Agreement to Provide Renovation Services to Church
Agreement made on the ________________ (date) , between
_________________________
(Name of Contractor) , a corporation organized and
existing under the laws of the state of ______________, with its principal office located
at ____________________________________________________________________
_________
(street address, city, state, zip code) , referred to herein as Contractor ,
and ________________
(Name of Church) , a nonprofit corporation organized and
existing under the laws of the state of ________________, with its principal office
located at _____________________________________________________________
______________
(street address, city, state, zip code) , referred to herein as Church .
For and in consideration of the mutual covenants contained in this agreement,
and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Scope of Work
A.Contractor shall provide all labor and materials, and perform all work
necessary for the completion of the renovation of the Church and/or
improvements as described in the drawings and specifications signed by both
Church and Contractor (the
Project ) and more particularly described as:
1. Installation of new pews and other church furnishing;
2. Refurbishing of existing pews and other church furnishing;
3. Upholstery services;
4. Floor covering services;
5. _____________________________________________;
6. _____________________________________________;
7. _____________________________________________; and
8. _____________________________________________.
B. Preparatory work:
(describe) ___________________________________
________________________________________________________________
________________________________________________________________
.
C. Items to be salvaged: (describe) ________________________________
________________________________________________________________
________________________________________________________________
.
D.Waste disposal, hauling, and hazardous waste handling: (describe)
________________________________________________________________
________________________________________________________________
________________________________________________________________
.
E. Finishing details: (describe) ___________________________________
________________________________________________________________
________________________________________________________________
.
F. There will be no modification of the existing structure of the building nor
any addition to it.
G. Such drawings and specifications are hereby made a part of this Contract.
Drawings and specifications shall contain a scale drawing showing the shape,
size, and dimensions of the construction and equipment together with a
description of the work to be done, materials to be used, and the equipment to be
used or installed.
H. The work to be performed does not include the following:
(describe)
________________________________________________________________
________________________________________________________________
.
I. Materials:
ITEM BRAND NAME MODEL/STYLECOLOR SIZE QUANTITY
__________ _______________ _______________ ________ ______ _________
__________ _______________ _______________ ________ ______ _________
__________ _______________ _______________ ________ ______ _________
__________ _______________ _______________ ________ ______ _________
__________ _______________ _______________ ________ ______ _________
2. Work Site
The Project shall be constructed on the property of Church located at
______________________________________________________________________
(street address, city, state, zip code) , hereafter called the Work Site. Church hereby
authorizes Contractor to commence and complete the usual and customary on the Work
Site as may be required in the judgment of the Contractor to complete the Project.
Unless called for in the drawings or specifications, no landscaping, finish grading, or
filling is to be performed at the Work Site by the Contractor.
3. Time of Completion
Contractor shall commence the work to be performed under this Contract on or
before __________________ (date) and shall substantially complete the work on or
before ___________________
(date) . Contractor shall not be liable for any delay due to
circumstances beyond its control including strikes, casualty, acts of God, illness, injury,
or general unavailability of materials.
4. Permits
Contractor shall apply for and obtain such permits and regulatory approvals as
may be required by the local municipal and/or county government, the cost thereof shall
be included as part of the Project price.
5. Insurance
Contractor shall maintain general liability, workers compensation and builder's
risk insurance.
6. Title
Church shall provide Contractor documentation that Church has title to the Work
Site and shall provide Contractor copies of any covenants, conditions, or restrictions
that affect the Work Site.
7. Changes to Scope of Work
Church may make changes to the scope of the work, including changes to the
drawings and specifications, from time to time during the construction of the Project.
However, any such change or modification shall only be made by written
Change Order
signed by both parties. Such Change Orders shall become part of this Contract.
Church agrees to pay any increase in the cost of the Project as a result of a Change
Order. In the event the cost of a Change Order is not known at the time a Change
Order is executed, the Contractor shall estimate the cost thereof and Church shall pay
the actual cost whether or not it is in excess of the estimated cost.
8. Contract Price
(Cost Plus): Church agrees to pay Contractor the actual cost to Contractor of
materials plus the sum of $___________ for performing the services set forth in the
scope of the work. Contractor shall be paid as follows:
(describe) ________________
_____________________________________________________________________
.
OR
(Fixed Fee) Church agrees to pay Contractor the sum of $__________ for
performing the services set forth in the scope of the work. Contractor shall be paid as
follows:
(describe) ______________________________________________________
_____________________________________________________________________
.
Contractor shall furnish Church appropriate releases or waivers of lien for all work
performed or materials provided at the time the next periodic payment shall be due.
9.Late Payment and/or Default
A failure to make payment for a period in excess of ten (10) days from the due
date shall be deemed a material breach of this Contract. If payment is not made when
due, Contractor may suspend work on the job until such time as all payments due have
been made without breach of the Contract pending payment or resolution of any
dispute. Church agrees to pay a late charge of _____% of all payments that are more
than ten (10) days late plus interest at the rate of _____% per month.
10. Destruction and Damage
If the Project is destroyed or damaged for any reason, except where such
destruction or damage was caused by the sole negligence of the Contractor or its
subcontractors, Church shall pay Contractor for any additional work done by Contractor
in rebuilding or restoring the Project to its condition prior to such destruction or damage.
If the estimated cost of replacing work already accomplished by Contractor exceeds
______% of the Contract price, either the Contractor or Church may terminate this
Contract. Upon termination by either party, Contractor shall be excused from further
performance under this Contract and Church shall pay Contractor a percentage of the
Contract price in proportion to the amount of work accomplished prior to the destruction
or damage.
11. Assignment
Neither party may assign this Contract, or payments due under the Contract,
without the other party’s written consent. Any such assignment shall be void and of no
effect.
12. Interpretation
A. Interpretation of Documents
The Contract, drawings, and specifications are intended to supplement
one another. In the event of a conflict, the specifications shall control the
drawings, and the Contract shall control both. If work is displayed on the
drawings but not called for in the specifications, or if the work is called for in the
specifications but not displayed on the drawings, Contractor shall be required to
perform the work as though it were called for and displayed in both documents.
B. Entire Agreement
This Contract constitutes the entire agreement of the parties. No other
agreements, oral or written, pertaining to the work to be performed under this
Contract exists between the parties. This Contract may only be modified only by
a written agreement signed by both parties.
C. Governing Law. This Contract shall be interpreted and governed in
accordance with the laws of the State of Washington.
13. Performance
A.Contractor may, at its discretion, engage licensed subcontractors
responsible for the proper completion of the Project.
B.All work shall be completed in a workman-like manner and in compliance
with all building codes and applicable laws. To the extent required by law, all
work shall be performed by individuals duly licensed and authorized by law to
perform said work.
C. Contractor agrees to remove all debris and leave the premises in broom
clean condition.
14. Warranty
Contractor's warranty shall be limited to defects in workmanship within the scope
of work performed by Contractor and which arise and become known within one (1)
year from the date hereof. All said defects arising after one (1) year and defects in
material are not warranted by Contractor. Contractor hereby assigns to Church all
warranties on materials as provided by the manufacturer of such materials.
15. Mandatory Arbitration
Any dispute under this Agreement shall be required to be resolved by binding
arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party
shall select one arbitrator and both arbitrators shall then select a third. The third
arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by
the rules of the American Arbitration Association then in force and effect.
16. Assignment of Rights
The rights of each party under this Agreement are personal to that party and may
not be assigned or transferred to any other person, firm, corporation, or other entity
without the prior, express, and written consent of the other party.
17. Counterparts
This Agreement may be executed in any number of counterparts, each of which
shall be deemed to be an original, but all of which together shall constitute but one and
the same instrument.
18. In this Agreement, any reference to a party includes that party's heirs, executors,
administrators, successors and assigns, singular includes plural and masculine includes
feminine.
WITNESS our signatures as of the day and date first above stated.
________________________ _________________________
(Name of Contractor) (Name of Church)
By:____________________________ By:_______________________________
_________________________ ________________________
(Printed name & Office in Corporation) (Printed name & Office in Corporation
_____________________________________________
(Signature of Officer) (Signature of Officer)
License Number ___________________
Name and Address of License Holder:
______________________________________________________________________
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