Wynnpage-CN 911014WYNNPAGE ESTATES
COPPELL, TEXAS
90051-G
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I .4IA .~ Al07
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Abbreviated Form of Agreement
, Between Owner and Contractor
For CONST. RUCTION PROJEC'T5 OF LIMITED SCOPE wbere
the ~zsis of Pa. Fr,~e.t ~ a $TIPUZATED SUM
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1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAl. CONSE~UENC. F.S; CONSU1.TATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPI. ETION OR MODI£1CATIO1V.
Thb doctu~cm t~,'ludcs abbr~viatcd C.~m:~-zl ConditJoa.% ~nd should ~ot 1:~ I~d 'with oth~, Ic~c~ coadhiona. '
It h~s been ~pproved znd zndo~ed by The/a.soc~ted Gr, ne3~ Conu~aors of America.
AGREEMENT
m~d¢ ~ of thc Fourteenth day Of October in
Nineteen Hundred and Ninety-One i ' '
BE~NEEN mc Owner: ~L CONSTRUCTZO~ CO~.~Y, ZNC. %%
CN~me~v~u) 6161 Harry Hines, Suxte 210
Dallas, Texas 75235 . ~/~
(214) 630-6161 i i ~//~
znd ;.be Contr3ctor: L.H. Lacy Company~~'
(;~a,,,~,,~) P.O. BOX 541297
Thc Projecl is:
CA'~ a~ k~.4ltOn)
Dallas, Texas 75354-1297
(214) 357-0146
WYNNPAGE ESTATES
Coppell, Dallas County, Texas
Engineer
Th~ ~: Unzicker, Schnurbusch, &.Associates, Inc.
8700 Stemmons Freeway, Suite 400
(~o'~) Dallas, Texas 75247
(214) 634-3300
Thc Owncr andContra~oragree ~ ~l ~rthbelow.
':21.1
21.3
21.4
21.5
21.6
AR'~CLE ~1
OTHER CONDrnON$ O~
Upon request by Owner, Contractor shall obtain and thereafter at
all times during the performance of the Work maintain a Performance
Bond and a Labor and Material Payment Bond each in 100% of the
Contract Sum each in form and substance and with sureties
satisfactory to Owner. Bond premiums shall be paid by Owner. Ail
premium refunds, if any, from any such Bonds shall belong to Owner.
So long as' Owner is not in default under the Contract, Contractor
shall not voluntarily permit any laborer's materialmen's,
mechanic's or other similar lien to be filed or otherwise imposed
on any part of the Work om the property on which the Work is
performed. If any laborer's, materialmen's, mechanic's or other
~imilar lien or claim thereof is filed and if Contractor'does not
cause such lien to be released and discharged forthwith, or file a
bond in lieu .thereof, Owner shall have the right to pay all sums
necessary to obtain such release and discharge and deduct all
amounts so paid from the Contract Sum, or deduct same from the next
succeeding Application for Payment until the total amount of same
shall be recouped, as Owner may elect. Contractor shall indemnify
and hold Owner harmless from all claims losses, demands, causes of
action or suits of whatever nature arising out of any such lien or
that part of the Work.covered thereby.
The Contract Documents constitute the entire agreement betwee~ the
parties hereto with respect to the matters covered thereby.' Ail
prior negotiations, representations and agreements with respect
thereto not incorporated in the Contract Documents are hereby
superseded. This Agreement can be modified or amended only by a
document duly executed by the part~es hereto..
Contractor shall not assign all dr any part of this Agreeme~ or
any monies due or to become due hereunder without the prior written
consent of Owner. Owner may, without the consent of Contractor,
assign thi? Agreement t~ any other party or entity, provided Owner
continues co be responsible for the performance of such assignee of
Owner's obligations hereunder. Subject to the foregoing, this
Agreement shall insure to the benefit of and be binding upon th~,~-
parties hereto and their?espective successors and assigns.
This Agreement shall be ~overned by and construed under the l~of
the State of Texas.
See Exhibits A, B, C, D and E (the addendum), attached hereto and
incorporated herein by reference.
~. O~%3WL/CONSTRUCTION~C~MPANX, I_NC/~,CT. OR L.H. LACY COMPANY
! .... '
~ ~'"'~ / ' ' . ~) ~ '. .
~. Wa~n Levell, President/~~e. Mciver, Chai~an of the Board
~XHIB~T B
The Contract Sum has been determined on the basis of the following estimates
of the quantities of the various cateqories of Work to be performed and the
materials to be furnished in order to perform the Work in accordance with the
Contract Documents at the unit prices shown:
DESCRIPTION
QUANTITY UNIT PRICE TOTAL
6" 3000 PSI REINF. CONCRETE
STREET PVMT
12,605 S.Y. $ 14.59 $183,906.95
PAVESTONE STREETSCAPE INCLUDING
SUBGRADE PREPARATION
205 S.Y. 27.00 5,535.00
6"-4"-6" REINFORCED CONCRETE
ALLEY PAVEMENT
6,110 S.Y. 13.30 81,263.00
LIME STABILIZED SUBGRADE
20,441 S.Y. 1.07 21,871.87
HYDRATED LIME
275 TONS 80.00 22,000.00
STD STREET HEADER (REINF. CONC.)
27 L.F. 3.00 81.00
GUARD FENCE W/REFLECTOR TAPE
LEFT TURN LANE COMPLETE IN PLACEi
SAWCUT & REMOVE ExisTING DRIVEWAY
PAYMENT, PERFORMANCE AND
MAINTENANCE BOND
TESTING
27 L.F. 21.00 567.00
1 L.S. 26,709.00 26,709.00
50.00
1 L.S. 500.00
1 ~.S. 4,000.00
1 'L.S. 5,200.00
4,000.00
5,200.00
TOTAL AMOUNT BID %~
acknowledged and agreed that the actuaI amount of Work to be performed
to be furnished under this Agreement may vary from the foregoing
estimates. Payment shall be for the actual amount of such Work Done and
materials furnished at the unit prices shown above. The actual measured or
computed length, area, solid contents, number and weight only shall be used
to determine quantities for final payment; no extra or customary measurements
may be used. Any adjustment to the Contract Sum set forth in Article 3 by
reason of any variance in quantity of Work performed or material furnished
shall be made only by Change Order. All materials testing, permit fees other
than 2% City Inspection fee shall be the responsibility of the Contractor.
PAGE 1 OF 1
Da~n, ent lot %. ~ done properly executed in accordance with the
Contract Documents prior to the effective date of
termination, (the basis for such payment shall be as provided
in the Contract Documents) and for costs directly related to
Work theretofore and thereafter performed by Contractor in
terminating such Work or subcontract including reasonable
demobilization and cancellation charges provided said Work is
authorized in advance by Engineer and Owner. No payment shall
be made by Owner, however, to the extent that such Work or
subcontract is, was or could have been terminated under the
Contract Documents or an equitable adjustment is made or
denied under another provision of the Contract Documents. In
case of .such termination, Owner will issue a Construction
Change Directive or authorize a .Ch.ange Order in making any
required adjustment to the date of Final Completion and/or the
Cont.ract Sum. For the part of the Work terminated, the
a. ppllcable provisions of the Contract Documents shall continue
mn ful.i force and effect as to all Work performed prior to the
effectmve date of termination. For.the remainder of the Work,
the. Contract Documents hall remain mn full force and effect.
20.5 R_i~'hts and remedies of Owner and Contractor under th. is Article
~ ~o shall be non-exclusmve and shall be in additmon to and
9 /cumulativ. e of all other remedies available to such parties .at
\j / law or mn equity, subject only to any express limitation
~/. provided in this Agreement.
21.~,~ '_C_o_~tractor agrees to indemnify and hold Owner and .WYNNPAGE
m'~J~./ESTATES, Ltd. and Its' partner? harmless from an.d agaznst all
~/~,7,~/:laims, demands, causes of action and expenses (mncludin~, but
"'-- ;~'~not limited to, cou. rt costs and attorney's fees) arisin-g out
. of or in connectmon with the work performed and to be
~ performed hereundgr, such indemnification and hold harmless
R~ agreement of Co~tractor to be performed by ~ Contractor,
&ny suc,-~ ind~i£i~d ~i~i~,n, d~,,a.~d, ca~e of [action