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DR9101-CN 910419April 19, 1991 Coppell, Texas 75019 P.E0 Re: Oak Trail Drainage Improvements Dear Ms. Daneshmand: ~C~/~ ~,~ Enclosed are one copy each of the Proposal, Certificate of Insurance, Performance Bond, Payment Bond, and Power of Attorney, and five copies of the Standard Form of Agreement which have been executed by the Contractor. We have reviewed the aforementioned forms and find them in order. The only exception is that the Certificate of In- surance for the Workman's Compensation Insurance has not yet been secured. We recommend that you sign the agree- ments now; and when the final Certificate is received, the Notice to Proceed can be issued. Therefore, please execute the five copies of the Standard Form of Agreement and re- turn all documents to us. We then will incorporate all copies into the contract documents and return two copies to you for your contract files. If you have any questions, please do not hesitate to call. Sincerely, Paul A. Tucker Engineer Associate PAT/smh Encl. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 26th day of March, in the year 1991, by and between the City of Coppell, Texas (hereinafter called OWNER) and M-S Utilities (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: OAK T~ATT. D~ATNAGE IMPROVEMENTS - Alternate C - Approximately 850 L.F. of 33-inchRCP and 42-inch RCP storm sewer and two "Y" inlets. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: OAK TRAIL DRAINAGE IMPROVEMENTS Article 2. ENGINEER. The Project has been designed by DeShazo, Starek & Tang, Inc., 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 substantially completed within 60 days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 60 days from the date when the Contract Time commences to run. 3.2. Li~uldated Damaaes. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General 1 Conditions. 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 Dollars ($100.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred Dollars ($100.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: Article 5. In accordance with Contractor's Proposal for Alternate C. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processedby ENGINEER as provided in the General Conditions. 5.1. Proaress 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, on or about the 15th day of 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 paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the n,,mher of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the pprcentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as' ENGINEER shall determine, or OWNER may wlthhold, in accordance with paragraph 14.7 of the General Conditions. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by 2 documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 90% of the Contract Price, less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2. ~. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. Ail moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. COBTKACTOR'S REPRESENTATIONs. In order to induce OWNER to enter into this Agreement, CONTRACTOR makesthe following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2. 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 paragraph 4.2 of the General Conditions, and accepts the determination set fort~h in paragraph SC-4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTI~ACTOR is entitled to reply. 7.3. 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 supple~gnt those referred to in paragraph 7.2 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 COB'r~ACTOR 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 paragraph 4.2 of the 3 General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4. 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 with respect to 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 paragraph 4.3 of the General Conditions. 7.5. 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. 7.6. 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. 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 to 6, inclusive). 8.2. Performance and Payment Bond. 8.3. Notice of Award. 8.4. General Conditions (pages 1 to 33, inclusive). 8.5. Supplementary Conditions (pages i to 9, 8.6. Certificates of Insurance. inclusive). 4 8.7. Drawings, consisting of sheets numbered 1, 2, 3, SD8, SD9, and SD14, with each sheet bearing the following general title: OAK TRAIL DRAINAGE IMPROVEMENTS 8.8. CONTRACTOR's Proposal (pages i to 6, inclusive). 8.9. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.10. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and Change Orders amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 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, 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. Article 10. OTHER PROVISIONS. ...~z~;l!~..~.___.. and CONTRACTOR have signed this?:" One counterpart each has been CONTRACTOR and ENGINEER. Ail portions of ~. IN WITNESS WHEREOF, OWNER Agreement in triplicate. delivered to OWNER, 5 the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. OWNER: CITY O~COPPELL, TEXAS BY: . A~an D/~atliffy City Manager / (CORPORATE SF-~L~ CONTRACTOR: M-S UTILITIES (CORPORATE SEAL) 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.) ATTEST: Address for Giving Notices: (If CONTRACTOR is a corpora- tion, attach evidence of authority to sign.)