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HomeMy WebLinkAboutBlack Hawk Roofing Company-3/28/2016CITY OF WATERTJOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT For 2016 Leisure Services Roof Replacement This Contract made and entered into this 28th day of Mareh 2016, by and between the City of Waterloo, Iowa, a Munieipal Corporation, hereinafter referred to as City, and Black Hawk Roofing Company, Cedar Falis, Iowa hereinafter referred 10 as Contractor, WITNESSETH: Par. 1 The Contractor shall furnish all supervision, technical personnel, labor, materials, and equipment to perform all work required for the 2016 Leisure Services Roof Replacement described in the specifications and shown on the plans. Par. 2 The Contraet Documents shall consist ofthe foliowing: a. This Agreement b, Notice ofHearing c. Signed Copy ofBid d. Specifications e. Performance Bond d. Payment Bond f. Certifieates oflnsurance These documents form the Confract and are all fully a part of the Contraet as if attached to this Contract or repeated herein. Par. 3 The Contractor agrees to eommence 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 obstniction of streets and alleys, keeping open passageways for water, traffic and proteeting any excavation in any street or alley and maintaining proper and suffieient 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 ef any act, omission or negligence of the Contraetor or its agents or on aceount of any injuries sustained by reason of any obstruetion, hole, depression or barrier placed or dug by the defendant or its agents in the doing af 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 CONTRACT page 1 of 2 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. In no event, shall Contractor be liable for any claims for loss of ad revenue. 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 famish 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 fall 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 for the Base Bid No. 1 and Base Bid No. 2: Sum of One Hundred Thousand, One Hundred Forty Eight Dollars ($100,148.00) City of Waterloo, Iowa Quentin Hart, Mayor giiy Sch es, City Clerk Contractor: Black Hawk Roofing Company 3�Z��Zl7��U Michael Kelly, Project Manager Approved by the City Council of the City of Waterloo, Iowa, this 28th day of March 2016 ATTEST: City Clerk CONTRACT page 2 of 2 Bond Number 1AC585486 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Black Hawk Roof Company, Inc. jf Cedar Falis IA (the "Principal"), and Merchants Bondinq ComDany (Mutual) of Des Moines IA (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of One Hundred Thousand One Hundred Forty-eight & no/lOOths Dollars ($ 100,148.00 ), Iawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about ApriI 5, 2016 for the purpose of 2016 Leisure Services Roof Replacement . The Contract 5 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: Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with ts terms and conditions, and upon determination by the Surety of the Iowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the Iowest 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 Iess 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 Iiquidated damages or actual damages if no Iiquidated 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 ameridments thereto, Iess the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is Iiable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Frincipal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not Iimited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the foliowing matters, without notice: Performance Bond Page 1 of 2 I . 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 April 12, 2016 fJ7I060. _1I Black Hawk Roof Company, Inc. Name By: Title: A� SURETY By: Mo,�J l llh Title: Nancy D. Baltutat, Attorney -in -Fact [attach Power of Attorney] 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 2 of 2 Bond Number 1AC585486 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Black Hawk Roof Company, Inc. a (Name of Contractor) 619 E l9th Street, Cedar Falis IA 50613 (Address of Contractor) Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and, Merchants Bondinq Company (Mutual) (Name of Surety) P 0 Box 14498, Des Moines IA 50306 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of $100,148.00 Dollars,($ -100148.00 in Iawful 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 severaily, 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 Sth day of AprH 2016 , a copy of which is hereto attached and made a part hereof for the construction of: 2016 Lesure Services Roof Replacement 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, ineluding all amounts due for materials, Iubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and alT 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 20 16 ATTEST: (Principal) Secretary (SEAL) Witness as to Principal (Address) 12th day of Black Hawk Roof Company, Inc. Principal April By 4d::�e (s) 619 E 19th Street, Cedar Falls IA 50613 (Address) Merchants Bonding Company (Mutual) ATTEST: By n „�.t � r ��ttor ey-in-Fact Nancy D. Baltutat _ U 4200 University Avenue #200 Hess as to urety (Address) 4200 University 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 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. MERCHANS BONDING COMPANYW POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations ot the State ot Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, F Melvyn Hrubetz; Greg T LaMair; Jeffrey R Baker; Jill Shaffer; Joseph 1 Schmit; Mark E Keairnes; Nancy D Baltutat; Patrick K Duff their true and Iawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION ($1O,000,000.00) DOLLARS This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the foliowing By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in Ihe nature thereof." The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Fower of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when 90 used shall have the sarne force and effect as though nianually flxed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to (he Attorney -in -Fact includes any and all consents for the release of retained percentages andfor final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State ofFlorida Department of Transportation making payment of the final estirnate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at Ieast thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this lSIh day of August , 2015 2003 ..c>. .// STATE OF IOWA COUNTY OF Dailas 55. On mis lSth day of August , 2015 , before me appeared Larry Taylor, to me personaily known, who being by me sworn did say that he 5 President of the MERCHANTS BONDING COMFANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the senis affixed to the foregoing instrurnent are the Corporate seals of the Companies; and that the said instrunient was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. .• s'.'W. . 9oj•. P0 4 .i-: --. 0. .-e., •. * MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. President WENDY WOODY 0 Commission Nurnb& 784654 7 My Cornmission Expires June 20, 2017 Notary Pubhb,QaTh County, /owa (Expiration of notary's commission does not invalidate this instrument) 1, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do liereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, 1 have hereunto set ray hand and affixed the seal of the Cornpanies POAOO14(6/15) . .. . •v6 C •i• 1933 ,. on this 1 2th day of April 2016 Secretaiy Th ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM!D0/YYYY) 4/12/2016 THIS CERTIFICATE IS ISSUED AS A MA1TER OF INFORMATION ONLY AND COWFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVEL.Y AMEND, EXTEND OR ALTER THE GOVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OP INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING ENSURER(S), AUTHORIZED REPRESENTATJVE CR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the pollcy, certain policios may require an endorsement. A statement on this certificate does not confer rights to the certiflcate holder in Iieu of such endorsement(s). PRODUCER LMC lnsurance & Risk Managernent 4200 University Ave., Sulte 200 West Des Moines IA 50266-5945 CONTACT Connie Redd PHONE 0Q7 fl'IIQ FAX IA/CNo ExI% ..rvi -v 1 i.' INC. No). AODRESS:CQflflJe.redd@lfllCIflS.COm POLICY EFF IMM/DDWYYY) INSURER(S) AFF0RDINO COVERAGE NAIC if INSURERA:Wesferfl National Mutual lnsurance C 15377 INSURED BLACHAW-02 Black Hawk Roof Company Inc. 619 E l9th Street Cedar Falis IA 50613-4275 INSURER s Midwest Buliders' Casualty Mutual C 13126 INSURER 0; 1/1/2016 INSURERD EACH000URRENCE INSURER E: DAMAGE 70 RENTED FREMISES (Ea occurrence) INSURER F; MEDEXP(Anynneperson) COVERAGES CERTIFICATE NUMBER: 549813632 REVISION NUMBER: THIS 5 TO CERTIFY TE -IAT THE POLIGIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIGY PERIOD INDICATED. NOTWITHSTANDING ANY REQLJIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WI-1ICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFOROED BY THE POLICIES DESCRIBED HEREIN 3 SIJBJECT TO ALL THE TERMS, EXCLIJSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDLJCED BY rAm CLAIMS. INSR LTR TYPE OF INSURANCE ADDL NSR SU6R WVD POLICY NUMBER POLICY EFF IMM/DDWYYY) POLICV EXP (MM/DDWYYY) LIMITS A GENERALL&BILITY COMMERCIAL GENERAL LIABILITY ¥ CPP109376203 1/1/2016 1/1/2017 EACH000URRENCE 51000,000 DAMAGE 70 RENTED FREMISES (Ea occurrence) $300,000 MEDEXP(Anynneperson) 510,000 CLAIMS -MADE X 000LJR PERSONAL&ADVINJURY 51,000,000 X P0 fJe; $1,000 GENERAL AGOREGATE 52000000 PRODUCTS - COMP/OP AGG 52,000,000 GEN'L AGGREGATE 1 POLICY LIMIT APPLJES 'f PER: LOC $ A AUTOMOBILE X LIASILITV ANYAUTO g/NED I-IIREO AUTOS - gyuLED NON -OWNED AUTOS CPP1068713 03 111/2016 1/1/2017 1IN('LE LIMIT i,000,000 BODILYINJURY(Perperson) $ BODILY INJURY (Per accldent) $ PROPERTY DAMAGE (Por accldonl) $ A X UMBRELLALIAB EXCESS LIAB OCCUR CLAIMS -MADE UMB101555603 1/1/2016 1/1/2017 EACHOCCURRENCE 55,000,000 AGGREGATE 55,000,000 $ DED RETENTION$I0,000 B WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY ANY PR0PRIET0IVPARTNEIEXECUTIVE 0FFICEIMEMBER EXCLUDED? (Mandatory 1,, NH) Ifves. desor)be ur,der DSCRIPTI0N OF OPERATIONS bolow Y/N N 1 A I6BWCI14G 1/1/2016 1/1/2017 X w STATU- TORYLIMITS OTH- FR 5.1. EACH ACCIDENT 51 000,000 E.L. DISEASE - EA EMPLQYEE 51000000 E.L. DISEASE - POLICY LIMIT si ;000,000 A Installation Floater CPP1093763 03 1/1/2016 1/1/2017 Limit $250,000 DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES (Attach ACOR0 101, Addltional Remarks Schedule, ifmore space is roquirod) RE: Waterloo Leisure Services -Re -Roof proect Certificate holder is an Additional Insured Managers or Lessors of Premises, Lessor of Leased Equipment, Vendors, State or Political Subdivisions Permits Retating to Premises, State or Political Subdivisions Permits, when required by written contract with respects to the General Liability policy per for WNGL39 (07/15) See Attached... LDER CANCELLATION City of Waterloo City Hall 715 Mulberry Street Waterloo IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHD ZED REPRESENTATFVE #,,r__. ACORD 25(2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registored marks of ACORD ACORO AGENCV CUSTOMER ID: BLACHAW-02 LOC #: ADDITIONAL REMARKS SCHEDULE Page of 1 AGENCY LMC Insurance & Risk Management POLICY NUMBER CARRIER NAIC CODE NAMED INSURED Black Hawk Roof Company Inc. 619 E l9th Street Cedar Falis IA 50613-4275 EFFECTWE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM ISA SCHEDULE TO ACORD FORM, EORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Notice of Cancellation on General Liability: 30 days per form WNGL69 (12/10) Notice of Cancetlation on Auto Llability: 30 days per form WNCA44 (12/10) Notice of Cancellation on Umbrella Liability: 30 days per form WNCU1 08 (12/10) Cancellation Notice - 30 days with respects to the Workers Compensation policy per form WC990601 (01/11) ACORD 101 (2008/01) © 2008 ACORD CORPORATION. Alt rights reserved. The ACORD narne and logo are registered marks ofACORD