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Home My WebLink AboutMEC Construction Services Co-7/18/2011V" MECCONSTRUCTION SERVICES CO. Is pleased to offer Installation Services to City of Waterloo 408 E. 6th Street Waterloo, Iowa MEC Construction SCOPE OF WORK uri .. • " AI • i v•• • i" . I • • • u•. ii ;• r .. u • u -• agree to theo owing m accordance withthe Services Agreement entered mto by the parties. A. Services to Be Provided by MEC Construction and the Time Frame for Such Services. As requested by City of Waterloo - Traffic Operations, 408 E 6th Street, Waterloo, Iowa, requested that MEC Construction Services Co: 1) Install three (3) poles with anchors for temporary traffic sigls at Esther and Logan for the City of Waterloo. One pole will be sold and delivered to the City of Waterloo by MEC Construction. Two poles will be supplied and delivered by the City of Waterloo. The guy wire and anchors will be sold to the City of Waterloo and installed by MEC Construction. MEC Construction will contact Iowa One -Call 48 hours prior to digging. Project will be completed by July 29th, 2011, weather permitting. MEC Construction's proposal for the above Scope of Work is $6,973.89. Project cost of $6,973.89 consists of; $2,415.56 in materials, $3,588.33 in labor and $970.00 in vehicle costs. Payment is due twenty-five (25) days after receipt of invoice. MEC Construction shall be entitled to the compensation stated in the Scope of Work. MEC Construction shall forward invoices to Purchaser for Services rendered hereunder and Purchaser shall make payment upon such invoices within 25 days. All payments shall be made without deduction or setoff. When payment(s) is not made within 25 days, Purchaser shall also pay MEC Construction interest on such unpaid sum from its due date to the date of payment by Purchaser at a rate equal to one and a half percent (1.5%) per month or the maximum rate permitted by law, whichever is less. B. Other Terms. 06/28/2011 This proposal is based on straight -time workdays. Any work outside normal working hours will be billed at the appropriate rate. Purchaser is responsible for locating and marking all underground facilities such as storm and sanitary sewer, septic lines, underground electric cable, communications cable, irrigation systems, and water lines. MEC Construction assumes no responsibility for public or private facilities not located and marked. If MEC Construction is required to begin construction of underground facilities during the winter season, the work will be subject to an additional winter construction charge. The quotation is valid for 60 days from date of submittal. Work must be scheduled within 120 days of the date of signature or an additional cost may be incurred unless the delay in scheduling the work is at the request of MEC Construction. NB6197 WMIS-DR2238185 C. Address for Notices. MEC Construction Services Co. Attu. Mike Massina, Key Account Manager 260 Fairview Avenue Waterloo, IA 50703 D. This Scope of Work is subject to the terms and conditions of the Services Agreement between MEC Construction and Purchaser dated �„Jv 01 3,MA . MEC CONSTRUCTION SERVICES CO. CITY OF WATERLOO — TRAFFIC OPERATIONS By: C'S s(„_. ,\ By. \, d Printed Name: Robert A. Sharp Printed Name: 6— Date: 9' 1' 1 1 Date: r7 l I 1 92) b l 06/28/2011 NB6197 WMIS-DR2238185 SERVICES AGREEMENT MEC CONSTRUCTION SERVICES CO. s ervices greemen greemen is ma • e an • enter - • mto • is day of ki , 201k , by and between MEC Construction Services Co. ("MEC Construction"), an Iowa corporation and the undersigned party ("Purchaser"). RECITALS A. Purchaser requires consulting, engineering, inspection, testing, repair, maintenance, training, job management and/or technical services from time to time. B. MEC Construction is willing to provide such services upon the terms and conditions hereinafter set forth. C. In consideration of the mutual covenants and agreements herein contained, MEC Construction and the Purchaser agree as follows: 1. Contract Documents. The Services Contract includes this Agreement together with a mutually agreed upon Scope of Work which document provides for the ordering or authorization of the Services. It is the intention and agreement of the parties that these Services Agreement terms apply to all such transactions unless both parties expressly agree in writing to additional or different terms. 2. Services. The specific service(s) (the "Services") to be provided by MEC Construction pursuant to this Agreement are outlined in one or more Scope of Work documents. 3. Term. This Agreement shall remain in effect for a period of one year from the date above, at which time this Agreement shall be automatically renewed for an additional one-year period, and from year to year for additional one-year periods thereafter. However, either party may terminate this Agreement at any time upon not less than thirty (30) days advance written notice to the other party. 4. Payment. MEC Construction shall be entitled to the compensation stated in the Scope of Work. MEC Construction shall forward invoices to Purchaser for Services rendered hereunder and Purchaser shall make payment upon such invoices within twenty-five (25) days. All payments shall be made without deduction or setoff. When payment(s) is not made within 25 days, Purchaser shall also pay MEC Construction interest on such unpaid sum from its due date to the date of payment by Purchaser at a rate equal to one and a half percent (1.5%) per month or the maximum rate permitted by law, whichever is less. 5. Sales and Similar Taxes. MEC Construction's prices do not include applicable taxes for the Services (hereinafter collectively referred to as "Tax" or "Taxes"). Consequently, in addition to the price specified, the amount of any present or future Taxes shall be paid by Purchaser, or in lieu thereof Purchaser shall provide MEC Construction with a valid tax -exemption certificate acceptable to MEC Construction and the applicable taxing authorities. Purchaser shall indemnify and hold harmless MEC Construction from claims or liability for any such Tax or Taxes. 6. Independent Contractor. MEC Construction shall undertake the Services provided for in the Agreement as an independent contractor, and persons performing -the Services under the Agreement shall be subject to MEC Construction's direction and control and not be employees of Purchaser or subject to Purchaser's direction and control. MEC Construction may also contract with subcontractors to perform Services under the Agreement; such subcontractors shall also be independent contractors, and their employees shall not be employees of Purchaser or MEC Construction and shall not be subject to Purchaser's or MEC Construction's direction and control. 02/20/08 7. Warranty. Any warranties of the products sold hereby are solely those of the manufacturer. MEC Construction agrees to assign all such warranties to Purchaser. MEC Construction warrants to Purchaser that the Services shall be performed in a competent manner when measured against the standard of performance of the Services. 8. Indemnification. a. MEC Construction agrees to defend, indemnify and hold Purchaser harmless from and against any and all claims, losses, judgments and expenses for damage to tangible property or for physical injury or death which occurs during the performance of the Scope of Work under the Agreement, to the extent such damage or injury is attributable to the negligence of MEC Construction. In the event that such damage or injury is caused by the joint or concurrent negligence of MEC Construction and Purchaser, the loss shall be borne by MEC Construction and Purchaser proportionately to their degree of negligence. b. Purchaser agrees to defend, indemnify and hold MEC Construction, its officers, directors, managers and employees harmless from and against any and all claims, losses, judgments and expenses for damage to tangible property or for physical injury or death which occurs during the performance of the Scope of Work under the Agreement to the extent such damage or injury is attributable to the negligence of Purchaser. In the event that such damage or injury is caused by the joint or concurrent negligence of Purchaser and MEC Construction, the loss shall be borne by MEC Construction and Purchaser proportionately to their degree of negligence. c. Purchaser shall indemnify MEC Construction for all claims, losses, judgments and expenses, including attorneys and consultants fees and expenses, arising out of or relating to the presence of any toxic or hazardous substances or hazardous wastes which are (i) present on the site prior to the commencement of MEC Construction's Services, or (ii) improperly handled or disposed of by Purchaser, or (iii) brought to the site or produced thereon by parties other than MEC Construction. 9. Limitations of Liability. a. IN NO EVENT, SHALL MEC CONSTRUCTION BE LIABLE, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF EQUIPMENT OR PROPERTY, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS, FINES OR PENALTIES IMPOSED BY GOVERNMENTAL AUTHORITIES OR CLAIMS OF CUSTOMERS OF PURCHASER. ' b. In no event shall MEC Construction be liable -for any loss or damage whatsoever arising from its failure to discover or repair latent defects or defects inherent in the design of Purchaser's equipment, or caused by the use of goods or performance against the advice of MEC Construction. If MEC Construction furnishes Purchaser with advice or assistance concerning products, systems, or equipment which is not -required pursuant to the terms of the Agreement, the liability of MEC Construction for all claims of any kind arising from such advice or assistance, whether in contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, shall not exceed $1000. 02/20/08 __ JO. _ _ _ . Excusable Delays.- MEC-Construction-shall-notbe liable -for delay due to (a) causes -beyond -MEC Construction's reasonable control or (b) acts of God, acts of Purchaser, prerequisite work by Purchaser's other contractors, acts of civil or military authority, fires, strikes or other labor disturbances, floods, epidemics, war, riot, delays in transportation or (c) inability to obtain or delay in obtaining suitable labor, materials or facilities In an event of any such delay, the time of performance shall be extendcd for a 1 - • • :-1 IF;1 . - 11. Miscellaneous. written. e o 'y reason o e ay. a. In the event of any dispute arising under this Contract, it is agreed between the parties that the law of the State of Iowa will be given the interpretation, validity and effect of this Contract without regard to the place of execution or place of performance thereof. b. Neither the Contract nor any interest therein nor any claim arising therefrom shall be assigned by either party to any person, firm or corporation without the written consent of the other party. Notwithstanding any other terms or provisions to the contrary, no provision of this Contract shall be construed to limit either party's authority or right to assign all of its authority, rights or obligations under this Contract to any corporation or any other business entity which is the result of or the survivor of a merger, consolidation or other business combination to which such party is a part or to an affiliated entity of the party. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than MEC Construction and Purchaser. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above MEC CONSTRUCTION SERVICES CO. By. By: C,(4 -1S V'd.�6) 1 (Purchaser) 61fiat-7&11// Name: Barry Campbell Name: ry►&5-J' 6 • Title: Vice President, Delivery Title: 02/20/08