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HomeMy WebLinkAboutFORM OF CONTRACT f *e o 4 o. a-o.0/'_ V9-4 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF CENTER FOR THE ARTS 2009 ROOF PROJECT CITY OF WATERLOO, IOWA This contract made and entered into this 7' +1'day of (rk Y , 20 , by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and .6e.,ir Vic A r of LA-'.cf: r lez , Iowa, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the per the following award of bids: CENTER FOR THE ARTS 2009 ROOF PROJECT Base Bid A.1 — Re-roof Auditorium Roof-$96,955.00 Base Bid A.2- Re-roof Plaza Deck Roof- $18,293.00 Alternate Bid A.3 — Re-roof Theatre South Entry-South Hallway Roof- -$27,638.00 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 September 30, 2009 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 the construction reviewer. FORM OF CONTRACT PAGE 2 OF 5 PAGES 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 Building Official Administrator. 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 Building Official Administrator. 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 $142,886.00 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. 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 FORM OF CONTRACT PAGE 4 OF 5 PAGES 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 Service Roofing Company Contractor BY: __alS Title: Ec4 t r&, 0.1 Approved by the City Council of the City of Waterloo, Iowa, this hi day of May , 200 ATTES ��( v�-c� , City Clerk Waterloo, Iowa FORM OF CONTRACT PAGE 5 OF 5 PAGES From:Cindy Foster At:First Iowa Insurance Agency, Inc. FaxID:3193933161 To:City of Waterloo/Louis Cutwright Date:5/4/2009 09:25 AM Page:2 of 3 ACORD CERTIFICATE OF LIABILITY INSURANCE RVR cF DATE(MM/DD/YYYY) SERVR-1 05/04/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE First Iowa Insurance Agency HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4201 Glass RD NE, PO Box 997 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cedar Rapids IA 52406-0997 • Phone: 319-393-5262 Fax:319-393-3161 INSURERSAFFORDING COVERAGE NAIC# INSURED INSURER A: United Fire & Casualty Co. 13021 INSURER B. Service Roofing Company INSURER C --- —_"- PO Box 818 INSURER D: Waterloo IA 50704-0818 INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INOtt AUL)L POLICY EFI- CIIVE POLICYEXI-INA1ION LTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDM') DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 60345390 04/01/09 04/01/10 PREMISES(Ea ccuence) _ $ 100,000 _ CLAIMS MADE X OCCUR MED EXP(Any one person) $ 5,000 A X Contractual ONLY As Pen ISO #c000o1 PERSONAL&ADV INJURY $ 1,000,000 A X Fellow Empl Cov GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X JECOT LOC PD Ded. 2,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO 60345390 04/01/09 04/01/10 (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1,0 0 0,0 0 0 A X OCCUR CLAIMSMADE 60345390 04/01/09 04/01/10 AGGREGATE $ 1,000,000 DEDUCTIBLE X RETENTION $10,000 $ WORKERS COMPENSATION AND X TORY LIMITS WC,SIAIU- OER EMPLOYERS'LIABILITY A 60345390 04 ANY PROPRIETOR/PARTNER/EXECUTIVE /01/09 04/01/10 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER A Leased/Rented Equi 60345390 04/01/09 04/01/10 Limit/Ded 50000/2500 A Installation Fltr 60345390 04/01/09 04/01/10 Limit/Ded 400000/1000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Center for the Arts 2009 Roof Project CERTIFICATE HOLDER CANCELLATION CITY051 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN City of Waterloo NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: Louis Cutwright, Jr. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 715 Mulberry Street Waterloo IA 50703-5783 REPRESENTATIVES. ED R RFrSLENTAyI�E ACORD 25(2001/08) '�rLA- ©ACORD CORPORATION 1988