10-Contract Agreement.pdf

CONTRACT AGREEMENT

THIS AGREEMENT, made and entered into this day of , 20 , by and between the , “Local Public Agency/Owner” located at

, Pennsylvania , a body corporate and politic, existing under and by virtue of the Laws of the Commonwealth of Pennsylvania, hereinafter referred to as the OWNER, party of the first part, A

N

D

, a Corporation doing business under the Laws of the Commonwealth of Pennsylvania, with its principal office at , hereinafter referred to as CONTRACTOR, party of the second part.

WHEREAS, the OWNER, pursuant to the authority vested in it by the Acts of the Assembly of the

Commonwealth of Pennsylvania, did, by advertisement heretofore made in accordance with the provisions of said Acts, invite proposals for the construction of:

Project Name

Contract Number and

WHEREAS, in accordance with said advertisement and with the documents prepared by the

Consulting Engineer and submitted to bidders, the CONTRACTOR submitted to the OWNER a proposal for the construction of the said work, and a contract was duly awarded by the OWNER to the

CONTRACTOR for the construction of the work for the prices specified in the proposal, and the same was duly approved by the OWNER; and whereas the Information for Bidders, the Standard Contract Provisions, the Specifications (Standard, Detail and all Addenda), the Contract Plans, the Proposal, and a copy of the

Advertisement and all other Contract Documents are made a pertinent part of this Contract as if incorporated herein. Also included in the enumeration of Contract Documents are the Certification Forms associated with the Redevelopment Assistance Capital Program funding.

CONTRACTOR also agrees to attend the Preconstruction Conference and to complete and fill all information and certifications required by the Redevelopment Authority’s Redevelopment Assistance

Capital Program (RACP) Program administered by The Redevelopment Authority in connection with the

Redevelopment Assistance Capital Program funding for the named project.

NOW, THEREFORE, THIS AGREEMENT WITNESSETH that the CONTRACTOR agrees to provide and furnish all labor; all necessary tools, plants, machinery, and equipment; all utility and transportation services; and all materials, both expendable and permanent; and, at its own risk and expense, to construct and complete all items of work within the time specified, time being of the essence of this

Contract; all in accordance with the Information for Bidders, the Specifications (Standard, Detail and Addenda), the Contract Plans and Detail Drawings as may be furnished or approved by the OWNER, all other Contract Documents, and such instructions as may be issued by the OWNER during the progress of the work, and to complete all items of work therein required to be done within the time specified.

CONTRACTOR asserts that he is experienced and able to properly complete the work in accordance with the provisions and schedules contained in the Contract Documents and agrees to provide a resume of his experience and financial responsibility to become a part of this Agreement.

THIS AGREEMENT FURTHER WITNESSETH that the OWNER will pay and the

CONTRACTOR will accept, in full consideration of the performance of the CONTRACTOR'S obligation hereunder, the sum of:

THIS AGREEMENT FURTHER WITNESSETH that the CONTRACTOR, by executing this agreement, declares and asserts that it has read each and every clause in each of the Contract Documents, which are hereby made a part hereof with like force and effect as though recited herein at length, and fully understands the meaning of the same, and that, in connection therewith, he has examined the site of the work and fully understands the character of the work to be done under this agreement and agrees to complete the work in the number of days set forth in the Contract Documents.

THIS AGREEMENT FURTHER WITNESSETH that the CONTRACTOR agrees, simultaneously with the execution of this agreement, to deliver to the OWNER a Performance Bond with corporate surety and a Payment Bond in the full amount of the contract price; said corporate surety shall be satisfactory to the OWNER. The CONTRACTOR likewise, simultaneously with the execution of this agreement, shall deliver to the OWNER a Certificate of Insurance satisfactory to the OWNER, certifying that adequate and complete insurance is carried by the CONTRACTOR, in complete accordance with the requirements of the Contract Documents. The CONTRACTOR further agrees to submit a Maintenance

Guaranty Bond with corporate surety satisfactory to the OWNER, which said bond shall guarantee the maintenance of all work for a period of two (2) years from the date of final acceptance of same, said bond to be in the full amount of the final cost to the OWNER and shall be furnished before the surety which has furnished the Performance Bond is released and before final payment is made to the CONTRACTOR.

THIS AGREEMENT FURTHER WITNESSETH that the CONTRACTOR herein certifies that it is familiar with Act No. 247 of 1972 of the Commonwealth of Pennsylvania which requires that the provisions of Federal and State Statutes, Rules and Regulations dealing with the prevention of

Environmental Pollution in the preservation of public natural resources be set forth and hereby acknowledges that it has been advised that certain statutes of the Commonwealth of Pennsylvania and of the United States of America and the rules and regulations of appropriate Bureaus may govern a portion or portions of the work, including, but not being limited to, the Clean Streams Law, the Act of June 22, 1937, P.L. 1987, as amended, 35 P.S. 691.1 et seq., and the regulations promulgated by the Department of

Environmental Protection thereunder, and the Act regulating Vehicle Emission Systems being the Act of

June 16, 1972, of the Commonwealth of Pennsylvania.

THIS AGREEMENT FURTHER WITNESSETH that the CONTRACTOR agrees that compliance with the requirements of Executive Order 11246 as amended and the Housing and Community

Development Act of 1974 will be a part of this Contract. All applicable questionnaires, form filing, and wage verifications must be completed and forwarded to monitoring offices. It is the responsibility of the

CONTRACTOR and the CONTRACTOR agrees to accept said responsibility to ensure subcontractor's compliance with these regulations. Compliance with the requirements of Executive Order 11625, the

Minority Business Participation Program, will be a part of this Contract. It is the responsibility of the

CONTRACTOR to ensure subcontractor's compliance with the regulations. The requirements of the Davis-

Bacon Act shall be considered part of this Agreement. Minimum wage rates, as included in this Contract, must be met. Minimum wage rates for federal and federally assisted construction projects shall be particularly adhered to.

IN WITNESS WHEREOF, the OWNER, by virtue of a motion duly passed by its Governing Body, has caused this contract to be signed and executed in the name of the OWNER and for the OWNER and the corporate seal of the OWNER to be affixed hereto and attested to by its Secretary, and the

CONTRACTOR has caused this instrument to be executed the day and year first above written.

OWNER:

BY:

TITLE:

ATTEST:

(SEAL)

CONTRACTOR:

WITNESS/ATTEST:

(SEAL)