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HomeMy WebLinkAboutTideflex Technologies-8/2/2010FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF FY 2010 DRY RUN CREEK ARCH VALVE PURCHASE CITY CONTRACT NO. 793 CITY OF WATERLOO, IOWA This contract made and entered into this day of ll 51— $(d, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Tideflex Technologies to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 PAR. 5 PAR. 6 PAR. 7 of Carnegie, Pennsaylvania ,(hereinafter referred Contractor agrees to supply valves described in the FY 2010, DRY RUN CREEK ARCH VALVE PURCHASE project, CITY CONTRACT NO. 793, 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 Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, 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 made a part hereof by reference, and to the satisfaction and approval of the City and its City Engineer. The Contractor agrees to perform said work and provide the valves on the terms 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. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and deliver the valves within 15 weeks, 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 specifications therefore promptly by the date herein specified, 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 City shall have the right to appoint one or more reviewers who shall review the valves upon delivery; also, to make any test or any material to be used in such work. No material shall be accepted until the same has first been approved by the City's reviewer. The City's reviewer shall have full authority to pass judgment upon all materials, 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. PAR. 8 Any valve which has been rejected by the City's reviewer shall be at once removed and replaced at no cost to the City. FY 2010, Dry Run Creek Arch Valve Purchase Waterloo, Iowa City Contract No. 793 C-1 Page 1 of 2 60131959.40 PAR. 9 PAR. 10 PAR. 11 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 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 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, 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. PAR. 12 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, is $72,695.00. PAR. 13 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. CITY OF WATERLOO, IOWA Mayor City Ck Contractor By Title: Approved by the City Council of the City of Waterloo, Iowa, this 2010. ATTEST: ' �� D FY 2010, Dry Run Creek Arch Valve Purchase Waterloo, Iowa City Contract No. 793 C-2 day of, , City Clerk Waterloo, Iowa Page 2 of 2 60131959.40