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200631v1 <br />CITY OF ORONO <br /> <br /> <br /> <br />‐ MATERIALS AND SERVICE CONTRACT ‐ <br /> <br />Project Name: __________________ <br /> <br />(City Project No. ______) <br /> <br /> <br />THIS AGREEMENT made this ________day of ______, 20__, by and between the CITY OF <br />Orono, a Minnesota municipal corporation (“City”) and <br />_____________________________________________________ (“Contractor”). City and Contractor, <br />inconsideration of the mutual covenants set forth herein, agree as follows: <br /> <br />1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents”, <br />all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim <br />and in full herein: <br /> <br />A. This Agreement <br />B. Water Meter Replacement Solicitation of Quotes, City of Orono <br />C. Contractor’s Bid Form <br /> <br />In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed <br />above shall control in resolving any such conflicts. Contract Document “A” has the first priority and Contract <br />Document “C” has the last priority. <br /> <br />2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services, and <br />perform the work in accordance with the Contract Documents and in compliance with federal, state and local <br />laws. This contract may be terminated by the City at any time upon discovery by the City that the Contractor or <br />any of its subcontractors has submitted a false statement under oath verifying compliance with any of the <br />minimum criteria set forth in Minn. Stat. §16C.285, Subdivision 3, the Responsible Contractor statute. <br /> <br />3. OBLIGATIONS OF THE CITY. The City agrees to pay and the Contractor agrees to receive and accept <br />payment in accordance with the prices for the unit or lump sum items as set forth to those in the accepted <br />Contractor's Bid Form, the aggregate of which prices, based on the approximate schedule of quantities, is <br />estimated to be $_________________. <br /> <br />4. PAYMENT PROCEDURES. <br /> <br />A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by City <br />as provided. All billing and invoicing will be done periodically with detailed itemized billing. Billing will <br />include the date and the work performed. After receipt of a correct invoice, payments shall be processed and <br />paid in the next city billing cycle. <br /> <br />B. If, in the opinion of the City, the Contractor has not or is not satisfactorily performing the work <br />covered by this specification, and within forty-eight (48) hours of receipt of a written demand from the City,