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ST0102-CN021023STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the oq 3r'd day of /~('J/-O/~ ~ in the year 2002 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinaRer called OWNER) and GOLDEN TRF. E MAINTENANCE COMPANY (hereinafter called) CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mum~! covenants hereinafter set forth, agree as follows: Article 1. PROJECT DESCRIPTION. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This work shall consist of the removal of all trees shown to be removed on the exhibit produced by the City of Coppell Engineering Deparhnent entitled "Ruby Road Realignment" and shall include the following work: 1. Removal of the entire tree including stump from the current and future Ruby Road fight-of- way. Trunks and limbs too large for chipping may be disposed of at contractor's choosing. Tree parts suitable for ehlpping shall be chipped and stockpiled on site at a location designated by the City of Coppell Engineering Department. 2. A portion of the removal takes place along the south side of existing Ruby Road. This work shall be done first and shall include disposal of the existing fencing material. The contractor is responsible for traffic control and shall provide advanced warning when working within the existing roadway, shall protect the existing utility line along the south side of Ruby Road and shall leave the work site in a safe condition at the end of each work day and at the end of the total project. RUBY ROAD TREE REMOVAL UNIT PRICE BID Item Quantity Unit Description and Price in Words Unit Total Price Price NO. I-1 1 LS Tree Removal & Disposal per project description $20,900 $20,900 per Lump Sum. BID SUMMARY TOTAL BID ITEMS I-1 In Words: Twenty thousand~ nine hundred dollars TOTAL PRICE $ 20,900.00 Article 2. ENGINEER. 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. Article 3. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work 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 the - Proposal and Bid Schedule. The contract sum shall be the amount of~ Article 4. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 2-2 Contract Documents 4.1. CONTRACTOR has reviewed and checked all info, marion 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 info,mation 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, 1.20 and 1.21 of the General Provisions. 4.2. 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. 4.3. 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 5. CONTRACTOR DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 5.1. This Agreement (pages 2-2 thru 2-7, inclusive). 5.2. Exhibits to this agreement (immediately following this Agreement, inclusive). 5.3. Drawings entitled: "Sheets 1, 2 & 3 Ruby Road Realignment" for the City of Coppell. 5.4. Documentation submitted by CONTRACTOR prior to Notice of Award. 5.5. 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 1.37 and 1.38 of the General Provisions. 5.6. The documents listed in paragraphs 5.2 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. 2-3 Contract Documents Article 6. MISCELLANEOUS. 6.1. Terms used in this Agreemem which are defined in Item 1.0 of the General Provisions will have the meanings indicated in the General Provisions. 6.2. 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. 6.3. 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. 2-4 Contract Documents Article 7. OTHER PROVISIONS. 1N WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. Ail 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 Boulevard Co ~e)l, TX 75019 BY: TITLE: Address for giving notices: P.O. Box 9478 Coppell, Texas 75019 Atto: Ken Griffin, P.E. Dir. of Engineering/Public Works CONTRACTOR: Golden Tree Maintenance 1080 E. Hwy 121 Lewisville, TX 75067 ATTEST~~~ Address for giving notices: (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 2-5 Contract Documents *F'(,I'I : Fit:..: I10. :972 221 O~.-r.l Oct. 2_~ 200~:: l~:J:04~l'l P1/i GOLDEN TREE MAINTENANCE "15 years of Professional Tree Ca)e With Affordable Prices,, 1080 E. Highway 121 · Lewlsville, TX 75067 972-416-1799 ~A~: Pruning ~. Removal__ Stump Removal ~ Beltings ~ Cableing Work Address Address: Deep Root Feed n9 ...... Cavity Repair__ Hedge Removal ~ MATERIALS ALSO AVAILABLE · Hardwood Mulch * Redwood Mulch - Tree Mulch · Compost · Top Soil · Bedding Soil · Mixed Compost w/soft · Pea Gravel * Play Sand ° Cushion Sand · White Sand · Sandy Loam Quality Firewood . CALL FOR PRICES ............. ........ .- · .................... ......... ........... . ..... .. ~::.~'_:" ~ . ~ . ~ .............. :...' :..: . ~ ,~~ ~,~~ , - ............ ..................... Comments: S.b. Total ~ot., AuthOdze~l Signature: T H E · C I T Y · 0 F COPFELL MEMORANDUM Date: To: From: Subject: October 23, 2002 Whom It May Concern / /1/I / Jim Witt, City Manager~/~ // Ruby Road Project ST~l-02/Tree Removal Emergency Expenditure In an attempt to expedite the reconstruction of Ruby Road from Coppell Road to Freeport Parkway, I have declared the expenditure necessary for the removal of all trees associated with the reconstruction as an emergency expenditure for the project. It is imperative that the utility companies begin relocation and that the Ruby Road project be started and completed prior to May 2003 in order to provide proper access to The Container Store site and Wagon Wheel Park. To that end, it is necessary to begin tree removal at this time.