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HomeMy WebLinkAbout2018-07-23-F03 Library Envelope Project - Approve Contract, Bond Cover AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 23, 2018 AGENDA ITEM: Consideration of approval of a resolution approving contract, bond [Waukee Public Library Envelope Improvement Project] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $80,680.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution approving contract and bond with Edge Companies of Grimes, IA, in the amount of $80,680.00. ATTACHMENTS: I. Proposed Resolution II. Contract, Bond (signed originals to be provided prior to City Council Meeting) PREPARED BY: Brad Deets REVIEWED BY: F3 RESOLUTION 18- RESOLUTION APPROVING CONSTRUCTION CONTRACT AND BOND FOR THE WAUKEE PUBLIC LIBRARY ENVELOPE IMPROVEMENT 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 Envelope Improvement Project, and as described in detail in the 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: Edge Companies of Grimes, IA Amount of bid: $80,680.00 Bond surety: NAS Surety Group Date of bond: July 23, 2018 Portion of project: All construction work PASSED AND APPROVED this 23rd day of July, 2018. Mayor ATTEST: City Clerk CONTRACT THIS CONTRACT, made and entered into this, the day of , 2018, by and between the City of Waukee, Iowa, party of the first part, hereinafter referred to as the “Owner”, and EDGE COMPANIES , party of the second part, hereinafter referred to as the “Contractor”. WITNESSETH: THAT WHEREAS, the Owner has heretofore caused to be prepared certain specifications and proposal blanks, dated the 26th day of June, 2018, for the Waukee Public Library Envelope Improvements project under the terms and conditions therein fully stated and set forth, and, WHEREAS, said specifications and proposal blanks accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE IT IS AGREED: 1. That the Owner hereby accepts the proposal of the Contractor for the work as follows: Waukee Public Library Envelope Improvements Construct Waukee Public Library Envelope Improvements including all labor, materials and equipment necessary to remove the existing exterior soffit, install new Tru Vent vented metal soffit, install new sheet metal and flashing, install spray foam insulation and associated work including cleanup, for the sum of $80,680.00 based on the unit and lump sum prices as shown on the Quotation. 2. That this contract consists of the following component parts which are made a part of this agreement and contract as fully and absolutely as if they were set out in detail in this contract: 2.1 Contract Documents, including: 2.1.1.1 Solicitation for Quotation 2.1.1.2 Quotation 2.1.1.3 Bond 2.1.1.4 General Conditions 2.1.1.5 Special Conditions 2.1.1.6 Detailed Specifications 2.2 This Instrument. 2.3 The above components are complementary and whit is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this contract. 4. That this contract is executed in triplicate. IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and seals the date first written above. CONTRACTOR CITY OF WAUKEE, IOWA EDGE COMPANIES _______________________________ By_______________________________ Mayor Title_____________________________ PPMB-1 SURETY BOND NO. PERFORMANCE AND PAYMENT BOND KNOW ALL BY THESE PRESENTS: That we, , as Principal (hereinafter the “Contractor” or “Principal”) and , as Surety are held and firmly bound unto the _____________, as Obligee (hereinafter referred to as “the Jurisdiction”), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of DOLLARS ($ ), lawful money of the United States, for the payment of which sum, well and t ruly 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 Jurisdiction, bearing date the day of , 2018 , (hereinafter the “Contract”) wherein said Contractor undertakes and agrees to construct the following described improvements: ____________ 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 Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractor’s default or 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 is 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 are 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 which the Jurisdiction 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, Code of Iowa, which by this reference is made a part hereof as tho ugh fully set out herein. Project Name: _________________________ PPMB-2 3. 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 i n 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 twenty percent 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 liquidated damage penalty is being charged against the Contractor. The Contractor and every Surety on this 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 which 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 jurisdiction 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, attorney’s fees (including overhead expenses of the Jurisdiction’s staff attorneys), and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction 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 Jurisdiction 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. F. In the event the jurisdiction incurs any “outlay and expense” in defending itself with respect to 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 Jurisdiction 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. Project Name: _________________________ PPMB-3 G. In the event that any actions or proceedings are initiated with respect to this Bond, the parties agree that the venue thereof shall be Polk County, State of Iowa. If legal action is required by the jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree, jointly and severally, to pay the Jurisdiction all outlay and expense incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to the Jurisdiction, by law. The Jurisdiction 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 or actions or not. H. Further, it is agreed by the Contractor, the Surety and Jurisdiction that any and all defects that develop in the work to be performed under the Contract within the period of four (4) years from the date of acceptance of work under the Contract shall be conclusively presumed to be a result of defects in workmanship or materials used in construction of said work and this presumption can onl y be overcome by the Contractor and/or the Surety establishing that a defect is the result of some other cause, by clear, convincing and satisfactory evidence. Evidence is clear, convincing and satisfactory if there is no serious or substantial uncertainty about the conclusion to be drawn from it. I. Notwithstanding any language contained herein to the contrary, within 5 days of receipt of Notice of Default and Demand for Payment from Jurisdiction, the Surety shall make full payment to the Obligee, Jurisdiction, in the amount demanded (up to the full amount of the bond), without question, without reservation or regard to the Principle’s position regard to the merits of the Obligee’s Notice of Default and Demand for Payment, and without regard to the Principal’s claim, if any, against the Obligee. Any failure to tender immediate payment shall constitute a willful violation of this bond by the Surety. In the event that the payment is not made within 15 days of receipt of Notice of Default and Demand for Payment, the Surety and the Principal shall be jointly and severally responsible to Jurisdiction or the amount demanded in the Notice of Default and Demand for Payment (up to the full amount of the bond) and all the Obligee’s 'outlay and expense' and costs, including but not limited to attorney fees, resulting from or associated with any collection activities and any litigation related to the bond, the [contract or project] or against the Principle or the Surety. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all of 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 word, 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 h as no generally accepted Project Name: _________________________ PPMB-4 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. Witness our hands, in triplicate, this day of , 2011 . Surety Countersigned By: _______________________________________ Signature of Iowa Resident Commission Agent Agent as Prescribed by Chapter 515.52-57, Iowa Code. (Require only if Attorney-in-Fact is not also an Iowa Resident Commission Agent.) _______________________________________ Name of Resident Commission Agent PRINCIPAL: , Contractor By: ___________________________________ Signature ___________________________________ Title _______________________________________ Company Name _______________________________________ Company Address _______________________________________ City, State, Zip Code _______________________________________ Company Telephone Number FORM APPROVED BY: _______________________________________ Attorney for Jurisdiction SURETY: _______________________________________ Surety Company By: ___________________________________ Signature Attorney-in-Fact/Officer _____________________________________ Name of Attorney-in-Fact/Officer _____________________________________ Company Name _____________________________________ Company Address _____________________________________ City, State, Zip Code _____________________________________ Company Telephone Number Note: All signatures on this performance, maintenance & payment bond must be original signatures in ink; copies or facsimile of any signature will not be accepted. This bond must be sealed with the Project Name: _________________________ PPMB-5 Surety’s raised, embossing seal. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety’s raised, embossing seal.