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HomeMy WebLinkAboutT& W Grinding and Compost Service-Yard Waste Composting Program-09.23.2008 _ FORM OF CONTRACT CONTRACT FOR CITY Olt' WATERLOO YARD WASTE COMPOSTING PROGRAM CITY OF WATERLOO, IOWA This contract is made and entered into this tec-1 dayof 2000, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and of 'e / _.7 UJ4 , Iowa (hereinafter referred to as Contractor), WITNESSETH: PAR.1 This contract is to provide for the equipment, supervision, site service, and processing of the yard wastes generated by the City Yard Waste Programs. Materials processed shall become city commodity. Cull wastes shall he disposed of by the City or recomposted by the Contractor. PAR. 2 It is understood and agreed that the resolution adopted by the City Council approving these documents, the Performance and Payment Bonds, the Council Proceedings relating to this matter, and Scope of Services 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 perform said services in a thorough, substantial, and a workmanlike manner, and in strict accordance with the requirements of this contract, and of the provisions made a part hereof by reference, and to the satisfaction and approval of the City and its Superintendent of Waste Management Services. PAR. 4 Should The Contractor fail to perform said services in strict accordance with the terms and conditions of this contract or provisions therefore as herein specified, the City may pay such additional sums to another party to perform the work Contractor failed to perform and deduct any and all such sums from any amount due Contractor. PAR. 5 Contractor agrees to comply with and obey all ordinances of City, and agrees to assume all liability for any and all claims and/or causes of action at law or equity or otherwise which may arise from this Agreement. • Contractor further agrees to release City, including its employees and agents, from any and all claims and/or causes of action, which arise lion this Agreement. Contractor has been informed of the ramifications involved with this Agreement, and knowing and acknowledging them, Contractor voluntarily agrees to assume and accept these ramifications. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless City, its consultants, agents and /or employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees whether incurred prior to or during, litigations, administrative hearings, arbitration, or bankruptcy proceedings, including trial and appellate levels, which may in any way arise out of or result from this Agreement, provided that any such claim, damage, loss, or expense is caused in whole or in part by any negligent act or omission or other fault of Contractor or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not it was caused in part by a party indemnified hereunder. PAR. 6 The City shall have the right to appoint one or more contract reviewers that shall review the contractor's operation in detail. Such contract reviewer shall have full authority to pass judgement upon the manner of doing the work, and their judgement on rejecting any manner of work shall be final unless it is revoked or modified by the Superintendent of Waste Management Services. PAR. 7 The Contractor agrees to pay punctually all just claims of labor, material, persons, or subcontractors who shall perform labor or furnish materials or services entering into these services. It is agreed that the City need not pay the contractor until all such claims are paid by the Contractor. Contractor shall, prior to payment by City, provide City with a release of lien of any subcontractors which shall release City from any liens on account of Contractor's failure to pay for labor, material, or persons under this Agreement. PAR. 8 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 Scope of Services, which shall be for the benefit of the City, and any and all persons injured by the breach of any 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 apart of this contract. PAR. 9 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof without reasonable cause, or should it fail to proceed with said work within 24 hours after a notice to continue or carry it on has been served to it at the address given herein by the City, 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 all costs and expenses arising out of contractor's failure as stated herein. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, or may be recovered by the City in an action upon Contractor's bond. PAR. 10 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, the City agrees to pay to the Contractor, in the manner set out in the Scope of Services, the amount of money due the Contractor for work performed, at the prices set out in the Scope of Services. PAR. 11 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. This Agreement may not be altered, modified, or changed in any manner without prior written approval of the parties. CITY OF WATERLOO, IOWA yoA�1 L_,/-1- 0.. (c___P., ---- City Clerk �1 c T rw fir, q,,,, -i• rfc,oipos7/� I,L.c CONTRACTOR p� (? BY: Title: c cu v7-e r` Approved by the City Council of the City of Waterloo, Iowa thisd a day of 5 /em6-er , 200K Itt___ ATTES , City Clerk, Waterloo, Iowa.