09 - Pump Track Construction Contract with American Ramp Company

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Technical Specifications & Construction Drawings; the OWNER's Standard Construction Details; the October 2004 Edition of the Public Works Construction Standards - North Central Texas as amended and published by the North Central Texas Council of Governments, as amended by the OWNER (collectively, the "NCTCOG Specifications the OWNER's written notice to proceed to the CONTRACTOR; the CONTRACTOR's Bid Proposal; the Performance, Payment, and Maintenance Bonds; and, any other bid materials distributed by the OWNER that relate to the Project. These Contract Documents are incorporated by reference into this Construction Agreement as if set out here in their entirety. The Contract Documents are intended to be complementary; what is called for by one document shall be as binding as if called for by all Contract Documents. It is specifically provided, however, that in the event of any inconsistency in the Contract Documents, the inconsistency shall be resolved by giving precedence to the Contract Documents in the order in which they are listed herein above. If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction Drawings it shall be the CONTRACTOR's obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the CONTRACTOR fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the CONTRACTOR shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the project. B. Total of Payments Due CONTRACTOR For performance of the Work in accordance with the Contract Bid Documents provided as Exhibit B to this contract, the OWNER shall pay the CONTRACTOR in current funds an amount not to exceed Four hundred fifty one thousand, six hundred ninety one Dollars and eighty six cents ($451,691.86). This amount is subject to adjustment by change order in accordance with the Contract Documents. C. Dates to Start and Complete Work CONTRACTOR shall begin work within ten (10) calendar days after receiving a written Notice to Proceed or written Work Order from the OWNER. All Work required under the Contract Documents shall be completed within 90 calendar days after the date of the Notice to Proceed. Under this Construction Agreement, all references to "day" are to be considered "calendar days" unless noted otherwise. 2