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Home My WebLink AboutMurphy Tracter & Equipment Company, Inc.-7/28/2014THIS AGREEMENT, made as of BY AND BETWEEN Form of CONTRACT AGREEMENT City of Waterloo AAP Project No. 349-0094-043 �L e , 2014, is the OWNER: City of Waterloo, Iowa, 715 Mulberry Street, Waterloo, Iowa 50703 And the CONTRACTOR: Murphy Tractor & Equipment Company, Inc. 3469 West Airline Highway Waterloo, Iowa 50703 WITNESSETH: WHEREAS it is the intent of the Owner to purchase equipment for the Waterloo Regional Airport, IWat rdoo, Iowa, generally described as follows; Snow Removal Equipment (Front End Loader) hereinafter referred to as the Project. NOW THEREFORE in consideration of the mutual covenants hereinafter set forth, OWNER and CONTRACTOR agree as follows: Article 1 - Work It is hereby mutually agreed that for and in consideration of the payments as provided for herein to the CONTRACTOR by the OWNER, CONTRACTOR shall faithfully furnish all necessary labor, equipment, and material and shall fully perform all necessary work to complete the Project in strict accordance with this Contract Agreement and the Contract Documents. Article 2 — Contract Documents CONTRACTOR agrees that the Contract Documents consist of the following: this Agreement, General Terms and Conditions, Supplementary Provisions, Technical Specifications and Drawings, all issued addenda, Notice -to -Bidders, Instructions -to -Bidders, Proposal and associated attachments, Required Bonds, Insurance certificates, documents incorporated by reference, documents incorporated by attachment, and all OWNER authorized change orders issued subsequent to the date of this agreement. All documents comprising the Contract Documents are complementary to one another and together establish the complete terms, conditions and obligations of the CONTRACTOR. All said Contract Documents are incorporated by reference into the Contract Agreement as if fully rewritten herein or attached thereto. AECOM Project #60323419 CA -1 Snow Removal Equipment (Front End Loader) Waterloo Regional Airport Article 3 — Contract Price In consideration of the faithful performance and completion of the Work by the CONTRACTOR in accordance with the Contract Documents, OWNER shall pay the CONTRACTOR an amount equal to: Two Hundred Forty -Three Thousand Four Hundred Ninetv-Four Dollars and No/100 ($243,494.00) (Amount in Written Words) (Amount in Numerals) subject to the following; a. Said amount is based on the schedule of prices and estimated quantities stated in CONTRACTOR'S Bid Proposal, which is attached to and made a part of this Agreement; b. Said amount is the aggregate sum of the result of the CONTRACTOR'S stated unit prices multiplied by the associated estimated quantities; Article 4 — Payment Upon the completion of the work and its acceptance by the OWNER, all sums due the CONTRACTOR by reason of faithful performance of the work, taking into consideration additions to or deductions from the Contract price by reason of alterations or modifications of the original Contract, will be paid to the CONTRACTOR by the OWNER after said completion and acceptance. The acceptance of final payment by the CONTRACTOR shall be considered as a release in full of all claims against the OWNER, arising out of, or by reason of, the work completed and materials furnished under this Contract. OWNER shall make progress payments to the CONTRACTOR in accordance with the terms set forth in the General Terms and Conditions. Article 5 — Contract Time The CONTRACTOR agrees to commence work within ten (10) calendar days of the date specified in the OWNER'S Notice -to -Proceed. CONTRACTOR further agrees to complete said work within 180 calendar days of the commencement date stated within the Notice -to -Proceed. It is expressly understood and agreed that the stated Contract Time is reasonable for the completion of the Work, taking all factors into consideration. Furthermore, extensions of the Contract Time may only be permitted by execution of a formal modification to this Contract Agreement in accordance with the General Terms and Conditions and as approved by the OWNER. Article 6 — Liquidated Damages The CONTRACTOR and OWNER understand and agree that time is of essence for completion of the Work and that the OWNER will suffer additional expense and financial loss if said Work is not completed within the authorized Contract Time. Furthermore, the CONTRACTOR and OWNER recognize and understand the difficulty, delay, and expense in establishing the exact amount of actual financial loss and additional expense. Accordingly, in place of requiring such proof, the CONTRACTOR expressly agrees to pay the OWNER as liquidated damages the non -penal sum of $100.00 per day for each calendar day required in excess of the authorized Contract Time. Furthermore, the CONTRACTOR understands and agrees that: a. the OWNER has the right to deduct from any moneys due the CONTRACTOR, the amount of said liquidated damages; AECOM Project #60323419 CA -2 Snow Removal Equipment (Front End Loader) Waterloo Regional Airport b. the OWNER has the right to recover the amount of said liquidated damages from the CONTRACTOR, SURETY or both. Article 7 — CONTRACTOR'S Representations The CONTRACTOR understands and agrees that all representations made by the CONTRACTOR within the Proposal shall apply under this Agreement as if fully rewritten herein. Article 8 — CONTRACTOR'S Certifications The CONTRACTOR understands and agrees that all certifications made by the CONTRACTOR within the Proposal shall apply under this Agreement as if fully rewritten herein. Article 9 — Miscellaneous a. CONTRACTOR understands that it shall be solely responsible for the means, methods, techniques, sequences and procedures of manufacturer in connection with completion of the Project Work; b. CONTRACTOR understands and agrees that it shall not accomplish any work or furnish any materials that are not covered or authorized by the Contract Documents unless authorized in writing by the OWNER or ENGINEER; c. The rights of each party under this Agreement shall not be assigned or transferred to any other person, entity, firm or corporation without prior written consent of both parties; d. OWNER and CONTRACTOR each bind itself, their partners, successors, assigns and legal representatives to the other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Article 10 — OWNER'S Representative The OWNER'S Representative, herein referred to as ENGINEER, is defined as follows: David B. Hughes, PE AECOM 501 Sycamore Street, Suite 222 P.O. Box 1497 Waterloo, Iowa 50704-1497 Said ENGINEER will act as the OWNER'S representative and shall assume all rights and authority assigned to the ENGINEER as stated within the Contract Documents in connection with the completion of the Project Work. AECOM Project #60323419 CA -3 Snow Removal Equipment (Front End Loader) Waterloo Regional Airport IN WITNESS WHEREOF, OWNER and CONTRACTOR have executed five (5) copies of this Agreement on the day and year first noted herein. OWNER CONTRACTOR Name: CITY OF WATERLOO, IOWA Address: 715 MULBERRY STREET By: ATERLOO, IOWA 50703 gnature AC rt/e of Re sentative Name: MURPHY TRACTOR & EQUIPMENT COMPANY, INC. Address: 3469 WEST AIRLINE HIGHWAY By: WATERLOO, IOWA 50703 Signature AZ9--,-VC/‘ tri2e71,-ee Title of Representative ATTE By. Signature Ti 17�_� AECOM Project #60323419 CA -4 Snow Removal Equipment (Front End Loader) Waterloo Regional Airport A=COM September 22, 2014 Murphy Tractor & Equipment Company, Inc. 3469 West Airline Highway Waterloo, Iowa 50703 Subject: Snow Removal Equipment Front End Loader Waterloo Regional Airport FAA AIP Project No. 3-19-0094-043 AECOM #60323419 Gentlemen: AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com On behalf of the City of Waterloo, this letter hereby serves as your Notice to Proceed for the above -referenced project. The work on this contract is to be completed within 180 calendar days of this Notice to Proceed. In the event that said project is not completed within the specified number of calendar days, the contract provides for an assessment of $100.00 per day ($100.00/day) as liquidated damages for each working day in excess of the authorized Contract time of 180 calendar days. Please proceed with this contract and complete it at your earliest convenience. Should you have any questions or need any additional information, please let us know. Yours sincerely, David B. Hughes, PE c: Waterloo Regional Airport City of Waterloo Mr. Don Harper, FAA P:\60323419\00000000\600 -Construction Support\620 Correspondence\621.2 - Agrmnts-Contracts-NTP-Cert of Ins\9-22-14 NTP Front -End Loader - Murphy Tractor & Equip.docx Letter of Transmittal TO: Murphy Tractor & Equipment Company, Inc. 3469 West Airline Highway Waterloo, Iowa 50703 WE ARE SENDING YOU: ❑x Attached ❑ Shop Drawings ❑ Copy of Letter ❑ Prints El Change Order AXOM DATE: September 19, 2014 JOB ID NO. 60323419 ATTENTION: RE: Snow Removal Equipment Front End Loader Waterloo Regional Airport FAA AIP Project No. 3-19-0094-043 El Under Separate Cover Via E l Plans ❑ Samples the Following Items: ❑ Specifications Copies Date No. Description 1 Fully -Executed Contract for Above -Referenced Project THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ For Approval O For Your Use E l As Requested ❑ For Review and Comment ❑ For Bids Due REMARKS: 20 El Approved as Submitted ❑ Approved as Noted ❑ Returned for Corrections ❑ Resubmit _ Copies for Approval ❑ Submit _ Copies for Distribution ❑ Return Corrected Prints O Prints Returned After Loan to Us COPY TO: Waterloo Regional Airport (w/enclosure) SIGNED: DWS:blc City of Waterloo (transmittal only) David Hughes (w/enclosure) Douglas + . Schindel, P.E. If enclosures are not as noted, kindly notify us at once. 501 Sycamore Street, Suite 222 P.O. Box 1497 • Waterloo, Iowa 50704-1497 • (319) 232-6531 Fax: (319) 232-0271