HomeMy WebLinkAbout2019-01-07-J01G Library RTU Replacement_Approve Contract, BondAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: January 7, 2019
AGENDA ITEM:Consideration of approval of a resolution approving contract, bond
[Waukee Public Library RTU Replacement Project]
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:$132,327.00
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution approving contract and bond with Air-Con
Mechanical Corporation of Des Moines, IA, in the amount of
$132,327.00.
ATTACHMENTS: I. Proposed Resolution
II. Contract, Bond (signed contracts are anticipated to be delivered
by Monday, prior to the council meeting)
PREPARED BY: Becky Schuett
REVIEWED BY:
J1G
RESOLUTION 18-
RESOLUTION APPROVING CONSTRUCTION CONTRACT
AND BOND FOR THE WAUKEE PUBLIC LIBRARY RTU
REPLACEMENT PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, STATE
OF IOWA:
That the construction contract and bond executed and insurance coverage for the
construction of certain public improvements described in general as the Waukee Public Library
RTU Replacement Project, and as described in detail in the plans and specifications heretofore
approved, and which have been signed by the Mayor and Clerk on behalf of the City be and the
same are hereby approved as follows:
Contractor: Air-Con Mechanical Corp. of Des Moines, IA
Amount of bid: $132,327.00
Bond surety:
Date of bond:
Portion of project: All construction work
PASSED AND APPROVED this 7th day of January, 2019.
Mayor
ATTEST:
City Clerk
CONTRACT
CONTRACT NO.____________
DATE _____________________
THIS CONTRACT, made and entered into this, the day of January, 2019, by and
between the City of Waukee, Iowa, by its Mayor, upon order of its City Council
hereinafter called the “Owner”, and Air Con Mechanical Corporation, hereinafter called
the “Contractor”.
WITNESSETH:
The Contractor hereby agrees to complete the work comprising the below referenced
improvements as specified in the Contract Documents, which are officially on file with
the City in the office of the Waukee City Hall. This contract includes all Contract
Documents.
The term “Contract Documents” means and includes the following:
A.Notice of Hearing and Letting
B.Instructions to Bidders
C.Proposal
D.Bid Bond
E.Contract
F.Performance Bond
G.Regulations of the Contract
H.Supplemental Regulations
I.Special Conditions
J.Detailed Specifications
K.Plans Numbered ME101 through E-101
L.Standard Drawings
M.Addenda Number 1 through 2
N.Notice to Proceed
The work under this contract shall be constructed in accordance with the current
editions of the City of Waukee Specifications for Public Improvements and SUDAS
Standard Specifications, and as further modified by the supplemental specifications and
special provisions included in said contract documents. The Contractor further agrees to
complete the work in strict accordance with said contract documents, and to guarantee
the work as required by law, for the time required in said contract documents, after its
acceptance by the City.
This contract is awarded and executed for completion of the work specified in the
contract documents for the bid prices shown on the Contract Attachment – Item 1: Bid
Items, Quantities, and Prices, which were proposed by the Contractor in its proposal
submitted in accordance with the Notice to Bidders and Notice of Public Hearing for the
following described improvements:
Replace existing air handling unit with a new air handling unit and associated controls and
accessories. Install new electric heating coil in ductwork and upgrade associated power.
Provide new surge protection device on power connection to air handling unit.
The Contractor agrees to perform said work for and in consideration of the City’s
payment of the bid amount of one hundred thirty-two thousand three hundred twenty-
seven DOLLARS ($132,327.00) which amount shall constitute the required amount of the
performance, maintenance, and payment bond. The Contractor hereby agrees to
commence work under this contract on or before a date to be specified in a written
notice to proceed by the City and to fully complete the project by June 1, 2019; and to
pay damages for noncompliance with said completion provisions at the rate of five
hundred ($500.00) for each calendar day thereafter that the work remains incomplete.
IN WITNESS WHEREOF, the Parties hereto have executed this instrument, in triplicate
on the date first shown written.
CITY OF WAUKEE, IOWA CONTRACTOR
By _______________________ _____________________________
William F. Peard, Mayor Contractor
(Seal) By__________________________
ATTEST: Signature
_________________________ _____________________________
Rebecca D. Schuett, City Clerk Title
_____________________________
Street Address
_____________________________
City, State, Zip Code
_____________________________
Telephone
CONTRACTOR PUBLIC REGISTRATION INFORMATION TO Be Provided By:
1.All Contractors: The Contractor shall enter its Public Registration Number _ _ _ _
_ _ _ issued by the Iowa Commissioner of Labor pursuant to Section 91C.5 of the
Iowa Code.
2.Out of State Contractors:
A.Pursuant to Section 91C.7 of the Iowa Code, an out-of-state contractor, before
commencing a contract in excess of five thousand dollars in value in Iowa, shall
file a bond with the division of labor services of the department of workforce
development. It is the contractor’s responsibility to comply with said Section
91C.7 before commencing this work.
B.Prior to entering into contract, the designated low bidder, if it is a corporation
organized under the laws of a state other than Iowa, shall file with the Engineer a
certificate from the Secretary of the State of Iowa showing that it has complied
with all the provisions of Chapter 490 of the Iowa Code, or as amended,
governing foreign corporations.
Note: All signatures on this contract must be original signatures in ink; copies, facsimile, or
electronic signatures will not be accepted.
CORPORATE ACKNOWLEDGMENT:
State of ______________________)
) SS
_______________________ County)
On this ____ day of _________________, 20__, before me, the undersigned, a Notary Public in and for
the State of _______________, personally appeared ______________________ and ____________________, to
me known, who, being by me duly sworn, did say that they are the ___________________, and
______________________, respectively, of the corporation executing the foregoing instrument; that
(no seal has been procured by) (the seal affixed thereto is the seal of) the corporation; that said
instrument was signed (and sealed) on behalf of the corporation by authority of this Board of
Directors; that _____________________ and ___________________________ acknowledged the execution of
the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily
executed.
________________________________________
Notary Public in and for the State of _____________
My commission expires ________________, 20__
PARTNERSHIP ACKNOWLEDGMENT:
State of ______________________)
) SS
_______________________ County)
On this ____ day of _________________, 20__, before me, the undersigned, a Notary Public in and for
the State of _______________, personally appeared ______________________ to me personally known,
who, being by me duly sworn, did say that the person is one of the partners of
_________________________, a partnership, and that the instrument was signed on behalf of the
partnership by authority of the partners and partner and the partner acknowledged the
execution of the instrument to be the voluntary act and deed of the partnership, by it and by the
partner voluntarily executed.
________________________________________
Notary Public in and for the State of _____________
My commission expires ________________, 20__
INDIVIDUAL ACKNOWLEDGMENT:
State of ______________________)
) SS
_______________________ County)
On this ____ day of _________________, 2019, before me, the undersigned, a Notary Public in and for
the State of _______________, personally appeared ______________________ AND
________________________to me personally known to be the identical person(s) named in and who
executed the foregoing instrument and acknowledged that (he) (she) (they) executed the
instrument as (his) (her) (their) voluntary act and deed.
________________________________________
Notary Public in and for the State of _____________
My commission expires ________________, 20__
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT:
State of ______________________)
) SS
_______________________ County)
On this ____ day of _________________, 20__, before me, the undersigned, a Notary Public in
and for the State of _______________, personally appeared ______________________ to me
personally known, who, being by me duly sworn, did say that the person is
__________________ of said __________________________, that (the seal affixed to said
instrument is the seal of said OR no seal has been procured by the said)
_________________________, and that the instrument was signed and sealed on behalf of the
said __________________________, by authority of its managers and the said
_____________________ acknowledged the execution of the instrument to be the voluntary
act and deed of said _________________________________, by it voluntarily executed.
________________________________________
Notary Public in and for the State of _____________
My commission expires ________________, 20__
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
SURETY BOND NO._______________________
KNOW ALL BY THESE PRESENTS:
That we, ________________________________, as Principal (hereinafter the “Contractor” or
“Principal” and _________________________________, as Surety are held and firmly bound
unto City of Waukee, Iowa, as Obligee (hereinafter referred to as “the Owner”), and to all
persons who may be injured by any breach of any of the conditions of this Bond in the penal sum
of one hundred thirty-two thousand three hundred twenty-seven dollars ($132,327.00), lawful
money of the United States, for the payment of which sum, well and truly to be made, we bind
ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these
presents.
The conditions of the above obligations are such that whereas said Contractor entered into a
contract with the Owner, bearing date the ___________ day of _________________, 2019,
hereinafter the “Contract”) wherein said Contractor undertakes and agrees to construct the
following described improvements:
Replace existing air handling unit with a new air handling unit and associated controls and
accessories. Install new electric heating coil in ductwork and upgrade associated power.
Provide new surge protection device on power connection to air handling unit.
and to faithfully perform all the terms and requirements of said Contract within the time therein
specified, in a good and workmanlike manner, and in accordance with the Contract Documents.
It is expressly understood and agreed by the Contractor and Surety in this bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit:
1.PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill,
and abide by each and every covenant, condition, and part of said Contract and Contract
Documents, by reference made a part hereof, for the above referenced improvements, and
shall indemnify and save harmless the Owner from all outlay and expense incurred by the
Owner by reason of the Contractor’s default of failure to perform as required. The
contractor shall also be responsible for the default or failure to perform as required under
the Contract and Contract Documents by all its subcontractors, suppliers, agents, or
employees furnishing materials or providing labor in the performance of the Contract.
2.PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just
claims submitted by persons, firms, subcontractors, and corporations furnishing materials
for or performing labor in the performance of the Contract on account of which this Bond
is given, including but not limited to claims for all amounts due for labor, materials,
lubricants, oil, gasoline, repairs on machinery, equipment, and tools consumed or used by
the Contractor or any subcontractor, wherein the same are not satisfied out of the portion
of the contract price the Owner is required to retain until completion of the improvement,
but the Contractor and Surety shall not be liable to said persons, firms, or corporations
unless the claims of said claimants against said portion of the contract price shall have
been established as provided by law. The Contractor and Surety hereby bind themselves
to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this
reference is made a part hereof as though fully set out herein.
3.MAINTENANCE: The Contractor and Surety on this Bond hereby agree, at their own
expense:
A.To remedy any and all defects that may develop in or result from work to be
performed under the Contract within the period of four (4) year (s) from the date
of acceptance of the work under the Contract, by reason of defects in
workmanship or materials used in construction of said work;
B.To keep all work in continuous good repair; and
C.To pay the Owner’s reasonable costs of monitoring and inspection to assure that
any defects are remedied, and to repay the Owner all outlay and expense incurred
as a result of Contractor’s and Surety’s failure to remedy any defect as required by
this section.
Contractor’s and Surety’s agreement herein made extends to defects in workmanship or
materials not discovered or known to the Owner at the time such work was accepted.
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
1.GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to
the contrary notwithstanding, to the following provisions:
A.To consent without notice to any extension of time to the Contractor in which to
perform the Contract;
B.To consent without notice to any change in the Contract or Contract Documents,
which thereby increases the total contract price and the penal sum of this bond,
provided that all such changes do not, in the aggregate, involve an increase of
more than 20% of the total contract price, and that this bond shall then be released
as to such excess increase; and
C.To consent without notice that this Bond shall remain in full force and effect until
the Contract is completed, whether completed within the specified contract period,
within an extension thereof, or within a period of time after the contract period
has elapsed and the damage penalty is being charged against the Contractor.
The Contractor and every Surety on the bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
D.That no provision of this Bond or of any other contract shall be valid that limits to
less than five years after the acceptance of the work under the Contract the right to
sue on this Bond.
E.That as used herein, the phrase “all outlay and expense” is not to be limited in any
way, but shall include the actual and reasonable costs and expenses incurred by
the Owner including interest, benefits, and overhead where applicable.
Accordingly, “all outlay and expense” would include but not be limited to all
contract or employee expense, all equipment usage or rental, materials, testing,
outside experts, attorneys’ fees (including overhead expenses of the Owner’s staff
attorneys), and all costs and expenses of litigation as they are incurred by the
Owner. It is intended the Contractor and Surety will defend and indemnify the
Owner on all claims made against the Owner on account of Contractor’s failure to
perform as required in the Contract and Contract Documents that all agreements
and promises set forth in the Contract and Contract Documents, in approved
change orders, and in this Bond will be fulfilled, and that the Owner will be fully
indemnified so that it will be put into the position it would have been in had the
Contract been performed in the first instance as required.
In the event the Owner incurs any “outlay and expense” in defending itself against any claim as
to which the Contractor or Surety should have provided the defense, or in the enforcement of the
promises given by the Contractor in the Contract, Contract Documents, or approved change
orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond,
the Contractor and Surety agree that they will make the Owner whole for all such outlay and
expense, provided that the Surety’s obligation under this bond shall not exceed 125% of the
penal sum of this bond.
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
In the event that any actions or proceedings are initiated regarding this Bond, the parties agree
that the venue thereof shall be Dallas County, State of Iowa. If legal action is required by the
Owner to enforce the provisions of this Bond or to collect the monetary obligation incurring to
the benefit of the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the
Owner all outlay and expense incurred therefor by the Owner. All rights, powers, and remedies
of the Owner hereunder shall be cumulative and not alternative and shall be in addition to all
rights, powers, and remedies given to the Owner, by law. The Owner may proceed against surety
for any amount guaranteed hereunder whether action is brought against the Contractor or whether
Contractor is joined in any such action(s) or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully
perform all the promises of the Principal, as set forth and provided in the Contract, in the
Contract Documents, and in this Bond, then this obligation shall be null and void, otherwise it
shall remain in full force and effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as
defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the
Bond, Contract or Contract Documents, it shall be interpreted or construed as defined in
applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be
interpreted or construed according to its generally accepted meaning in the construction industry;
and fourth, if it has no generally accepted meaning in the construction industry, it shall be
interpreted or construed according to its common or customary usage.
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall
not limit liability hereunder. The Contract and Contract Documents are hereby made a part of
this Bond.
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
Project No._______________
Witness our hands, in triplicate, this ______ day of _______________, 2019
SURETY COUNTERSIGNED BY: PRINCIPAL:
______________________________ _____________________________
Signature of Agent Contractor
________________________________________ By:__________________________
Printed Name of Agent Signature
________________________________________ _______________________________________
Company Name Title
________________________________________
Company Address SURETY:
______________________________ _____________________________
City, State, Zip Code Surety Company
________________________________________ By:__________________________
Company Telephone Number Signature Attorney-in-Fact & IA Resident Agent
_______________________________________
Printed Name of Attorney-in-Fact & IA Resident Agent
FORM APPROVED BY:
_____________________________
_____________________________ Company Name
Attorney for Owner
_______________________________________
Company Address
_______________________________________
City, State, Zip Code
_______________________________________
Company Telephone Number
NOTE:
1.All signatures on this performance, payment, and maintenance bond must be original signatures in ink; copies,
facsimile, or electronic signatures will not be accepted.
2.This bond must be sealed with the Surety’s raised, embossing seal.
3.The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety’s
raised, embossing seal.
4.The name and signature of the Surety’s Attorney-in-Fact/Officer entered on this bond must be exactly as listed on the
Certificate or Power of Attorney accompanying this bond.