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HomeMy WebLinkAboutCONTRACT - B&B BUILDERS AND SUPPLY y-13-0� 0,0 oq— 3/O FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2009 SIDEWALK REPAIR PROGRAM —ZONE 9 AND TRAIL REPAIRS CITY OF WATERLOO, IOWA CONTRACT NO. 752 This contract made and entered into this `, day of ,4//L , 200 , by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and B & B BUILDERS AND SUPPLY , of Waterloo, Iowa, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the F.Y. 2009 SIDEWALK REPAIR PROGRAM — ZONE 9 AND TRAIL REPAIR, CONTRACT NO. 752, 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. FORM OF CONTRACT PAGE 1 OF 5 PAGES 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 July 31, 2009, 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 uieii 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 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. FORM OF CONTRACT PAGE 2 OF 5 PAGES 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. Q . 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 3 OF 5 PAGES 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 $45,747.60. 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 ❑�e 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 Ur ited 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 PAGE 4 OF 5 PAGES CITY OF WATERLOO, IOWA Mayor City Clerk Contractor BY: j /1i,,,z-c 4; Title: 0 Z/viv F Approved by the City Council of the City of Waterloo, Iowa, this '2 day of /9-pri p , 20o ATTESTC _, — a , City Clerk Waterloo, Iowa FORM OF CONTRACT PAGE 5 OF 5 PAGES Bond No. IA:C 57216 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, B & B BUILDERS AND SUPPLY, of Waterloo , Iowa (hereinafter called the Principal), and Merchants Bonding Company(Mutual) _ of Des Moines, IA hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter called the Obligee), in the penal sum of FORTY-FIVE THOUSAND SEVEN HUNDRED FORTY-SEVEN AND 601100----Dollars ($45,747.60), lawful money of the United States, to payment of which sum, well and truly to be made, the Principal here firmly binds himself/themselves, his/their heirs, executors, and administrators, and the said Surety binds himself, his successors, assigns, executors, and administrators,jointly and severally, firmly by these presents. • THE CONDITION OF THiS OBLIGATION is such that, WHEREAS the above bounden Principal did, on the f day of Pr. , 20421, enter into a.written contract with the City of Waterloo, Iowa, for the construction of F.Y. 2009 SIDEWALK REPAIR PROGRAM — ZONE 9 AND TRAIL REPAIRS. CONTRACT NO. 752, a copy of which contract, together with all of its terms, covenants, conditions, and stipulations, is incorporated herein and made a part hereof as full and completely as if said contract were recited at length herein; and WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons, firms or corporations having contracts directly with the Principal or with subcontractors, all just claims due them for labor performed or materials furnished in the performance of the contract on account of which bond is given when the same are not satisfied out of the portion of the contract price which the public corporation is required to retain until completion of the public Improvement, but the Principal and Surety shall not be liable to said persons, firms, or corporation unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. Now, if the Principal shall in all respects fulfill his said contract according to the terms and tenor thereof, and shall satisfy all claims and demands incurred for the same, and shall fully indemnify and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Obligee all outlays and expenses which it may incur in making good any such default, then the obligation is to be void and of no effect, otherwise to remain in full force and effect. FORM OF BOND PAGE 1 OF 2 PAGES Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent 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. IN WITNESS WHEREOF, we have hereunto set our hands and seals this '2 day of 42/R/ r �. 20Z, _ B&B Builders &Supply Principal ivo By: izu Bob Brustkern Merchants Bonding Company (Mutual) Surety —' r Attorney-in-Fact , Barry McGee FORM OF BOND PAGE 2 OF 2 PAGES PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that B&B Builders &Supply (Name of Contractor) 5728 Sierra Drive, Waterloo, IA 50701 (Address of Contractor) a Proprietorship ,hereinafter called Principal, (Corporation,Partnership or Individual) and Merchants,Bonding Company(Mutual) (Name of Surety) 2100 Fleur Drive, Des Moines, IA 50321 (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) Forty Five Thousand- hereinafter called OWNER,in the penal sum of Seven l-ijndred Forty- Dollars,$( 45,747.60 ) Seven and 60/100 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 / 3 day of r<,7 iA, z 20=,a copy of which is hereto attached and made a part hereof for the construction of: F>Y 2009 SIDEWALK REPAIR PROGRAM ZONE 9 AND TRAIL REPAIRS, CONTRACT NO. 752 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, MERCHANT BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation du organized under the laws of the State of Iowa.and having its principal office in the City of Des Moines,County of Pop,State of Iowa,bath made, constituted and appointed,and does by these presents make,constitute and appoint of and State of its true and lawful Attorney-in-Fact,with full power and authority hereby conferred in its name,place and stead.to sign,execute.acknowledge and deliver in its behalf as surety any and all bonds,undertakings,recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on November 16,2002. ARTICLE II,SECTION 8-The Chairman of the Board or President or any Vice President or Secretary 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 the nature thereof. ARTICLE II,SECTION 9-The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obigations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and its corporate seal to be hereto affixed,this day of , ••\!. .Co jjp MERCHANTS BONDING COMPANY(MUTUAL) 4,�'o�PQAg7-st% •! • �- -o- �• �. `• • :3` a- 1933 •c; By .y . �ti. /-4417-7 • STATE OF IOWA ••.. \•�• President COUNTY OF POLK ss. On this day of ,before me appeared Larry Taylor.to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL),the corporation described in the foregoing instrument,and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said itstrixnerit was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. ',4/11Ye. Y CommCINDiission NumberSMYTH 1T'4* 3504 (J My Commission Expires0. V March 16,2012 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I. Wiliam Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Company on this % day of A7 P/ I( , )6.O .'p�11ts, Co,;•.. •a� OR PQ 9 Ate • • lTe� �'� ••� •�-"=yam•• ta�� 'ti-` :3• secretary y. 1933 :c: POA 0001 (11Q9} •''44••'., '. ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID sv DATE(MM/DD/YYYY) PRODUCER B&BBU-1 0 4/0 7/0 9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE AHROLD FAY ROSENBERG, INC. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 604 Locust St. , Ste. 800 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Des Moines IA 50309-3713 Phone: 515-309-6200 Fax:515-309-6225 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Bituminous Insurance Companies INSURER B: B & B Builders & Supply INSURER C: 5728 Sierra Drive INSURER D Waterloo IA 50701 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INJH Uu'L POLICY EFFECTIVE POLICY EXPIRATION LTR�NSRC TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ ] ,OOO,OOO A X X COMMERCIAL GENERAL LIABILITY CLP3259847 01/01/09 01/01/10 PREMISES(Ea occurence) $ 100,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $ 5,000 X Contractual Liab. PERSONAL&ADV INJURY $ 1,000,000 X XCU Included GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X jE LOC PRODUCTS-COMP/OP AGG $2,000,000 Emp Ben. 1,000,000 AUTOMOBILE LIABILITY A X ANY AUTO COMBINED SINGLE LIMIT $ 1 CAP3526819 01/01/09 01/01/10 (Ea accident) ,000,000 X ALL OWNED AUTOS X SCHEDULED AUTOS BODILY INJURY $ (Per person) X HIRED AUTOS X NON-OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $2,000,000 A X OCCUR I ICLAIMSMADE CUP2584862 01/01/09 01/01/10 AGGREGATE $2,000,000 _ DEDUCTIBLE — $ RETENTION $0 WORKERS COMPENSATION AND WC LI I S Ol H- $ X TORY LIMITS EMPLOYERS'LIABILITY ER A ANY PROPRIETOR/PARTNER/EXECUTIVE WC3526820 01/01/09 01/01/10 E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? If yes,describe under E.L.DISEASE-EA EMPLOYEE $ 500,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 OTHER A Contractors CLP3259847 01/01/09 01/01/10 Limit $762,311 Equipment Coverage Ded $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Waterloo is named as additional insured on the General Liability policy for any and all work performed by the named insured for City of Waterloo. CERTIFICATE HOLDER CANCELLATION WATER-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN City of Waterloo NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 715 Mulberry Street Waterloo IA 50703 REPRESENTATIVES. Q�(RR A ZED REPRnI ACORD 25(2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08)