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HomeMy WebLinkAboutITG - Drop and Installation Contract N0. 1094 FORM OF CONTRACT FOR THE CONSTRUCTION OF FY 2023 DROPS AND INSTALLATION OF A FIBER-TO-THE-PREMISE NETWORK CITY OF WATERLOO, IOWA CONTRACT NO. 1094 This contract made and entered into this day of , 20 , by and between the Municipal Telecommunications Utility of the City of Waterloo, Iowa, a Municipal Utility, (hereinafter referred to as City), and of, , (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the FY 2023 DROPS AND INSTALLATION OF A FIBER-TO- THE-PREMISE NETWORK and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanship like manner and for the prices set forth in Contractor's proposal, which was accepted by the Utility, and which is understood and agreed to be a part of this contract. PAR. 2 The term “Contract” means and includes the following: A. Notice of Public Hearing B. Notice to Bidders C. Instructions to Bidders D. Proposal E. Bid Bond F. Contract G. Performance, Payment and Maintenance Bond H. General Specifications for Construction I. Bid and Unit Pricing Matrix J. Design Plots and Splicing Diagrams K. General Drops and Installation for FTTP Network Guidelines L. Notice to Proceed It is expressly understood and agreed that in addition to the documents listed above, the Contract includes any engineering data which may be furnished by the Contractor and approved by the Utility, together with such additional Drawings which may be furnished by the Utility from time to time as are necessary to make clear and to define in greater detail the intent of the Plans and Specifications. That several parts of the Contract are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the Contract is to include the furnishing of all materials, labor, tools, equipment and supplies necessary for completion of the contract obligations. Materials or work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. In the event of a conflict between any of the contract documents, the Contractor is to provide the greater quantity and/or better quality, unless otherwise directed in writing by the Utility. 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 Utility . PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the Utility which has been accepted by the Utility and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before December 31, 2026 unless an extension of time is granted in writing by the Board of Trustees. If the work is not completed within the specified contract period, plus authorized extensions, the Contractor shall pay to the Utility Liquidated Damages in the amount of one thousand dollars ($1,000.00) per day, for each day, as further described herein, in excess of the authorized time. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the Utility 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 Utility 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 Utility whole and defend any and all suits that may be brought against the Utility 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. PAR. 8 The Contractor agrees that in the event a law suit is brought against the Utility 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 Utility harmless therein, and in case judgment is rendered against the Utility, 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 Utility and those who use the streets of the Utility. PAR. 9 The Utility 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 Utility . PAR. 10 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 Utility r. PAR. 11 The Contractor shall maintain no cause of action against the Utility on account of delays and prosecution of work, but if said work is delayed by the Utility, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the Utility. PAR. 12 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 Utility need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the Utility shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the Utility, simultaneously with this contract, a bond on a form to be provided by the Utility in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the Utility, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the Utility Clerk and shall be subject to the approval of the Board of Trustees, and is by reference made a part 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 ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the Utility, or after such notice has been served on it, then the Utility 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 Utility for the costs and expenses so paid out. Said costs shall be retained by the Utility from any compensation due, or to become due the Contractor, and may be recovered by the Utility 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 part of this contract by reference, and upon completion and acceptance of said work, the Utility agrees to pay to the Contractor, in the manner set out in the Notice to Bidders, 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 Utility. PAR. 16 The total amount of the contract, based on the estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $ . PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean-up said streets, and to save the Utility 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. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the Board of Trustees, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Board of Trustees of the Municipal Telecommunications Utility. Said maintenance shall be made without expense to the Utility or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Board, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the Utility may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR. 21 The Contractor shall give notice to said Utility by registered letter directed to the Chair of the Board of Trustees of the Municipal Telecommunications Utility not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the Utility, and, in any event, until two (2) years after the acceptance of the work. MUNICIPAL TELECOMMUNICATIONS UTILITY OF THE CITY OF WATERLOO, IOWA Board Chair Board Clerk Contractor BY: Title: Approved by the Board of Trustees of the Municipal Telecommunications Utility of the City of Waterloo, Iowa, this day of , 20 . ATTEST: , Board Clerk Municipal Telecommunications Utility of Waterloo, Iowa