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HomeMy WebLinkAbout2018-10-15-J07C Golf Course Water Supply_Approve Contract, BondAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 15, 2018 AGENDA ITEM:Consideration of approval of a resolution approving contract, bond [Sugar Creek Municipal Golf Course Water Supply Project] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:$135,805.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution approving contract and bond with RW Excavating Solutions of Prairie City, IA, in the amount of $135,805.00. 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: J7C - 1 - RESOLUTION 18- RESOLUTION APPROVING CONSTRUCTION CONTRACT AND BOND FOR THE SUGAR CREEK MUNICIPAL GOLF COURSE WATER SUPPLY 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 Sugar Creek Municipal Golf Course Water Supply 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: RW Excavating Systems of Prairie City, IA Amount of bid: $135,805.00 Bond surety: Date of bond: Portion of project: All construction work PASSED AND APPROVED this 15th day of October, 2018. Mayor ATTEST: City Clerk City of Waukee - A13.114815 CONTRACT October 2018 PAGE 00500-1 V011510 © Bolton & Menk, Inc. 2018, All Rights Reserved CONTRACT Sugar Creek Municipal Golf Course Water Supply Project City of Waukee Waukee, IA THIS CONTRACT, made and entered into at City Hall this day of October 2018 , by and between the City of Waukee hereinafter called the "Jurisdiction", and RW Excavating Solutions, LLC, hereinafter called the "Contractor". WITNESSETH: The Contractor hereby agrees to complete the work comprising the Sugar Creek Municipal Golf Course Water Supply Project as specified in the contract documents, which are officially on file with the Jurisdiction, in the office of the City Clerk, City of Waukee, 230 W Hickman Road, Waukee, IA, Iowa. This contract includes all such contract documents. All work under this contract shall be constructed in accordance with the SUDAS Standard Specifications, 2018 edition, and as further modified by the supplemental specifications and special provisions included in said contract documents, and the Contract Attachment which is attached hereto. 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 Jurisdiction. 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: Bid Items and Quantities 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: PROJECT DESCRIPTION: The construction includes approximately 5,700 cubic yards of grading & pond dredging, 975 tons of class D rip-rap, golf cart path adjustments and other associated work. The Contractor agrees to perform said work for and in consideration of the Jurisdiction’s payment of the bid amount Of One Hundred Thirty-Five Thousand, Eight Hundred Five Dollars and Zero Cents ($135,805.00), which amount shall constitute the required amount of the performance, maintenance, and payment bond. The Contractor hereby agrees to commence work as stated in the written Notice to Proceed; and substantially complete the work on or before March 1, 2019 and to pay liquidated damages for noncompliance with said completion provisions at a rate of One Thousand Five hundred dollars ($1,500.00) for each calendar day that the work remains incomplete. City of Waukee - A13.114815 CONTRACT October 2018 PAGE 00500-2 V011510 © Bolton & Menk, Inc. 2018, All Rights Reserved IN WITNESS WHEREOF, the Parties hereto have executed this instrument, in triplicate on the date first shown written. JURISDICTION: City of Waukee CONTRACTOR: By RW Excavating Solutions, LLC William F Peard, Mayor (Seal) By ATTEST: Dan Wilson, Managing Member Becky Schuett, City Clerk 13293 S 88th Avenue W Street Address Prairie City, IA 50228 City, State, Zip Code 515-994-2648 Telephone City of Waukee - A13.114815 CONTRACT October 2018 PAGE 00500-3 V011510 © Bolton & Menk, Inc. 2018, All Rights Reserved CONTRACTOR PUBLIC REGISTRATION INFORMATION To Be Provided By: 1. All Contractors: The Contractor shall enter its Public Registration No. _______ 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. The contractor should contact 515-242-5871 for further information. Prior to contract execution, the Jurisdictional Engineer may forward a copy of this contract to the Iowa Department of Workforce Development as notification of pending construction work. 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 be a corporation organized under the laws of a state other than Iowa, shall file with the Jurisdictional 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 Code of Iowa, or as amended, governing foreign corporations. For further information contact the Iowa Secretary of State Office at 515-281-5204. Bond No. Name of Surety NOTE: All signatures on this contract must be original signatures in ink; copies or facsimile of any signature will not be accepted. 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, City of Waukee - A13.114815 CONTRACT October 2018 PAGE 00500-4 V011510 © Bolton & Menk, Inc. 2018, All Rights Reserved CONTRACT ATTACHMENT: ITEM 1: GENERAL - NONE CONTRACT ATTACHMENT: ITEM 2: 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 JURISDICTION. THE JURISDICTION RESERVES THE RIGHT TO ADJUST QUANTITIES AS NECESSARY TO MAXIMIZE FUNDS BUDGETED FOR THIS PROJECT. CONTRACTOR SHALL BE ISSUED PAYMENT IN ACCORDANCE WITH SUDAS SECTION 1090. City of Waukee - A13.114815 CONTRACT October 2018 PAGE 00500-5 V011510 © Bolton & Menk, Inc. 2018, All Rights Reserved BID ITEMS & QUANTITIES ITEM NO. DESCRIPTION UNIT QUANTITY UNIT AMOUNT PRICE 1 CLEARING AND GRUBBING, TREE REMOVAL EA 2 $2,000.00 $4,000.00 2 EXCAVATION, CLASS 10 CY 5,700 $5.25 $29,925.00 3 PATHWAY, GRANULAR, ASPHALT MILLINGS SY 75 $20.00 $1,500.00 4 SOD SQ 125 $85.00 $10,625.00 5 SWPPP PREPARATION LS 1 $3,500.00 $3,500.00 6 SWPPP MANAGEMENT LS 1 $750.00 $750.00 7 RIP RAP, CLASS D TON 975 $60.00 $58,500.00 8 SILT FENCE, INSTALL, MAINTAIN, AND REMOVE LF 1135 $3.00 $3,405.00 9 EROSION CONTROL MULCHING, HYDROMULCHING AC 0.8 $4,500.00 $3,600.00 10 MOBILIZATION LS 1 $20,000.00 $20,000.00 TOTAL BASE BID AMOUNT $135,805.00 City of Waukee - A13.114815 CONTRACT October 2018 PAGE 00500-6 V011510 © Bolton & Menk, Inc. 2018, All Rights Reserved SURETY BOND NO. PERFORMANCE, PAYMENT AND MAINTENANCE BOND Sugar Creek Municipal Golf Course Water Supply Project City of Waukee Waukee, IA KNOW ALL BY THESE PRESENTS: That we, __________________________________________________________________, as Principal (hereinafter the “Contractor” or “Principal” and ____________________________________________, as Surety are held and firmly bound unto __________________________________________________ , as Obligee (hereinafter referred to as “the Jurisdiction”), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of ____________________________________________________________________________________ DOLLARS ($____________________), lawful money of the United States, for the payment of which sum, well and 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 Jurisdiction, bearing date the _______ day of ___________________, _________, hereinafter the “Contract”) wherein said Contractor undertakes and agrees to construct the following described improvements: PROJECT DESCRIPTION: The construction includes approximately 5,700 cubic yards of grading & pond dredging, 975 tons of class D rip-rap, golf cart path adjustments and other associated work. 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 for the stated maintenance period. 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: 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 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. 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 though fully set out herein. City of Waukee - A13.114815 CONTRACT October 2018 PAGE 00500-7 V011510 © Bolton & Menk, Inc. 2018, All Rights Reserved MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: To remedy any and all defects that may develop in or result from work to be performed under the Contract within the 4 year period 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; To keep all work in continuous good repair; and To pay the Jurisdiction’s reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Jurisdiction 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 Jurisdiction at the time such work was accepted. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: To consent without notice to any extension of time to the Contractor in which to perform the Contract; 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 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 the bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: 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. 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, attorneys 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. 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. In the event that any actions or proceedings are initiated with respect to this Bond, the parties agree that the venue thereof shall be Dallas 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 City of Waukee - A13.114815 CONTRACT October 2018 PAGE 00500-8 V011510 © Bolton & Menk, Inc. 2018, All Rights Reserved 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. 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. City of Waukee - A13.114815 CONTRACT October 2018 PAGE 00500-9 V011510 © Bolton & Menk, Inc. 2018, All Rights Reserved Project No. _______________ (CON’T – PERFORMANCE, PAYMENT AND MAINTENANCE BOND) Witness our hands, in triplicate, this _______ day of ___________________, __________. Surety Countersigned By: PRINCIPAL: Signature of Iowa Resident Commission Agent as Prescribed by Chapter 515.52-57, Iowa Code. (Require only if Attorney-in-Fact is not also an Iowa Resident Commission Agent). By: Contractor Signature Name of Resident Commission Agent Title Company Name SURETY: Company Address Surety Company City, State, Zip Code By: Signature Attorney-in-Fact Officer Company Telephone Number 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 Surety’s raised, embossing seal or official adhesive 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 or official adhesive seal