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HomeMy WebLinkAboutNutri-Ject Systems, Inc. - 8/27/2018 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF ANAEROBIC DIGESTER#3 CLEANING AND DISPOSAL PROJECT CITY CONTRACT NO.953 CITY OF WATERLOO,IOWA This contract made and entered into this 27 day of August 1-018, by and between the City of Waterloo,Iowa,a Municipal Corporation,(hereinafter referred to as(City),and Nutri-Ject-Systems, Inc. of Hudson, A (hereinafter referred to as Contractor),WITNESSETH: PAR- I Contractor agrees to clean and property dispose of accumulated material from ANAE&Q8IC CLF 9W L)LS a M and V2ML rgQff&L MX CgEES& furnish all necessary tools,equipment,materials,and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike 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. PAR.2 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. PAR.3 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 its engineer. PAR.4 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. PAR. 5 The work under the proposed contract shall be commenced within thirty(30)working days after receipt of"Notice to Proceed" and all items shall be completed on or before N9!1S1W h A218 unless an extension of time is authorized by the City Council. PAR.6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the pians 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. PAR.7 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 property 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. FOK,V OF C-'0N-R,1,CT t,NAk-,RoBlc-_1t4_;inST'ER:13 C�1,_- VNC cl 71? 1­01Vi'R,akcl,N40,9�3, C-1 of PAR.a The Contractor agrees that in the event a law suit is brought against the City for damages allegedly stained 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. PAR. 9 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"I 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 matirter 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. PAR. to 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, PAR- I I 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 tog by reason of the delay caused by the City. PAR. 12 The Contractor agrees to Pay punctually all just claims of tabor,material,men, or subcontractors who shall perform tabor 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 tabor,material,or men under this contract PAR- 13 The Contractor agrees to famish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by taw as stated in the Notice to Bidders,which shall be for the beneft of the City, and any and all periulis irijurud by atu bt%rdult of duy of tlw Wn"s Of this conuact. 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 par of this contract_ PAR- 14 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 thirty (30) 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. PAR. 15 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 pat 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 ConWactoes proposal,which has been accepted by the city. PAR- 16 The total amount of the contract(Cone section plus an additional one(t) foot,based on the Engineer's estimates of (or).coities and the Contractoes unit bid prices,and for which 100%surety bond is required is o FORM OF CONTRACT C-2 of 3 AN.A.EPOBIC D(GESTER43 CLEAMIXi c1'-1y,1'0N-rRAC",-\40.953 PAR. 17 After the completionof said work,the COntr3clOf APM to all debris and clean up said s anct to save die City harmless titom any darriap allegedly resultft ftm a Failure to clem up and ranove the debris or put the saw back in a condition for vel. PAR. t8 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. PAR. 19 8efort the Contractor shall be entitled to receive final payment iir work dwx wr4er this contract, it shall tc and file a bond in the penal sum ofnnt kss am t of the toW anourit of the to be Wtown as Naintenance which bond must be aMoved by the City Cnuncit and which bond is in addition,to the bond given by the Contractor to guarantee the completion of the work. PAR.20 The Conaww sW maintain,all work done hereunder in good order for tlwt period of two(2)years from and after die,date, it is Wcepted brythe t3 of the City of VIS shag be in&&without olpense to the City or the abuttiftproperty. to the event of the 6illue or default of the Conwactor to remedy any or all g in said work withina period of two(2)yam the date of its Wceptarice by SW Council, given to (10)days ralice so to do by registered lemw depostleil in the United Post Office in said town, addressed to said contractor at the addrm herein given,then the City may proceed to remedy such dc&M The cosu and experem thereof to be mcovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR.21 The Contractw shall give notice to said City by registered letter dftvcted to the Mayor or City thereofCkdUAvAhtor not alore than four(4)and not less than three(3)months prior to the expiration of the wrat dur*which the Conawtor is ret to maintain said, in gooct rVak by the term of its Cataut The liability of the Contractor and of the Rattles on its bond for maintenance of the said improvements shall continue MW three(3)months after such notice has been given to the City. and,in any event,until two(2)years after the acceptance of die wo& CITY OF WATERLOO,IOWA Mayor r City Clerk Nu 'fi''i�— �ce[ T c/ S�E m Contractor -�5 -fin C, i Title: Approved by the City Council of the City of Waterloo, Iowa,this 27 day of August 2018. ATTEST: -J� I ity Clerk W rtoo, Iowa ,tORV QF CONTRACT -kNAERf)M Dl(if-S !' R.43 v'—F,A,\jN(I C'TY.;,ONS'!2A(T" is 3 if