HomeMy WebLinkAboutLegal DocumentCONTRACT AGREEMENT
THIS AGREEMENT made the T" day of February, 2000 by and between, B. A. Cathey, LLC hereinafter
called the Contractor and Quality Enterprises, hereinafter called the Subcontractor.
WITNESSETH, that the Contractor and the Subcontractor for the considerations named agree as follows:
ARTICLE 1. SCOPE OF THE WORK
The Subcontractor shall furnish all of the materials and perform all of the work shown on the drawings,
generally described as excavation and utility improvements, and as described in detail within document
entitled Exhibit A, as annexed hereto as it pertains to work to be performed by the Subcontractor. The
work to be performed is for benefit and improvements of the project known as "Campus Parr', a 28 -unit
townhouse complex, located at:
Campus Park Townhomes
1123 Welsh Ave.
College Station, Texas 77842
ARTICLE 2. TIME OF COMPLETION
The work to be performed under this Contract shall be commenced on or before December 25' s , 1999 and
shall be substantiall completed on or before July 30` r `, 2000. Time is of the essence. The beginning of
excavation and/or demolition shall constitute commencement of work pursuant to this proposal.
ARTICLE 3. THE CONTRACT PRICE
The Contractor shall pay the Subcontractor for the material and labor to be performed under the Contract
Sum of One Hundred Eighty Three Thousand Three Hundred Eighty Five Dollars ($183,385.00) subject to
additions and deductions pursuant to authorized change orders.
ARTICLE 4. PROGRESS PAYMENTS
Payments of the Contract Price shall be paid in the manner following: Subcontractor shall submit
"Subcontractor's Application for Payment" on or before the 15 and 30#' day of each month Each
application for payment shall be based upon the most recent schedule of values submitted by the
Subcontractor in accordance with Subcontractor Documents and agreed upon change orders. Application
for payment shall be based upon the percentage sum of the properly allocable completed stored
materials, less the agreed upon r+etaivage in the amount of 5 ° /., less previous payments
Contractor. When the Subcontractor's Work, or designated portion thereof, is substantially complete and
in accordance with the requirements of the Contract Documents, the Contractor shall, upon application by
the Subcontractor, make prompt payment of retainage withheld of all substantially completed work
performed-
The Contractor shall pay each progress payment within three working days after the Contra's receipt of
"Subcontractor's Application for Payment ". Contractor shall pay each retainage payment within fifteen
working days after the Contractor's receipt of the "Subcontractor's Application for Retannage".
ARTICLE 5. GENERAL PROVISIONS
1. All work shall be completed in a workman -like manner and in compliance with all building codes and
other applicable laws.
2. The Contractor shall furnish a plan and scale drawing showing the shape, size, dimensions, and
construction and equipment specifications for property improvements. The Contractor and
Subcontractor shall agree upo n a description of the work to be performed, demon of the materials
to be used and of equipment to be used or installed, and the agreed consideration for the work to be
performed and/or materials supplied, and attach this agreement and schedule of values to this Contract
Document as Exhibits to the Contract Document.
3. To the extent required by law, all work shall be performed by individuals duly licensed and authorized
by law to perform said work
4. Contractor may at its discretion engage subcontractors to perform work hereunder, provided
Contractor shall fully pay said subcontractors and in all instances remain responsible for the proper
completion of this Contract.
5. Subcontractor shall furnish Contractor appropriate releases or waives of lien for all work performed or
materials provided at the time the next periodic payment shall be due.
6. All change orders shall be in writing and signed both by Subcontractor and Contractor, and shall be
incorporated in, and become a part of the contract.
7. Subcontractor warrants it is adequately insured for injury to its employees and others Ong loss or
injury as a result of the acts of Subcontractor or its employees or subcontractors.
8. Contractor, shall at its own expense, obtain all permits and pay all deposits and/or associated fees
necessary for the work of the Subcontractor to be performed, unless otherwise noted in Exhibit A,
"Agreement of Work to be Performed".
9. Subcontractor agrees to remove all debris and leave the premises in clean condition.
10. In the event Contractor shall fail to pay any periodic or installment payment due hereunder,
Subcontractor may cease work, without breach of contract, pending payment or resolution of any
dispute.
11. All disputes hereunder shall be resolved by binding arbitration in accordance with rules of the
American Arbitration Association
12. Subcontractor shall not be liable for any delay due to circumstances beyond its control including
weather, strikes, casualty or general unavailability of materials.
13. Subcontractor warrants all work for a period of 12 months following the date of substantial completion
of work performed by Subcontractor.
ARTICLE 6. OTHER TERMS
None
Signed this 2nd day of Febnuu , 2000.
Signed in the presence of:
Witness
By
Subcontractor Signature:
Dennis A. Sullens, owner
Quality Enterprises
Witness
By: 4J44
Con Signature:
B. Cathey, owner
B. A. Cathey, LLC
, Quality Enterprises
Schedule of Contract Values
Phase
Phase
Phase
1A
113
2
Total
Earthwork
$13,015
$13,015
$34,707
$60,737
Parking Lots
$3,641
$3,641
$9,709
$16,990
Street
$3,165
$3,165
$8,441
$1 4,772
Private Water
$2,907
$2,907
$7,751
$13,565
Public Water
$5,057
$5,057
$13,486
$23,600
Waste Water
$8,009
$8,009
$21,358
$37,376
Storm Sewer
$16,345
$16,345
$52,139
$35,794
$95,451
$183,385
CAMPUS-PARK SUBDIVISION
PROBABLE COST ESTIMATE
PAVING & SITE HVIPROVEMENTS*
TOTAL ONSITE PAVING & SITE COST $47,454.00
*Does not include paving for individual units
DRAINAGE HVIPROVEMENTS
ISBN
. ....... . ... .... .
in ....................
.
0
1
Excavation (6" depth)
CY
914
$2.50
$2,285.00
2
2" H.M.A.C.
SY
1455
$6.00
$8,730.00
3
6" Flexible Base
SY
1750
$9.00
$15,750.00
4
Lime Treatment (6" depth)
SY
1750
$1.50
$2,625.00
5
Reinforced Concrete Curb & Gutter
LF
766
$8.00
$6,128.00
6
4" Reinforced Concrete Sidewalk
SF
1062
$3.00
$3,186.00
7
Reinf. Concrete Handicap Ramp
EA
9
$750.00
$6,750.00
8
Sawcut, tie and repair at street
EA
1
$2,000.00
$2,000.001
TOTAL ONSITE PAVING & SITE COST $47,454.00
*Does not include paving for individual units
DRAINAGE HVIPROVEMENTS
ISBN
01" • M, WIN
0
9
Detention Pond
LS
1
$10,000.00
$10,000.00
10
Silt Fencing (Erosion Control)
LF
200
$1.25
$250.00
11
30" RCP
LF
29
$45.00
$1,305.00
12
4'x 2' Box Culvert
LF
24
$120.00
$2,880.00
13
24" RCP
LF
31
$35.00
$1,085.00
14
5'x 5' Junction Box
EA
1
$250000
$2,500.00
1 15
1Headwall
EA
1
$500.00
$500.001
TOTAL ONSITE DRAINAGE COST $18,520.00
WATER HAPROVEMEENTS
TOTAL ONSITE WATER IMPROVEMENTS COST $35,610.00
cAcostesti mate. x I s 1
Ifni
16
6" P.V.C. SDR 3034 Water Line
LF
1143
$20.00
$22,860.00
17
Std. Fire Hydrant Assembly
EA
1
$2,000.00
$2,000.00
18
16" M.J. Gate Valve & Box
EA
3
$800.00
$2,400.00
19
8"x6" Tapping Sleeve w/ valve
EA
2
$1,500.00
$3,000.00
20
45 deg Bend
EA
2
$250.00
$500.00
21
Cement Stabilized Embedment
LF
L'
325
$10.00
$3,250.00
�
22
12" x 6" Tapping Sleeve w/valve
EA
11
$1,600.00
$1,600.001
TOTAL ONSITE WATER IMPROVEMENTS COST $35,610.00
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23
6 PVC Sewer Pipe (6' -8' depth)
LF
1041
$35.00
$36,435.00
24
4' Dia. Standard Manhole
EA
4
$2,500.00
$10,000.00
25
26
27
Tie to Existing Manhole
Trench Safety
Standard Cleanout
EA
LF
EA
1
10411
3
$500.00
$2.00
$200.00
$500.00
$2,082.00
$600.00
TOTAL ONSITE SEWER IMPROVEMENTS COST
ESTIMATED PROJECT COST
Contigency (15%)
TOTAL PROJECT COST
$49,617.00
$151,201.00
$22,680.15
$173,881.15
NOTES CONCERNING OPINIONS OF PROBABLE CONSTRUCTION COST
Urban Design Group's (UDG) opinions of probable construction cost provided for herein are made
on the basis of our experience & qualifications and represent our best judgment as an experienced
and qualified professional engineering firm generally familiar with the construction industry and
applicable development regulations. However, since UDG has not obtained approval from the
appropriate jurisdiction and UDG has no control over the cost of labor, materials, equipment or
services furnished by others, or over the Contractor's methods of determining prices, or over
competitive bidding or market conditions, UDG cannot and does not guarantee that proposals,
bids or actual construction cost will not vary from opinions of probable construction cost prepared
by UDG.
cAcostestimate.xis 2