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.