Specifications

DFCM FORM 7b 042413

CONTRACTOR'S AGREEMENT

PAGE NO. 2

is the base bid, and which sum also includes the cost of a 100% Performance Bond and a 100% Payment

Bond as well as all insurance requirements of the Contractor. Said bonds have already been posted by

the Contractor pursuant to State law. The required proof of insurance certificates have been delivered to

DFCM in accordance with the General Conditions before the execution of this Contractor's Agreement.

ARTICLE 3. TIME OF COMPLETION AND DELAY REMEDY. The Work shall be

Substantially Complete by _________________. Contractor agrees to pay liquidated damages in the

amount of $______ per day for each day after expiration of the Contract Time until the Contractor

achieves Substantial Completion in accordance with the Contract Documents, if Contractor's delay

makes the damages applicable. The provision for liquidated damages is: (a) to compensate the DFCM

for delay only; (b) is provided for herein because actual damages can not be readily ascertained at the

time of execution of this Contractor's Agreement; (c) is not a penalty; and (d) shall not prevent the

DFCM from maintaining Claims for other non-delay damages, such as costs to complete or remedy

defective Work.

No action shall be maintained by the Contractor, including its or Subcontractor or suppliers at any tier,

against the DFCM or State of Utah for damages or other claims due to losses attributable to hindrances

or delays from any cause whatsoever, including acts and omissions of the DFCM or its officers,

employees or agents, except as expressly provided in the General Conditions. The Contractor may

receive a written extension of time, signed by the DFCM, in which to complete the Work under this

Contractor's Agreement in accordance with the General Conditions.

ARTICLE 4. CONTRACT DOCUMENTS. The Contract Documents consist of this Contractor's

Agreement, the Conditions of the Contract (DFCM General Conditions, Supplementary and other

Conditions), the Drawings, Specifications, Addenda and Modifications. The Contract Documents shall

also include the bidding documents, including the Notice to Contractors, Instructions to

Bidders/Proposers and the Bid/Proposal, to the extent not in conflict therewith and other documents and

oral presentations that are documented as an attachment to the contract.

All such documents are hereby incorporated by reference herein. Any reference in this Contractor's

Agreement to certain provisions of the Contract Documents shall in no way be construed as to lessen the

importance or applicability of any other provisions of the Contract Documents.

ARTICLE 5. PAYMENT. The DFCM agrees to pay the Contractor from time to time as the Work

progresses, but not more than once each month after the date of Notice to Proceed, and only upon

Certificate of the A/E for Work performed during the preceding calendar month, ninety-five percent

(95%) of the value of the labor performed and ninety-five percent (95%) of the value of materials

furnished in place or on the site. The Contractor agrees to furnish to the DFCM invoices for materials

purchased and on the site but not installed, for which the Contractor requests payment and agrees to

safeguard and protect such equipment or materials and is responsible for safekeeping thereof and if such

be stolen, lost or destroyed, to replace same.

Bid DA14027DFCM

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