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AGREEMENT
STATE OF TEXAS $
COUNTY OF KERB $
KNOW ALL PERSONS BY THESE PRESENTS:
That on, the 5th day of September, 1995, the Kerr County Commissioners Court,
by Order No. 22861 accepted the BID PROPOSAL of UNDERGROUND UTILITY attached hereto
as part of the Contract Documents for the CONSTRUCTION OF SEWAGE COLLECTION SYSTEM
and WATER DISTIBUTION SYSTEM for the Kerr County Law Enforcement Center.
I.
PARTIES
THIS AGREEMENT is made and entered into by and between KERR COUNTY
COMMISSIONERS COURT (hereinafter "OWNER") of the County of Kerr and State of Texas,
acting through its Judge, Robert A. Denson, thereunto duly authorized so to do, and
UNDERGROUND UTILITY (hereinafter "CONTRACTOR") of the County of Kerr and the State
of Texas.
II.
SUBJECT MATTER
WITNESSETH: That for and in consideration of the payment and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed in the surety bearing even date herewith, CONTRACTOR hereby agrees with
OWNER to commence and complete the CONSTRUCTION OF SEWAGE COLLECTION SYSTEM and
WATER DISTIBUTION SYSTEM for THE KERB COUNTY LAW ENFORCEMENT FACILITY, hereinafter
called "THE PROJECT," in the total amount set out in the CONTRACTOR'S BID PROPOSAL,
the sum of TWENTY THOUSAND SIX HUNDRED EIGHTY EIGHT and 75/100 DOLLARS ($20,688.75),
as provided in the Bid Proposal and the Contract Documents, and all extra work in
connection therewith, under the terms as stated in the General Conditions of the
Agreement, unless otherwise explicitly set out herein, and at his own cost and
expense furnish all the materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and service necessary to
complete the said construction in accordance with the conditions and prices stated
in the CONTRACTOR'S BID PROPOSAL, this signed AGREEMENT, both of which are made a
part hereof and collectively evidence and constitute the Contract Documents.
III.
OF WORK
The CONTRACTOR hereby agrees to commence work within five (5) calendar days
after the date written notice to do so shall have been given to him, and to
substantially complete the same within FIFTEEN (15) CALENDAR DAYS after the date of
written notice to commence work, subject to such extensions of time as are provided
by the Bid Proposal and the Contract Documents.
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IV.
PAYMENT
The OWNER agrees to pay the CONTRACTOR the total amount agreed to above,
($20,688.75), upon satisfactory completion of the work described in CONTRACTOR'S Bid
Proposal, and written acceptance of same by OWNER or OWNER'S representative,
delivered to CONTRACTOR or CONTRACTOR'S designee. Such acceptance shall not be
unreasonably withheld by OWNER.
V.
INSURANCE
CONTRACTOR shall procure and maintain at its sole cost and expense for the
duration of the Agreement insurance against all claims for injuries to persons or
damages to property that may arise from or in connection with the performance of the
work hereunder by the CONTRACTOR, its agents, representatives, volunteers, employees
or subcontractors. CONTRACTOR'S insurance shall be primary insurance with respect
to OWNER, its officials, employees or volunteers. Any insurance or self-insurance
maintained by OWNER, its officials, employees or volunteers shall be considered in
excess of the CONTRACTOR'S insurance and shall not contribute to it. Further, the
CONTRACTOR shall include all subcontractors as additional insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein. Certificates of Insurance and Endorsements shall be
furnished to OWNER and approved by OWNER before work commences. Coverages shall be
of the type and in the amounts set out following:
1. Employer's Insurance:
Minimum Limits of Liability
a. Workmen's Compensation Statutory
b. Employer's Liability $100,000.00
2. Comprehensive General Liability: Include Independent Contractor's
Liability; Contractual Liability; Completed Operations and Product's
Liability; all on the occurrence basis, with Personal Injury Coverage, Owner's
Indemnity and broad form Property Damage, except the "XCU" exclusions, and
maintain Completed Operations Liability for at least one (1) year after the
date of final completion.
a. Bodily & Personal Injury:
- Each Occurrence: $300,000.00
- Aggregate: $300,000.00
b. Property Damage:
- Each Occurrence: $100,000.00
- Aggregate: $300,000.00
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3. Comprehensive Automobile Liability: Include non-ownership and hire
car coverage as well as owned vehicles:
a. Bodily Injury:
- Each Person: $250,000.00
- Each Occurrence: $300,000.00
b. Property Damage
- Each Occurrence: $100,000.00
VI.
TIME OF THE ESSENCE; LIQUIDATED DAMAGES
CONTRACTOR and OWNER agree that time is of the essence in this contract, and
that the OWNER shall be entitled to collect, as liquidated damages, not as a
penalty, the sum of $100.00 per day for each day that CONTRACTOR'S work remains
unfinished after passage of the original amount of time allotted under this contract
for completion of the work. KERR COUNTY may withhold from the CONTRACTOR'S
compensation such sums as liquidated damages.
VII.
HOLD HARMLESS AGREEMENT
CONTRACTOR agrees to and shall indemnify and hold harmless the OWNER and its
officers, agents and employees, from and against any and all claims, losses,
damages, causes of action, suits and liability of every kind, including all expenses
of litigation, court costs, and attorney's fees, for injury to or death of any
person, or for damage to any property, or for breach of contract, arising out of or
in connection with the work done by CONTRACTOR under this Agreement.
VIII.
WARRANTY
Upon issuance of a certificate of substantial completion, CONTRACTOR warrants
for a period of one (1) year as follows: contractor warrants to OWNER that all
materials provided to OWNER under this Agreement shall be new unless otherwise
approved by OWNER'S representative and that all work will be of good quality, free
from faults and defects, and in conformance with the Contract Documents. All work
not conforming to these requirements, including but not limited to substitutions not
properly approved and authorized, may be considered defective. This warranty is in
addition to any rights or warranties expressed or implied by law and consumer
protection claims arising from misrepresentation by CONTRACTOR. Where more than a
one (1) year warrant is specified for individual products, work or materials, the
longer warranty shall govern. This warranty obligation shall be covered by any
performance or payment bonds tendered in compliance with the provisions of this
agreement.
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IX.
INVALIDITY
If any provision of the Agreement shall be held to be invalid, illegal or
unenforceable by a court or other tribunal of competent jurisdiction, the validity,
legality and enforceability of the remaining provisions shall not in any way be
affected or impaired thereby. The parties shall use their best efforts to replace
the respective provision(s) of this Agreement with legal terms and conditions
approximating the original intent of the parties.
X.
ENTIRE AGREEMENT
It is understood that this Agreement contains the entire contractual agreement
between the parties and supersedes any and all prior agreements, arrangements, or
understandings between the parties relating to the subject matter. No oral
understandings, statement, promises or inducements contrary to the terms of this
Agreement exist. This Agreement cannot be changed or terminated orally. No verbal
agreement or conversation with any officer, agent or employee of OWNER, either
before or after the execution of this Agreement shall affect or modify any of the
terms of obligations hereunder.
IN WITNESS WHEREOF, the parties to these presents hereby execute this
Agreement on this ~~day of September, 1995.
KERB COUNTY COMMISSIONERS COURT
(0
R bert A. D son
Ker County Judge
UNDERGROUND UTIL
(CONY TOR
sy: ,
ame: Paul onzales
Title: Owne
Approved as to form and
content:
Kerr Countf/Attorney
September ~__, 1995
FilydDay o RD la ifs
P or'
I ~n 'Co' Re u ny.?ea as
BY ~ _Doputy
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