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HomeMy WebLinkAboutDeBoef Grinding-5/29/2012FORM OF CONTRACT CONTRACT FOR CITY OF WATERLOO YARD WASTE. CRINDINC CITY OF WATERLOO, IOWA This contract is made and entered into this a2 "6 day of 20 /Z, by and between the City of Waterloo, Iowa, a Municipal Corporation, (Hereinafter referred to as City), and De & 0 e4 A V of /Jew &ton , Iowa (hereinafter referred to as Contractor), WITNESSETH: PAR.1 The Contractor is to provide the equipment and labor to grind the existing brush pile at the City's yardwaste site. PAR. 2 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to perform said services in a thorough, substantial, and a workmanlike manner, and with the requirements of this contract, and of the provisions made a part hereof by reference, and to the satisfaction and approval of the City and its Superintendent of Waste Management Services. PAR. 3 PAR. 4 Should the Contractor fail to perform said services in accordance with the terms and conditions of this contract or provisions therefore as herein specified, the City may pay such additional sums to another party to perform the work Contractor failed to perform and deduct any and all such sums from any amount due Contractor. Contractor agrees to comply with and obey all ordinances of City, and agrees to assume all liability for any and all claims and/or causes of action at law or equity or otherwise which may arise from this Agreement. Contractor further agrees to release City, including its employees and agents, from any and all claims and/or causes of action, which arise from this Agreement. Contractor has been informed of the ramifications involved with this Agreement, and knowing and acknowledging them, Contractor voluntarily agrees to assume and accept these ramifications. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless City, its consultants, agents and /or employees from and against all claims, damages, losses and expenses. PAR. 5 PAR. 6 PAR. 7 PAR. 8 The Contractor agrees to pay punctually all just claims of labor, material, persons, or subcontractors who shall perlbrm labor or furnish materials or services entering into these services. It is agreed that the City need not pay the contractor until the Contractor pays all such claims. Contractor shall, prior to payment by City, provide City with a release of lien of any subcontractors, which shall release City from any liens on account of Contractor's failure to pay for labor, material, or persons under this Agreement. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof without reasonable cause, or should it fail to proceed with said work within 24 hours after a notice to continue or carry it on has been served to it at the address given herein by the City, then the city may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the contractor and the sureties on its bond shall be liable to the City for all costs and expenses arising out of contractor's failure as stated herein. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, or may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, the City agrees to pay to the Contractor, in the manner set out in the Scope of Services, the amount of money due the Contractor for work performed, at the prices set out in the Scope of Services. This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. This Agreement may not be altered, modified, or changed in any manner without prior written approval of the parties. CITY O WATERLOO, IOWA ayor CONTRACTOR BY: et hi. Boe., Title: Oto Approved by the City Council of the City of Waterloo, Iowa this / day of ATTEST ,20f , City Clerk, Waterloo, Iowa. ®' A`CoRE) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DISYYYY) 05/25/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Big M Agency PO Box 790 Grinnell, IA 50112 CONTACT NAME: Leann Clemann PHONE FAX No. ext0800) 362-2041 i1wc. Not: (800) 892-2303 ENC. ADDRESS; Iclemann@gmrc.com PRODUCER CUSTOMER ID li• A INSURER(S) AFFORDING COVERAGE INSURER A:SCQttSdale nsurance Company LIABILITY COMMERCIAL GENERAL NAIC 0 INSURED Lavern DeBoef dba DeBoef Grinding PO Box 32 New Sharon, IA 50207 41297 INSURER B : CPS1490134 INSURER C : 12/16/2012 INSURER D : $ 1,000,000. INSURER E: $ 100,000. INSURER F : CLAIMS -MADE COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DYYYY) POLICY EXPD/ (MMIDDIYYYYI LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X OCCUR CPS1490134 12/16/2011 12/16/2012 EACH OCCURRENCE $ 1,000,000. DAMAGESRENTED PREMISS (Eaoccurrence) $ 100,000. CLAIMS -MADE MED EXP (Anyone person) $ 5,000. PERSONAL& ADV INJURY $ 1,000,000. GENERAL AGGREGATE $ 2,000,000. GEN'L AGGREGATE LIMIT APPLIES PER: PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000. $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Pe raccident) $ PROPERTY DAMAGE (Poraccident) $ $ $ UMBRELLA LIAR EXCESS UAB _ OCCUR CLAIMS -MADE ti MA 1yy� Fle7b'9/ EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ j WC Masi IOTH- I IMNTS 1 ER $ ,� WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N_CORY ANY PROPRIETOR/PARTNERlEXECUTIVE EXCLUDED9 I I (MandatoryFIn NH) dyes, describe under DESCRIPTION OF OPERATIONS below NIA 411(4/.. 2 s�J® lel G .-34s J !" JhJ 7- b 8 i. E.L. EACH ACCIDENT $ I t'c 0() O E.L. DISEASE - EA EMPLOYEE $ 5�1 boo x! E.L. DISEASE POLICY LIMIT ) $ li (o 01 00C) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space le required) CERTIFICATE HOLDER CANCELLATION City of Waterloo 3505 Easton Avenue Waterloo, IA 50702 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REP IVE .77/7 'lle/trf—e45;46/ NORTHERN STATES ENCY, INC. (INSURERRALAGENT) @ 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) REQUEST FOR PROPOSALS TO GRIND EXISTING BRUSH PILE A'I' CITY'S YARDWASTE SITE The City of Waterloo, Iowa is seeking proposals to provide equipment, and labor for grinding existing yardwaste pile at the City's yardwaste site. Scope of Services: I. Introduction A. This contract is to provide for the equipment and labor to grind existing brush at Waste Management Services yardwaste site. II. Miscellaneous Provisions. toA. The agent for the Contractor shall be: La-Vernee_4. Corresponden e to the Contractor shall be mailed or delivered to: Po bo 3 A /u 5 )co4h. 1 A 3-0407 7 B. Contractor agrees to comply with and obey all ordinances of City, and agrees to assume all liability for any and all claims and/or causes of action at law or equity or otherwise which may arise from this Agreement. Contractor further agrees to release City, including its employees and agents, from any and all claims and/or causes of action, which may arise from this Agreement. Contractor has been informed of the ramifications involved with this Agreement, and knowing and acknowledging them, Contractor voluntarily agrees to assume and accept these ramifications. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless City, its consultants, agents, and/or employees from and against all claims, damages, losses and expenses, including but not limited to, attorney's fees whether incurred prior to or during litigation, administrative hearings, arbitration, or bankruptcy proceedings, including trial and appellate levels, which may in any way arise out of or result from this Agreement, provided that any such claim, damage, loss, or expense is caused in whole or in part by any negligent act or omission or other fault of Contractor or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not it was caused in part by a party indemnified hereunder. C. The City's agent shall he the Superintendent of Waste Management Services or designee. All notices and correspondence by the contractor shall be directed to him through his office at: 350.5 Easton Ave. Waterloo, Iowa, 50702 D. Insurance 1. Contractor shall at all times during this contract maintain in full force and effect Employer's Liability, Worker's Compensation, Public Liability, and Property Damage Insurance, including contractual liability coverage for the indemnity and hold harmless provisions of the contract. All insurance shall be by insurers acceptable to the City and for policy limits acceptable to the City. The City of Waterloo shall be specifically named as an additional insured on all insurance. Before commencement of work hereunder, Contractor agrees to furnish the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change, 30 days prior written notice will be given the certificate holder." For purpose of this contract, Contractor shall carry the following types of insurance in at least the limits specified below: COVERAGES Worker's Compensation Employer's Liability Bodily Injury Liability Except Automobile Property Damage Liability Except Automobile LIMITS OF LIABILITY Statutory $500,000 $1,000,000 each occurrence $1,000,000 each occurrence Automobile Bodily Injury Liability $1,000,000 each occurrence Additional Excess Liability $1,000,000 Automobile Property Damage Liability $1,000,000 each occurrence No deductible provisions shall prevail in any of the Insurance policies. E. Payment Payment by the City shall be make within thirty (30) days of receiving statement from Contractor of services completed. F. Contract Monitor The City will monitor the Contractor's operation on a regular basis by having an observer on site. The role of this monitor will be to assure that operations are conducted in accordance with the terms of this agreement. The observer should not be expected to perform any duties for or on behalf of the Contractor other than to act as a resource for information relating to the City's solid waste operations. G. Term The term of this contract shall be no longer (30) days. The City and the Contractor may mutually extend this contract for an additional to weeks (14) days. H. Attachments The following attachments shall be a part of this contract: 1) Certificate of Insurance I_ Award of Contract Final selection of a contractor will be made of the responsive and responsible firm or firms whose Proposal, conforming to these documents, is most advantageous to the City of Waterloo; price and other factors considered. The intention is to award the contract within a reasonable time, not exceeding thirty (30) days. The City Council may, when in it's interest, reject any or waive any informality in Proposals received. The City Council may reject any or all Proposals if deemed in the best interests of the City. J LOZO VI'uoregg N ZE xog 'O 'd 2urgatnui gsnaq puz arue3ao 'poottv JNIGNI 9 d3clig tuna utpuUOJaogaQ iL 96$`If9 °ICI--669-IT9 woDIIIu uump A'7 43093©,3Na3AV-I 1-4(apr9 aUh_._. � �(r) 141dC' ur(J'1 ,A I cir Coos 9 U i S n 2°g (/-7/0, ro-F1 75.4. nrYh -710 ysN'1,q s�-r IV a o��" j_doe .Q7 30)0nb� ,j\d U m� 9,r627--)v,t7Uo) 0,01.A)ro