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HomeMy WebLinkAboutKWS, Inc-5/14/2012VII- FORM OF CONTRACT TRAFFIC COMMUNICATIONS INFRASTRUCTURE UPGRADE 1-1 FORM OF CONTRACT CITY OF WATERLOO, IOWA This contract made and entered into this day of -,A�� 2012, by and between the City of Waterloo, Iowa, a Municipal Corporationjhereinafter refefred to as City), and 1< LA.15 , of 6,k r^ -ht /13 , (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to fully and completely design and build TRAFFIC COMMUNICATIONS INFRASTRUCTURE UPGRADE 1-1, and furnish all necessary tools, equipment, materials, and labor necessary to do all the work to deliver a fully functional system as per contract sketches and specifications and performing everything necessary in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 PAR. 3 PAR. 4 PAR. 5 PAR. 6 It is understood and agreed that the resolution adopted by the City Council ordering approving the contract, the Notice to Bidders as published, the Form of Proposal, the Bonds, the Council Proceedings relating to this matter, and the Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the specifications, and Contractor's own proposal made a part hereof by reference, and to the satisfaction and approval of the City and its Traffic Operations Department and IT Department. The Contractor agrees to perform said work and install said improvements on the terms set out in bid and proposal to the City which has been accepted by the City and which is by reference made a part of this contract. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before sixty working days from the date of Notice to Proceed and any extension of time that is granted by the City. Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional FORM OF CONTRACT PAGE VII -1 PAR. 7 PAR. 8 PAR. 9 PAR. 10 PAR. 11 PAR. 12 sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address FORM OF CONTRACT PAGE VH -2 PAR. 13 PAR. 14 PAR. 15 given herein by the City, or after such notice has been served on it, 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 the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and 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, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. The total amount of the contract, based on the Contractor bid price and for which 100% bond to assure faithful performance of the contract is required, is After the completion of said work, the Contractor agrees to remove and clean up all debris produced by the project aon public streets and buildings streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 16 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. PAR. 17 Should the system fail within the warranty period the Contractor shall correct the failure and deliver a working system. In the event of the failure or default of the Contractor to remedy any or all system failures due to defects in said work within the warranty period and starting from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to shall be the Contractor responsibility. CITY OF WATERLOO IOWA Mayor FORM OF CONTRACT PAGE VII -3 K ►.i 3, i c Contractor BY: Title: V ti Approved by the City Council of the City of Waterloo, Iowa, this day of j , 2012 ATTEST: , City Clerk Waterloo, Iowa , City Clerk FORM OF CONTRACT PAGE VII -4