Copperstone-CN 960122 CONTRACT DOCUMENTS
PARKWAY BOULEVARD BRIDGE
OVER. COTTONWOOD CREEK
FOR.
COPPERSTONE
CITY OF COPPELL, DALLAS COUNtrY, TEXAS
JANUARY g~-, 1996
OWNER:
Copperstone, Ltd.
8300 Douglas, Suite 800
Dallas, Texas 75225
(214) 706-9190
Engineer:
Dowdey, Anderson and Associates, Inc.
16250 Dallas Partovay, Suite 100
Dallas, Texas 75248
(214) 931-0694
INDEX
CONTRACT AGREElvtENT
PROPOSAL
INSURANCE CERTIFICATE
AMENDMENT TO GENERAL CONDITIONS
GENERAL CONDITIONS
SPECLA~L CONDITIONS AND TECHNICAL SPECIFICATIONS
CONTRACT AGREEMENT
This Agreement is dated the ~ day of )'anuary, 1996 by and between Copperstone, Ltd.
(Hereinafter called Owner) and I.F. Clack, Inc. (Hereinafter called the 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: Parkway Boulevard Bridge for Copperstone
Addition, reflected in the Construction Plans entitled "Construction Plans for Parkway
Boulevard Bridge Over Cottonwood Creek, City of Coppell, Dallas County, Texas", and
prepared by Dowdey, Anderson and Associates, Inc.
The project for which the Work under the Contract Documents may be the whole or only
part is generally described as Copperstone Addition, Coppell, Dallas County, Texas.
ARTICLE 2. ENGINEER
The project has been designed by Dowdey, Anderson and Associates, Inc., 16250 Dallas
Parkway, Suite 100, Dallas, Texas 75248, (214) 931-0694 (hereinafter the Engineer) and
who will assume all duties and responsibilities and will have the rights and authority to
Engineer in the Contract Documents in connection with completion of the Work in
accordance with the Contract Documents.
ARTICLE 3. CONTRACT TI34'E
The Work will be substantially completed on or before Ninety (90) working days
following Contractor's receipt of written Notice to Proceed, and Completed and ready for
final payment in accordance with the General Conditions on or before April 11, 1996.
P~R. TICLE 4. CONTRACT PRICE
Owner shall pay Contractor for performance of the Work in accordance with the Contract
Documents in current funds as follows: Five.hundred ninety-seven thousand dollars and
00/100 (5597,000.00).
ARTICLE 5. PAYMt;NT PROCEDURES
Contractor shall submit application for payment in accordance with Article 14 of the
General Conditions. Applications for payment will be processed by Engineer as provided
in 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 and approved by Owner, on or about the Friday following the 10th of each
month during construction as provided below. All progress payments will be on the basis
of the pro~ess of the Work measured by the schedule of values provided for in Paragraph
14.1 of the General Conditions.
5.1-A. Prior to substantial completion, progress payments will be made in the amount
equal to 90% of the Work completed only. Contractors request for payment shall be as of
the 25th day and shall be submitted to the Engineer no later than the last day of each
month.
5.1-B. Upon substantial completion, Owner shall pay (within 30 days of receipt of
Engineers recommendation for payment) an amount sufficient to increase total payments
to Contractor to 90% of the contract price, less such amounts as Engineer and Owner
shall determine in accordance with Paragraph 14.13 of the General Conditions.
5.2 FINAL PAYM2EN~I'. Upon final completion and acceptance by the Engineer, Owner
and reviewing agency of the Work in accordance with Para~aph 14.13 of the General
Conditions, Owner shall pay the remainder of the Contract price as recommended by the
Engineer and Owner as provided in said Paragraph 14.13.
ARTICLE 6. CONTRACTOR' S REPRESENTATION ..
In order to induce Owner to enter into the A~eement, Contractor makes the following
representations:
6.1 Contractors have familiarized themselves with the nature and extent of the Contract
Documents, Work, locality and with all local conditions and federal, state and local laws,
ordinances, rules and regulations that in any manner may affect cost, progress or
performance of the Work.
6.2 Contractor has studied carefully all reports of investigation and tests of subsurface and
latent physical conditions at the site or otherwise affecting_cost, pro~ess, or performance
of the Work which were relied upon by the Engineer in the preparation of the drawing and
specifications and which have been identified in the supplementary conditions.
6.3 Contractor has made or caused to be made examinations, investigations, and tests and
studies of such reports and related data in addition to those referred to in Paragraph 6.2 as
he deems necessary for the performance of the Work at the Contract price, within the
Contract Time, and in accordance with the other terms and conditions of the Contract
Documents; and no additional examinations, investigations, tests, reports, or other similar
data are or will be required by Contractor for such purposes.
6.4 Contractor has correlated the results of all such observations, examinations, errors, or
discrepancies that he has discovered in the Contract Documents and the written resolution
thereof by Owner is acceptable to Contractor.
6.5 Contractor has given Engineer and Owner written notice of all conflicts, errors, or
discrepancies that he has discovered in the written resolution thereof by Owner is
acceptable to Contractor.
6.6 All liens of the Contractor and any fight to remove removable improvements are
subordinate to the Mortgage and Lender's rights and all subcontracts and purchase orders
shall contain a provision subordinating the subcontractors' and materialman's liens and
any right to remove removable improvements to the Mortgage and Lender's rights
thereunder. No change order shall be effective without the prior written approval of the
Lender except for permitted scope changes.
ARTICLE 7.0 CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between the Owner and
Contractor are_attached to this agreement, made part hereof, and consist of the following:
7.1 This a~eement;
7.2 Contractor's Bid Proposal;
7.3 Insurance in the amount reflected in the attached certificate;
7.4 Amendments to General Conditions;
7.5 General Conditions;
7.6 Special Conditions and Technical Specifications;
7.7 Drawings;
7.8 Any modifications, including Change Orders, duly delivered after execution of
Agreement.
There are no Contract Documents other than those listed above in this Article 7.0. The
Contract Documents may only be altered, amended or repealed by modification (as
defined in Section 1 of the General Conditions).
ARTICLE 8. MISCELLANEOUS
8.1 Terms used in this Agreement which are defined in Article I of the General Conditions
shall have the meanings indicated in the General Conditions.
8.2 No assi~mament by a party hereto of any rights under or imerest in the Contract
Documents will be binding on another party hereto without the written consent of the part
sought to be bound; and specifically but without limitation, moneys that may become due
and moneys that are due may not be assi~maed without such consent (except to the extent
that the effect of this restriction mat be limited by law), and unless specifically stated to the
contrary in any written consent to an assi~mament will release or discharge the assi~maor
from any duty or responsibility under the Comract Documents.
Not withstanding the foregoing, assi~munent of any or all rights and interests by Owner to
Owner's development lender is hereby approved by Contractor. Contractor hereby agrees
to subordinate any mechanic's or materialman's liens to the development loan.
8.3 Owner and Contractor each binds himself, his partners, successors, assigns, and legal
representatives to the other party hereto, his partners, successors, assigns and legal
representatives in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
ARTICLE 9. OTt:rER PROVISIONS
In Witness Whereof, the parties hereto have signed this Agreement in triplicate. One
counterpart each has been delivered to Owner, Contractor, and Engineer. All portions of
the Contract Document have been signed or identified by Owner and Contractor or by
Engineer on their behalf.
This Agreement will be effective on the ~_~ day of January, 1996.
OWNER: CONTRACTOR:
Copperstone, Ltd. J.F. Clack, Inc.
8300 Douglas, Suite 800 Rt. 1 Box 117A
Dallas, Texas 75225 Caddo Mills, Texas 75135
(214) 706-9190 (903) 527-3679
James P. Briscoe
Briscoe Clark Company, Ltd. xl~dent
General Partner
Contractor's Bid Proposal
Rt. 1 Box 117A
Oaddo Mills, Texas 75135
(903) 527-3679
~anuar¥ 9, [996
Jim Briscoe
Br£scae - CLark
B300 Douglas Ave. Su~e 80e
Dear Jim,
The following is a schedule o~ vaiuee ~n~ o~a~ schedule ~or the
Parkway Blvd. bridge.
I. SU~TRUCTU~
B. Abut~n~s & ~zngs s ~, ~.~
A. Type C ~a~ $ ~,~.~
DRAW
FIRST DRAW (2~ working c~ya)
SECOND DRAW
THIRD DRAW
~OURTH DRAW
If you have any fur%her questions, feel =:'ee ::o call
$i,noerely,
HIGI'IVtAy - HEArty'- UTILITY
Rt. 1 Box 117A
Caduo Mills, Texas 75135
(903) 527-3679
.-
[.
January 10, 1996 '
' Jim Brtscoe
: Brlecoe - Clark
~ 8300 Douglas-Ave~ 'Suite 800
-' Dallas, Texas 75225 -'
.. Dea~ 3im,
· - Here ia an adjusted ~raw schedule ~or the ?at,way Blvd. bridge
~. reflecting the percen=age of completion per your
DRAW
F[Rb'T DRAW
(20 working
SE~D DRAW
THIRD DRA~
FOURTH D~A~
you have any ~arCher quee~ione~ ~eel .~re~ *.~ call me.
" Sincerely,
, :.--