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HomeMy WebLinkAboutPeterson Contractors - Sunnyside Creek Improvements - 2.17.2025FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF SUNNYSIDE CREEK IMPROVEMENTS WET DETENTION POND AND CHANNEL STABILIZATION PROJECT CITY OF WATERLOO, IOWA CONTRACT NO. 1062 This contract made and entered into this 17th day of February 20 25by and between the City of Waterloo, Iowa, a Municipal Corporation , (hereinafter referred to as City), and PETERSON CONTRACTORS, INC. of REINBECK, IA, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 PAR. 5 PAR. 6 Contractor agrees to build and construct the SUNNYSIDE CREEK IMPROVEMENTS WET DETENTION POND AND CHANNEL STABILIZATION PROJECT, Contract No. 1062, and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanlike 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. 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 late start date for commencing work shall be on or before April 30, 2025. Once work commences, periods of inactivity should be minimized. All items shall be completed on or before June 30, 2026. All work located outside of the City ROW south of Van Miller Way shall be completed by March 31, 2026. No access will be allowed to this property after this date. All other work items shall be completed on or before June 30, 2026. 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. FORM OF CONTRACT AECOM #60680939 C-1 of 4 Sunnyside Creek Improvements City Contract No. 1062 Waterloo, Iowa PAR. 7 PAR. 8 PAR. 9 PAR. 10 PAR. 11 PAR. 12 PAR. 13 PAR. 14 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 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. 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. 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. 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. 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. 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. 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 FORM OF CONTRACT AECOM #60680939 C-2 of 4 Sunnyside Creek Improvements City Contract No. 1062 Waterloo, Iowa 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 Contractors unit bid prices, and for which 100% surety bond is required, is $1,565,743.39. PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and cleanup 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 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. FORM OF CONTRACT AECOM #60680939 C-3 of 4 Sunnyside Creek Improvements City Contract No. 1062 Waterloo, Iowa CITY OF WATERLOO, IOWA Querdrz fir-( Mayor Kelley Felclile City Clerk Con BY: UIGIIDLLY SIGNED )1G SIGNED PETERSON CONTRACTORS, INC. Title: PRESIDENT Approved by the City Council of the City of Waterloo, Iowa, this 17ti1 day of February, 20_ SIGNED ATTEST: Kelley FelrfileCity Clerk Waterloo, Iowa FORM OF CONTRACT AECOM #60680939 C-4 of 4 Sunnyside Creek Improvements City Contract No. 1062 Waterloo, Iowa WATER RESOURCE RESTORATION SPONSORED PROJECT PERFORMANCE AGREEMENT PERFORMANCE AGREEMENT (hereinafter the "Agreement"), entered into between the Iowa Department of Natural Resources, an agency of the State of Iowa, (hereinafter the "Department"), and Name: City of Waterloo Address: 715 Mulberry Street Address: City, State, Zip: Waterloo, Iowa 50703 Phone: (319) 291-4301 E-Mail Address: mayor@waterloo-ia.org Contact Person: Quentin Hart, Mayor (hereinafter the "Borrower"). WHEREAS, the Department and the Iowa Finance Authority are jointly designated to administer the Water Pollution Control Works, also known as the Clean Water State Revolving Fund (CWSRF) pursuant to Iowa Code sections 455B.291 to 4556.299, 16.131 to 16.133A and the federal Water Pollution Control Act (Clean Water Act); and WHEREAS, pursuant to Iowa Code section 455B.199 the Department has jurisdiction to administer the water resource restoration sponsored projects program; and WHEREAS, the water resource restoration sponsored projects program is implemented pursuant to 567 Iowa Administrative Code chapter 92; and WHEREAS, the Borrower proposes to construct Sunnyside Basin Water Resources Restoration Sponsored Project (hereinafter called the "Project"); and WHEREAS, the Project includes construction of a wet detention pond, which will be located between Highway 20 and Van Miller Way generally centered on the main channel of Sunnyside Creek; and WHEREAS, the Borrower shall ensure that the Project is constructed in accordance with the applicable practice(s) design checklist and the plans and specifications as approved by the Department on 20 February 2025, and the construction contract documents entered into by the Borrower, and all attached as Attachment A to this Agreement; and WHEREAS, the Borrower agrees to maintain the Project in accordance with the maintenance plan as reviewed by the Department and accepted/signed by the Borrower on 5 February 2025, and attached as Attachment B to this Agreement; and WHEREAS, the Department shall notify the Iowa Finance Authority that the Borrower is eligible for additional funding of an amounts not to exceed $530,000 & $517,000 for the Project through an amendments to the Borrower's associated Clean Water State Revolving Fund loan agreements (C1422R & C128ORT) in the original/estimated amounts of $$7,948,000 & $8,105,000; and WHEREAS, this Agreement shall be applicable to all loans associated with the Project and will be incorporated by reference into all loan agreements of loans associated with the Project; and WHEREAS, any changes to the contract documents and/or maintenance plans referenced above must be submitted to the Department for review and/or approval, PERFORMANCE AGREEMENT Page 1 of 3 NOW, THEREFORE, in consideration of the mutual promises exchanged above and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Department and the Borrower hereto mutually agree as follows: Default The Borrower is in default of the Agreement upon the occurrence of one or more of the below conditions which include the following: 1. Construction of the Project is not completed within the timeframe identified in Attachment A or Department approved change orders that amend the timeframe identified in Attachment A; 2. The Project is not constructed in accordance with the approved plans and specifications of Attachment A, or does not meet applicable practice design standard(s) which were the basis for the approved plans and specifications; 3. The Project is not maintained in accordance with Attachment B; 4. The Project practice(s), which have not met their identified useful life (as identified in Attachment B), no longer function as originally intended due to lack of maintenance, removal, modification of, or damage to the Project that was not repaired; or 5. The Project is utilized for a purpose that would make it no longer eligible for SRF Sponsored Project funding under State or Federal regulations. II. Actions In the event that the Borrower is in default of the Agreement as defined above, the Department shall by written notice inform the Borrower that they are in default with the Agreement; and the Department may take one or more of the following actions: 1. Grant the Borrower an extension of time to correct deficiencies and/or to complete the Project through the issuance of a change order as an amendment to Attachment A or other applicable action; 2. Instruct the Borrower to complete work necessary to correct deficiencies of practices not constructed to the approved plans and specifications in Attachment A and/or any change orders approved by the Department that amend Attachment A, or that do not meet the applicable practice design standard(s) which were the basis for the approved plans and specifications; 3. Instruct Iowa Finance Authority to withhold further disbursements related to the Project until actions necessary to remedy deficiencies have been completed and approved by the Department; 4. Instruct the Borrower to perform the required maintenance identified in Attachment B; 5. Instruct the Borrower to repair any damage to the Project that impairs or prevents the Project practices from functioning properly; or 6. In the event the actions in items 1-5 would be ineffective given the circumstances of the default, or in the event the Department took any action detailed in items 1-5 or took any other action under item 7 and the Borrower failed to remedy the default, instruct the Iowa Finance Authority to increase the interest rate of any associated Clean Water State Revolving Fund loan agreement(s) such that the entire amount disbursed to the Borrower for the Project or an amount prorated according to the proportion of remaining years of useful life to the total years of useful life of the Project practice(s) in default is repaid to the Clean Water State Revolving Fund; or 7. Take any other action deemed necessary by the Department that will allow the Borrower to remedy the default and/or allow the Department or the Iowa Finance Authority to recoup previously dispersed funding for the Project, so long as the action does not increase the SRF funding provided for the Project and is allowed under law or rule. The Department may only take this action if the actions in items 1-5 would be ineffective given the circumstances of the default, or in the event the Department took any action detailed in items 1-5 and the Borrower failed to remedy the default. III. Other PERFORMANCE AGREEMENT Page 2 of 3 By signing this Agreement, the Borrower expressly agrees to any amendment of any loan agreement of a loan associated with the Project that the Iowa Finance Authority deems necessary to fulfill an instruction by the Department in items 3, 6, and/or 7 of the Actions section of this Agreement. However, this clause shall not be construed as in any way limiting the right of the Borrower to contest that it is in default of this Agreement. Nothing in this Agreement shall be construed as limiting the rights, powers, options, or remedies of the Iowa Finance Authority to collect a debt or take any other action related to a loan agreement for any loan. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed on their behalf by their duly authorized officers all as of the Dated Date. CITY OF WATERLOO BY: D [Name, Title] IOWA DEPARTMENT OF NATURAL RESOURCES BY: Digitally signed by Kayla Lyon Date: 2025.02.28 13:04:52 -06'00' Kayla Lyon, Director DATE: 9-0/1(91 DATE: PERFORMANCE AGREEMENT Page 3 of 3 ATTACHMENT A This Attachment incorporates by reference the following documents related to the Project: • Practice(s) design checklist (if applicable) • Plans and specifications as approved by the Department on 20 February, 2025 • The construction contract documents entered into by the Borrower Due to the size of these documents, they are incorporated by reference but have been omitted as a direct attachment to this Agreement. These documents were made available to all signatories prior to the finalization of this Agreement. The documents are available by contacting the Department's SRF program. PERFORMANCE AGREEMENT —Attachment A Page A-1 ATTACHMENT B This Attachment incorporates by reference the following documents related to the Project: • Sunnyside Water Quality Wet Pond: Wet Pond, Native Plantings, Wetland Seeding and Tree Planting Inspection and Maintenance Plan Due to the size of the plan, it is incorporated by reference but has been omitted as a direct attachment to this Agreement. The plan was made available to all signatories prior to the finalization of this Agreement. The plan is available by contacting the Department's SRF program PERFORMANCE AGREEMENT —Attachment B Page B-1