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HomeMy WebLinkAboutTrans-Iowa Equipment, Inc-8/16/2010THIS AGREEMENT, made as of BY AND BETWEEN the OWNER: And the CONTRACTOR: Form of CONTRACT AGREEMENT (p is 35 WITNESSETH: WHEREAS it is the intent of the Owner to purchase equipment for the generally described as follows; (Snow Removal Equipment (SRE) Carrier Vehicle with Front -Mounted Sweeper) hereinafter referred to as the Project. NOW THEREFORE in consideration of the mutual covenants hereinafter set forth, OWNER and CONTRACTOR agree as follows: Article 1 - Work It is hereby mutually agreed that for and in consideration of the payments as provided for herein to the CONTRACTOR by the OWNER, CONTRACTOR shall faithfully fumish all necessary labor, equipment, and material and shall fully perform all necessary work to complete the Project in strict accordance with this Contract Agreement and the Contract Documents. Article 2 — Contract Documents CONTRACTOR agrees that the Contract Documents consist of the following: this Agreement, General Terms and Conditions, Supplementary Provisions, Technical Specifications and Drawings, all issued addenda, Notice -to -Bidders, Instructions -to -Bidders, Proposal and associated attachments, Required Bonds, Insurance certificates, documents incorporated by reference, documents incorporated by attachment, and all OWNER authorized change orders issued subsequent to the date of this agreement. All documents comprising the Contract Documents are complementary to one another and together establish the complete terms, conditions and obligations of the CONTRACTOR. All said Contract Documents are incorporated by reference into the Contract Agreement as if fully rewritten herein or attached thereto. AECOM Project No. 60148316 CA -1 Snow Removal Equipment (Carrier Vehicle with Front -Mounted Sweeper) Waterloo Regional Airport Article 3 — Contract Price In consideration of the faithful performance and completion of the Work by the CONTRACTOR in accordance with the Contract Documents, OWNER shall pay the CONTRACTOR an amount equal to: $ Five -Hundred Eighty -Five Thousand Dollars and no/100 ($ 585.000.00 ) (Amount in Written Words) (Amount in Numerals) subject to the following; a. Said amount is based on the schedule of prices and estimated quantities stated in CONTRACTOR'S Bid Proposal, which is attached to and made a part of this Agreement b. Said amount is the aggregate sum of the result of the CONTRACTOR'S stated unit prices multiplied by the associated estimated quantities; Article 4 — Payment Upon the completion of the work and its acceptance by the OWNER, all sums due the CONTRACTOR by reason of faithful performance of the work, taking into consideration additions to or deductions from the Contract price by reason of alterations or modifications of the original Contract will be paid to the CONTRACTOR by the OWNER after said completion and acceptance. The acceptance of final payment by the CONTRACTOR shall be considered as a release in full of all claims against the OWNER, arising out of, or by reason of, the work completed and materials fumished under this Contract. OWNER shall make progress payments to the CONTRACTOR in accordance with the terms set forth in the General Terms and Conditions. Article 5 — Contract Time The CONTRACTOR agrees to commence work within ten (10) calendar days of the date specified in the OWNER'S Notice -to -Proceed. CONTRACTOR further agrees to complete said work within of the commencement date stated within the Notice -to -Proceed. It is expressly understood and agreed that the stated Contract Time is reasonable for the completion of the Work, taking all factors into consideration. Furthermore, extensions of the Contract Time may only be permitted by execution of a formal modification to this Contract Agreement in accordance with the General Terms and Conditions and as approved by the OWNER. Article 6 — Liquidated Damages The CONTRACTOR and OWNER understand and agree that time is of essence for completion of the Work and that the OWNER will suffer additional expense and financial loss if said Work is not completed within the authorized Contract Time. Furthermore, the CONTRACTOR and OWNER recognize and understand the difficulty, delay, and expense in establishing the exact amount of actual financial loss and additional expense. Accordingly, in place of requiring such proof, the CONTRACTOR expressly agrees to pay the OWNER as liquidated damages the non -penal sum of per day for each calendar day required in excess of the authorized Contract Time. Furthermore, the CONTRACTOR understands and agrees that a. the OWNER has the right to deduct from any moneys due the CONTRACTOR, the amount of said liquidated damages; AECOM Project No. 60148316 CA -2 Snow Removal Equipment (Carrier Vehicle with Front -Mounted Sweeper) Waterloo Regional Airport b. the OWNER has the right to recover the amount of said liquidated damages from the CONTRACTOR, SURETY or both. Article 7 — CONTRACTOR'S Representations The CONTRACTOR understands and agrees that all representations made by the CONTRACTOR within the Proposal shall apply under this Agreement as if fully rewritten herein. Article 8 — CONTRACTOR'S Certifications The CONTRACTOR understands and agrees that all certifications made by the CONTRACTOR within the Proposal shall apply under this Agreement as if fully rewritten herein. Article 9 — Miscellaneous a. CONTRACTOR understands that it shall be solely responsible for the means, methods, techniques, sequences and procedures of manufacturer in connection with completion of the Project Work; b. CONTRACTOR understands and agrees that it shall not accomplish any work or fumish any materials that are not covered or authorized by the Contract Documents unless authorized in writing by the OWNER or ENGINEER; c. The rights of each party under this Agreement shall not be assigned or transferred to any other person, entity, firm or corporation without prior written consent of both parties; d. OWNER and CONTRACTOR each bind itself, their partners, successors, assigns and legal representatives to the other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Article 10 — OWNER'S Representative The OWNER'S Representative, herein referred to as ENGINEER, is defined as follows: <i; =u :?els Said ENGINEER will act as the OWNER'S representative and shall assume all rights and authority assigned to the ENGINEER as stated within the Contract Documents in connection with the completion of the Project Work. AECOM Project No. 60148316 CA -3 Snow Removal Equipment (Carrier Vehide with Front -Mounted Sweeper) Waterloo Regional Airport IN WITNESS WHEREOF, OWNER and CONTRACTOR have executed five (5) copies of this Agreement on the day and year first noted herein. OWNER Name: City of Waterloo Address: 715 Mulberry Street Waterloo. Iowa 50703 CONTRACTOR Name: Trans — Iowa Equipment, Inc. Address: 4607 SE Rio Court Ankeny, Iowa 50021 le of Rearbsentetive Signature `` �n Title of Representative ATTEST By: Si. at Title AECOM Project No. 60148316 CA -4 Snow Removal Equipment (Carrier Vehide with Front -Mounted Sweeper) Waterloo Regional Airport