Waterside P2-CN 920831 CONTRACT DOCUMENTS
GRADING IMPROVEMENTS
FOR
WATERSIDE ESTATES NO. 2, PHASE II
CITY OF COPPELL, DALLAS COUNTY, TEXAS
AUGUST, 1992
OWNER
STANDARD PACIFIC OF TExAs, L. P.
5525 MACARTHUR BOULEVARD, SUITE 580
IRVING, TEXAS 75238
(214) 550-0426
ENGINEER
DAN M. DOWDEY AND
ASSOCIATES,
INC.
CIVIL ENGINEERS
16250 DALLAS PARKWAY, SUITE 100
DALLAS, TEXAS 75248
(214) 931-0694
INDEX
CONTRACT AGREEMENT
PROPOSAL
INSURANCE CERTIFICATE
AMENDMENT TO GENERAL CONDITIONS
GENERAL CONDITIONS
SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS
!
CONTRACT AGREEMENT
i This Agreement is dated the ~/~day of p~.~ ~$ ~ , 1992
by and between Standard Pacific of Texas L. (hereinafter
called Owner) and Brazes Valley Contracting Co., (hereinafter
call the Contractor).
i 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: Grading Construction for Waterside Estates No.
2, Phase II reflected in the construction plans entitled
"Construction Plans for Waterside Estates No. 2,"
, County, and prepared by Dan M. Dowdey
Coppell
Dallas
Texas
and Associates, Inc. ' '
The project for which the Work under the Contract Documents
may be the whole or only a part is generally described as
Waterside Estates No. 2.
ARTICLE 2. ENGINEER
The Project has been designed by Dan M. Dowdey and
Associates Inc 16250 Dallas Parkway Suite 100 Dallas Texas
,
,
,
,
75248, (214) 931-0694, (hereinafter call the Engineer) and who
will assume all duties and responsibilities and will have the
rights and authority assigned to Engineer in the Contract
Documents in connection with completion of the Work in accordance
with the Contract Documents·
ARTICLE 3. CONTRACT TIME
COMPLETION. The work will be substantially completed on
or before Twenty-Five (25) 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 ~z~ ~ ,1 992.
ARTICLE 4. CONTRACT PRICE
Owner
shall
pay Contractor for performance of the work
in accordance with the Contract Documents in current funds as
follows:
ARTICLE 5. PAYMENT PROCEDURES
Contractor shall submit application for payment in
accordance with Artice 14 of the General Conditions. Applications
for payment will be 'processed by the 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
on the work measured by the schedule of
will
be
the
basis
of
values provided in paragraph 14.1 of the General Conditions.
5.1a. Prior to substantial completion, progress
payments will be made in the amount equal to
90% of the work completed only. Contractor's
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.
5.1b. 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 ~0%
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 PAYMENT: Upon final completion and acceptance
by the Engineer, Owner and reviewing agency of the Work in
accordance with Paragraph 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
On order to induce Owner to enter into the Agreement,
Contractor makes the following representations:
6.1 Contractor has fam'iliarized 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
investigations and tests of subsurface and latent physical
conditions at the site or otherwise affectinq cost, progress,
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 other
terms and conditions of the Contract Documents; 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 .writ~en'.notice
of all conflicts, errors, or discrepancies that he has. discovered-
in the Contract Documents and the written resolution thereof.
by Owner is acceptable to Contractor.
6.6 All liens of the contractor and any right 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
Materialmen'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 com~'rise the entire agreement
between the Owner and Contractor are attached to this Agreement,
made part hereof, and consist of the following:
7.1 This agreement;
7.2 Contractor's Bid
7.3 Insurance in the amount reflected in attached
certificates
7.4 Amendments to General Conditions;
7.5 General Conditions
7.6 Special Conditions and Technical specifications;
7.8-Drawings (sheet I to 28);
COVER $~EET
WATERSIDE ESTATES'No. 2, PHASE I
I Cover Sheet
2-3 Final Plat
4-11 Street Paving
.12-13 Alley Paving
14-20 Storm Sewer
21-23 Water and Sanitary Sewer
24-27 Grading
~28 Utility Conduit Layout
7.9 Any modifications, including Change Orders, duly
delivered after execution of Agreement.
There are no Contract Documents other than those 'listed
'~bove in this Article 7.0. The Contract Documents may only .be
altered, amended or repealed by modification (as defined in'
Section I of the General Conditions).
ARTICLE 8. MISCELLAREOUS
8.1 Terms used in the Agreement which are defined in Article
1
of the General Conditions shall have the meanings indicated
in the General
Conditions.
8.2 No assignment by a party of hereto of any rights under
or interests in the Contract Documents will be
binding
anokher
party hereto without the written consent of the party sought
to be bound; and specifically but without limitations, 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. Not
withstanding the foregoing, assignment of any are all rights
and interests by the Owner to Owner's development lender is
hereby approved by Contractor. Contractor hereby agrees to
subordinate any mechanic's or materia!man's liens to the
development loan.
8.3 Owner and Contractor each binds himself, his partners,
successors, assigns, and legal representatives to the other
partners, successors, assigns and legal
party
hereto,
h±s
representatives in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
,_,'
ARTICLE 9. OT~ PROVISIONS
IN WITNESS WHEREOF, the parties hereto 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
~~S~ , 1992.
co c o :
Standard Pacific of Texas, ~ Brazos Valley Contracting
5525 MacArthur Blvd., Suite 580 Route 7, Box 327
Irving, Texas 75038 Waco, Texas 76705
Michael Brady ~/
Division Presiderct
(214) 550-0426 (817) 875-2552
WATERSIDE ESTATES NO. TWO
COPPELL, TEXAS
EXCAVATION
Unit
Quantity Price Amount
Unclassified Street, Alley
21,568 C.Y. $ 1.30 $28,038.40
and
Lot
Excavation
~inal Lot Grading
Tolerance (-0.10' to +0.30')
Full Width Benched Pad 68 Lots 175.00 11,900.00
Undercut pad areas C.Y. $ 1.30
Clearing & Disposal I L.S. $3,190.00 3,190.00
Total $43,128.40
Working Days = 25
* Note:
I . Street and alley excavation to be 0.10'_+ of design elevation.
2. Contractor is responsible for restaking expense in the event
stakes are destroyed.
3. A $100.00 per day penalty will be. incurred on the Contractor
if the work is not in the
completed
said
amount
of
working
days.
4. Quantity for Undercut & Rework area to be determined by field
verification by Engineer.
5. Clearing and Disposal per hourly rates as follows:
Loader 20 hours @ $ 55.00 = $ 1 ,100.00
Dump Truck 20 hours @ $ 30.00 = 600.00
Burner = 500.00
Loader for Burner 18 hours @ $ 55.00 = 990.00
Total = $ 3,1 90.00
1
JO8 = WATERSIDE I I Phase
...... ( '~' - ~ S'T m T
................ ' ~ ............... AREA bP .~t- ~ ER °pTNG)
RE~ION LAYER MATERIAL SECT~ TOTAL CUT FILL L. UI FILL
..............................................
ALLEY "E" - NAT'L GROUND ct' ' ' ......... . .... 0 0
.,JI TABLE 0 o0 4(])01 4001 ~88
ALLEY "D- 1" NAT ' L GROUND SU£ TABLE 0.00 39 (::, 39 0 1
ALLEY "D-,°'' NAT'L GROUND SUITABLE 0.00 840,'7 1159 t;'48 17
SUB TOTAL: NAT'L GROUND SUITABLE 13433 9'755 36.,-'~ 49,7-.
BLOCK 'IA" LOT 81 NAT'L GROUND SOl TABLE 0.00 0 0 0 0 0
BLOCK "A LOTS 1-~C) NAT _ GROUND SUTTABLE. (]:. C,C) ~i8~54 118c,'-~?._... -'"'" ...... ~: /..J ~41=',-,
BLOCK 'mB" LOTS 1-11 NAT _ GROUND SUITABLE 0.00' ' C', 0 0 C'
BLOCK "C" LOTS 1- 1'3 NAT _ GROUND SUITABLE C". 0C, ':}- 0 0 0
BLOCK "D" LOTS 1 -~0 NAT_ GROUND ..,_cii .~'~,', ~:.~ ~,_,,_~_= 0 . (]x} 0 0 0 r;... 0
--BLOCK""D" LOTS ~1 '36 NAT_ GROUND SUITABLE '--(~]-00 7 ...... i-4'~830 ~5160 181670 b~.~' o, 815F'
BLOCK "D" LOTS 37-4,_') NAT _ GROUND SUITABLE 0 00 ~ 34079 5097 ~898;-:' 91 168(i:
BLOCK "E" LOTS 1-8 NAT _ GROUND SOl'FABLE 0.00 i-' 66961 318'70 35091 758 644
BEOCK "F" LOTS 1 iO NAT _ GROUND SU!'T'ASLE ...... (])-/71:('.') .......... 0 0 0 -(.:) .... 0
BLOCK "F", LOTS 11-~0 NAT _ GROUND SUITABLE 0.C)0 1(}687:3 38530 68P243 754 1888
· .
BLOCK "F", LOTS ~1-30 NAT _ GROUND .... _~,JI]'ABLE 0 0(') 1~$185 8(':889 43~36 ~389
--BEOCK "F , LOTS' 31"39 NAT _ GRO'JND SUITABLE 0.00 ;' .) 0 0 0 C.,
SUB 'TOTAL: NAT ' L GROUND SUITABLE 6973~8 300~53 397(2)69 9'388 18858
CHELSEA BAY NAT L GROUND SUiTA., L._E ...... .; ,., 0 0
GREENWAY COURT NAT'L GROUND SUITABLE : 1.()(]: ~'! ' 9986 9986 0 1!85 0
GREENWAY DR. "EAST'I NAT ' L GROUND SUITABLE 1 . 00 ~ .... 0 ". ) 0 0 0
GREENWAY DR. "WEST" NAT'L GROUND SUITABLE ' '1.00 ~: 38~i4 3356Ci 4654 34(:)7 131
SUB TOTAL: NAT'L GROUND' SUITABLE ~ "$8.~00 43546 4654 453~ 131