The URL can be used to link to this page

Home My WebLink AboutFreedom Buildings contract - 11.15.2021 Freedom Buildings Inc. Contract (Labor and Material) Initial This("Contract")is entered into this 15thday of November,2021,by and between City of Waterloo("Owner"),and Freedom Buildings Inc.,of Belle Plaine,IA("Contractor"),and together("Parties") 1.The Work Contractor agrees to perform,and Owner agrees to accept upon satisfactory completion,the work described below("Work") subject to the terms and conditions stated herin: Supply and install,complete with all the required components,a BriteSpan Atlas 651,10;65x224.;set on concrete piers 2' above grade(pier foundation provided by the customer and are not included in this contract). Both ends open. Upgrades for HDG blots,purlins,and stainless steel cables. Inside the building will be 8'6"Weiser precast Walls,and an additional divider wall-freight and setting is included. Stamped drawings for structure and foundation are included. Work shall be performed in accordance with attached documents,which have been initialed by Contractor and Owner. 2,Contract Price Owner agrees to pay to Contractor for the completed Work including Labor and Material the sum of$252,166.30.Amount may be adjusted by additions to and deletions from the Work,only if agreed upon by the Parties in writing. 3.Payment Terms Payment of the Contract Price shall be made as follows: The Contract price$252,166.30(100%)upon satisfactory completion and acceptance of Work.Payments due and unpaid here under shall bear interest from the date payment is due at the rate of 1.5%per month or maximum allowed under the laws of state of Iowa;the smaller amount governs. 4.Insur—an ce Contractor shall secure and maintain a policy of commercial general liability insurance with coverage limits that are customary for the type of Work being performed. Owner shall secure and maintain policies of property and general liability insurance upon completion of project the Contactors builders risk insurance coverage will terminate the day that the project is completed.The Parties waive all rights against each other and any of their agents and employees for damages caused by the other to the extent such damages are covered by any of the insurance policies required herin. S.CCUmpletion of Work Contractor shall complete the Work in a professional and workman like manner according to contract.If the progress of the Work is delayed by inclement weather,delays in delivery of material,acts of God or other casualties or causes beyond Contractor's control then the time to commence and/or complete the Work herein shall be extended accordingly. 6.Indemnification Contractor shall indemnify and hold harmless the Owner,it's agents and it's employees from and against any claims damages, losses and expenses,arising out of or resulting from the performance of Work,but only to the extent caused solely by the negligent acts of omissions of Contractor,its subcontractors or anyone directly employed by Contractor. 7.Warranty Owner agrees to look exclusively to the manufacturer for any warranties covering the manufacturer for any warranties covering the materials(including,but not limited to,any design and engineering requirements of the materials)used in the performance of the Work,Contractor makes no warranty express or implied,regarding the materials or the design and engineering requirements of the materials,including any warranty of merchantability of fitness for a particular purpose or use which are hereby expressly disclaimed by contractor.Owner agrees to complete any warranty registration cards required in order to activate any manufactures'warranties,and to deliver the completed warranty registration cards to the Manufacturer upon completion of the Work.Contractor warrants only that its labor will be of good quality and workmanship and free of defects For a period of one(1)year from completion of Work. 8.Remedy If Contractor breaches Contractor's Labor warranty as set forth above,or if Contractor breaches this Contract,Owner's sole remedy against Contractor shall be the repair or replacement of the defective Work,at Contractor's option.Notwithstanding anything to the contrary herein, unless otherwise coverd under number 4 above titled Insurance,under no circumstances shall Contractor be liable to Owner,or to anyone else,for any costs or damages,including without limitation,any incidental,indirect,specific or consequential damages of any kind,resulting from Contractor's breach of warranty,or breach of this agreement,or from Contractor's negligence or other actions or failure to act,including without limitation,costs or damage resulting from defects in the Work.This part is not meant to nullify rights under laws,regulations,or ordinances. 508 3rd St Telephone:31.9.777.8093 Freedom Buildings Inc. Belle Plaine,]A 52208 www.freedom6uildings.us 9.Permits Owner shall obtain and pay for the building permit and any other permits and governmental fees,licenses and inspections necessary for proper execution and completion of work. 14.Condition of Site Owner shall provide Contractor with the necessary information regarding the condition of the site prior to commencement of construction,including surveys,soil reports and information regarding underground utilities,tanks or other buried equipment or obstructions,Contractor shall not be responsible for damage to underground utilities,tanks or other buried equipment or obstructions not disclosed to Contractor prior to commencement of the Work.Owner shall be responsible for any additional cost incurred due to underground obstructions and,or other construction problems not visible at Site.Site must be level and free of debris prior to construction. Contractors shall be responsible to contact Iowa One-Call for locatoin of underground utilities. 11.Concrete Poutidatians Contractor will not be liable for pre-existing concrete conditions,defects in concrete foundations,or any damages or claims caused by concrete foundations designed,installed or completed by other contractors. 12.Use of Si Owner shall provide Contractor with access to the site for purposes of performing the Work. 13.Cleaning Un Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work,Customer shall be responsible for disposal. 14.Applicable Law It is further understood and agreed that no promise,inducement,or agreement between the parties;that the terms are contractual and not a more recital:and that this Contract shall be construed according to the law of the State of Iowa.In the event itbecomes necessary to resort to a court of law or equity for the interpretation or enforcement of any of the provisions of the Agreement,the parties consent and agree that the Iowa District Court in and for Blackhawk County shall have jurisdiction over them. 15.Contract Derault In the event of Owner default on payment obligation according to the terms,Contractor can collect reasonable attorney fees relating to collection of unpaid balance. In the event Contractor defaults it's obligations under the terms of Contract,Owner can 16.Entire Agreement This Contract,together with attached Documents constitute the entire agreement between the Contractor and the Owner with respect to the Work.The Contract may be amended or modified only by writing signed by both of the parties. Owner: Contractor: City of Waterloo Freedom Buildings Inc. Mailing Address 508 3rd Street 625 Glenwood St. Belle Plaine,IA 52208 Waterloo,IA 50703 Site Address(if Different) Phone 319-291-4301 Phone 319.777,8093 Date 11/15/2021 Date x signature attire 508-3rd St Telephone:319.777.8093 Freedom Buildings Inc. Belle Plaine,IA 52208 www.freedombuildings.us Freedom Buildings Inc. Attach building sketch,end wall profile(s),orginal estimate w/details,and pricing. Date 11/10/2021 Maim White Job Name City of Waterloo Flaps: White Ends: White Apron: White Steel: N/A Trim: N/A GZH Initial 1 understand that warranty paperwork will not be processed until final invoice is paid in Full I will take warranty pictures and submit them myself 0H I want Freedom Buildings Inc.to come out and take warranty pictures(+$300) 0 j I agree to let Freedom Buildings,Inc.to use photos/videos of my building in promotional media GZH Initial Freedom Buildings Inc. 508 3rd St Telephone:31.9.777.8093 Belle Plaine,IA 52208 www.freedombuildings.us