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Here's one of ours. We use this for our standard work, for Park districts we use the AIA form.
CONTRACTOR’S AGREEMENT
THIS AGREEMENT made the ______ day of _______, 2003, by and between Nelson Group Inc., hereinafter called the Contractor, and ______________________________, hereinafter called the Owner.
Witnesseth, that the Contractor and the Owner for the considerations named agree as follows:
ARTICLE 1. Scope of Work
The Contractor shall furnish all of the materials and perform all of the work shown on the Drawings and/or described in the Specifications entitled Exhibit A, as annexed hereto as it pertains to work to be performed on property at __________________________________________________ _____________.
ARTICLE 2. Time of Completion
The work to be performed under this Contract shall be commenced on or before _______________ and shall be substantially completed on or before ___________________________. Time is of the essence. The following constitutes substantial completion of work pursuant to this proposal and contract: (Specify)
ARTICLE 3. The Contract Price
The Owner shall pay the Contractor for the material and labor to be performed under the Contract the sum of $_________________dollars, subject to additions and deductions pursuant to authorized change orders.
ARTICLE 4. Progress Payments
Payments of the Contract Price shall be paid in the following manner: Within 30 days after submission of Invoice to Owner, interest to accrue monthly at 1.5% thereafter.
ARTICLE 5. General Provisions
Any alteration or deviation from the above specifications, including but not limited to any such alteration or deviation involving additional material and/or labor costs, will be executed only upon written order for same, signed by Owner and Contractor, and if there is any charge for such alteration or deviation, the additional charge will be added to the contract price of this contract. If there are any credits due to written change orders or alterations agreed by Owner and Contractor, such credits will be applied to contract price. If payment is not made when due, Contractor may suspend work on the job until such time as all payments due have been made. A failure to make payment for a period of 30 days from the due date shall be deemed a material breach of this contract. In addition, the following general provisions apply:
1. All the work shall be completed in workman-like manner and in compliance with all building codes and other applicable laws.
2. The Contractor shall furnish a plan and scale drawing showing the shape, size dimensions, and construction and equipment specifications for improvements, a description of the work to be done and description of the materials to be used and the equipment to be used or installed, and the agreed consideration of the work.
3. To the extent required by law all work shall be performed by individuals duly licensed and authorized by law to perform said work.
4. Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor shall fully pay said subcontractor and in all instances remain responsible for the proper completion of this Contract.
5. Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided at the time the next periodic payment shall be due.
6. All change orders shall be in writing and signed by both Owner and Contractor, and shall be incorporated in, and become a part of the contract.
7. The Owner shall at its own expense obtain all permits necessary for the work to be performed.
8. Contractor agrees to remove all debris and leave the premises in broom clean condition.
9. In the event Owner shall fail to pay any periodic or installment payment due hereunder, Contractor may cease work without breach pending payment or resolution of dispute.
10. All disputes hereunder shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.
11. Contractor shall not be liable for any delay due to circumstances beyond its control including but not limited to strikes, casualty, or general unavailability of materials, and weather delays.
12. Contractor warrants all work for a period of _____________ following completion.
ARTICLE 6. Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless _________________
______________________and its’ agents and employees, from and against claims, damages, losses, and expenses, including but not limited to attorney’s fees, arising out of or resulting from performance of the work or providing of materials to the extent caused in whole or in part by negligent or wrongful acts or omissions of, or breach of this agreement by, the contractor, a subcontractor, anyone directly or indirectly employed by them or anyone whose acts they are legally responsible.
ARTICLE 7. Insurance
The Contractor shall represent that it has purchased and agrees that it will keep in force for the duration of the performance of the work or for such longer term as may be required by this agreement, in a company or companies lawfully authorized to do business in the State of Illinois, such insurance as will protect __________and the owner of the site, if the site is not owned by __________, from claims for loss or injury which might arise out of or result from the Contractor’s operations under this project, whether such operations be by the Contractor or by a subcontractor or its subcontractors.
The Contractor represents and agrees that said insurance is written for and shall be maintained in an amount not less that the limits of the liability specified below or required by law, whichever coverage is greater. The Contractor certifies that coverage written on a “claims made” form will be maintained without interruption from the commencement of work until the expiration of all applicable statutes of limitation.
1) Worker’s Compensation $
2) Comprehensive General Liability with limits of not less than $____________ per occurrence.
3) Comprehensive Automobile Liability (owned, non-owned, hired) of $_______________ each accident.
The Contractor shall file Certificates of Insurance, naming the owner person hiring the contractor as additional insured, in duplicate, acceptable to all parties with ___________prior to commencement of work, which shall contain a provision that coverages under the policies shall not be cancelled or allowed to expire or permit material changes until at least ___________days written notice has been given to the additional insured.
ARTICLE 8. Additional Terms
The Contractor is responsible for contacting J.U.L.I.E. which is the underground utility locating service in Illinois. The Contractor shall not be held liable for property damage to all secondary underground utilities not marked (i.e. but not limited to, gas lines, irrigation lines, cables, underground electric, etc.) or any hidden obstructions.
The Owner is held responsible for marking all property boundaries.
The Owner is responsible for any extra costs due to hidden obstructions.
Signed this ____________ day of ____________, 2003.
Signed in the presence of:
_____________________________________ _____________________________________
Witness Witness
_____________________________________ _____________________________________
Name of Owner Name of Contractor
By: By:
_____________________________________ ____________________________________
Signature Signature
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