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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.