Casino reinvestment development authority bid for general construction



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00500 Agreement



[Insert Full Contractor Name and Address Below:]




(hereinafter referred to as the “Contractor”)


THIS AGREEMENT (the “Contract”) is made as of the __ day of _______, 2013 by and between the Casino Reinvestment Development Authority a public body established in, but not of, the Department of Treasury of the State of New Jersey, and existing under the laws of the State of New Jersey, including P.L. 1984, c. 218, as amended and supplemented from time to time, whose mailing address is 15 S. Pennsylvania Avenue, Atlantic City, NJ 08401 (referred to hereinafter as the “Owner”) and the Contractor identified above.
Recitals


  1. Pursuant to a solicitation of bids issued September 23, 2013 (the “Solicitation”) and the Contractor’s response thereto dated _____ __, 2013 (the “Bid”), the CRDA has selected the Contractor to provide construction services, as more fully described in this Contract.




  1. Pursuant to Resolution 13-__ adopted __ , 2013, the CRDA desires to engage and the Contractor desires to accept the engagement to perform the Work (as hereinafter defined).


IN CONSIDERATION of the foregoing recitals, the mutual promises and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:


  1. All capitalized terms not otherwise defined, shall have the meaning ascribed to them in Section 00700.2 herein.




  1. The Contractor will commence and complete the Project, and all other necessary and desirable work as approved in accordance with the terms and conditions of the Contract Documents.




  1. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other services necessary and desirable for the completion of the Project.




  1. The Contractor will commence the work required by the Contract Documents within thirty (30) calendar days after the date of the Notice to Proceed and will substantially complete the same within 120 calendar days of the date of the Notice to Proceed.




  1. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms and conditions herein and therein for the Total Contract Price.



  1. The term “Contract Documents” means and includes the following:

    1. Contract

    2. General Conditions

    3. Payment Bond

    4. Performance Bond

    5. Payment Application (as set forth in Attachment “A”)

    6. Notice to Proceed (as set forth in Attachment “B”)

    7. Change Orders (as set forth in Attachment “C”)

    8. Construction Change Directive

    9. Progress Schedule (as amended)

    10. Supplementary Agreements

    11. Drawings prepared by the Architect

    12. Specifications prepared by the Architect

    13. Written Addenda or Amendments as executed by the Owner and Contractor

    14. Any other written instructions or interpretations by the Architect or Owner

    15. Owner’s Bid Documents

    16. Contractor’s bid dated _______ , except for any provisions inconsistent with the Contract Documents, unless such inconsistency is accepted or waived, in writing, by the Owner.




  1. In the event of a conflict between the Division 1 and Division 2 terms and conditions set forth in

this contract and the Division 1 and Division 2 terms and conditions set forth on the Architectural drawings, the Division 1 and Division 2 terms and conditions set forth in this contract shall prevail.


  1. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents.




  1. This Contract shall be binding upon all parties hereto and their respective successors and permitted assigns.


IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized representatives, this Contract in four (4) copies each, any of which shall be deemed an original, on the date first above written.
[SIGNATURES APPEAR ON NEXT PAGE]

Witness: CASINO REINVESTMENT DEVELOPMENT AUTHORITY

By: By:


Name: Name: John F. Palmieri
Title: Title: Executive Director
Approved as to form by the CRDA Law Department


[CONTRACTOR MUST FILL IN AND SIGN BELOW:]
Witness:

By: By:


Name: Name:
Title: Title:

    1. ACKNOWLEDGEMENT AS TO CONTRACTOR

STATE OF :

COUNTY OF :

The foregoing instrument was acknowledged before me this ______day of ________, 2013, by , as the of , a company, organized under the laws of , who I am satisfied, is the person who, as such authorized person, signed, sealed and delivered the within instrument made by said company, and he did acknowledge that he/she, as such authorized person, signed and delivered the same on behalf of said company for the uses and purposes therein set forth, and that said instrument is the voluntary act and deed of said company duly authorized by a proper resolution of its governing body.

___________________________

Name:
Notary Public of

(NOTARY SEAL)

My Commission Expires:



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