Request for Proposals for Removal and Replacement of Windows

Agreement to Renovate and Install 2nd Floor Window

THIS AGREEMENT made as of the (date), by and between the City of (Name), (Name of State), a municipal incorporation (hereinafter call the Owner) and (Name of Contractor), a corporation organized and existing under the laws of the state of , with its principal office located at referred to herein as Contractor.

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:

I. Work

Contractor shall perform all work as specified or indicated in the Contract Documents for the completion of the Project. The Contractor shall provide, at his expense, all labor, materials, equipment and incidentals as may be necessary for the expeditious and proper execution of the Project.

II. Engineer

The City Engineer shall mean the Director of Public Works, or his authorized representative who will act as engineer in connection with completion of the Project in accordance with the Contract Documents.

III. Contract Documents

The Contract Documents which comprise the contract between Owner and Contractor are attached hereto and made a part hereof and consist of the following:

• This Agreement,

• Contractor’s Bid and Bonds,

• Notice of Award, Notice to Proceed,

• Instruction to Bidders,

• Insurance Requirements,

• General Requirements,

• Technical Specifications,

• Any modifications, including change orders, duly delivered after execution of this Agreement. In the event of a conflict, the Technical Specifications will govern.

IV. Contract Time

The work will commence and finish in accordance with the Notice to Proceed and be completed within sixty (60) days.

V. Contract Price

Owner shall pay Contractor for performance of the work in accordance with the Contract Documents as shown under item prices in the Bid Proposal.

VI. Payment

Partial payments will be made in accordance with the Contract Documents. Upon final acceptance of the work and settlement of all claims, Owner shall pay the Contractor the unpaid balance of the Contract Price, subject to additions and deductions provided for in the Contract Documents.

VII. Retainage

To insure proper performance of this Contract, the Owner shall retain 10% of the Contract Price as specified in the Contract Documents. Retainage will be released at project completion; upon receipts of written guarantee of two (2) year Workmanship warranty, and fifteen (15) year Manufacturer’s warranty.

VIII. Liquidated Damages

In event the Contractor fails to successfully complete the work within the specified contract time the Owner shall assess the Contractor liquidated damages in the amount of $ for each calendar day beyond the specified completion date. Liquidated damages shall be deducted from the Contract Price prior to final payment of the Contractor.

IX. Termination for Default

Should Contractor at any time refuse, neglect, or otherwise fail to supply a sufficient number or amount of properly skilled workers, materials, or equipment, or fail in any respect to prosecute the work with promptness and diligence, or fail to perform any of its obligations set forth in the Contract, Owner may, at its election, terminate the employment of Contractor, giving notice to Contractor in writing of such election, and enter on the premises and take possession, for the purpose of completing the work included under this Agreement, of all the materials, tools and appliances belonging to Contractor, and to employ any other persons to finish the work and to provide the materials therefore at the expense of the Contractor.

X. Indemnification of Owner

Contractor will indemnify Owner against all suits, claims, judgments, awards, loss, cost or expense (including without limitation attorneys’ fees) arising in any way out of the Contractor’s negligent performance of its obligations under this Contract. Contractor will defend all such actions with counsel satisfactory to Owner at its own expense, including attorneys’ fees, and will satisfy any judgment rendered against Owner in such action.

XI. Permits

The Contractor will secure at its own expense, all permits and consents required by law as necessary to perform the work and will give all notices and pay all fees and otherwise comply with all applicable City, State, and Federal laws, ordinances, rules and regulations.

XII. Insurance

The Contractor shall secure and maintain, until acceptance of the work, insurance with limits not less than those customary for this type of project.

XIII. Miscellaneous

A. Neither Owner nor Contractor shall, without the prior written consent of the other, assign, sublet or delegate, in whole or in part, any of its rights or obligations under any of the Contract Documents; and, specifically not assign any monies due, or to become due, without the prior written consent of Owner.

B. Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives, to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents.

C. The Contract Documents constitute the entire Agreement between Owner and Contractor and may only be altered amended or repealed by a duly executed written instrument.

D. The laws of the State of shall govern this Contract without reference to the conflict of law principles thereof.

Witness our signatures this the day of , 20 .