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HomeMy WebLinkAboutLandscapingBrazos Valley Landscape, Inc. Brazos Valley Landscape, Inc. PO Box 9922 College Station, TX 77842 (979)690-9086 bvlandscapes@gmail.com http://bvlandscape.com Home 2 Suites 300 Texas Ave. College Station, Texas 77840 Accepted By Accepted Date Estimate NOW,� pis-Ls�fli3y Q. 01/29/2015 1354 i i r aros Valley Landscape J Box 9922 College Station, TX 77842 (979)690-9086 maxwell@suddenlink.net Address TDC Construction Attn: Joe Lansdown 405-748.5080 Estimate Date Estimate # 11/07/2012 1170 Exp. Date Project Home 2 Suite Date Service Activity Quantity 1, Rate Amount 11/07/2012 Irrigation ,Design, permit and install irrigation system according to 1 10,250.00 10,250.00 'all state and local laws and guidelines. Includes -backflow device installation and certification. This does not include water meter (Miinum size required for project is 1 ") or any boring. 11/07/2012,lrrigation Installation of irrigation sleeves 1 1,250.00 1,250.00 1/07/2012 Landscape Installation of landscape as directed by plan and 1 32,255.00 32,255.00 'specifications. 11/07/2012 Site -Work Haiti in and spread 2" of topsoil over all proposed turf 1 1,855.00 1,855.00 areas, 11/07/2012 Sodding installation of 21 pallets (approx.8,694 sq. ft,) of St. 21 125.00 2,625.00 Augustine or Bermuda sod. 11/07/2012 TOM Tax on material only for new construction. 1 1,536.03 1,536.03 We look forward to working with you I f�cepted By Accepted Date Total' S0,771.03i STANDARD SUBCONTRACT AGREEMENT Contract for & Phase No. Landscaping and Irrigation Job Name: Home 2 Suites Hotel — College Station, TX Cost Code: Landscape and Irrigation Amount: $52,014.00 Job No. 649-2013 Date: July 28, 2013 THIS SUBCONTRACT AGREEMENT is made by and between TDC Construction, 6504 SW 291a St., Bldg. A, Oklahoma City, Oklahoma 73179, hereinafter referred to as "Contractor"and Brazos Valley Landscape Ind of PO Box 9922, College Station, TX / Phone: 979-690-9086/bvlandscapes@gmaii.com WHEREAS, Contractor on the 2611, day of April, 2013 entered into a contract, hereinafter referred to as "Prime Contract" with Vasu Derain, LLC., hereinafter referred to as "Owner", whereby Contractor agreed to fully and faithfully furnish all the materials and perform all of the labor for the complete construction of the Home 2 Suites Hotel located at 300 South Texas Avenue, College Station, TX hereinafter referred to as "Project" in accordance with the plans, drawings, and specifications, addenda and bidding form, hereinafter collectively referred to as 'Plans and Specifications" prepared by ADR Designs, LLC, 601 Saddle Hill Drive, Grand Prairie, TX 75050 Phone: (972) 262-1333, hereinafter referred to as "Architect (s)". WHEREAS said Prime Contract referred to above requires the Contractor to commence work on Monday, July 21, 2013, and to complete the same on or before Monday, September 21, 2014 and such Prime Contract contains provisions for liquidated damages for delay. WHEREAS, Contractor desired to subcontract to the Subcontractor the furnishing of all materials, tools, and equipment, and the performing of all work and labor necessary, including shop drawings when required, the testing of materials when required and the securing of all field measurements necessary or required, for the completion of the following portion or subdivision of the work to be performed in accordance with said Plans and Specifications, including General and Special Conditions and Contract Documents dated See Exhibit A, therefore, to -wit: THIS AGREEMENT SPECIFICALLY INCLUDES, BUT IS NOT NECESSARILY LIMITED TO: Based on proposallestimate #1170, on 03.13.13. This agreement includes all labor, material, equipment, overtime, supervision as required to DESIGN THE LANDSCAPE SYSTEM, within the guidelines of all local, state, and national standards, and agencies having jurisdiction over the project, and provide and install all landscaping, specifically including plants, bushes, tree's ground cover, metal edging, mulch and other misceallaneous materials required to complete the plan, and leave all live materials growing. It includes sod in the areas shown, to the complete satisfaction of the owner, the contractor, and the franchise. This agreement does not include the water meter, but it does include a backflow, preventor. This agreement includes the installation of a minimum size of I" water meter. This agreement includes mobilizing to the job site, in advance of the landscape portion being ready, to furnish and install the landscape sleeves for paving. This agreement does include providing, and installing 2" of top soil over the project. This agreement includes the furnish, and install of grass sod. TIME IS OF THE ESSENCE, ADHERENCE TO THE SCHEDULE IS A PRIME FACTOR IN AWARD OF THIS SUBCONTRACT. Subcontractor will return to the TDC office with the signed contract, verification of Workman's Compensation Insurance, General Liability Insurance, (If Incorporated), Federal ID Tax Number (If Sole Proprietor) Social Security Number. THESE DOCUMENTS MUST BE IN OUR OFFICE BEFORE YOU START YOUR SCOPE OF WORK. IF THESE DOCUMENTS ARE NOT IN THE OFFICE YOUR WORK WILL BE STOPPED AND ANY CHECKS WILL BE HELD UNTIL THESE ARE SUBMITTED. NOTE: If more space is required to describe work to be subcontracted, attach that description as Exhibit "A" to this agreement. NOW THEREFORE, in consideration of the following covenants and agreements, it is stipulated between the parties as follows: 1. Documents and Definitions: The Prime Contract is incorporated herein by reference and made an integral part of the Agreement. The Prime Contract includes, but is not limited to, the agreement between the Contractor and Owner, all addenda, modifications, revisions, drawings specifications, details, all general, technical, supplementary and special terms and conditions, as well as any and all other documents listed in or referred to by the Prime Contract. The Prime Contract can be reviewed by the Subcontractor at the Contractor's principal place of business during normal business hours. The Subcontractor is bound, responsible, obligated and liable to the Contractor as the Contractor is bound, responsible, obligated and liable under the Prime Contract. The term "Agreement" as used herein shall include all documents incorporated into and made a part of the Agreement between the Contractor and Subcontractor, and any revisions thereto including, but not limited to the Schedule of Work for the Project and the Schedule of Work for the Subcontractor. The term "Architect" shall be deemed to be that representative directing the work for the Owner, or any other person authorized by the Prime Contract to direct, judge, approve or reject any matter or thing connected with the performance of the Prime Contract. The Prime Contract and this Agreement shall be interpreted together and in harmony with one another. However in case of conflict between the Prime Contract and this Agreement, this Agreement shall govern the relationship between the Contractor and the Subcontractor. The Subcontractor must call any such conflict of discrepancy to the Contractor's attention. in writing. prior to executing this Affmanent. All work included in his Agreement shall be done under the direction of the Contractor, and to the satisfaction of the Contractor, Owner, and Architect. Said work shall be performed in strict accord with the Prime Contract. The work to be performed by the Subcontractor includes that work specifically set forth in this Agreement, as well as my and all other work incident or related thereto, including but not limited to that work reasonably necessary for a complete and proper Project, or which is necessary to have a property working and totally acceptable Project, built within the more stringent of applicable codes and standards. 2.1 Time is of the Essence: Both Contractor and Subcontractor acknowledge and shall be bound by the Contractor prepared Schedule of Work which may be amended from time to time. Subcontractor shall promptly provide Contractor with any requested scheduling information of Subcontractor's Work. Time is of the essence for both parties, and they mutually agree to see to the performance of their respective work and the work of their subcontractors and vendors so that the entire Project may be completed in accordance with the Project Documents, and the Schedule of Work. Contractor shall revise such Schedule of Work as the project Work progresses. Subcontractor agrees to be bound by such revised schedule and will start on date required and complete on or before date required. Subcontractor's work will be scheduled by Contractor's Job Superintendent with seventy-two (72) hours telephone notice. 2.2 Schedule Changes: Subcontractor recognizes that changes will be made in the Schedule of Work and agrees to comply with such changes. All subsequent changes to the Schedule of Work shalt be submitted to Contractor in advance of the required performance. 2.3 Priority and Commencement of Work: Contractor shall have the right to decide the time, order, and priority in which the various portions of the Project Work shall be performed and all other matters relative to the timely and orderly conduct of Subcontractor's Work. Subcontractor shall commence its work commensurate with execution of this Subcontract and if such work is interrupted for any reason, Subcontractor shall resume such work within two working days from Contractor's notice to do so. 2.4 The Schedule of Work shall be Maintained: Subcontractor shall use whatever means necessary to maintain the Schedule of Work, including additional resources such as additional crews, additional shifts of work, overtime, or other resources available to him. Such additional resources shall be employed within one (1) day's notice of falling behind schedule and shall be executed in a manner conforming to the Project Documents. Failure to perform to schedule shall be considered a default as provided in Section 8.1 herein. 3. Tools, Enninment. and Skilled Workers: The Subcontractor will famish all materials, tools, equipment and labor necessary to fully perform all of the above set forth portion or subdivision of the Prime Contract between the Owner and the Contractor in accordance with the Plans and Specifications pertaining to the above portion or subdivision of the work to be done. The work performed by the Subcontractor shall be executed by skilled and reputable mechanics and laborers satisfactory to Contractor, and the work to be done shall fully comply with the Plans and Specifications aforesaid, and shall meet the approval and acceptance of the Contractor, Owner and Architect. Subcontractor will have qualified superintendent and/or foreman on jobsite at all times. Jobsite meetings must be attended by Subcontractor's representative while Subcontractor is performing work on site until Subcontractor's phase is completed. 4. Payment of Subcontractors Coats: That the Subcontractor will promptly pay the cost or expense of all labor performed, lower tier Subcontracts and/or material famished in connection with this subcontract (hereinafter collectively referred to as "Subcontractor's costs'). Subcontractor agreeing to pay no wage scales above prevailing wage scales without obtaining permission of Contractor. Subcontractor agrees to abide by posed "Prevailing Wage" if that is a general condition in the project specifications. Subcontractor, upon request of the Contractor, most (1) list of lower tier subcontractor and vendors (if my) and amounts due, and (2) will furnish payroll records to the Contractor on the Project, if the same has a specified "Prevailing Wage". Failure for Subcontractor to pay Subcontractor's costs shall be considered a default as provided in Section 8.1 herein. 5. Safety & Environmental: The Subcontractor shall be responsible for compliance with all safety and environmental rules and regulations under the Occupational Safety and Healthy Act, generally acceptable industry standards and all other pertinent statutes and ordinances in connection with the work performed by the Subcontractor. The Subcontractor shall indemnity the General Contractor from any liability, expenditure or obligation imposed upon the General Contractor for fines, penalties, counsel fees, expenses and costs of litigation and appeals, together with corrective measures required by reason of acts of commission or omissions by the Subcontractor or the Subcontractor's agents, employees and suppliers with relation to such safety, health and environmental standards. Any such charges and/or costs will be charged against the subcontractor's account. Subcontractor will attend all safety meetings scheduled by the Contractor. Subcontractor will make sure all industry standard safety precautions will be adhered to by all trades on the Project during installation of Subcontractor's work. A written safety plan will be developed by Subcontractor for its work as it affects all trades and submitted with shop drawings; this shall include hazard communications, fall protection and all other equipment accommodations and training for work covered by this Agreement. MSDS sheets for Subcontractor -provided products will be placed on jobsite by Subcontractor. Failure to comply with safety regulations shall be considered a default as provided in Section 8.1 herein. 6. Protection of Work in Progress: Subcontractor agrees to be responsible for and protect the work to be performed until the work is installed and accepted, and to be liable only for the acts of his employees and agents for which he is legally responsible. Subcontractor shall protect the work of others. 7. Work Progression: 7.1. Labor Relations and Work Stonoaae: The contractor shall not give instructions or orders directly to employees or agents of the Subcontractor except to supervisors with regard to performance. Should there be a work stoppage for any reason by virtue of any labor disputes such as strike, picketing, boycott or by any voluntary or involuntary cessation of work by employees of the Subcontractor, which in the judgment of the:Contractor causes, or is likely to cause, unreasonable delay in the progress of construction, then upon forty-eight (48) hours written notice the Contractor shall have the right to declare the subcontractor in default of this understanding and Agreement, and take such steps as are necessary to finish the remaining work, In such event, the Contractor shall have the right to take possession of and use all of the Subcontractor's materials (exclusive of tools) intended for use on the work. Work Stoppage or cessation of any kind shall be considered a default as provided in Section 8.1 herein, 7.2. Failure to Prosecute Work —Default: Tf Subcontractor shall fail to prosecute said work or famish said material as rapidly as the Contractor shall require, or if Subcontractor shall fail to comply with the terms of the Prime Contract with the Owner on the Project or the Plans and Specification as to quality of material or workmanship, or if Subcontractor shall fail to furnish necessary material and complete said work in such a manner n to permit completion of the Project upon the date specified in the general contract with the Owner, the Contractor shall have the right to declare Subcontractor in default of this Agreement as provided herein. Additionally, whether the Contractor takes over the duties and obligations of the Subcontractor, the Subcontractor shall be liable to the Contractor for any excess of expenditure so made over and above the Subcontract Price fixed herein, which excess of expenditure may include, but is not limited to any liquidated damages penalties that Contractor may be liable for to the Owner under the terms of the Prime Contract with the Owner. 7.3. f iouidated Damages: The Subcontractor acknowledges that if the Prime Contract, as referred to above, contains a liquidated damages clause whereby the Contractor will pay the Owner liquidated damages for delay if the Project is not substantially complete in 425 calendar days from the date fixed by such Prime Contract as the time to proceed on the Project, plus allowed extensions, if any. The Contractor and Subcontractor agree that the amount of liquidated damages sustained by a breach of the Prune Contract with the Owner is a reasonable amount for liquidated damages and it would be impractical and extremely difficult to determine that actual damages resulting from such delay in the construction of the Project. Therefore, the Subcontractor agrees that it will be liable to the Contractor for liquidated damages (and not as a penalty) for any and all sums of costs to mitigate or damages that Contractor may incur or be liable to pay to the Owner for delay under the Prime contract with the Owner, as refened to above, if such liquidated damages due the Owner are caused by the Subcontractor's breach of any of the provisions of this Agreement. The parties agree that time is of the essence in the Agreement. 8.1. Default: In the event Subcontractor shall default in any respect in the full, faithful and punctual performance of any of its obligations hereunder and such default shall continue for twenty-four (24) hours after written notice thereof, or the Subcontractor shalt become insolvent or shall make an assignment for the benefit of creditors, or shall file or become involved in any reorganization or other proceeding in bankruptcy, or shall fail to adequately man the job, then, in any such event, Contractor shalt have the right to terminate, in whole or in part, this Subcontract. Upon termination, Contractor shall have the right to take possession of the work to be performed by the Subcontractor hereunder and of all materials, tools, equipment and appliances of the Subcontractor on the premises and finish the work of the Subcontractor by whatever method the Contractor my deem expedient. In such a case, the Subcontractor shall not be entitled to receive any further payments until the work is finished and accepted. If the unpaid balance of the Subcontract Amount shall exceed the cost and expense to Contractor of finishing the work of the Subcontractor (which cost and expense shall be deemed to include compensation for additional managerial and administrative services rendered by Contractor plus a ten percent (10%) profit factor) such excess shall be paid to the Subcontractor. If such costs and expense shall exceed such unpaid balance of the Subcontract Amount, the Subcontractor shall pay the difference to Contractor forthwith upon its demand therefore plus interest thereon firm the date of demand at the total per annum rate of 5% above the U.S. Discount Rate at the date of this contract. Contractor, however, shall not be limited to such right and remedy in the event of any default on the part of the Subcontractor, but shall have and be entitled to such other rights and remedies as the Owner or others may be entitled to assert against Contractor under the Agreement, or as may be provided to either the Owner, Contractor or others by law. If any costs, expenses or damages (including liquidated damages, if any) are assessed or recovered against Contractor by the Owner or by others pursuant to the provisions of the Agreement by law, the same shall be home and paid by the Subcontractor to the full extent that the Subcontractor shall be responsible for the acts, failures and/or delays subjecting Contractor to such liability. 8.2 Termination: This is understood that the basic assumption underlying the mutual obligations and responsibilities entered into by the parties to the Subcontract is continued performance with respect to the Agreement that exists between Contractor and the Owner. If, for any reason, the contract between Contractor and the Owner is breached, rescinded or terminated, Contractor shall have the right to immediately terminate this Subcontract. Contractor shall allocate a fair and equitable share of any monies received from the Owner, but in no event shall Contract" be obligated to Subcontractor for any anticipatory profits of any damages incurred by Subcontractor as a result of the termination of this Subcontract Subcontractor agrees that Contractor's decision or determination regarding the prorated share of any monies received from the Owner or Contractor as damages or compensation for said breach, rescission or termination of the Agreement shall be final and conclusive and that Subcontractor shall have no claim or cause of action against Contractor for any reason or greater amount. 9. Subcontractor Error and Warranty: Subcontractor agrees that in case of any error or default on his part in the performance of this subcontract, Contractor, after one (1) day written notice may correct the error or perform the work n economically as possible and charge the cost thereof to Subcontractor or deduct such cost from any sum due Subcontractor hereunder. Subcontractor shall unconditionally warrant all work, both labor and material, against all defects for a period of at least one year, or as set out in the contract documents, or as set out by manufacturers of materials and equipment installed whichever is longer. Warranty will begin from the date of "Substantial Completion" of the Project or as set out by the Architect. In the case of repair or replacement, Subcontractor will furnish all labor, equipment, and materials necessary to repair or replace defective work, including repair to adjoining work or finishes. 10. Conduct on Proiect: 10.1. Affirmative Action: RESOLVED, that it will continue to be the policy of the Contractor and Subcontractor not to discriminate against any applicant for employment or any employee, because of race, creed, color, sex or national origin, handicapped, veterans, Vietnam era veterans, and disabled veterans. Subcontractor will continue to take affirmative action to insure that this policy is implemented, particularly with regard to employment, upgrading, demotion, transfer, recruitment and recruitment advertising, layoff and termination, compensation, apprenticeship and training, and working conditions and ADA compliance. Subcontractor will continue to make it understood by employment practices and any union members with who Subcontractor might deal, and in employment opportunity announcements that the foregoing is policy, and that applicants and employees will continue to be compensated, trained, advanced, demoted, terminated, hired and transferred on the basis of their skill, devotion and loyalty, honesty, reliability, and integrity, and not on the basis of race, creed, color, sex, physical impairment, national origin, handicapped, veterans, Vietnam era veterans, and disabled veterans. 10.2. Personal Conduct: Subcontractor agrees that if his foreman or employees, or any of them, refuse or neglect to comply with the requirements of the Prime Contract, plans, specifications and addenda thereto, or if they or any of them be riotous disrespectful, intemperate, disorderly, or otherwise objectionable to Contractor, Subcontractor shall forthwith remove said objectionable employee or employees from the job and he or they shall not again be employed on any portion of the work 11.1nsnrance and Indemnification: Subcontractor agrees to procure, pay for and maintain in full force and effect during the course of the performance of this subcontract, Workmen's Compensation Insurance and any other insurance required by the laws of the state in which the work covered by this subcontract is being performed and shall in any event procure, pay for and maintain in full force and effect Employer's Liability Insurance, Commercial General Liability Insurance, Commercial Automobile Liability Insurance and Property Damage Insurance in the minimum amounts listed below, and Subcontractor, notwithstanding any insurance that may be provided for or carried, agrees to indemnify and hold Contractor harmless as noted in Article 12.1 and 12.2 herein. In case Subcontractor does not have his own worker's compensation and/or other insurance, he is to notify Contractor, and in such case Contractor may, but is not obligated to, include the risk that should be insured by Subcontractor, under Contractor's policy (or policies) of insurance and charge the premium or costs thereof to Subcontractor or deduct the same from any payments due Subcontractor hereunder. Failure of Subcontractor to provide insurance, as evidence by written certificate of insurance, as described in the Project Documents or by this Agreement shall be a cause for default as provided herein. Limits of coverage carried by Subcontractor shall not be less than stated below, except by written waiver provided as Addendum to this Contract, and all policies (except Worker's Compensation and Employer's Liability) shall contain "Additional Insured" in favor of Contractor. Subcontractor waives its right of subrogation against Contractor and all Subcontractors' insurance policies shall contain "Waiver of Subrogation' of the rights of the Subcontractor's insurer against Contractor. All policies and certificates shall also contain a Thirty (30) Day Written Cancellation Notice to be provided to Contractor at his business mailing address. A. Commercial General Liability (or equivalent policy form) with "per occurrence" limit of $1,000,000 ( combined single limit of bodily injury and property damage) and $1,000,000 policy aggregate limit for all occurrences during the policy tens, with a separate aggregate limit of $1,000,000 for products/completed operations claims. The policy shall contain coverage for liability resulting from standard business contracts (including this contract) and shall act restrict coverage for acts of any subcontractors perforating duties for Subcontractor. Certificate of Insurance provided to Contractor should note any bodily injury and/or property damage deductible applicable. This policy shall be endorsed with "Amendment of Aggregate Limits" endorsement CG2503 or its equivalent. B. Commercial Auto Liability (or equivalent policy form) with a "per occurrence" limit of $1,000,000 (combined single limit of bodily injury and property damage). Coverage shall be provided with "symbol 1" coverage applicable to any auto for which Subcontractor may be liable. Alternatively, coverage must apply to all owned, hired, and non -owned: autos. C. Worker's Compensation in accordance with all applicable laws, covering all employees performing operations in the state of duties subject to performance of the contract, with Employer's Liability limits of $500,000 bodily injury, disease, each employee, and $500,000 bodily injury disease policy limit. D. The Builders Risk Property Insurance coverage carries a deductible. Subcontractor understands and agrees that any payments to Subcontractor on account of loss to work -in -place or loss to materials stored at the jobsite shall be made net of the deductible. The Subcontractor is therefore advised to purchase sufficient property insurance to cover losses to his work -in -place or loss to materials stored at the jobsite shall be made net of the deductible. The Subcontractor's portion of the deductible of each loss. The Builder's Risk Insurance Provider shall be liable only for payments of allowed losses which exceed the amount of the deductible of his policy and only after receiving payment for same from its insurance carrier. Subcontractor, notwithstanding and insurance that may be provided for or carried, agrees to be responsible for and indemnifies and agrees to hold Contractor harmless from any loss, injury or damage, either to persons or property, arising out of or resulting from the performance by Subcontractor of the work covered by this subcontract or occasioned by the act or neglect of Subcontractor or his agents, servants or employees. 12. 12.1. The Subcontractor hereby assumes entire responsibility and liability for any and all damages, fines, penalties, or injury of any kind or nature whatever, including death resulting there from, or otherwise, and to all property caused by, resulting from, arising out of or occurring in connection with execution of the work by the Subcontractor, its subcontractors or agents. If any claims for such damage or injury be made or asserted, whether or not claims) are based upon the partial, joint, or sole negligence of Contractor or the Owner, the Subcontractor agrees to indemnify, save and hold harmless the Contractor and the Owner from any and all such claims, and further from any and all loss, costs, expense, liability, damage or injury, including legal fees and disbursements that Contractor and/or the Owner may sustain, suffer or incur as a result thereof. Further, the Subcontractor agrees to and does hereby assume the defense of any action at law or in equity, which may be brought against the Contractor and/or the Owner arising by reason of such claims. However, Contractor shall have the right to approve or disapprove the method, means and representation in such defense. In the event of any such claim(s), loss, expense, liability, damage or injury, arising out of this Subcontract, Contractor and the Owner shall have the right to withhold from any payments due or to become due to the Subcontractor an amount sufficient, in its sole discretion, to protect and indemnify it from any and all such claims, loss costs, expense, liability, damage or injury. 12.2 The Subcontractor shall protect, indemnify, defend, save and hold harmless the Contractor and the Owner from and against all damages and all costs and expenses, including, but not limited to any and all actual and other damages, reasonable attorney's fees, expenses, penalties and associated costs incurred, including those arising out of any infringement or claim of infringement on any patent or license in the use of any articles or equipment famished or required to be furnished by the Subcontractor under this Subcontract. Nothing is this paragraph constitutes a waiver of Contractor's full right to indemnification from the Subcontractor and/or Contractor's insurer's right to subrogation against the subcontract. Contractor's insurance is carried by the Contractor for the Contractor's sole benefit and the Subcontractor is continually obligated to obtain and pay for the insurance coverage required herein. Subcontractor, notwithstanding any insurance that may be provided for or carried by Contractor or any third person, agrees to be responsible for and indemnifies and agrees to hold Contractor harmless from any loss, injury or damage, either to persons or property, arising out of or resulting from the performance by Subcontractor of the work covered by this Subcontract or occasioned by the act in neglect of Subcontractor or his agents, servants or employees, together with any expense, including reasonable attorney's fees, incurred by the Contractor in this regard. 13. Sure Bond Upon the request of the Contractor, Subcontractor agrees to procure and a "single oblige", or "dual oblige, or "tri oblige" (at Contractor option) surety bond(s), in a form acceptable to Contractor, to guarantee faithful performance of this subcontract, but Contractor shall pay the cost for the same, and it is understood that the sum payable to Subcontractor by the Owner as hereinafter set forth does not cover and include the cost of expense of surety bond. 14. Payment Reference is hereby made to the Prime Contract between Contractor and Owner and the parties hereto acknowledge that payment by the Contractor to the Subcontractor, under the terms of this Subcontract, shall be conditioned upon the Contractor's receiving the payment from the Owner as required by the Prime Contract between the Contractor and Owner and such amounts due from the Contractor to the Subcontractor hereunder shall be payable as and if the Contractor receives payment firm the Owner for the work performed and materials famished hereunder. Subject to the foregoing condition precedent, Contractor shall pay to Subcontractor for the faithful performance of the Subcontract and all provisions thereof the stun of FIFTY TWO THOUSAND AND FOURTEEN DOLLARS AND NO CENTS ($52,014.00) , such payment to be made in installments as the work progresses on estimates of payment to be made of the proportionate amount of materials delivered and work on labor performed by Subcontractor. Subcontractor shall receive his proportionate part promptly when and if payments are made by Owner on estimates of payment to Contractor. In the event that said Prime Contract between Contractor and Owner shall not provide for retained percentages, the payments made to the Subcontractor hereunder shall be NINETY (90%) , of the amount of the estimates of payment made covering performance under this Subcontract, and such payments shall be payable in the proportion as provided above. The retained or remaining percentage shall be paid after the final estimate of payment is made and after the Architect has certified his satisfaction as to the completion of this Subcontract and 2jy after the Contractor has been paid by Owner, whichever is later. 15. Joint Pammrents Subcontractor agrees that Contractor shall have the right and privilege to make any payment due Subcontractor hereunder jointly to Subcontractor and any person, firm or corporation to whom Subcontractor is indebted for labor performed or materials famish in the performance of this subcontract. 16. I= - The subcontract price specified above is understood to include all State sales taxes, excise taxes, transportation tax, unemployment compensation tax, old age benefits and social security taxes, and Subcontractor agrees to pay all of the above and to conform to all State and Federal laws in connection with such taxes. In addition, Subcontractor further agrees to withhold from all employees employed by Subcontractor, withholding taxes and to pay the same to the Collector of internal Revenue in accordance with the Federal laws and regulations pertaining thereto. 17. Liens and Encumbrances Subcontractor agrees to keep the buildings and project to which this subcontract relates free and clear of mechanics' liens or other encumbrances arising by his act or subcontract and shall, at his sole cost and expense, defend against any claim, lien, suit or proceeding that may be presented or filed arising out of and in the course of his performance of this subcontract. Subcontractor will famish contractor a complete list of all of subcontractor's suppliers and subcontractors who may provide any materials or services to this Project as well as general financial information as Contractor may reasonably request. 18. Work for Others Subcontractor agrees to do no work on this project not covered by this Agreement for Owners' or anyone else without first obtaining written permission from the Contractor. All work performed by the Subcontractor on this job shall be performed by and between agreement of the Contractor and Subcontractor only, or else by written permission of the Contractor. There shall be no bypassing. All requests to perform extra work must be in writing and signed by an authorized agent of the Contractor 19. Extra Work No charges by Subcontractor for extra work or material under this subcontract or for any other work on the above project shall be made or will be recognized or paid by Contractor unless agreed to in writing by Contractor before such work is done or the material furnished. This subcontract seta forth in full the agreement and obligations of the parties hereto and no superintendent, foreman or other employee of Contractor has or shall have any right or authority to modify, add to or change this subcontract or execute any written order or give any written directions fat Contractor. 20. Assistants This subcontract shall not be assigned by Subcontractor either in whole or in part without the written consent of Contractor. 21. Successorshin The terms and provisions of this subcontract shall extend to and be binding upon the heirs, successors, executors, administrators, trustees and lawful assignees of the parties hereto. 22. Bankruntic In event of assignment to creditors by Subcontractor or the institution of bankruptcy proceedings by or against Subcontractor, or garnishment against Subcontractor by third person, such event or any of them, may at option of Contractor forthwith and of itself cancel and hold for naught this subcontract and Contractor may relet said work as set forth in paragraph #7 above. 23. Waste Materials Subcontractor agrees to clean up and remove from jobsite his own rubbish, debris, and waste materials. At general contractor's discretion, subcontractor may dispose of his waste material in general contractor's dumpster. Any of subcontractor's waste materials which are listed in 40 CFR 261 shall be considered hazardous waste and shall be disposed of ofkte. by sub -contractor, according to law, at subcontractor's expense. 24. Attorneys Fees: Should Contractor retain the services of an attorney to enforce any obligation undertaken herein by the subcontractor, then, in that event, Subcontractor agrees to pay the reasonable attorney's fees and costs incurred by Contractor. 25. Other Conditions The conditions set forth in this paragraph shall govern in the event of conflict with other paragraphs: a. Subcontractor warrants and represents that it possesses all required licenses and permits necessary to perform work in the State where project is located. b. Entire Agreement. This Agreement is the sole and entire agreement between the parties relating to the subject matter hereof, and supercedes all prior understandings, agreements, and documentation relating to the subject matter hereof. This Agreement may be amended only in writing executed by the authorized representatives of both parties, except as provided herein. C. Governing Law. This Agreement shall be interpreted in accordance with the substantive law of the State of Oklahoma. d. Parties warrant they are authorized party(s) to bind their respective organizations executing this Agreement. E. This subcontractor has provided an alternate of $8,300.00 to furnish and install the granite fines path. The contractor IN WITNESS WHEREOF, they have executed this Agreement this day and date first written above. "Contractor" "Subcontractor" Company: TDC Construction By. Signature TAX I. D. # Company UCQ10S NQkkic., �4er A.&4 CL 0 J ...;tie_. .azos Valley Landscape J Box 9922 College Station, TX 77842 (979)690-9086 maxwell@suddenlink.net TDC Construction Attn: Joe Lansdown 405-748-5080 11/07/2012 -.Irrigation 1/07/2012 Landscape 11/07/2012-'Site-Work I1/07/2012Sodding 11/07/2012 TOM Brazos Valley Landscapes ,Design, permit and install irrigation system according to Mall state and local laws and guidelines. Includes :backflow device installation and certification. This does not include water meter (Miinum size required for project is 1 ") or any boring. Installation of irrigation sleeves :Installation of landscape as directed by plan and '.specifications. ,Haul in and spread 2" of topsoil over all proposed turf areas. Installation of 21 pallets (approx.8,694 sq. ft.) of St. Augustine or Bermuda sod. 'Tax on material only for new construction. We look forward to working with you! .cepted By Accepted Date 1 I I 1 21 1 Estimate 11/07/2012 1170 10,250.00 1,250.00', 32,255.00•:. 1,855.00 125.00 1,536.03 Home 2 Suite 1,250.00 32,255.00 1,855.00 2,625.00' 1,536.03