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HomeMy WebLinkAboutContract 1577 /,5 AGREEMENT THIS AGREEMENT, made and entered into this day ofprii; 2001 by and between the City of Columbia Heights, Minnesota, a Municipal Corporation, party of the first part, hereinafter known as City and Aggregate Industries 2915 Waters Road Suite 105 Eagan, MN 55121 party of the second part, hereinafter known as Supplier. The amount specified in the bid proposal is used as a basis for bidding, but in no way does it reflect any set quantity to be purchased by the City. Said Supplier does hereby covenant and agree to and with the City to furnish said City the following materials as needed by said City during the 2001 construction season: Material Price • Bid E -Class 5 Aggregate $ 9.20 per ton - delivered by Company Payment for the above listed materials shall be made at the unit prices shown on the supplier's proposal to the City dated March 6, 2001, on or before the fifteenth day of the month immediately following submission of the invoice by supplier to the City. WITNESSETH: CITY OF CO , BIA H -1 ' mil_ Mayor By City an ager By ZA era r Contractor Date • EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE THIS AGREEMENT is by and between the CITY OF COLUMBIA HEIGHTS, MINNESOTA, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK • 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: FURNISHING OF ROAD AGGREGATE MATERIAL ARTICLE 2 - THE PROJECT 2.01 The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: • FURNISHING ROAD AGGREGATE MATERIAL: 2001 / 2002 Construction Season (March 31, 2001 to March 31, 2002). ARTICLE 3 - ENGINEER 3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS' ENGINEERING DEPARTMENT, who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the contract. 4.02 Dates for Substantial Completion and Final Payment Not Used. 4.03 Liquidated Damages Not Used. 13 ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the work in accordance within the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs below: For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an `Exhibit A.' As indicated on the Bid Form, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER on the basis of weight of material delivered or picked up, at the stated bid price. It is the responsibility of the Contractor to provide the Owner with accurate tickets representing the weight of material on the basis represented in the Bid Form. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Schedule of Values Progress payments on account of Unit Price Work will be based on the number of units furnished or completed. 6.02 Applications for Payments CONTRACTOR shall submit to ENGINEER for review an Application for Payment (Invoice) filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 6.03 Review of Applications ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. 6.04 Payment Becomes Due Twenty days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will become due, and when due will be paid by OWNER to CONTRACTOR. 6.05 Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWNER to a set -off against the amount recommended in accordance with the contract documents. ARTICLE 7 - INTEREST 7.01 Not Used. 14 ` • ARTICLE 8 - CONTRACTOR REPRESENTATIONS 8.01 In order to induce OWNER to enter this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Not Used E. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. F. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR G. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages to inclusive); 2. Performance Bond (pages to inclusive); 3. Payment Bond (pages to inclusive); 4. Other Bonds (pages to inclusive); 5. Specifications; 6. Drawings (none). 7. Addenda (number to , inclusive); 8. Exhibits to this Agreement (enumerated as follows): a. CONTRACTOR's Bid (pages to , inclusive); b. Notice to Proceed (pages to , inclusive); c. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive); d. Other: • 15 • { • 9.02 The following which may be delivered or issued on or after the Effective Date of the A. Agreement and are not attached hereto: 1. Written Amendments; 2. Work Change Directives; 3. Change Orders(s); B. The documents listed in paragraph 9.01 A are attached to this Agreement (except as expressly noted otherwise above). - C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 9.01A.11. . . ARTICLE 10 - MISCELLANEOUS 10.01 Assignment of Contract No assignment by a party hereto of any rights under or interest in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and , specifically but without • limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.02 Successors and Assigns OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.03 Severability Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.04 Other Provision (if applicable). IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified b OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on -Aka- 02_ , 2001 (which is the Effective Date of the Agreement). 16 • 7 . Y - OWNER: CONTRACTOR: By: By: [CORPORATE SEAL HERE] [CORPORATE SEAL HERE] Attest Attest Address for giving notices: Address for giving notices: (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public License No. body, attach evidence of authority to sign and (Where applicable) resolution or other documents authorizing execution of OWNER - CONTRACTOR Agreement). Agent for service of process: (If CONTRACTOR is a corporation of partnership, attach evidence of authority to sign) Designated Representative: Designated Representative: Name: Name: Title: Title: Address: Address: Phone: Phone: Facsimile: Facsimile: 17 •