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Waterside P1-CN 920201 CONTRACT DOCUMENTS GRADING IMPROVEMENTS FOR WATERSIDE ESTATES NO. 2, PHASE I CITY OF COPPELL, DALLAS COUNTY, TEXAS FEBRUARY, 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 This Agreement is dated the day of , 1992 by and between Standard Pacific of Texas L. P., (hereinafter called Owner) and Brazos Valley Contracting Co., (hereinafter call 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: Grading Construction for Waterside Estates No. 2, Phase I reflected in the construction plans entitled ItC onstructlon Plans for Waterside Estates No. 2, Phase I," Coppell, Dallas County, Texas and prepared by Dan M Dowdey 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, Phase I. ARTICLE 2. ENGINERR 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 Fifteen (15) 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 ~aF6h %~ , 1992. Phase lA shall be completed within five (5) working days and shall be completed first. ARTICLE 4. CONTRACT PRICE Owner shall pay Contractor for performance of the work in accordance with the Contract Documents in current funds as follows: Forty four thousand nine hundred fifty seven and 00/100, ($ 44r957.10 ). ARTICLE 5. PAYHENT 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 will be on the basis of the work measured by the schedule 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 90% of the contract price, less such amounts as Engineer Owner shall determine in accordance and 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 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 ~eports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting 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 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 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 Nortgage 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 ~ortgage and Lender's rights thereunder. No change order shall be effective without the prior written approval of the Lender except for permitted scope changes. ~LRTXC~ 7.0 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 agreement; 7.2 Contractor's Bid; 7.3 Insurance in the amount reflected in attached certificates; 7.4 Amendments to General Conditions; ?.5 General Conditions ~ 7.6 Special Conditions and Technical specifications; 7.8 Drawings (sheets 1 to 28); COVER S~EET WATERSIDE ESTATES NO. 2, PHASE I 1 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 above 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. MISCELLANEOUS 8.1 Terms used in the Agreement which are defined in Article I 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 on another 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 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. OTHER PROVISIONS IN WITNESS WHEREOF, the parties hereto signed this Agreement in triplicate. One counterpart each has been delivered to Owner, Contractor and Engineer. Ail 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 , 7992. OWNER: CONTRACTOR: Standard Pacific of Texas, L.P. Brazos Valley Contracting 5525 MacArthur Blvd., Suite 580 Route 7, Box 327 Irving, Texas 75038 Waco, Texas 76705 By: By: Michael Brady Division President (214) 550-0426 (817) 875-2552 I WATERSIDE ESTATES NO. TWO I COPPELL, TEXAS IEXCAVATION Unit i Quantity Price Amount Unclassified Street, Alley and Lot Excavation 25,967 C.Y. $ 1.30 $33,757.10 IFinal Lot Grading Tolerance (-0.10' to +0.30') Full Width Benched Pad 64 Lots 175.00 7.1,200.00 I Total $44,957.10 Working Days = 15 I I * Note: I 1. Of this total, 9,884 C.Y. of material is available from Phase One and the remainder will be generated from Phase Two (16,083 C.Y.). I 2. Street and alley excavation to be 0.10'± of design elevation. i3. Contractor is responsible for restaking expense in the event stakes are destroyed. 4. The contract price includes clearing and grubbing of site. I 5. A $100.00 per day penalty will be incurred on the Contractor if the work is not completed in the said amount of working days.