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DR9001-CN 901111This document has important legal consequences; consultation with an attorney is encouraged with respect to its completion or modification. ST'AND~RD FORM OF AGREEMENT ' BETWEEN OWN]?,R AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE Prepared by ENGINEERS' JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONALIENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AME?CAN C.O..N. SULTING ENGINEERS COUNCIL AMERICAN 'SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by This Standard Form of Agreement has been prepared for use with the Standard General Conditions of the Construction Contract, No. 1910-g, 1993 edition. Their provisions are interrelated and a change in one may necessitate a change in the others. The suggested language for instrudtlons to bidders contained in the Guide to the Preparation of Instructlons to Bidders. NO. 1910-12, 1983 edition, is also carefully interrelated with the language of this Agreement. Comments concerning their osage are contained in the Commentary on Agreements for Engineering Services and Contract Documents, No. 1910-9, 1981 edition. See also Guide to the Prepar/~tion of Supplementary Conditions, No. 1910-17, 1983 edition. E.ICDC No. 1910-8-A-I (1983 Edition) · NOTE TO USER Cer~nin stales and federal agencies require provisions in public conlracts which permit Contractors to deposil acceptable securities with Owner or a stakeholder ~n lieu of retalnage. Many Owners will not accept this procedure except where required by Laws or Regulations. In the event such a procedure is required, the provisions of this Agreement and possibly those of the other Contract Documents dealing with retainage should be amended, and an attorney should be consnlted to prepare the revised language. Among the issues to be addressed by such language are: initial and subsequent valuations of the securities, fight to withdraw excess collateral and obligation to deposit additional collateral as market value changes, who is entitled to interest and dividends on deposited collateral, rights of construction lender in deposited collateral, respon- sibilities of stakeholder, may eollaterul be .freely sold in the event of Contract.or default and method of such sale, and application of Uniform Commercml Code and state and federa security laws to the arrangement. © 1983 National Soclc~y o£ Profess;onat Englnecr~ 2029 K Street, N.W., Washington, DC 20006 ..American Consulting Engineers Council I015 15th street, N.W.. Washington, DC 20005 American SOciety of Civil Engineers 345 East 47.th. Street, New York, NY 10017 Construction Specifications Institute 601 Madison Street, Alexandria, VA 22314 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PR1CE THIS AGREEMENT is dated :ts of the //¢-~-/- day of year 19.,, 90 by and between, Connell Development in the .(hereinafter col ed CONTRACTOR). · ._._(,(hereinafter called OWNER) and Co J.~c.,. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forlh, 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 follo~vs: Construct 10' x' 8' box culvert and appurtenances from Sandy Lake Road to Willow Lane, Coppell, Texas. The Project for which the Work under lhe Contract Documents may be thb whole or only a part is generally described as follows: Connell Skaggs Addition Article 2. ENGINEER. The Project has been designed by Pacheco Koch Consulting Engineers, 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 onnectmon w~th completmon of the Work in accordance with the Contract Documents. Artlele .3. CONTRACT TIMEi ' 3.1. The Work will be substantially completed on or before March 31 · 1991 ~ and completed and ready for final payment in accordance with paragraph 14.1'3 of the General Conditions on orbefore April 30 . 1991 ~."'J~e Work will be substantially completed within days from the date when the Co_~m~r~t _T_i_m.,e_~ces to run as provided in. paragraph 2.3 or the General Conditi.o.n.s. and c~"~d and ?ady~for fi.no .~t~me. nt in accordance w,th paragraph 14.13 of the General Cond,tions~n~in OW' - _and CONT. ACTOR V or. Agreement and that OWNER will su~'L"r-~nanelal l~th!~ !he t!_mes_ liquidated damages for d OWNER ~ __ ) for each day that exp~the time specified in paragraph 3.1 for Substantial Comp etion~tiL'the Work is ,-~.mple!e, the remaining Work x~ithin the Contract Time or any proper ~extension.lhereof g.ranle~tP,h~, in the event all easements necessary to comp±ete the work are not obtained by February 1, 1991 then these dates shall be extended by the number of days after F~bruary 1, 1991 that such easements are obtained. ~R ~hali pay OWNER,._~~Ires after the time Article 4. CONTRACT PRICE. 4.]. OWNER shall pay CONTRACTOR for completion of thc Work in accordance with the Contract Documents in current funds as follows: See attached Exh~.t:±t: [here insert a lump sum, unit prices or both, i£necessary attach exhibits and list them in Article [CONTRACTOR's Bid may be attached as an exhibit to avoid lengthy retyping or unit price schedules, formulae £or escalation of prices, in£ormation as to alternatives, etc.] Arfide $. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 or the General Condi- ~ons. Apphcahons for Payment will be processed by ENG1NEER as provided n the General Conditions. 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. on or about the ~ day of each month during construction as provided below. Ail progress payments will be on the basis of the progreg~ of the Wbi'k measured by the schedule of values established in lsen~b,n~a-.3~ of the General Conditions [and in the case o~' Unit Price Work based on the number of units completed) or. Jn 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 percentage indicated below, 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 ~ara~,,,vh 14.7 of the General Conditions. ~[0 % or Work completed. If Work has been 50% completed as determined by ENGI- NEER. and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them. there will be no additional retalnage on account of Work completed in which ease the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 10 % ofmaterials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in para- graph 14.2 of the General Conditions). ~~etlon. in an amount sufficient to increa~ mta~-~N' -or-OWNeR-amy ,a ithhold, in accordance with paragraph 14.7 of th~ 5.2., Final Payment. Upon final completion and acceptance of the Work in accordance with '1~ ?. :2 :f tl)e General Conditions, OWNER s lal pay the remainder of the Contract Price as recommended by ENGINEER as provided in said .,,',,",g,-',.,,~, ~,~ '3. Conditions. Article 6. INTI~R~ST. All moneys not paid when due as provided in 'gmbzK--f4,-~ the General Conditions shall bear interest at the maximum rate allowed by la,.,., at the l?lace of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into th~s Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has famillaHzed 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 thc Work· 7.2. CONTRACTOR has studied care£ully all reports or explorations and tests of subsurface conditions and drawings o£phymcal c'ondlt oas ~hich are identi~ed in the Supplementary Conditions as provided in ~ the General Conditions, and accepts the determination set forth in .ea~,a~g.g-4~.~ the Supplementary Conditions o£ the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to reply. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibHity for obtaining -',nd care£ully studying) alt such exarn~naHons, investigations, explorations, tests, reports and studies (in addition to or to supplement those re{erred to Ln-.par-.a~,_~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 o£ the Work as CONTRACTOR considers necessary for the performance or furnishing or the Work nt the Contract Price, within the Contract Time and in accordance with the other terms and conditions or the Contract Documents, [ncluding specifically the provisions o£~?_g~ph .~.2 c~the General Conditions; and no additional exam~naHons, 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 indicaled on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for thc accurate location of said Underground Facilities. No additional examina- tions, investigations, explora6ons, rests, reports, studies or similar in£ormation or data in respect of said Underground FaciIhles are or will be required by CONTRACTOR in order to perform and £urnls.h the Work at lhe Contract Price· within the Contract Time and in accordance with the other terms and conditions or the Contract Documents, including speclflcally the provisions of ~,'.,g,.-,p~ .~ '~ _,:~ lhe General Condltlons. ' ......... 7.5. CONTRACTOR has correlated the results of all such observations, xam~nabons, 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 DO~:uments and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. ':"' The Conlract Documents which comprise the entire agreement between OWNER. and CONTRACTOR concerning the Work consisl of the following: 8. I. This Agreement (pages I to .. 5 . inclusive). 8.3. Performance and other Bonds, identlfled as exhibits. pages. A&R and consisting of 8.4. Notice of Award. 8.5. General Con ' ' t,., .... .. dltlOnS ,r--~-- 10 , 8.6. Supplementary Conditions (pag'~ 1 :...,...:., General Conditions shall b~ as outlined .......... e>. in the Standard Specifications for Publi · . Works Construction, North Central Texas · to ? , ~nclus~ve). Council of Governments. 3 '" Standard Specifications for.-%,blic Worl.~ -' ~ ~ ~Ju~ ~rUC~lOn, g.7. pecmcnhons beating the title S '" ' North Central Texas Council ~ Governments. ' and consisting of. 8, d{v{fions nnd 478 pages, ns ~{s~ed {n ~nb~e ofcon~e.~ ~hereof. 8.8, Dmw;ngs, confisfing ora cover shee~ and shee~s numbered 1 ~hrough __ emch shee~ bearing ~he fo~ow~ng gene~ ~ainage I~rovements-~nnell S~s Addition [F~U ~n, and, ~fn se~ of Draw{ngs ~s .o~ n~mched ~o ench figned coun~e~n ~.d~ca~6, {n wh{ch ca~e O~NER nnd CONTRA~OR ~hou~d ~n{fin; or o~he~se appropriately ~denfify ~U Draw{ngs.] 8.9. Addenda numbers to .., , 'nc]us~ve. g. I0. CONTRACTOR's B{d (pages 1 to ~ 2 . inclusive) marked exhibit. C [Attach Bid Form only in special circumstances.] g. ll. Documentation submitted by CONTRACTOR prior to Notice of Award (pages -- , [nclos[ve). - tO g. 12. The following which may be deffvered or issued after the Effective Date of the Agreement and are not attached hereto: Ali Written Amendments and other documents amending, modifying, or supp]e- menling the Contract Documents pursuant to ~ the General Conditions. g. 13. The documents listed in paragraphs g.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents othef.tha, those l{sted above in th{s A~icle g. The Contract Docume.ts may only be amended, modffled or supplemented as prov[ded in ~"-'"'-g?-ph-- _'3.~ -.--' ~ · :f the General Conditions. - ....... A~ilcle 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in ~ the General Conditions will have the meanings indicated ;n the General Conditions. 9.2. No assignment by a party hereto 0fany rights under or interests in the Contract Documents will be binding on another p,'tr~y hereto without the written consent of the party, sought to be bound: and specifically but without limitation moneys that may become du~' and money's 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 Conlracl Documents. 9,3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal represen- tatives to the other party hereto its partners, successors, assigns and legal representatives in resl~ect of covenants, agreements and obligations contained in the Contract Documents.. Article I0. OTHER PROVISh~,~S. IN 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 o~:'identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on _ ff - ') OWNER' Connell Development Co. ' dr ss rot g,v,ng notices f 'P, 0. Box 541057 Dallas, Texas 75354-10S7 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) CONTRACTOR [CORPORATE SEAL% Address for giving notices License No. Agent for service of process: (If CONTRACTOR is a corporation, attach'evl- dence of authority to sign.) 5 SUPPEEMENTARY CONDITIONg BOX CULVERT AND-STORM DRAINAGE IMPROVEMENTS CONNELL SKAGGS ADDITION COPPBLL, TEXAS PAGE 1 This project will be administered through a two-way contract between the awarded Contractor and the Owner (Connell Development Co.). Inspection and acceptance of all items of work will be.performed by representatives of the City of CoppelI or the Owner. ]]xample copy of the Contract is enclosed. Drawings: Construction drawings pertaining to thls project have been prepared separately byPacheco Koch , and are listed as follows: ,Dascriptlon Drainage Area Map Box Culvert Plans Sta. 23+21-27+00 Box Culvert Plans Sra. 2?+00-32+05 Box Culvert.Plans Sra. 32+05-36+09 Standard Details - Curb Inlets Drawing No. Date 1004-04 Aug, 90 1004-05 Aug,90 1004-06 Aug,90 1004-07 Aug,9p 1004-08 Aug,90 Std. Dtls. - Cast-ln-Pie. Sgl. Box Culv. 1004-09 · A~g,90 3. Contract Documents: The General Contract Conditions, and the eoastruetion materials and methods applicable to this project shall be as defined by the North Central Texas Council of Governments "Standard Specifications for Public Works Construct}on, dated 1983, including revisions to date, exoept where amended by the Special Conditions of the Project Proposal and all applicable City of Coppell Standards and Speelflcations. 4. Priority of Contract Documents: In ease of conflict between Contract Documents, priority of interpretation shall be in the following order: signed Agreement, Performance and Payment Bonds, Proposal and Special Provisions, Drawings, applicable City of Coppell Standards and Speelfieations, the Standard Specifications for Public Works Construction - North Central Texas, standard drawings, referenced specifications. 5. No bid bond shall be required from prospect{ye Bidders for this project. 6. All testing and inspection Of materials and products incorporated into the work, shall be provided by the Owner. The Contractor will be furnished with five (5) sets of construetion'plans at the start of the project. Two (2) of those sets will be stamped by the City of Coppell "Approved for 'Construction". These two sets should be preserved for: (1) preparation of Record Drawings, and (2) inclusion into files of the Contractor. Additional sets will be made available by the Owner's Engineer at the Contractor's expense. At' t.h? conclusion of project work, thc Contractor shall be responsible for submitting to the Owner's Engineer, Pacheco Koch . one set of drawings, stamped "Approved for Construction", showing all changes made {n the work during construction. These drawings shall be certified by bearing the Contractor's seal, sign.ed and dated bya pcrs0h'authorized to execute this acknowledgement for the 10. 11. PAGE 2 The Contractor shall submit copies of the Payment Bond, I~erformance Bond and Certificates of Insurance for this project, as required by NCTCOG Standard Specifications, to thc Owner with additional copies provided to the Owner's Engineer, and a designated representative of the City of Coppell. Contractor agrees 'th conform to //[! £/~dei'a-~, State, hrrd iuc'aT Feqmrements regarding trench safety. All construction is to be in conformance with the above requirements and in a safe manner. Line and grade stakes for the pro.j.e, et .will be set once by the. Ow. ncr per S~etion 1;32.1 of the N,C.T.C.O.G. Spee,heatmns. Additional staking m to be at the expense of the Contractor. 12. All fees which are applicable to the scope of the contract shall be paid by thc Contractor but not included in his base bid. The Contractor shall provide the Owner with pro{~r verlf[~ation of the actual cost for the above permits and/or fees; and following receipt of proper verlfleatlon and subsequent approval, the Contractor shall be reimbursed by the Owner for the actual cost. All fees shall be brought to the attention of the Owner for his review prior to payment by the Contractor. The Contractor shall be rekPonsible for submittal of shop drawings for box culvert and inlet construction to the' Owner for his use and revew. Ail pipe joints, and precdst box culvert joints shall be made with cold applied preformed plastic gaskets.... EXHIBIT "C" ITEM/ZED UNIT PRICE BID FORM, ' Connell Skagg~ Addition Connell Development Company Itemized Bid Proposal Page. I of.2 B~Ox CULVEi~T AND STO1ZM DEAINAG]Z IMPI~OV]ZMIZHT~ .~.t e m No. _Qtv_ 1 1250 Unit Deserlptlon & Unit Prlee in Word~ LF Ip'xS' S.[ngle Box Culvert (Cast-m-Place or Preeast), ineludlng-, removal and replaeemnt of fences, elearln~, removal of required trees, exeavatlon, backfill, grading as indicated, compacted stone base, connection to existing. box culvert (including removal and off-site disposal of headwall and slope protection if required), eonstrue- tlon of 4-14' modified curb inlets and final clean-up. The following items are to be included in the linear foot prlee for the box eulverti 'construction of 3 drop inleis installation of 35 L.F. of 30-inch relnforeed concrete pipe - Class including horizontal bends, eonneetlons to existing R.C.P.'s and the box culvert, excavation, embedment, backfill and final clean-up. 'an d ~. '.-'-'~r ars . ~_ cents . per linear foot, complete in place. Unit Priee _In Yi~fures _Amount. Transition at.upstream end of box 'culvert remo.v, al. and replacement of fences, exeavatlon, · backfill, and final clean-up. , ,,sog. 9° and ... ~c~ cents luml~'sum, complete in place. " 3354b/0127 Connell Skaggs Additlon Connell Development Company Itemized Bid Proposal Page, ~. of_~_2 .BOX CULVERT AND STORM DRAINAGE IMPROVEMEJT'I~ .Item No. ~ty .Unit 3 1~5o LP _Description & Unit Price in Words Unit Price In Plates .A. mount Trench Safety .Program, ~nd .. Sf~iu cents per lin.ear foohleomplete in plaee. TOTAL BOX CULVERT AND STORM DRAINAGE ' IMPROVEMENTS ~0 3354b/0127