Appendix K - Sample Fixed Price Construction Contract.pdf

Construction Contract No. SC-XX-XXX

FIXED-PRICE

CONSTRUCTION CONTRACT

Contractor:

Contractor Address:

Contract Price:

Effective Date:

Upon execution of the contract

Term of Contract:

Work Description:

This contract is exempt from Iowa Occupation and Use Taxes and from Manufacturers and Retailers Federal Excise Taxes. The purchase hereunder is for the exclusive use of a nonprofit educational organization that is an agency of the State of Iowa. Sales tax exemption certificates will be provided upon request.

The Ames Laboratory, herein called the “Laboratory”, operated by Iowa State University, an agency of the State Of Iowa, acting under prime contract DE-AC02-07CH11358, as amended, with the United States Government (called the "Government"), represented by the U.S. Department of Energy (called the "Department" or "DOE") has Bergstrom Construction Inc., (called the "Contractor"), a Corporation, to perform certain work under the Prime Contract and the Contractor has agreed to perform work in accordance with the provisions of this contract.

THEREFORE, the parties mutually agree as follows:

SCHEDULE

ARTICLE I - STATEMENT OF WORK

The Contractor shall furnish all labor, materials, plant, and equipment (except materials or equipment that may be specified to be furnished by Ames Laboratory) necessary to perform all work described in Appendix A, Specifications, including all plans and drawings which are hereby attached and made a part of this contract.

ARTICLE II – WORK SCHEDULE

This contract shall be effective as of the date the Ames Laboratory authorized representative executes the agreement with signature. This work shall be commenced within (10) days after the effective date and shall be completed by (Insert date here). Any request for extension by the Contractor must be submitted in writing and authorized by the Ames Laboratory Procurement Official. Ames Laboratory may make adjustments to the schedule as it deems necessary.

ARTICLE III - COMPENSATION

As full compensation for performance of this contract the Laboratory shall pay the Contractor the sum of $00,000.00. All work described in Appendix A- Contractor’s Requirements, will be performed for the fee stated in this article. All invoices must be sent to: Ames Laboratory, US DOE, Accounts Payable, 224 TASF, Iowa State University, Ames, IA 50011-3020 or emailed to:

invoiceinbox@ameslab.gov.

ARTICLE IV - APPLICABLE DOCUMENTS

The following documents are attached to and are hereby made a part of this contract:

Appendix A – Contractor’s Requirements w/Drawings

Appendix B - Ames Laboratory Terms and Conditions for Fixed Price Construction Contracts, dated (Insert Month and Year).

Appendix C - Wage Determination IAXXXXXX Mod X, dated xx/xx/xxxx.

Appendix D - SF 1413.

ARTICLE V - LABORATORY REPRESENTATIVES

A. The authorized Laboratory Procurement Official is the only person at the Laboratory who is authorized to change the scope of work or any other part of this contract.

B. All letters and notices from the Contractor shall be submitted to the attention of the Andrew

Saxton, Interim Manager of Purchasing.

C. Unless the Contractor is otherwise notified in writing, technical questions relating to the work may be discussed with (Insert Technical Representative), of Facilities and Engineering Services, who is the Laboratory's Technical Representative on this contract.

IN WITNESS WHEREOF, the parties hereby execute this Agreement, SC-XX-XXX.

AMES LABORATORY

(Operated by Iowa State University)

(INSERT VENDOR NAME IN CAPS)

By:

Title:

Andrew Saxton Interim Manager, Purchasing and Laboratory Procurement Official

Date:

Date:

Completed by a Witness at (Vendor Name):

I, ______________________________, certify that I am the _______________ of the corporation named as Contractor in the within contract; that ______________________ who signed the said contract on behalf of the Contractor was then _______________ of said corporation; that I know his/her signature and his/her signature thereto is genuine; and that said contract was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body.