HomeMy WebLinkAboutFORM OF CONTRACT FORM OF CONTRACT
CONTRACT FOR THE CONSTRUCTION OF
F.Y. 2000 BRIDGE PAINTING AND REPAIR PROGRAM
CITY OF WATERLOO, IOWA
CONTRACT NO. 598
This contract made and entered into this i day of June
9
2000, by and between the City of Waterloo, Iowa, a Municipal Corporation,
(hereinafter referred to as City), and BORWIG BUILDING SERVICE INC
of Waterloo. Iowa , (hereinafter referred to as Contractor), WITNESSETH:
PAR. 1 Contractor agrees to build and construct the F.Y. 2000 BRIDGE
PAINTING AND REPAIR PROGRAM Contract No.
598 and 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.
FORM OF CONTRACT PAGE 1 OF 5 PAGES
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 Contractor agrees to commence said work within ten (10)
working days after receipt of "Notice to Proceed" and complete it on
or before August 31, 2000, unless an extension of time is granted in
writing by the Council of the City.
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 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 properly 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.
PAR. 8 The Contractor agrees that in the event a law suit is brought against
the City 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 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
shall be used in any work until the same has first been approved by
FORM OF CONTRACT PAGE 2 OF 5 PAGES
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 City Engineer.
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 City Engineer.
PAR. 11 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 lost by reason of the delay caused by the City.
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 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
labor, material, or men under this contract.
PAR. 13 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 Notice to Bidders, which shall be for
the benefit of the City, and any and all persons injured by the breach
of any of the 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 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
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.
FORM OF CONTRACT PAGE 3 OF 5 PAGES
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
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
Contractor's proposal, which has been accepted by the City.
PAR. 16 The total amount of the contract, based on the Engineer's estimates
of quantities and the Contractor's unit bid prices, and for which
100% surety bond is required is $ 407,464.00
PAR. 17 After the completion of said work, the Contractor agrees to remove
all debris and clean up said streets, and to save the City 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 City Council, 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 Council of the City of Waterloo, Iowa. Said
maintenance shall be made without expense to the City 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 Council, 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 City 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.
FORM OF CONTRACT PAGE 4 OF 5 PAGES
PAR. 21 The Contractor shall give notice to said City by registered letter
directed to the Mayor or City Clerk/Auditor thereof 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 City, and, in any
event, until two (2)_years after the acceptance of the work.
CITY OF WATERLOO, IOWA
Mayor
City Clerk
BORWIG BUILDING SERVICE, INC
Contractor
BY: Ipn �
g-
Title: V,ce Pees
Approved by the City Council of the City of Waterloo, Iowa, this 5*)
day of June , 2000.
ATTEST: , City Clerk
Waterloo, Iowa
FORM OF CONTRACT PAGE 5 OF 5 PAGES
ACOffD CERTIFICATE OF LIABILITY INSURANCE CSR iff DATE(MM/DDNY)
- BORWI-1 06/02/00
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
PDCM Insurance HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 2597 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Waterloo IA 50704 COMPANIES AFFORDING COVERAGE
Stephen A. Clabby, CIC COMPANY
Phone No. 319-234-8888 Fax No. A Westfield Companies
INSURED
COMPANY
B
COMPANY
Borwig Building Service, Inc. C
432 W. Parker COMPANY
Waterloo IA 50703 D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COFLIMITS
LTR
DATE(MM/DD/YY) DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE s2,000,000
A X COMMERCIAL GENERAL LIABILITY CWP3352410 04/21/00 04/21/01 PRODUCTS-COMP/OPAGG $2,000,000
CLAIMS MADE OCCUR PERSONAL&ADV INJURY $ 1,OOO,OOO
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
X Care,Custody 5000 FIRE DAMAGE(Any one fire) $ 150 OOQ
MED EXP(Any one person) $ 5,000
AUTOMOBILE LIABILITY
A ANY AUTO CWP3352410 04/21/00 04/21/01 COMBINED SINGLE LIMIT $ 1,000,000
ALL OWNED AUTOS
BODILY INJURY $
X SCHEDULED AUTOS (Per person)
X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000
A X UMBRELLA FORM CWP3352410 04/21/00 04/21/01 AGGREGATE $ 1,000,000
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND WC STATU- OTH- -`
EMPLOYERS'LIABILITY
TORY LIMITS ER
EL EACH ACCIDENT $ 100,000
A THE PROPRIETOR/ INCL WCP5412836 04 21
PARTNERS/EXECUTIVE / /00 04/21/01 EL DISEASE-POLICY LIMIT $ 500,000
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 100,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
Pro]]ect: F.Y. 2000 Bridge Painting & Repair Program, Contract # 598. City
of Aaterloo is named as additional insured
CERTIFICATE HOLDER CANCELLATION
CITY0 48 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Waterloo BUT FAILURE TO IL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
715 Mulberry S t. OF ANY KIND UP THE CO PANY,ITS AGENTS SENTATIVES.
Waterloo IA 50703 AUTHORIZED P SE T
5teph ,
ACORD 25 5(1/95) ACMRD CORPORATION 1988
KNOW ALL MEN BY THESE PRESENTS:
That we, Borwig Building Service. Inc. of Waterloo. Iowa
(hereinafter called the Principal), and Merchants Bonding Company of
2100 Fleur Drive, Des Moines, Iowa, 50321
(hereinafter called the Surety),
are held and firmly bound unto the City of Waterloo (hereinafter called the Obligee), in the
penal sum of -Four Hundred Seven Thousand Four Hundred Sixty-four and 00/100ths
Dollars ($ 407,464.00 ), lawful money of the United States, to payment of which sum, well
and truly to be made, the Principal here firmly binds himself/themselves, his/their heirs,
executors, and administrators, and the said Surety binds himself, his successors, assigns,
executors, and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, WHEREAS the above bounden
Principal did, on the 1st day of June , 2000, enter into a written contract
with the City of Waterloo, Iowa, for the construction of F.Y. 2000 BRIDGE PAINTING
AND REPAIR PROGRAM, Contract No. 598 , a copy of which contract, together with all
of its terms, covenants, conditions, and stipulations, is incorporated herein and made a part
hereof as full and completely as if said contract were recited at length herein; and
WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons,
firms or corporations having contracts directly with the Principal or with subcontractors, all
just claims due them for labor performed or materials furnished in the performance of the
contract on account of which bond is given when the same are not satisfied out of the portion
of the contract price which the public corporation is required to retain until completion of the
public improvement, but the Principal and Surety shall not be liable to said persons, firms, or
corporation unless the claims of said claimants against said portion of the contract price shall
have been established as provided by law.
Now, if the Principal shall in all respects fulfill his said contract according to the terms
and tenor thereof, and shall satisfy all claims and demands incurred for the same, and shall
fully indemnify and save harmless the Obligee from all costs and damages which it may suffer
by reason of failure to do so, and shall fully reimburse and repay the Obligee all outlays and
BOND PAGE 1 OF 2 PAGES
expenses which it may incur in making good any such default, then the obligation is to be void
and of no effect, otherwise to remain in full force and effect.
Every Surety on this bond shall be deemed and held, any contract to the contrary
notwithstanding, to consent without notice:
1. To any extension of time to the contract in which to perform the contract.
2. To any change in the plans, specifications, or contract when such change does
not involve an increase of more than twenty percent (20%) of the total contract
price, and shall then be released only as to such excess increase.
3. That no provision of this bond or of any other contract shall be valid which limits
to less than two (2) years from the time of the acceptance of the work the right to
sue on this bond for defect in workmanship or material not discovered or known
to the Obligee at the time such work was accepted.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this lst
day of June , 2000.
BORWIG BUILDING SERVICE, INC.
Principal
By:
Merchants Bonding Company
S u rety
Attorne -in- act - Marjorie M. Miller
BOND PAGE 2 OF 2 PAGES
Merchants Bonding Company
POWER OF ATTORNEY
Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL)•a corporation duty organized under the
laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk.State of Iowa,path made,constituted
and appointed,and does by these presents make,constitute and appoint
W. D. McCausland, III, Marjorie M. Miller, John S. Pedersen, Frank D. Dowie,
Susan Logan, Annette M. Robinson, or Stephen A. Clabby
of Waterloo and State of Iowa its true and lawful Attorrvrj in•Fact,with fun power
and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any and all
bonds,undertakings,recognizanees or other written obligations in the nature thereof,subject to the limitation that any such instrument shah
not exceed the amount at
ONE MILLION FIVE HUNDRED THOUSAND ($1,500,000.00) Dollars
and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as it such bond or undertaking was
signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and ad such acts of said Attorney-in-Fart,
pursuant to the authority herein given,are hereby ratified and coofemfed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-taws
adopted by the Board at Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on October 3,1992.
ARTICLE IL SECTION e.—The Chairman of the Board or President or any Vice President or Secretary shelf have power and author-
ity to appoint Attomeys4ri-Fad,and to authorize them to execute on behalf of the Company.and affair the Seat of the Company
thereto,bonds and undertalang,,'recognmances.contracts of irdeirinity and other writings obligatory n the nature thereof
ARTICLE 11,SECTION 9.—The signature of any authorized offiarr and the Seat of the Company may be affixed by tarsimife to any
Power of Attorney or Cartdication thereof authorizing the execution and delivery of arty bond,undertaking,recognizance,or other
suretyship obtigatoom of the Company,and such mature and seal when so used shall have the same force and effect as though
manually fixed.
In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by is President and its
corporate seat to be hereto atfured,this 3rd day of November • 1998.
•.•'''••• MERCHANTS BONDING CCMPANY(MUTUAL)
.�O�N�•day.
A'
moo:o�Qoq•.''
• G 4
•= 1933 :e° By
y •
STATE OF IOWA °•°-•� •.•°
COUNTY OF POLK ss
On this 3rd day at November 1998 before me appeared Larry Taylor:tome
personally known,who being by me duty swam did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL).the
corporation described in the kxegoing ir4trument, and that the Seal affixed to the said instrument is the Corporate Seal at the said
Corporation and that the said instrument was signed and sealed a behalf at said Corporation by authority of its Board of Directors.
In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,kxra,the day and year first
above written.
Ir •'•••••,• 2 Notary Pu6liq -110/In County Iowa
: IOWA :
�. •...••'dry
STATE OF IOWA •'•, 4Rf Ay- •�
COUNTY OF POLK ss °•.......••
1,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing
is a true and correct copy of the POWER-CF-ATTORNEY,executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is still
in force and effect.
In Witness Whereof,1 have hereunto set my hand and affixed the Seal of the Company on
this lst day of June 2000. ,°.•.°.
OG CO
P 04,
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•y .
MSc=14 tzmer ;y 1933 :c
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