SAMPLE CONTRACT

THIS AGREEMENT, made and entered into the __________________, by and between __________________, hereinafter called the Contractor, and the City of Orange Beach, Alabama, and/or its assigns, hereinafter called the Owner.

WITNESSETH:

That the Contractor, for the consideration hereinafter set out, hereby agrees with the Owner as follows:

1. That the Contractor shall perform all of the work in a satisfactory manner in accordance with the plans, specifications, bid requirements and conditions, which are attached hereto and made a part hereof as if fully contained herein, for __________________.

2. That the Contractor shall commence the work to be performed under this agreement within the Contract Time as defined in the General Conditions.

3. All work shall be accomplished with quality in a manner which will maintain safety to life and property, and reduce to a minimum any interference with abutting property or public travel. All work shall be inspected and approved by the __________________ or his designee as Owner's representatives before payment shall be made.

The Owner hereby agrees to pay to the Contractor for satisfactory performance of the agreement, subject to additions and deductions as provided in the contractual documents, in lawful money of the United States as follows:

4. Estimates of work completed shall be made by the Contractor each month and submitted to the Owner. Within thirty (30) calendar days after submittal by the Contractor, the owner shall make partial payments to the Contractor on the basis of the estimate of work, duly certified and approved by the City Construction Manager, and performed during the preceding calendar month by the Contractor, less two and a half percent (2.5%) of the amount of such estimate which is to be retained by the owner until all work (100%) has been satisfactorily completed in accordance with this agreement.

5. Upon substantial completion and inspection of all work covered by this agreement, payment of the Contract sum shall be made within thirty (30) calendar days, less retainage.

Said retainage shall be retained until: 1) Submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full including a Waiver and Release of Lien on the form included in the Contract Documents; 2) Legal notice of advertisement of completion has been advertised four (4) consecutive weeks in some newspaper of general circulation in Baldwin County, Alabama, as approved by the Owner; 3) Final inspection by the City Public Works Director or his designee and final acceptance of the work by the Owner.

6. It is mutually agreed between the Owner and the Contractor that timely performance is of the essence to this Contract, and the Contractor agrees to keep a working force on the job of the size that is adequate to perform all work in accordance with the Contractor’s approved work schedule.

7. The Contractor hereby agrees to warrant that all material and workmanship is of the quality, quantity, and character specified and shown, and that any faulty materials or workmanship made known to him within one (1) year after date of final certificate of payment shall be made good by him without additional expense to the Owner.

Failure to complete the work within the allotted Contract time will cause loss to the Owner in administrative, engineering, inspection, interest, and supervision charges. Therefore, any overrun in the Contract time, which in the opinion of the City Contract Manager is caused by undue delay, shall be charged to the Contractor at $300.00 per day and deducted from the final payment as liquidate damages.

8. The Owner reserves the right to terminate the contract upon written notice to the Contractor at least five (5) days prior to said termination. In the event that the Contract is terminated, the Contractor will be compensated in accordance with the bid items of the Contract and its attachment for all approved work in place.

9. By signing this contract, the Contractor affirms, for the duration of the contract, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the contract and shall be responsible for all damages resulting therefrom.

IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and date first above.

TBD (Contractor)

City of Orange Beach, Alabama (Owner)

**signature_88464**

SIGNATURE

FULL NAME

**date_signed_88464**

DATE SIGNED

TITLE

**signature_88465**

SIGNATURE

FULL NAME

**date_signed_88465**

DATE SIGNED

TITLE

Attest:

Attest:

**signature_88471**

SIGNATURE

FULL NAME

**date_signed_88471**

DATE SIGNED

TITLE

**signature_88466**

SIGNATURE

FULL NAME

**date_signed_88466**

DATE SIGNED

TITLE

TBD

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