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