PA9601-CN970128STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
i
THIS AGREEMENT is dated as of the day of ._ j A in
the year 199� y and between the CITY OF COPPELL, TEXAS, a municipa corporation
(hereinafter called OWNER) and Pavement Construction & Maintenance, Inc. (hereinafter
called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Work is generally described as follows:
This project is generally north and west of the intersection of Denton Tap Road and
Parkway Blvd. More specifically it is north of the Copperstone Subdivision and south
of Denton Creek. The work shall consist of the construction of a twelve (12) foot wide
concrete trail with three (3) foot shoulders and the necessary cutting and filling to meet
the specified slopes adjacent to the trail.
The Project for which the Work under the Contract Documents may be the whole or only a part
is generally described as follows:
Copperstone Trail
# PA 96 -01
Article 2. ENGINEER.
The Project has been designed by the City of Coppell Engineering Department. Inspection
will be provided by the City of Coppell Engineering Department who is hereinafter called
ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities
and have the rights and authority assigned to ENGINEER in the Contract Documents in
connection with completion of the Work in accordance with the Contract Documents.
1.23 Contract Documents
Article 3. CONTRACT TIME.
3.1. The Work will be completed within 45 calendar days from the date when the
Contract time commences to run as provided in Item 1.13 of the General Provisions, and
completed and ready for final payment in accordance with Item 1.51 of the General
Provisions.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence in this Agreement. They also recognize the delays, expense and difficulties
involved in proving in a legal or arbitration proceeding the actual loss suffered by
OWNER if the Work is not completed on time. Accordingly, instead of requiring any
such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay
(but not as a penalty) CONTRACTOR shall pay OWNER One hundred sixty dollars and
no /100 ($160.00) for each day that expires after the time specified in paragraph 3.1 for
Completion until the Work is complete.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with
the Contract Documents in current funds subject to additions and deductions by Change
Orders as provided in the contract documents in accordance with the unit prices listed
in Section 1 - Proposal and Bid Schedule. The contact sum shall be the amount of
$ 48,842.45. The total tangible personal property cost included in the contract sum is
$ 19,578.00.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Item 1.51 of the
General Provisions. Applications for Payment will be processed by ENGINEER as provided
in the General Provisions.
5.1. Progress Payments. OWNER shall make progress payments on account of the
Contract Price, on the basis of CONTRACTOR's Applications for Payment as
recommended by ENGINEER, each month during construction as provided below. All
progress payments will be on the basis of the progress of the Work measured by the
schedule of values established in Item 1.51 of the General Provisions (and in the case of
Unit Price Work based on the number of units completed) or, in the event there is no
schedule of values, as provided in the General Provisions.
5.1.1. Prior to Completion, progress payments will be made in an amount equal to the
percentage indicated in Item 1.51.2 of the General Provisions, but, in each case, less the
aggregate of payments previously made and less such amounts as ENGINEER shall
1.24 Contract Documents
determine, or OWNER may withhold, in accordance with Item 1.52 of the General
Provisions.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance
with Item 1.51.4 of the General Provisions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said Item 1.51.4.
Article 6. INTEREST.
No interest shall ever be due on late payments.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are identified in the
Supplementary Conditions as provided in Item 1.3 of the General Provisions, and accepts
the determination set forth in Item SC -1.20 of the Supplementary Conditions of the extent
of the technical data contained in such reports and drawings upon which CONTRACTOR
is entitled to rely.
7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations, explorations,
tests, reports, and studies (in addition to or to supplement those referred to in paragraph
7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the
site or otherwise may affect the cost, progress, performance, or furnishing of the Work
as CONTRACTOR considers necessary for the performance or furnishing of the Work
at the Contract Price, within the Contract Time and in accordance with the other terms
and conditions of the Contract Documents, including specifically the provisions of Item
1.3 of the General Provisions; and no additional examinations, investigations,
explorations, tests, reports, studies, or similar information or data are or will be required
by CONTRACTOR for such purposes.
7.3. CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground Facilities at
or contiguous to the site and assumes responsibility for the accurate location of said
Underground Facilities. No additional examinations, investigations, explorations, tests,
reports, studies, or similar information or data in respect of said Underground Facilities
are or will be required by CONTRACTOR in order to perform and furnish the Work at
the Contract Price, within the Contract time and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of Items 1.3,
1 -25 Contract Documents
1.20 and 1.21 of the General Provisions.
7.4. CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports, and studies with the terms and conditions of
the Contract Documents.
7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written resolution
thereof by ENGINEER is acceptable to CONTRACTOR.
Article 8. CONTRACTOR DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1. This Agreement (pages 1 -22 thru 1 -28, inclusive).
8.2. Exhibits to this agreement (immediately following this Agreement, inclusive).
8.3. Certificate of Insurance.
8.4. Notice of Award.
8.5. Part 1: General Provisions of the Standard Specifications for Public Works
Construction, NCTCOG, latest edition.
8.6. Supplementary Conditions to NCTCOG, Part 1: General Provisions (pages 2 -1
thru 2 -13).
8.7. Specifications bearing the title: "Construction Specifications and Contract
Documents for Copperstone Trail - PA 96 -01 for the City of Coppell ".
8.8. Drawings entitled: " Copperstone Trail - PA 96 -01 ".
8.9. The following listed and numbered addenda:
8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding and
Contract Documents.
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award.
8.12. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying, or supplementing the Contract Documents
1.26 Contract Documents
pursuant to Items 1.37 and 1.38 of the General Provisions.
8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this
Agreement (except as expressly noted otherwise above).
The Contract Documents may only be amended, modified, or supplemented as provided in Items
1.37 and 1.38 of the General Provisions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Item 1.0 of the General
Provisions will have the meanings indicated in the General Provisions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent (expect
to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment no assignment
will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
1.27 Contract Documents
Article 10. OTHER PROVISIONS.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and
ENGINEER. All portions of the Contract Documents have been signed or identified by
OWNER and CONTRACTOR or by ENGINEER on their behalf.
This Agreement will be effective on January 28, 1997.
OWNER: CONTRACTOR:
City of Coppell Pavement Construction &Maintenance, Inc.
255 Parkway Blvd. 3324 Roy Orr # 200
Co ell TX 75019 Grand Prairie, TX 75050
PP
BY:
TITLE: Ma r
ATTEST: i Q z del c�i
Address for giving notices:
P.O. Box 478
Coppell, Texas 75019
Attn: Ken Griffin, P.E.
Assistant City Manager /City Engineer
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
TITLE: 'i
ATTEST:
Address for giving notices:
Z o o r✓ Q
1 -28
(If CONTRACTOR is a corporation, attach
evidence of authority to sign.)
Contract Documents