hereto, made a part hereof and incorporated as a part of this Agreement. Section 4. Subcontracting: The Contractor shall not be required to employ any subcontractor against whom he has a reasonable objection. The Contractor agrees that he is as fully responsible to the City for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. Nothing contained in the contract documents shall create any contractual relation between any subcontractor and the Owner. Section 5. Equal Employment Opportunity: (Contracts subject to Executive Order 11246 and 11375). During the performance of this contract, the contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, or national origin. The Contractor 2 will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection of training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the City, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Orders 11246 and 11375, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Orders 11246 and 11375, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive Orders 11246 and 11375, and by the rules, regulations, and orders of the Secretary of Labor of the Secretary of Housing and Urban Development pursuant thereto, and will permit access to his books, records, and accounts by the property owner, the Secretary of Housing and Urban Development, and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) (g) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Orders 11246 and 11375, and such sanctions may be imposed and remedies invoked as provided in Executive Orders 11246 and 11375, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law. The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Orders 11246 and 11375 so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor or 3 purchase order as the property owner may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that, in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the property owner, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Section 6. Time for Performance: The Contractor shall, upon acceptance of this Bid and submission of evidence of satisfactory insurance coverage, begin work no later than 15 days after the Proceed Date. The contract must be satisfactorily completed 30 calendar days after the proceed date Notwithstanding the aforesaid, the Contractor is excused from performance or delay if at any time in the progress of the work by any act or neglect of the City or of any employee of either, or by any separate Contractor employed by the City, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by any cause which the City shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the City may decide. When the work has been fully completed, approved by the City, and all waivers and releases of liens required by the City are submitted, final payment shall be made to the Contractor by the City. Section 7. Insurance: The Contractor shall maintain such insurance as will protect him from claims under Workmen's Compensation Acts and other employee benefits acts, from claims for damages because of bodily injury, including death, and from claims for damages to property which may arise both out of and during operations under this Contract, whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Public liability insurance shall be written for not less than $300,000 per occurrence for injury to persons and not less than $300,000 per occurrence for damages to property. The Contractor shall save the City harmless from damages arising out of the work set forth therein. Before commencing work, Contractor shall furnish the City with certificates showing that the above insurance is in force. If any such insurance is due to expire during the construction period, the Contractor shall not permit the coverage to lapse and new certificates shall be furnished to the City. Section 8. Changes in the Work: No modifications of this Contract shall be made except in written change order signed by the Contractor and approved by the City. Section 9. Releases of Liens: The Contractor shall submit to the City a release of all mechanics and material liens prior to final payment of the consideration set forth hereafter. Section 10. Compensation: The City agrees to compensate the Contractor $21,832 for the services and the materials to be provided herein. Section 11. Payment for Completed Work: The Contractor will be paid all but ten percent (10%) of the Contract price after the work is satisfactorily completed. This ten percent 4 of Contract price will be held for 30 days after date of the final certification of completion. Upon request of the Contractor and with approval of the City, progress payments may be made. Progress payments shall not exceed 90% of the value of the work satisfactorily completed. Payments due the Contractor will be paid within 30 days after the City receives the Contractor's invoice and satisfactory release of liens of claims for liens by subcontractors, laborers, and material suppliers for completed work or installed materials and an executed Anti -Kickback Statement. Section 12. Provision for the City: City will permit the Contractor to use at no cost existing utilities such as light, heat, power, and water necessary to the carrying out and completion of the work. Section 13. Occupancy Provision: The premises are to be occupied (unless otherwise notified by the City) during the course of the construction work. Section 14. Condition of Premises: Contractor agrees to keep the premises clean and orderly during the course of the work and remove all debris at the completion of the work. Materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor unless stated otherwise. Section 15. Interest of Community Development Board Personnel and Local Public Officials. No members of the governing body of the City who exercises any functions or responsibilities, and no member of the City Council of the City of Waterloo, shall have any interest, direct or indirect, in this Contract. Section 16. Workmanship: The work provided hereunder by the Contractor shall be executed as directed by the plans and specifications and in the most sound, workmanlike and substantial manner, and all materials used in the construction, rehabilitation, renovating, remodeling, and improving shall be new unless otherwise expressly set forth in the specifications. Section 17. Engineering Surveys and Permits and Fees: The City shall furnish all engineering surveys as required unless otherwise specified. The Contractor shall furnish all permits and licenses for the authorization to execute said work and pay all fees incidental to acquiring same. Section 18. Inspection of Work: The City shall at all times have access to the work. If the specifications, plans, instructions, laws, ordinances, City Standards, or any public authority requires any work to be specifically inspected, tested or approved, the Contractor shall give the City timely notice of its readiness for inspection. Inspections by the City shall be promptly made. If any work should be covered up without approval or consent of the City, it must, if required by the City, be uncovered for examination at the Contractor's expense. If such work should be found not in accordance with this contract, including incorporated plans and specifications, the Contractor shall pay such costs; provided, however, if the Contractor can show that the defect was not caused by him or his subcontractors, then in that event, the City shall pay the cost of remedying such work. 5 Section 19. Defects after Completion: Any defects that appear within One Year (1 year) from the completion of the work and arise out of defective or improper materials or workmanship will upon the direction of the City be corrected and made good by the Contractor at his/her own expense. Roof replacements for a shingled roof will carry a 3-year guarantee on contractor's workmanship and materials. Defects that appear within the time frames indicated above shall be corrected by contractor at his/her own expense. Section 20. Approval by City: This Agreement must be approved by the City before it becomes effective. Section 21. Non -liability of the City: The parties hereto agree to hold the City harmless for any damages concerning the undertaking and carrying out of this Contract. Section 22. Default: In the case of default by the Contractor, the City may procure the articles of services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. Section 23. Termination: In case the Contractor fails to furnish materials or execute work in accordance with the provisions of this Contract, or fails to proceed with or complete the work within the time limit specified in this Contract, or if the provisions of the Contract are otherwise violated by the Contractor, then in any case, upon ten (10) days' written notice to the Contract, the City shall have the right to declare the Contractor in default in the performance of his obligations under the Contract. Said notice shall contain the reason for the City's intent to declare Contractor at fault and unless within ten (10) days after service of said notice, the violation shall cease or satisfactory arrangements shall be made for its correction, the Contractor, by written notice from the City may be declared in default and his right to proceed under the Contract terminated. In the event the Contractor is thus declared to be in default, the City will proceed to have the work completed, shall apply the cost of having the work completed any money due the Contractor under the Contract, and Contractor shall be responsible for any damages resulting to the City by reason of default. Section 24. Notices: Notices to be given by City to Contractor shall be considered given for the purpose of this Agreement if mailed by regular mail to Contractor at his business address. Section 25. Domestic Preference for Procurement: As appropriate and to the extent consistent with law, the non-federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. The requirements of this section must be included in all sub awards including all contracts and purchase orders for work or products under this award. 6 ACCEPTANCE SIGNATURES CEDAR VALLEY RENOVATIONS (Contractor Firm Name) 5700 BIG WOODS RD (Contractor's Address) CEDAR FALLS, IA 50613 (City, State, Zip) (Signature of Contractor) (Date of Bid) (Date of Acceptance) Attest: 7 CITY OF WATERLOO (Owner(s) Name) 620 MULBERRY ST. (Owner's Address) WATERLOO IA 50703 (City, State, Zip) QuertEirc r (Owner's Signature) (Owner's Signature) Attest: R e[ley Fetch APPROVED: 1L.d Ja s ,sis Rudy D. Jones Community Development Director BY: QuertEin 9-art•' Quentin Hart Mayor ***************************************************************************** PROCEED ORDER TO: Contractor FROM: Owner City of Waterloo Date: 12/4/2023 You are hereby notified to proceed with the work as listed in this contract within 15 days of the above date. Signature of Owner(s) Que/Hiri )-(,ar-( Mayor 8