HomeMy WebLinkAboutSCH Drainage Contract AGREEMENT
BETWEEN TOWN AND CONTRACTOR
THIS AGREEMENT is dated as of the _day of in the year 2009, by and
between the Town of Westlake, Texas (hereinafter called OWNER) and
(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:
Drainage Improvements
The Project for which the Work under the Contract Documents may be the whole or only
a part is generally described as follows:
Stagecoach Hills
Article 2. ENGINEER.
The Town Engineer who is hereinafter called ENGINEER and who is to act as
OWNER'S representative, assumes all duties and responsibilities and has the rights and
authority assigned to ENGINEER by the OWNER in connection with completion of the
Work in accordance with the Contract Documents.
Article 3. CONTRACT TIME.
3.1. CONTRACTOR agrees to commence work within ten (10) days after the date of
written notice to commence work, and to complete the work on which he has bid within
30 working days as provided in the General Conditions.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price
Work Basis in accordance with the Contract Documents in current funds based on the
measured quantities and the unit prices stated in the Proposal.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment on work completed during the
previous month on the first day of the month. CONTRACTOR shall present only one
Application for Payment each month. Applications for Payment will be processed by
ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days
of the date of the invoice.
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Article 6. INTEREST.
All moneys not paid when due shall bear interest at the maximum rate allowed by law at
the place of the Project.
Article 7. CONTRACTOR'S REPRESENTIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the
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 binds itself to use such materials and so construct the work that
it will remain in good repair and condition for and during the period of two (2) years from
the date of the repair and to maintain said work in good repair and condition for said
term of two (2) years. CONTRACTOR binds itself to repair or reconstruct the work in
whole or in part at any time within said period, if in the opinion of the ENGINEER, it be
necessary.
7.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall
indemnify and hold harmless OWNER and ENGINEER and their consultants, agents
and employees from and against all claims, damages, losses and expenses, direct,
indirect or consequential (including but not limited to fees and charges of engineers,
architects, attorneys and other professionals and court and arbitration costs) arising out
of or resulting from the performance of Work, provided that any such claim, damage,
loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury
to or destruction of tangible property(other than the Work itself) including the loss of use
resulting there from and (b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR, and Subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, regardless of whether or not it is caused in part
by a party indemnified hereunder or arises by or is imposed by Laws and Regulations
regardless of the negligence of any such party.
7.4. In any and all claims against OWNER or ENGINEER or any of their consultants,
agents or employees by any employee of CONTRACTOR, any Subcontractor, any
person or organization directly or indirectly employed by any of them to perform or
furnish any of the Work or anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 7.3 shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by or for
CONTRACTOR or any such Subcontractor or other person or organization under
workers' or workmen's compensation acts, disability benefit acts or other employee
benefit acts.
Article 8. Contract Documents
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
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8.1 Notice to Bidders consisting of one (1) page.
8.2 Instructions to Bidders consisting of three (3) pages.
8.3 Proposal consisting of Five (5) pages.
8.4 This Agreement consisting of four(4) pages.
8.5 Performance, Payment and Maintenance Bonds consisting of four(4) pages.
8.6 General Conditions consisting of 26 pages.
8.7 General Requirements consisting of 14 pages.
8.8 Construction Plans consisting of seven (7) sheets as prepared by Graham
Associates, Inc.
8.9 Addenda Nos.
There are no Contract Documents other than those listed above in this Article 8.
Article 9. TERMINATION.
OWNER may terminate contract if CONTRACTOR persistently fails to perform the work
in accordance with the Contract Documents including, but not limited to, failure to supply
sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any
substantial way any provisions of the Contract Documents. OWNER may, after giving
CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and
Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from
the site and take possession of the Work.
Article 10. MISCELLANEOUS.
10.1. 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.
10.2. 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.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed five (5) copies of
the Agreement. Two counterparts each have been delivered to OWNER and
CONTRACTOR, and one counterpart has been delivered to ENGINEER. All portions of
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the Contract Documents have been signed or identified by OWNER and CONTRACTOR
or by ENGINEER on their behalf.
This agreement will be effective on the day of , 2009.
OWNER: CONTRACTOR:
Town of Westlake, Texas
By: By:
Laura Wheat, Mayor
ATTEST: ATTEST:
Kim Sutter, Town Secretary
Address for giving notices: Address for giving notices:
3 Village Circle, Suite 202
Westlake, Texas 76262
(If OWNER is a public body, attach List name of person to whose attention
resolution authorizing execution of notices are to be sent:
Agreement. )
(If CONTRACTOR is a Corporation,
attach evidence of authority to sign.)
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