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HomeMy WebLinkAboutHR Green Inc-5/17/2010Howard R. Green Company Phase 2 Demolition, Former Chamberlain Mfg. Property Project No. 722930J41 Contract No. 762, Waterloo, Iowa SECTION 00510 FORM OF CONTRACT CONTRACT FOR FY 2010 PHASE 2 DEMOLITION FORMER CHAMBERLAIN MANUFACTURING PROPERTY 550 ESTHER STREET CITY OF WATERLOO, IOWA CONTRACT NO. 762 This contract made and entered into this or. 1 day of l4 p c i l , 20 / Q by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Active Thermal Concepts , of Hiawatha, Iowa, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 Contractor agrees to perform the Phase 2 Demolition at the Former Chamberlain Manufacturing Property, 550 Esther Street, Waterloo, Iowa and furnish all necessary tools, equipment, materials,, and labor necessary to do all the work called for in the plans and specifications in a workman -ship -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 Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, 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 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 plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and the Contract Representative. The Contractor agrees to perform said work and install said improvements 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. FORM OF CONTRACT CONTRACT NO. 741 O:\PROJ\722930J41\Construction\Bidding and Contracts\00510 FORM OF CONTRACT 705.doc 00510-1 Howard R. Green Company Phase 2 Demolition, Former Chamberlain Mfg. Property Project No. 722930J41 Contract No. 762, Waterloo, Iowa 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 Stage I on or before August 31, 2010 and complete the entire contract on or before September 30, 2010, 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 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 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 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 Contract Representative. 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 Contract Representative. 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. FORM OF CONTRACT CONTRACT NO. 741 O:\PROJ\722930J41\Construction\Bidding and Contracts\00510 FORM OF CONTRACT 705.doc 00510-2 0, ' Howard R. Green Company Phase 2 Demolition, Former Chamberlain Mfg. Property Project No. 722930J41 Contract No. 762, Waterloo, Iowa PAR. 12 PAR. 13 PAR. 14 PAR. 15 PAR. 16 PAR. 17 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 as stated in the Notice to Bidders, 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 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. The total amount of the contract, based on the Engineering Consultant's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $_547,427.00. After the completion of said work, the Contractor agrees to remove all debris and clean up said 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. 18 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. FORM OF CONTRACT CONTRACT NO. 741 O:\PROJ\722930J41\Construction\Bidding and Contracts\00510 FORM OF CONTRACT 705.doc 00510-3 Howard R. Green Company Phase 2 Demolition, Former Chamberlain Mfg. Property Project No. 722930J41 Contract No. 762, Waterloo, Iowa CITY OF WATERLOO, IOWA ,401 ® Y Ernest G. Clark, Mayor Suzy, Schares, City Clerk Active Thermal Concepts, Contractor BY: Cory Albers Title: Vice President j�41 Approved b the City Council of the City of Waterloo, Iowa, this " day of ,i i , , 20 (O. ATTEST: City Clerk Waterloo, Iowa FORM OF CONTRACT CONTRACT NO. 741 O:\PROJ\722930J41\Construction\Bidding and Contracts\00510 FORM OF CONTRACT 705.doc 00510-4