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HomeMy WebLinkAboutCONTRACT - KWS INC - RESOLUTION 2007-700 e ° 67 XVill. FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF TRAFFIC SIGNAL MODIFICATIONS AIRPORT BLVD AND WESTBOUND BROADWAY ST DIVISION 1: CS-TSF-8155(691)-85-07 AIRPORT BLVD AND EASTBOUND BROADWAY ST DIVISION 2: CS-TSF-8I55(693)-85-07 DUBUQUE RD AND IDAHO ST DIVISION 3: CS-TSF-8155(692)-85-07 In the City of Waterloo, Iowa Black Hawk County This contract made and entered into this dd ' day of 4,9415 f ,200Z,by and between the City of Waterloo,Iowa, a Municipal Corporation, (hereinafter referred to as City), and k c..; `3 r . of C., , L.P - , (hereinafter referred to as Contractor),WITNESSETH: PAR. 1 Contractor agrees to build and construct the AIRPORT BLVD AND WESTBOUND BROADWAY ST, AIRPORT BLVD AND EASTBOUND BROADWAY ST, AND DUBUQUE RD AND IDAHO ST signal improvements, 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. 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. FORM OF CONTRACT PAGE 1 OF 5 PAGES J:12006,projects\106.07761Correspondence\Specs\ vlll FORM OF CONTRACT.doc 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, 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 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 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. FORM OF CONTRACT PAGE 2 OF 5 PAGES J:12006_projects1106.07761Correspondence\Specs\XVIII FORM OF CONTRACT.doc 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$ % 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 FORM OF CONTRACT PAGE 3 OF 5 PAGES J:12006_projects1106.0776\CorrespondencelSpecs\XVIII FORM OF CONTRACT.doc "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. CITY OF WATERLOO,IOWA Mayor City Clerk (- S, . Contractor BY: ,�µ, i - Title: FORM OF CONTRACT PAGE 4 OF 5 PAGES J:12006_projects1106.07761Correspondence\Specs\XVIII FORM OF CONTRACT.doc Approved by the City Council of the City of Waterloo,Iowa, this -?o 44' day of /dusk S r- ,2002. A IMS I:�� , City Clerk Waterloo, Iowa FORM OF CONTRACT PAGE 5 OF 5 PAGES J:12006 projects1106.07761CorrespondencelSpecs\XVIII FORM OF CONTRACT.doc Bond #54-164328 XIX. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, 144S, Inc. of Box 96, Cedar Falls, IA. 50613 (hereinafter called the Principal),and United Fire & Casualty Company of P. 0. Box 73909, Cedar Rapids, IA. 52407 (hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter called the Obligee),in the penal sum of Two Hundred Eighty Six Thousand Four Hundred Ninety Dollars & No/100 Dollars(S 286,490.00---), 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 TIES OBLIGATION is such that, WHEREAS the above bounden Principal did, on the day of 20 07 , enter into a written contract with the City of Waterloo,Iowa,for the construction of Airport Blvd and Westbound Broadway St, Airport Blvd and Eastbound Broadway St, aid Dubuque Rd and Idaho St Signal Improverrpnts 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, funs 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 b e-void-and-ofnc-effect,otherwise to i ell axn n force and a ecf:—-- --�-- -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. FORM OF CONTRACT PAGE 1 OF 2 PAGES J:12006_projects\106.07761Corresponderte \SpersVIX PERFORMANCE BOND.doc 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 16th day of August ,2007 KJS, Inc. Principal By:_94,$4, United Fire & Casualty Compan• sEAL Surety ``A By. - L , Attorney-in-Fact Sco Poppens FORM OF CONTRACT PAGE 2 OF 2 PAGES J'\2006_projects1106.Ofl6 Correspondence\Specs\XIX PERFORMANCE BOND.doc 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 SCOTT POPPENS, OR MARY KAMMEYER, OR SUSAN MEYERHOFF, OR RICHARD ARENHOLZ, OR MATTHEW ARENHOLZ, ALL INDIVIDUALLY of WATERLOO 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 All 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 shall expire 19th day of July, 2008 unless sooner revoked. 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 President, 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. `„btutuyq,�i IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by '. < , its vice president and its corporate seal to be hereto affixed this 19th day of July, 2006 CORPORATE ?Z —•— z'- UNITED FIRE &CASUALTY COMPANY SEAL •Ce�` ;` By �2/+-�/w..oa►- State of Iowa, County of Linn, ss: Vice President On 19th day of July, 2006, 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. L MICHELLE 4, i COYYI88fON NUMBEReER 70 7U4745 • • MY COMMISSION EXPIRES ow• 7 — 11l - oQ 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. ,.1�`$�; "�f.,, In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company this 16th day of August 20 07 . fis CORPORATE r � 3z —•— 'c g� SEAL `",7 1 1 R=3````` Secretary BOND00140706