FORM OF AGREEMENT BETWEEN CONSTRUCTOR AND OWNER

Similar documents
CONTRACT. This agreement, made and entered into this day of, 2013, in Reno, Nevada, by and between the City of Reno, hereinafter called the City, and

PERFORMANCE BOND. Surety Bond No. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF

Bid Addendum #1 Bid # 13/14-01FA: Furniture and Equipment Bid Issued March 19, 2014

LAND IMPROVEMENT AGREEMENT

September 16, 2016 CCTA Contract No. 427 Caltrans Contract No. 04-4H1604 Balfour Interchange Project

Yurok Tribe Planning and Community Development Klamath, California. Yurok Justice Center Bid Documents EXHIBIT B: BID FORM

THIS CONTRACT is executed as of this day of, 2017, effective as of October 1, 2017 (the Effective Date ), by and between the CITY OF

CONTRACT FORM CONTRACT #

CONTRACT AND BOND FORMS FOR

Invitation to Bid. FUNDING: The project shall be funded entirely with County funds, and shall be governed by strict guidelines for use of funds.

EXHIBIT WARRANTY BOND. (Address), hereinafter called Principal, and

EXHIBIT F-1 (I) FORM OF DESIGN-BUILD LETTER OF CREDIT VIRGINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, VA ATTN: [ ]

BOND FOR FAITHFUL PERFORMANCE

CITY OF RICHMOND PERFORMANCE BOND

F O R M OF P R O P O S A L

BUILDING PERMIT PERFORMANCE AND MAINTENANCE BOND (Owner and/or Contractor Form)

EXHIBIT VIII-N PERFORMANCE AND PAYMENT BONDING REQUIREMENTS

ATTACHMENT B: SAMPLE CONTRACT (AGREEMENT)

WEST BOYLSTON MUNICIPAL LIGHTING PLANT 4 Crescent Street, West Boylston, Massachusetts Telephone (508) Fax (508)

CITY OF PETALUMA. POST OFFICE Box 61 PETALUMA, CA ADDENDUM NO. 1. AIRPORT PREVENTIVE MAINTENANCE RAMP CRACK SEAL City Project No.

BOND FOR FAITHFUL PERFORMANCE

CONTRACT DOCUMENTS SPECIFICATIONS. for RAILROAD AVE. AND MAIN STREET TRAFFIC SIGNAL UPGRADE CITY OF FORT MORGAN, COLORADO.

OHIO DEPARTMENT OF TRANSPORTATION

EXCAVATION BOND. To Cover Excavations on Property and Highways Belonging to Salt Lake County. THAT, we,, as Principal,

EXHIBIT CONSTRUCTION CONTRACT BOND

Newark Unified School District 5715 Musick Ave., Newark, California Telephone (510) ; FAX (510)

NOTIFICATION OF ADDENDUM ADDENDUM NO. 2 DATED 11/05/2018

QUOTE DOCUMENTS FOR CALLANAN GYM FLOOR REPLACEMENT center Street. Des Moines, Iowa QUOTE # Q7088

Sunnyside Valley Irrigation District

Contract for St. Johns County School Board Osceola Elementary School Classroom Expansion

QUOTE DOCUMENTS FOR KING PARKING EXPANSION Forest Avenue. Des Moines, Iowa QUOTE # Q6747. Owner

FORM 31 LABOUR AND MATERIAL PAYMENT BOND UNDER SECTION 85.1 OF THE ACT Construction Act

RULES OF DEPARTMENT OF REVENUE VEHICLE SERVICES DIVISION CHAPTER TITLE BONDS TABLE OF CONTENTS

FORM 32 PERFORMANCE BOND UNDER SECTION 85.1 OF THE ACT Construction Act

BID: Escanaba WWTP Digester Roof Restoration

Tender Security Form

C. Public-private partnership construction contracts. (a) Definitions for purposes of this section: (1) Construction contract.

FORM A: PROPOSAL (See B11) 1. Contract Title TRANSIT BUS MAINTENANCE AND REPAIR GARAGE EXPANSION DESIGN BUILD PROJECT

<CONTRACT TITLE> <Hwy No.> CONTRACT FORMS 1. CONTRACT FORMS 1.1 CONTRACT

Termination for Default,

UNIVERSITY OF KENTUCKY CAPITAL CONSTRUCTION PROCUREMENT SECTION PAYMENT BOND

SUBDIVISION AGREEMENT

Proposal for Bidding Purposes

SUBDIVISION IMPROVEMENT AGREEMENT. (Date of Subdivision Map Recordation: )

ATTACHMENT NO. 1 BIDDER S PROPOSAL ACKNOWLEDGEMENT

The Electrical Contractor s Guarantee Bond Regulations, 1988

Invitation for Informal Bid (IFIB) Summary. 3. Exhibit A Proposal / Bid Forms.. 7. Agreement. 12. Payment Bond 14. Performance Bond 17

Special Provisions. Special Instructions to Bidders. Instructions to Bidders. General Conditions

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF HOLLYWOOD, FLORIDA, AUTHORIZING THE

Subcontractor's Application for Payment (K201)

AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

Commercial Carpet Replacement

CITY OF FREDERICK, MARYLAND PERFORMANCE BOND

PROPOSAL BOND FOR DESIGN-BUILD PROJECTS SAMPLE. Document No. 610 First Edition, 2015 Design-Build Institute of America Washington, D.C.

CITY OF GAINESVILLE REQUEST FOR PROPOSAL

CITY OF OLATHE. Please type or print. PROPERTY OWNER NAME (PERMIT HOLDER): OWNER AGENT: ADDRESS: CITY: STATE: ZIP:

FINAL RELEASE OF CONSTRUCTION LIEN RIGHTS

AGREEMENT 4 pages. SPECIFICATION 1 page. LABOR & MATERIALS 4 pages. PERFORMANCE BOND 4 pages

WHEREAS, there is a need to replace the existing roof on the meter shop building located at 1715 N. 21St Avenue; and

ON-CALL EMERGENCY CONSTRUCTION CONTRACT AGREEMENT IN THE CITY OF CALABASAS, CALIFORNIA

City of Malibu Stuart Ranch Road Malibu, California Phone (310) Fax (310)

WEST VIRGINIA STATE TAX DEPARTMENT Revenue Division SAMPLE COLLECTION AGENCY BOND. (1) That we, (Principal): (2) Address:

ROGERS CORPORATION - TERMS AND CONDITIONS OF PURCHASE

ABC UNIFIED SCHOOL DISTRICT Notice Calling for Bids ABC-1325 E-Rate Equipment INSTRUCTIONS FOR BIDDERS

~,!'( ~UJ ' (Name/Department) Documen~ to: COUNTY OF KANE. - ' AWCihilili;s.~ f?/;;-t/;s ' No_, '_...;.'" """ YES ---- I j

Bond No. GAS AND OIL DRILLING AND OPERATING BLANKET SURETY BOND KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED. , Name of Corporation Permittee)

I-11 BOULDER CITY BYPASS DESIGN-BUILD PROJECT FINAL REQUEST FOR PROPOSALS NO A INSTRUCTIONS TO PROPOSERS EXHIBIT E PRICE PROPOSAL FORMS

13 14 Legal Name of Principal Signature Printed Name of Person Signing Title of Person Signing Name of Surety

00400 BID FORMS AND SUPPLEMENTS

INVITATION TO BID (ITB) LARIMER COUNTYCOLORADO 200 W. OAK ST., SUITE 4000 FORT COLLINS, COLORADO

ALASKA MORTGAGE LICENSEE SURETY BOND

DEVELOPMENT CONTRACT FOR PUBLIC IMPROVEMENTS. WHEREAS,, (the Developer ), whose. business address is, is the owner and developer of

Administrative Report

TOWN OF LABRADOR CITY FORM OF TENDER TLC RESIDENTIAL GARBAGE COLLECTION CONTRACT TENDER OF ADDRESS TELEPHONE NUMBER

Proposal must provide warranty for all material and construction. See the specifications on the building.

RIGHT OF WAY OR OTHER TOWN PROPERTY STANDARD FORM

INSTRUCTIONS FOR LICENSE APPLICATIONS PORT OF PASCAGOULA, MISSISSIPPI

SAMPLE CIGARETTE TAX CREDIT PURCHASE BOND

GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE. between the City of and

APPROVED FOR THE CITY ENGINEER BY BOND CONTROL

Table of Contents SE-310, Invitation for Construction Services... 1

Cherokee County Board of Commissioners

TOURISM PROMOTION AGREEMENT

PERFORMANCE BOND FOR DESIGN-BUILD PROJECTS SAMPLE. Document No. 620 First Edition, 2015 Design-Build Institute of America Washington, D.C.

CERTIFICATE. Final. Upon. Instructions: letterhead. Page 1 of 3. CDC Documents. Revised 1/22/2018

E&S PERFORMANCE BOND

CONSIGNMENT AGREEMENT - FINE JEWELRY

SIDEWALK CONSTRUCTION PARTICIPATION AGREEMENT

CONTRACT STATE OF SOUTH CAROLINA COUNTY OF GEORGETOWN

Tiffany Strine SECRETARY Sealed Proposals will be received on or before 8:30 A.M. on the above Letting Date West Canal Road TIME

In replevin actions service of process may be made as provided by Rule 54. (Adopted April 4, 1977, effective December 1, 1977).

PAYMENT BOND FOR DESIGN-BUILD PROJECTS SAMPLE. Document No. 625 First Edition, 2015 Design-Build Institute of America Washington, D.C.

SAMPLE SUBCONTRACTOR S PAYMENT BOND FOR DESIGN-BUILD PROJECTS. Document No. 635 First Edition, 2015 Design-Build Institute of America Washington, D.C.

BEFORE THE DEPARTMENT OF CORPORATIONS OF THE STATE OF CALIFORNIA EXHIBIT B BOND OF FINANCE LENDER AND/OR BROKER FINANCIAL CODE SECTION 22112

PROPOSAL & CONTRACT (THIS PROPOSAL INCLUDES (WHEN EXECUTED)

County of Kane Office of County Board Kane County Government Center. DOCUMENT VET SHEET for Karen McConnaughay Chairman, Kane County Board

1. Developer is a(n) individual partnership corporation, doing business in Tarrant County, Texas, whose address is

CITY OF PROSSER REQUEST FOR PROPOSAL. To Provide. On Call Electrical Services. Located at: TH STREET PROSSER, WASHINGTON 99350

Request For Proposals Hwy 124 E ADA Door Opener Hallsville City Hall

RECEIVED AT WHICH TIME BIDS

Transcription:

FORM OF AGREEMENT BETWEEN CONSTRUCTOR AND OWNER This AGREEMENT made the Day day of MONTH in the year Two Thousand Fourteen BY AND BETWEEN CONSTRUCTOR, hereinafter called the, and the Board of Regents, State of Iowa, hereinafter called the Owner, on behalf of The University of Iowa, WITNESSETH, that the and the Owner for the considerations hereinafter named agree as follows: Article 1. Scope of the Work - The shall furnish all of the materials and perform all of the Work shown on the Drawings and/or described in the Specifications entitled: PROJECT TITLE PROJECT # prepared by A/E FIRM, acting as and, in these Contract Documents entitled, the Design Professional. The shall do everything required by this Agreement, and the Contract Documents for the completion of the Contract. Article 2. Commencement and Completion of Work - The work to be performed under this Agreement shall be completed in CALENDAR DAYS calendar days from the commencement of the Contract Time. It is agreed that the Contract Time is of prime importance and of the essence of this Agreement and that failure to complete the Work on schedule will cause the Owner to sustain substantial damages. The Contract Time will, however, be extended in the event of occurrence of any conditions described in Paragraph 8.3 of the General Conditions of the Contract. (OR) Article 2. Commencement and Completion of Work - The work to be performed under this Agreement shall be completed by COMPLETED BY. It is agreed that the Contract Time is of prime importance and of the essence of this Agreement and that failure to complete the Work on schedule will cause the Owner to sustain substantial damages. The Contract Time will, however, be extended in the event of occurrence of any conditions described in Paragraph 8.3 of the General Conditions of the Contract. Article 3. The Contract Sum - The Owner shall pay the for the performance of the Contract, subject to additions and deductions provided therein, in current funds the NET CONTRACT SUM indicated below: BASE PROPOSAL Alternate No. 1 Alternate No. 2 BASE PROPOSAL ALTERNATE ALTERNATE NET CONTRACT SUM NET SUM

Article 4. Progress Payments - The Owner will make partial progress payments to the not more than once a month on the basis of a certified estimate of the work performed and material satisfactorily stored, the value of which is substantiated by vendors' priced invoices, as set forth in the General Conditions of the Contract. Payments will be made without retention until ninety-five percent of the contract amount has been paid. The Owner will withhold the remaining five percent of the contract amount until final payment consistent with the provisions of Chapters 262 and 573 of the Code of Iowa. Article 5. Acceptance and Final Payment - Final payment of the remaining portion of the contract will be made thirty days after fulfillment of all requirements of the Contract Documents and acceptance by the Board of Regents, State of Iowa, provided no claims have been filed against payments due the. Article 6. The Contract Documents - This instrument, together with the documents enumerated below, form the Contract, and they are as fully a part of the Contract as if hereto attached: 1. Advertisement for Bids 2. Instructions to Bidders 3. Addendum(a) Numbers _ADDENDUM_ 4. Form of Bid for Construction Contract 5. Targeted Small Business Participation Form 6. Notice of Award 7. Contract Performance and Payment Bond 8. General Conditions 9. 00 73 13 Institution Requirements 10. 00 73 13 Project Requirements 11. General Requirements (Division 01) 12. Technical Specifications (All other Divisions) 13. Drawings - (will be included when contract is prepared) IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in two (2) original counterparts as of the day and year first above written. Signed By (Principal) Countersigned: (Title) Typed Name (Title) Approved for the Board of Regents, State of Iowa Robert Donley, Executive Director

CONTRACT PERFORMANCE AND PAYMENT BOND FORM KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, of s City and State (hereinafter called the "Principal"), a corporation, partnership or individual duly authorized by law to do business as a construction contractor in the state of Iowa, and of (hereinafter called the "Surety"), a corporation duly authorized to do a surety business under the laws of the state of Iowa, are held and firmly bound unto the Board of Regents, State of Iowa (hereinafter called the "Obligee"), in the penal sum of WRITTEN AMOUNT $AMOUNT lawful money of the United States, for the payment of which well and truly to be made unto the said Obligee, we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents, as follows: The conditions of this obligation are such that, whereas on the DAY day of MONTH, 2014, the said Principal entered into a written Agreement with Obligee for PROJECT NAME PROJECT # located at Iowa City, Iowa, as set forth in detail in the Advertisement for Bids, Instructions to Bidders, Accepted Bid, General, Special and/or Supplementary Conditions, Technical Specifications, Drawings, and other related Contract Documents referred to in said Agreement, all of which are hereby made a part hereof as if written herein at length. NOW, THEREFORE, if the said Principal shall well and truly perform and complete said project in strict accordance with said Agreement including completion of construction within the time limits specified, together with full compliance with other requirements set forth by Advertisement for Bids, Instructions to Bidders, Accepted Bid, General, Special and/or Supplementary Conditions, Technical Specifications, Drawings, Guarantees, and other related Contract Documents shall comply with all the requirements of the laws of the state of Iowa, shall pay as they become due all just claims for work or labor performed and materials furnished in connection with said Agreement, and shall defend, indemnify, and save harmless Obligee against any and all liens, encumbrances, damages, claims, demands, expenses, costs, and charges of every kind including patent infringement claims except as otherwise provided in said specifications and other Contract Documents, arising out of or in relation to the performance of said work and the provisions of said Agreement, then these presents shall be void; otherwise they shall remain in full force and effect in any manner necessary to guarantee completion of the Contract in full compliance with the Contract Documents and within the construction period stated therein.

The Principal and the Surety on this bond hereby guarantee the full performance of said Agreement by the Principal and hereby covenant and agree to save the Obligee harmless from any and all defaults or failures of the Principal to so perform, and to pay, to the extent of the amount of this bond, any and all damages occasioned to the Obligee by the failure of the Principal to fully perform as required under his Contract. This obligation is made for the use of said Obligee and also for the use and benefit of all persons who may perform any work or labor or furnish any material in the execution of said Agreement and may be sued on thereby in the name of said Obligee. 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 material furnished in the performance of the Contract on account of which this bond is given, when the same are not satisfied out of the portion of the Contract price which the Obligee is required to retain until completion of the public improvement, but the Principal and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the Contract price shall have been established as provided by law. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent without notice: a. To any extension of time to the Contractor in which to perform the Contract. b. 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. c. That no provision of this bond or of any other contract shall be valid which limits to less than one year from the time of acceptance of the Work the right to sue on this bond for defects in workmanship or material or construction in non-compliance with the Contract Documents not discovered or known to the Obligee at the time such Work was accepted. IN TESTIMONY WHEREOF, the parties hereunto have caused the execution hereof in two (2) original counterparts as of the day of, 2014. Principal Signed By Typed Name Title Surety Signed By SEAL Typed Name Title

Approved for the Board of Regents, State of Iowa: Robert Donley, Executive Director