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HomeMy WebLinkAboutFORM OF CONTRACT FORM OF CONTRACT CT FOR THE CONSTRUCTION OF CONTRA TRAIL F.Y. 2007 CYCLONE DRIVE&TITAN CITY OF WATERLOO, IOWA CONTRACT NO. 727 �rfay of 20d7, by and c� made and entered into this —d ion, (hereinafter referred to This contractMunicipal Corp°rat between the City of Waterloo, Iowa, a as City), and K. CUNNINGHAM CONSTRUCTION CO. INC. of Cedar Falls, Iowa, WITNESSETH: CYCLONE F•Y. 2007 hereinafter referred to as Contractor), and construct the urnish all necessary ( agrees to CO 727 and f Contractor TRAIL CONTRACT NO• to do all the work called BAR DRIB, equipment, and labor necessary like manner a for e ui mest,and specifications workmanship like andby the tools, q p s ecifications ►nro proposal, which was for in the plans p art of this contract. the pricesad setc forth in understood and agreed to be a P City, and which is by the City Council improvement, the Notice City Council understood and agreed that the resolution adopted of Proposal, PAR. 2 It is the Form the ordering the construction of thto►Bidders, s relating to rs as Construction the instruction the Council Proceeding published, and Maintenance Bonds, Specifications shall all be consideredas thismatter, h they were each set out this and the Plans and same as though forming a part of the contract the in said contract. cost expense, all agrees to furnish at its Work and and construct said The Contractorc and in labor for said lens PAR 3 necessary is inra thorough,and substantial, and workmanlike mact, and nner, the p n improvements in a itrequirements of this contend to the of thefa plans strict accordance with the a part hereof by reference, tion and specifications ►�► eng►neer. and approval of the City and itsimprovements to perform said work and in tallty l said which has been Tohe the terms agrees p rO osal to art often PAR. 4 set out in bid or proposal reference made a p a terms the City and which is by is accepted by contract. PAGE 1 OF 5 PAGES FORM OF 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, 2007 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. 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. FORM OF CONTRACT PAGE 2 OF 5 PAGES 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. 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 $374,342.20. FORM OF CONTRACT PAGE 3 OF 5 PAGES 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 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. FORM OF CONTRACT PAGE 4 OF 5 PAGES CITY OF WATERLOO, IOWA Mayor Ca-0,t-41— City Clerk / I6/4/A.),.�+ law) (QrvS� i tcG�ivn� �i r -L v C Contractor Title: it e s:d 44) Approved by the City Council of the City of Waterloo, Iowa, this 'PG/ day of ?hq y , 200. ATTEST. rd-N2j. , City Clerk Waterloo, Iowa FORM OF CONTRACT PAGE 5 OF 5 PAGES PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, K. CUNNINGHAM CONSTRUCTION CO., INC., of Cedar Falls, Iowa, (hereinafter called the Principal), and United Fire & Casualty Company of 118 Second Avenue SE, Cedar Rapids IA 52401 (hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter called the Obligee), in the penal sum of Three Hundred Seventy-Four Thousand Three Hundred Forty-Two and 20/100 Dollars ($374,342,20 ), 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 day of , 20_, enter into a written contract with the City of Waterloo, Iowa, for the construction of F.Y. 2007 CYCLONE DRIVE/TITAN TRAIL, CONTRACT NO. 727, 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 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. FORM OF BOND PAGE 1 OF 2 PAGES 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 one (1) year 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 day of , 20 3-r K. Cunningham Construction Co. , Inc. Principal ti By: United Fire & Casualty Company Surety r�c F Attorney-in-Fact ! Nancy k . Schwarz FORM OF BOND PAGE 2 OF 2 PAGES PAYMENT BOND Bond Number 54-166610 KNOW ALL MEN BY THESE PRESENTS: that K. Cunningham Construction Co. , Inc. (Name of Contractor) 1025 Center Street, Cedar Falls IA 50613 (Address of Contractor) a Corporation ,hereinafter called Principal, (Corporation,Partnership or Individual) and United Fire & Casualty Company (Name of Surety) 118 Second Avenue SE, Cedar Rapids IA 52401 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) (Address of Owner) Three Hundred Seventy-four Thousand Three Hundred hereinafter called OWNER,in the penal sum ofForty-two & 20/100tI ollars, $(374,342.20-j- in lawful money of the United States, for the payment of which sum well and truly to be made, vve bind ourselves, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas,the Principal entered into a certain contract with the OWNER, dated the day of 20 ,a copy of which is hereto attached and made a part hereof for the construction of: F.Y. 2007 Cyclone Drive/Titan Trail, Contract No. 727 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof,including all amounts due for materials, lubricants, oil, gasoline, coal and coke,repairs on machinery, equipment and tools,consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. • PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in 3 counterparts,each one of (number) which shall be deemed an original, this the day of 20 AT TEST: K. Cunningham Construction Co. , Inc. Principal (Principal)Secretary (SEAL) By (s) 1025 Center Street, Cedar Falls IA 50613 (Address) - (—Y -( .0 Witness as to Principal (Address) United Fire & Casualty Company Surety A3TEST: By , rtltr)at tt rney,in-Fict Natic D. Schwarz Y 1L -L ( A.\i�t� 4200 UniversityAvenue 2 Witness as to Sur �� 00 (Address) 4200 Univers ty Avenue #200 West Des Moines IA 50266 (Address) West Des Moines IA 50266 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership,all partners should execute BOND. UNITED FIRE & CASUALTY COMPANY HOME OFFICE -CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company-See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint F. MELVYN HRUBETZ, OR GREG T. LA MAIR, OR JOYCE 0. HERBERT, OR NANCY D. SCHWARZ, OR MARK E. KEAIRNES, OR PATRICK K. DUFF, OR JEFFREY R. BAKER, OR JOSEPH I SCHMIT, ALL INDIVIDUALLY of WEST DES MOINES IA its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,undertakings and other obligatory instruments of similar nature as follows: Any and Al 1 Bonds and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY. This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by Board of Directors of the Company on April 18, 1973. "Article V-Surety Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys-in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice Presidert, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. , 1USt�!,"tio itsIN WIT preS sident d WHEREOs core UNITED rate seal FIRE to beE &h CASS affixed t COMPANY has caused the:.e_presents to be signed by his 2nd day of April , �O7 CORPORATE V: °z —•- r= UNITED FIRE & CASUALTY COMPANY SEAL ` State of Iowa, County of Linn, ss: Vice President On 2nd day of April , 2007, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. '1 t MICHELLE WILSON ^ ^ • o' i COMMISSION NUMBER 704745 '" Y 1 • • MY COMM 44SSION EXPIRES ow• —7 — hl - 04 Notary Public I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. ,,,,' r,2 In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company Sew ` this day of 20 CORPORATE j 5Z -•- 1� SEAL Secretary B O N D00190706