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Signed Tank Pro contractSTANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 27 day of November in the year 2018 by and between the CITY OF COPPF,LL, TEXAS, a municipal corporation (hereinafter called OWNER) and Tank Pro, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article I. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work shall consist of replacement of several tank appurtenances, and the replacement of the interior wet, interior dry and exterior protective coating systems. Work shall include all components necessary for the "turnkey" construction of the project as shown in the plans for the Southwestern Elevated Storage Tank Rehabilitation. It will be necessary to maintain access to the adjacent properties at all times throughout the project. The project contractor shall be responsible for all traffic control and any additional work necessary to maintain the safe operation of traffic through the project site. The Project for which the Work under the Contract Documents is generally described as follows: Construction of the Southwestern Elevated Storage Tank Rehabilitation Bid No. Q-1019-01 Article 2. ENGINEER. The Project has been designed by City of Coppell Engineering Department. Contract administration 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. Article 3. CONTRACT TIME. 3.1. The Work will be completed as stated within Items 19 and 20 of the Instructions to Bidders in Section 1 of these contract documents, and the Contract time commences to run as provided in Item 103.2 of the General Provisions, and completed and ready for final payment in accordance with Item 109.5 of the General Provisions. 3.2. Liquidated Damages. For the purposes of this project, an incentive/disincentive procedure shall be incorporated into the contract based upon the provisions for the incentive/disincentive as set forth in Item 20 within the Instructions to Bidders in Section 1 of these contract documents. 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 contract sum shall be the amount of $110511679. This sum includes alternates and $30,000 maximum incentive for early completion Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Item 109.5 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, cacti 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 109.5 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 109.5.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 109.4 of the General Provisions. 5.2. final Payment. Upon final completion and acceptance of the Work in accordance with Item 109.5.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Item 109.5.4. 2-2 Contract Documents 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 102.3 of the General Provisions, and accepts the determination set forth in Item SC -105.1.3 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 102.3 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 all 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 102.3, 103.1 and 104.1 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, , and studies with the teens and conditions of the investigations, explorations, tests, reports 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. CONTRACT DOCUMENTS, 2_3 Contract 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 2-2 thru 2-7, inclusive). 8.2. Exhibits to this agreement (immediately following this Agreement, inclusive), including Performance Bond, Payment Bond and Maintenance Bond. 8.3. Certificate of Insurance. 8.4. Notice of Award. 8.5. Part 1: Standard Specifications for Public Works Construction — North Central Texas Council of Governments Fourth Edition. 8.6. Supplementary Conditions to the NCTCOG, Division 100: General Provisions (pages 3-2 thru 3-10, inclusive). 8.7. Specifications bearing the title: "Construction Specifications and Contract Documents for the Southwestern Elevated Storage Tank Rehabilitation Bid No. Q-1019-01" for the City of Coppell. 8.8. Drawings (Construction Plans) entitled "Southwestern Elevated Storage Tank Rehabilitation", for the City of Coppell. 8.9. The following listed and numbered addenda: 8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 - Bidding 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 pursuant to Items 104.2 and 109.3 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 104.2 and 109.3 of the General Provisions. Article 9. MISCELLANEOUS. 2.4 Conti -act Documents 9, 1. Terms used in this Agreement which are defined in Item 101 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 (except 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, assignors and legal representatives to the other party hereto, its partners, successors, assignors and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 2-5 Contract Documents i Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CON"TRACTOR 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 OWNER: City of Coppell 255 Parkway Bo Coppell, 01 BY: TITLE: L4M"P. — ATTEST: Address for giving notices: P.O. Box 9478 Coppell, Texas 75019 Attn: Kent Collins, P.E. Dir. of Public Works (if OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) 20 CONTRACTOR: BY: TITLE: ?ns ATTEST: Address for giving notices: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 2_6 Contract Documents STATE OF ALABAMA) TUSCALOOSA COUNTY) RESOLUTION BE IT RESOLVED that Phillip Stearman President is hereby authorized, empowered and directed to execute for and on behalf of Tank Pro, Inc., a corporation, all bid and contract documents necessary to legally bind Tank Pro, Inc. into an agreement with the projects Owner. TANK PRO, INC. By: Phillip Stearman Its: President TANK PRO, INC. By: Its: I, PhillipStearman, as President of Tank Pro, Inc. do hereby certify that the above Resolution was duly proposed, adopted and resolved, during a special meeting of Tank Pro, Inc., a corporation, on this the 16th day of Aug, 2007. SECRETARY 0 Tank Pro, Inc., 5500 Watermelon Road, Northport, AL 35473 State of Incorporation: Alabama