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HomeMy WebLinkAboutCrescent Electric - mast arm poles forWilliston/Baltimore traffic safety improvements - 5/9/2011FORM OF CONTRACT PURCHASING MAST ARM POLES FOR WILLISTON / BALTIMORE & WILLISTON / W. 9TH TRAFFIC SAFETY IMPROVEMENTS CITY OF WATERLOO, IOWA / r This contract is made and entered into this day of _May_ _, 2011 , by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Crescent Electric of _Waterloo, Iowa (city and state) (hereinafter referred to as Supplier), WITNESSETH: PAR. 1 Supplier agrees to provide the MAST ARM POLES called for in the specifications and plans in a workmanshiplike manner and for the prices set forth in supplier's bid, 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 purchase of the goods, the Notice to Bidders as published, the Form of Proposal, the council proceedings relating to this matter, General Conditions of Contract, Special Conditions of Contract 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. . PAR. 3 The supplier agrees to furnish at its own cost and expense, all goods 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 it's Traffic Engineer. PAR 4. The supplier agrees to provide the goods according to the delivery dates set in the Notice to Bidders. PAR 5. Should the supplier fail to provide said goods in strict accordance with the terms and conditions of this contract, or the specifications herein promptly by the date specified, the city may pay such additional sums as it may be required to pay by reason of the failure of said supplier and deduct all such sums from the amount then due the supplier. PAR. 6 The supplier agrees to pay punctually all just claims of labor, material, or subcontractors in relation to supplying of these goods. It is agreed that the city need not pay the supplier until all such claims are paid by the supplier. It is agreed that the city shall not be liable for said labor or material under this contract. PAR. 7 In consideration of the full compliance on the apart of the supplier with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon delivery and acceptance of said goods, the city agrees to pay to the supplier, in the manner set out in the Notice to Bidder, the amount of money due the supplier for goods delivered and accepted, at the unit prices set out in the supplier's bid, which has been accepted by the city. PAR. 8 The total amount of the contract, based on the quantities and the supplier's unit bid prices is required is $_25,458.95. FORM OF CONTRACT PAGE 1 PAR. 9 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. SUPPLIER: Crescent Electric BY: Kevin Neisen TITLE:' �,,1pvc 1iV TP OWNER: ITY OF WATERLOO BY: YOR ERNEST G. CLARK BY: Appro ed by the City Council of the City of Waterloo, Iowa, this day of , 2011. ATTEST: L, , t_, City Clerk FORM OF CONTRACT PAGE 2 VII- FORM OF CONTRACT PURCHASING TRAFFIC SIGNAL EQUIPMENT FOR WILLISTON / BALTIMORE & WILLISTON / W. 9TH TRAFFIC SAFETY IMPROVEMENTS CITY OF WATERLOO, IOWA This contract is made and entered into this day of 2011 , by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Traffic Control Corporation of Ankeny, IA (city and state) (hereinafter referred to as Supplier), WITNESSETH: PAR. 1 Supplier agrees to provide the TRAFFIC SIGNAL EQUIPMENT as called for in the specifications and plans in a workmanshiplike manner and for the prices set forth in supplier's bid, 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 purchase of the goods, the Notice to Bidders as published, the Form of Proposal, the council proceedings relating to this matter, General Conditions of Contract, Special Conditions of Contract and the Specifications shall all be considered as forming a part of the contract the same as through they were each set out in said contract. PAR. 3 The supplier agrees to furnish at its own cost and expense, all goods 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 it's engineer. PAR 4. The supplier agrees to provide the goods according to the delivery dates set in the Notice to Bidders. PAR 5. Should the supplier fail to provide said goods in strict accordance with the terms and conditions of this contract, or the specifications herein promptly by the date specified, the city may pay such additional sums as it may be required to pay by reason of the failure of said supplier and deduct all such sums from the amount then due the supplier. PAR. 6 The supplier agrees to pay punctually all just claims of labor, material, or subcontractors in relation to supplying of these goods. It is agreed that the city need not pay the supplier until all such claims are paid by the supplier. It is agreed that the city shall not be liable for said labor or material under this contract. PAR. 7 In consideration of the full compliance on the apart of the supplier with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon delivery and acceptance of said goods, the city agrees to pay to the supplier, in the manner set out in the Notice to Bidder, the amount of money due the supplier for goods delivered and accepted, at the unit prices set out in the supplier's bid, which has been accepted by the city. FORM OF CONTRACT PAGE VII-1 PAR. 8 The total amount of the contract, based on the quantities and the supplier's unit bid prices is required is $ $40, 917. 00 PAR. 9 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. SUPPLIER: Traffic Control Corp. OWNER: CITY OF WATERLOO, IOWA By: Douglas Ripley TITLE: Iowa Manager BY: ‘,4.04-1-Y TITLE: MAYOR Ct411 Approv by the City Council of the City of Waterloo, Iowa, this day of , 2011. ATTEST: _ City Clerk FORM OF CONTRACT PAGE VII-2