HomeMy WebLinkAboutSpahn & Rose (Pole Building) - 5/29/2018CONTRACT FOR POLE BUILDING CONSTRUCTION
This Contract for Pole Building Construction (the "Contract") is entered into as of
1 A , 2018, by and between the City of Waterloo, Iowa ("City") and Spahn &
Rose Lumber Co. ("Contractor").
in consideration of the mutuai promises exchanged herein, the parties agree as follows:
1. Services. The Contractor agrees to furnish all supervision, technical personnel,
labor, materials, tools, equipment, machinery, and services, and shall perform and substantially
complete all work within the time period stated in the specifications; including all alternate
items, after receipt of Notice to Proceed: Contractor shall engage such subcontractors as may be
necessary for completion of the work and arrange for the timely delivery to the job site of all
materials selected. Work to be performed includes all work described in the Contract
Documents (defined below). All improvements shall be constructed in accordance with all
applicable City, state, and federal building codes and shall .comply with all applicable City
ordinances and other applicable law.
Contractor shall provide the above goods and services for total sum not to
exceed the cost set forth in Contractor's bid, including subcontractor bids, which is $134,610.00..
Contractor will be paid in a lump sum for all goods provided and services performed and
accepted. Contractor's request for payment for services authorized under this Contract will be
paid within sixty (60) days after receipt of an original invoice and after such goods and services
are delivered, .installed and accepted. Contractor will be, paid for all items satisfactorily
completed. Such payment will be full compensation for all work performed, for all permits,
licenses, inspections, for complying with all laws, rules, regulations and ordinances, including.
safety, and for furnishing all materials, equipment and labor to complete the work, in accordance
with the specifications.
2. Contract Documents. The following documents (collectively, the "Contract
Documents") are hereby incorporated into this Contract by reference as though set :forth herein in
full:
a. General Instructions to Bidder
b. Addenda (if any)
c. Bid (Proposal) from the Contractor, including Bid Tabulation
d: Specifications
e. Insurance Requirements
In the event of conflict betweenthe provisions. of the Contract Documents and this Contract, the
provisions of this Contract shall prevail.
3. Approval; Timing of Work. Contractor shall not begin work until after the
Contract has been approved by the city council and the Contractor has been issued a Notice to
Proceed. The work shall. commence within ten (10) days after the. City has issued a Notice to
Proceed and the work shall be substantially completed no later than September 1, 2018.
4: Delays. The Contractor shall have no cause of action against the City on account
of delays and prosecution of work, but if the work is delayed by the City, the Contractor may
have extra time for the completion of the job as was lost by reason of the delay caused by the
City..
5. Pay_ents. Payment shall be made in full after acceptance of the work following
5—Staiitial coiiiliieiiuu w iiispeutiun. City, ai its sole discretion and without waiving any
claims or rights, may make interim payments or may allow for partial payment for the work
included on an invoice for which all goods or services have not been delivered or accepted. City
may withhold payment for reasons including, but not limited to, unsatisfactory job performance
or progress, defective work, disputed work, failure to comply with material provisions of the
Contract, third -party claims filed or reasonable evidence that a claim will be filed; or other
reasonable cause.. In connection with any payment, Contractor shall provide lien waivers with
respect to all labor, materials and other charges invoiced to date of payment. City shall have no
obligation to pay any invoice for which Contractor. does not supply lien waivers.
6. Taxes. City is exempt from sales tax and certain other use taxes. Any charges for
taxes from which the City is exempt will be deducted from invoices before payment is made.
7. Condition of Work Site. Contractor shall periodically, or as directed during the
progress of the work, remove and legally dispose of all surplus material and debris, and keep the
proj ect area reasonably clean. Upon completion of the work the Contractor shall remove all
unused or excess materials, debris and equipment provided for the work and put the whole site of
the work in a neat and clean condition.
8. Performance Bond. Contractor will be required to furnish bond in an amount
equal to one hundred. percent (100%) of the contract price and shall be issued by a responsible
surety acceptable to the City. The bond shall guarantee the faithful performance of contract
and the terms and conditions therein contained; shall guarantee the prompt payment of all
materials and labor and protect and save harmless the City from claims and damages of any kind
arising out of the performance of this contract.
9_ Payment Bond. Contractor will be required to furnish a payment bond in an
amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a
responsible surety acceptable to the City. The bond. shall guarantee the faithful payment as
required by law of all persons supplying labor and material in the execution of the work. provided
for in the Contract.
10. Indemnity. Except as to any negligence of City, its elected officials, officers,
employees or agents, in the performance of any duty under this Contract, and to the extent not
covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City,
its elected officials, officers, employees, agencies and agents, and to hold same harmless, from
and against any and all claims, demands, causes of action, losses, costs, fines, penalties, or
liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising
from or in connection with the acts or omissions of Contractor in providing the goods and
services contemplated by this Contract. Said indemnity will include but is not limited to. actions
or suits based upon or alleging bodily injury, including death, or property damage rising out of or
resulting from Contractor's operation under this Contract, whether by itself or by any
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subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and
shall not be deemed an agent or employee of the City.
11. Property Damage. Contractor shall be responsible for all damage to public or
private property. Contractor shall have one responsible person at the job site at all times when
project activities are undertaken. Contractor shall keep a report of all damage: and promptly
iioi y Ciiy iii cdi a iiisiaiiva wilco deunage occurs or is firsi noticed. If public or private property
is damaged by Contractor and is not repaired in a timely manner as determined by City, City has
the option of having the damage repaired at the Contractor's expense, to be reimbursed to the
City or withheld from future payments to Contractor hereunder.
12. Default, Termination for Cause. In the event that Contractor defaults in the
performance or observance of any covenant, agreement or obligation set forth in this Contract, and
if such default remains uncured for a period of seven (7) days after notice thereof shall have been
given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is
curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be
done or remedied within such 7 -day period and thereafter Contractor fails to diligently and
continuously prosecute the same to completion within such 14 -day period), then City may declare
that Contractor is in default hereunder and may take any one or more of the following steps, at its
.option:
a. by mandamus or other suit, action or proceeding at law or in equity, require
Contractor to perform its obligations and covenants hereunder; or enjoin any
acts or things which may be unlawful or in violation of the rights of the City
hereunder, or obtain damages caused to the City by any such default;
b. have access to and inspect, examine and make copies of all books and records
of Contractor which pertain to the project;
c. declare a default of flus. Contract, make no further disbursements, and demand
immediate repayment from Contractor of any funds previously disbursed. under
this Contract;
d. tenninate this Contract by delivery to Contractor of written notice of
termination, and/or
e. take whatever other action at law or in equity may be necessary or desirable to
enforce the obligations and covenants of Contractor hereunder, including but
not limited to the recovery of funds.
Contractor shall be entitled to only one such notice, and in connection with any subsequent
breach then City may terminate this Contract upon seven (7) days' advance. written notice. In the
event of termination, the Contractor shall be compensated for all necessary goods and services
performed through the termination date. No delay in enforcing the provisions hereof as to any
breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain
relief against or recover for the continuation or repetition of such breach or violation or any similar
breach or violation thereof at any later tune or times. In the event that City prevails against
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Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable
attorneys' fees and expenses incurred by City.
13. Termination for Convenience. This Contract may be terminated at any time, in
whole or in part, upon the mutual written agreement of the parties.
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duties hereunder without the prior written consent of City; provided, however, that City hereby
consents to Contractor's delegation or assignment of certain duties to those subcontractors that
are identified in Contractor's bid document, as to those duties described in the bids of such
subcontractors. Contractor will be responsible for the proper fitting of all work and for the
coordination of the operations of all subcontractors engaged upon this Contract. Contractor shall
be prepared to guarantee to each subcontractor the locations and measurements which they may
require for the fitting of their work to all surrounding work.
15. Notices. Any notice under this Contract shall be in writing and shall be delivered
in person or by United States registered or certified mail, postage. prepaid and addressed as
follows:
CITY
City of Waterloo, Iowa
715 Mulberry St.
Waterloo, Iowa 50703
Attn: Public Works Director
CONTRACTOR
Spahr & Rose Lumber Co.
P.O. Box 581
Jesup, Iowa 50648
Attn: Manager
Delivery of notice shall be deemed to. occur (i) on the date of delivery when delivered in
person, or (ii) three (3) business days following the date of deposit if mailed as stated above.
16. Independent Contractor. Contractor is an independent contractor and is not an
employee, servant, agent, .partner, or joint venturer of City. Contractor has no power or authority
to enter into contracts or agreements on behalf of City. City shall determine the work to be done
by Contractor, but Contractor shall determine the legal means by which it performs the work
specified by City. City is not responsible for withholding; and shall not withhold, FICA or taxes
of any kind from any payments which it owes Contractor. Neither Contractor nor its employees,
if any, shall be entitled to receive any benefits which. employees of City are entitled to receive
and shall not be entitled to workers' compensation, unemployment compensation, medical
insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of
their work for City. Contractor shall be solely responsible for compensating its employees and
subcontractors,. if any.
17. Severability. Reformation. In the event any provision of this Contract, together
with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in
part, the remaining provisions of this Contract shall not be affected thereby and shall continue in
full force and e.ffect..If, for any reason, a court finds that any provision of this Contract is
invalid, illegal, or unenforceable as written, but that by limiting such provision it would become
valid, legal, and enforceable, then such provision shall be deemed to be written and shall be
construed and enforced as so limited.
In
18. General Terms. This Contract, together with the Contract Documents, constitutes
the entire agreement between the parties pertaining to the subject matter hereof. This Contract
may not be modified or amended except pursuant to the mutual written agreement of the parties.
This Contract is binding on the parties and their respective successor and assigns. Time is of the
essence in the performance of the terns hereof.
IN WITNESS WHEREOF, the parties have executed.this Contract for Pole Building
Construction as of the date first set forth above.
CITY OF WATERLOO, IOWA. SPAHN & ROSE LUMBER CO.
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Quentin M. Hart, Mayor
Title:
Attest:
Kelley 176hle, City Clerk