HomeMy WebLinkAbout2018-04-02-I14C NE Alices Rd Joint Utility Trench_Approve Contract, BondAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: April 2, 2018
AGENDA ITEM:Consideration of approval of a resolution approving contract, bond [NE
Alice’s Road Joint Utility Trench Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:$171,911.95
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution approving contract and bond with Van
Maanen Electric, Inc., of Newton, IA, in the amount of $171,911.95.
ATTACHMENTS: I. Proposed Resolution
II. Contract, Bond (signed contracts are expected to be delivered on
Monday prior to the council meeting)
PREPARED BY: Becky Schuett
REVIEWED BY:
I14C
RESOLUTION 18-
RESOLUTION APPROVING CONSTRUCTION CONTRACT
AND BOND FOR THE NE ALICE'S ROAD JOINT UTILITY
TRENCH
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 NE Alice's Road Joint
Utility Trench, 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: Van Maanen Electric, Inc., of Newton, IA
Amount of bid: $171,911.95
Bond surety:
Date of bond:
Portion of project: All construction work
PASSED AND APPROVED this 2nd day of April, 2018.
Mayor
ATTEST:
City Clerk
CONTRACT Project No. 16W047.01
CONTRACT NO.
DATE
THIS CONTRACT, made and entered into at this 2nd day of April, 2018,
by and between the City of Waukee, Iowa by its Mayor, upon order of its City Council hereinafter
called the "Owner," and Van Maanen Electric Inc., 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 City Clerk. 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 A.1 through N.4.
L. Standard Drawings
M. Addenda Number ____ through ____.
N. Change Orders Number ____ through____.
O. Notice to Proceed
The work under this contract shall be constructed in accordance with the 2017 Waukee Standard
Specifications for Public Improvements and SUDAS Standard Specifications, 2017 Edition, 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:
CONTRACT Project No. 16W047.01
CONTRACT-2
NE Alice's Road Joint Utility Trench
Hickman Road to 400-ft north of NE Horizon Drive
WAUKEE, IOWA
PROJECT NO. 16W047.01
Construct the NE Alice's Road Joint Utility Trench including all materials, labor and
equipment necessary for installation of approximately: 1,700 LF of joint utility trench,
20,400 LF of conduit, 28 EA handholes and miscellaneous related work and
appurtenances.
The Contractor agrees to perform said work for and in consideration of the City’s payment of the bid
amount of One Hundred Seventy-One Thousand, Nine Hundred Eleven and 95/100 DOLLARS
($171,911.95) 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
May 25, 2018; and to pay damages for noncompliance with said completion provisions at the rate of
Seven Hundred Fifty Dollars ($750.00) 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 Van Maanen Electric Inc.
William Peard, Mayor Contractor
(Seal) By
ATTEST: Signature
Rebecca D. Schuett, City Clerk Title
Street Address
City, State, Zip Code
Telephone
CONTRACT Project No. 16W047.01
CONTRACT-3
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
CONTRACT Project No. 16W047.01
CONTRACT-4
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 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 _____________, 20____, before me, the undersigned, a Notary Public in and
for the State of ______________, personally appeared _____________________ and
_____________________, to me 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
CONTRACT Project No. 16W047.01
CONTRACT-5
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT:
State of )
) SS
County)
On this _____ day of ____________, 20____, before me a Notary Public in and for said county,
personally appeared __________________, to me personally known, who being by me duly sworn
did say that 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 said instrument was signed and sealed on behalf of the said ____________________, by
authority of its managers and the said ___________________ acknowledged the execution of said
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
CONTRACT
ITEM DESCRIPTION UNIT ESTIMATED
QUANTITY
UNIT
PRICE
EXTENDED
PRICE
1 JOINT UTILITY TRENCH LF 1700 50.89$ 86,513.00$
2 CONDUIT, HDPE, SDR 13.5, 2 INCH - JOINT UTILITY
TRENCH LF 17000 2.48$ 42,160.00$
3 CONDUIT, 4 INCH - JOINT UTILITY TRENCH LF 3400 4.25$ 14,450.00$
4 HANDHOLE, TYPE I, FURNISH AND INSTALL EA 24 746.25$ 17,910.00$
5 HANDHOLE, TYPE IV, FURNISH AND INSTALL EA 4 909.25$ 3,637.00$
6 HANDHOLE AND JUCTION BOX, INSTALL ONLY EA 13 225.00$ 2,925.00$
7 TRACER WIRE LF 1705 1.15$ 1,960.75$
8 PULL ROPE LF 21420 0.11$ 2,356.20$
TOTAL BASE BID 171,911.95$
CONTRACT ATTACHMENT: ITEM 1 - BID ITEMS AND QUANTITIES
This contract is awarded and executed for completion of the work specified in the contract documents for the bid prices tabulated below as proposed by the
Contractor in its proposal submitted in accordance with notice to bidders and notice of public hearing. All quantities are subject to revision by the City.
Quantity changes that amount to 20% or less of the amount bid shall not affect the unit bid price.
CONTRACT-6
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
PPM BONDS - 1
SURETY BOND NO.
KNOW ALL BY THESE PRESENTS:
That we, Van Maanen Electric Inc., 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
Seventy-One Thousand, Nine Hundred Eleven and 95/100 dollars ($171,911.95), 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 2nd day of April, 2018, hereinafter the “Contract”) wherein said
Contractor undertakes and agrees to construct the following described improvements:
NE Alice's Road Joint Utility Trench
Hickman Road to 400-ft north of NE Horizon Drive
WAUKEE, IOWA
PROJECT NO. 16W047.01
Construct the NE Alice's Road Joint Utility Trench including all materials, labor and
equipment necessary for installation of approximately: 1,700 LF of joint utility trench,
20,400 LF of conduit, 28 EA handholes and miscellaneous related work and
appurtenances.
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.
Provided, however, that one year after the date of acceptance as complete of the work under the
above referenced Contract, the maintenance portion of this Bond shall continue in force but the penal
sum for maintenance shall be reduced to the sum of One Hundred Seventy-One Thousand, Nine
Hundred Eleven and 95/100 DOLLARS ($171,911.95), which is the cost associated with those items
shown on the proposal and in the Contract that require a maintenance bond period in excess of one
year.
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.
PERFORMANCE, PAYMENT, AND MAINTENANCE BOND
PPM BONDS - 2
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 the 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
PPM BONDS - 3
4. 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
PPM BONDS - 4
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
PPM BONDS - 5
Project No. _______________
Witness our hands, in triplicate, this _______ day of ___________________, 20 .
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 Officer
___________________________________ _
Printed Name of Attorney-in-Fact Officer
____________________________________________
Company Name
_________________________________
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.
00878269-1\10765-263