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HomeMy WebLinkAboutRadio Communications-1/10/2011FORM OF CONTRACT FY 2011 CONTRACT FOR PROVIDING AND INSTALLING LIFT STATION ALARM CONTROLLERS AT 23 LIFT STATIONS IN THE CITY OF WATERLOO SANITARY SEWER SYSTEM CITY CONTRACT NO. CITY OF WATERLOO, IOWA This contract made and entered into this 10th day of January, 2011, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Radio Communications, of Waterloo, IA, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 Contractor agrees to provide and install lift station alarm controllers at 23 lift stations in the City of Waterloo's sanitary sewer system, provide and install an alarm processor capable of receiving and processing all of the alarms, and providing signals using 800 MHZ for radio control in accordance with all of the requirements and to the satisfaction of the City of Waterloo's Waste Management Services Department. Contractor shall furnish all necessary toots, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanship like 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. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Form of Proposal, the Council Proceedings relating to this matter, and the Plans and 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 fumish 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 plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City, City Engineer and Waste Management Services. The Contractor agrees to perform said work and install said improvements on the tears set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. FY 2011, Contract for Providing and Installing Lift Station Alarm Controllers City Contract No. C-1 Page 1 of 4 113632.10.050 PAR. 5 PAR. 6 PAR. 7 PAR. 8 PAR. 9 PAR. 10 PAR. 11 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete on or before, unless an extension of time is granted in writing by the Council of 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 therefore promptly by the date herein specked, the City may pay such additional 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, lows, 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 City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material which has been rejected by the construction reviewer shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer or Waste Management Services. 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. FY 2011, Contract for Providing and Installing Lift Station Alarm Controllers City Contract No. C-2 Page 2 of 4 113632.10.050 PAR. 12 PAR. 13 PAR. 14 PAR. 15 PAR. 16 PAR. 17 PAR. 18 PAR. 19 The Contractor agrees subcontractors who shall It is agreed that the City Contractor. It is agreed under this contract • to pay punctually all just claims of labor, material, men, or perform labor or furnish materials entering into this improvement. need not pay the Contractor until all such claims are paid by the that the City shall not be liable for said labor, material, or men The Contractor shall provide Insurance Certificates to the City indicating coverage for the insurance requirements and naming the City of Waterloo as an additional insured. The Contractor will be paid on a monthly basis for work satisfactorily completed and approved materials and equipment purchased. Partial pay requests submitted by the Contractor will be approved by Waste Management Services and submitted to the City Council for payment. Partial payments will reflect a 5 percent retainage, which will be held from each partial pay request until the project has been completed and has been accepted and approved by Waste Management Services and the City Council. 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, in the manner set out in the Notice to Contractors, 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 estimates of quantities and the Contractor's unit bid prices, is $1133 876.80. After the completion of said work, the Contractor agrees to remove all debris and clean up all project areas, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the project areas back in a proper condition. 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. The Contractor shall maintain all work done hereunder -in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (1 0) 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 be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. FY 2011, Contract for Providing and Installing Lift Station Alarm Controllers City Contract No. C-3 Page 3 of 4 113532.10.050 PAR. 20 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not Tess than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. CITY OF WATERLOO, IOWA Emest G. Clark, Mayor Contractor By Title: Approved by the City Council of the City of Waterloo, Iowa, this 10th day of, January 2011. ATTEST: Deputy City 53kif4h. Clerk Waterloo, Iowa FY 2011, Contract for Providing and Installing Lift Station Aiarm Controllers City Contract No. C-4 Page 4 of 4 113632.10.050