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Hidden Valley-CN041202CONTRACT AND AGREEMENT l. This is a contract and agreement between the OWNER: City of Coppell P.O. Box 9478 255 Parkway Blvd. Coppell, TX 75019 Ph. 972-304-3685 Fx. 972-304-3570 and the CONTRACTOR: Llano Utility Services, Inc. 3501 FM 2181 Ste. 245 Corinth, TX 76210 Ph. 940-270-8700 Fx. 940-270-8701 wherein it is agreed CONTRACTOR will fUrmsh the WATE~R LINE as detailed in the attached SCOPE OF WORK (Exhibit "A") at Hidden Valley Estates, CITY OF COPPELL. 2. CONTRACTOR agrees to perform the work in accordance with all local, state, and narional governing codes and 3. CONTRACTOR agrees to begin work within five (5) days of the date, specified by the Contractor, that the work is ready to begin. Notification by the Owner may be oral or written. This contract is performable in Taxrant County, State of Texas. 4. CONTRACTOR acknowledges that he has examined the project premises, plans and specifications, and that he is completely satisfied that same are suitable for completion of the work contracted for and referred to herein per the Plans and Specifications prepared by the following: Dowdy, Anderson & Associates, Inc. 5225 Village Creek Drive Suite 200 Piano, TX 75093 Ph. 972-931-0694 Fx. 972-931-9538 Said Plans and Specifications constitute a part of this contract and are fully incorporated by reference herein. 5. Owner shall pay CONTRACTOR for performance of this contract subject to any additions, deletions, or changes of the project as decided by the Owner for the base sum of Eight thousand, Eight Hundred Fifty DOLLARS AND 00/~00 ($8,850.00). 6. Owner and CONTRACTOR agree to a payment plan wherein no draws against this contract shall be made by CONTRACTOR in any amount greater than ninety percent (90%) of the pro-rata portion of the total work to be furnished by CONTRACTOR. Said draws shall be based upon labor performed installed in place on the job site by the 25th of each month, provided, however, CONTRACTOR has submitted such draws by the 20th day of that month. Draws shall be paid to CONTRACTOR on or before the 25th of the following month. 7. Final payment of ten percent (10%) shall be due thirty (30) days after completion of the job by the Owner (i.e.: acceptance by owner) subject to, at Owner's option, the CONTRACTOR del/vermg to the Owner a complete release of all liens arising out of this Contract, receipts in full covering all labor and/or materials for which a lien could be filed, or a bond indemnifying Owner against such hens. 8. CONTRACTOR agrees, at his sole expense prior to the commencement of work and during the progress of this contract, to furnish Owner current Certificates of Insurance covering all employees engaged by CONTRACTOR and/or his Subcontractors at this job site. NO DRAW WILL BE PAID BY Owner TO CONTRACTOR UNTIL ~,I,I. APPLICABLE CERTIFICATES OF INSURANCE STIPULATING THAT Owner IS AN ADDITIONAL INSURED TO THE POLICIES ARE RECEIVED IN THE OFFICE OF Owner. THE TYPES AND MINIMUM LIMITS OF SUCH INSURANCE SHALL BE AS FOLLOWS: A. Worker's Compensation to the limits as prescribed by law. Comprehensive General Liability Insurance with limits not less than $I,000,000 for injury, death, or damage to one person; and $1,000,000 for injury, death, or damage to more than one person and Property Damage against claims by others, including but not limited to CONTRACTOR'S employees, which may arise from any acts or omissions in the performance of said work, not less than $1,000,000. Said policy shall have the broad form property damage endorsement, contractual liability and products or completed operation coverage. C. Automobile Liability, which in no event shall be less than $1,000,000 for injury or death to one person, and $1,000,000 for injury or death to more than one person. Said policy shall have a minimum of $1,000,000 property damage coverage. D. Owner shall be given 10 days written notice in the event of cancellation or exp3.ration of any of the above mentioned insurance. 9. CONTRACTOR may not assign or sublet this contract without the written consent of the Owner. If in accordance with the preceding sentence CONTRACTOR is allowed by Owner to assign or sublet this contract, and does, CONTRACTOR agrees to remain liable and responsible under the terms of this contract. 10. CONTRACTOR agrees to proceed to remedy, at no charge, any defects, errors, or omissions in workmanship or materials within forty-eight (48) hours of written or oral notice of such defects, errors, or omissions during the progress of the job or at any time of such notice for a period of one (1) year after completion of the job by Owner. Should CONTRACTOR fail to perform such correction, Owner is authorized to secure competent workmen to perform any service required, all at the cost of the CONTRACTOR. Additionally, a charge of twenty-five percent (25%) of such cost will be paid to Owner by CONTRACTOR as compensation for overseeing such corrections. 11. CONTRACTOR agrees to coordinate his work and cooperate with the other trades and subcontractors to expedite the general progress of the work at the project. 12. It is the intent of the parties hereto that CONTRACTOR shall be an "Independent Contractor." CONTRACTOR shall be responsible to Owner, in that legal capacity, in fulfdling this contract. In no way shall any employee, servant, agent, or subcontractor of CONTRACTOR be deemed an employee, servant, agent, or subcontractor of Owner under the terms of this contract. 13. To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend and hold harmless the Owner, Contractor, Architect, Architect's consultants, and agents and employees or any of them from and against claims, damages, losses and expenses, including but not limited to attorney's fees and costs, (1) due to the violation of any ordinance, regulation, statute or other legal requirement by Subcontractor or any of its Sub-subcontractors of any tier or any of their respective agents and employees, (2) as the result of any act, omission or conduct of the Subcontractor or any of its Sub-subcontractors of any tier or any of their respective agents and employees or (3) arising out of or resulting from the performance of the CONTRACTOR'S Work under the Subcontract, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including loss of use resulting there from, but only to the extent caused in whole or in part by neghgent acts or omissions of the CONTRACTOR, the Subcontractor's Sub-subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligations shall not be construed to negate, abridge, or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph. The Subcontractor's duty to defend the parties indemnified herein shall arise regardless of the fault of any party. Expenses recoverable as part of the Subcontractor's indemnity obligations under this paragraph shall include, without limitation, all attorneys' fees and any costs incurred in enforcing the provisions of the Subcontractor's indemnity obligations. The provisions contained herein shall survive the expiration or earlier terrmnafion of this Subcontract, the final completion of the Work, and any other services to be provided pursuant to this Agreement. 14. Wkile performing any work or furnishing any materials under this contract, CONTRACTOR agrees to have a competent foreman on the job at all times who is acceptable to Owner and who shall have authority to act for CONTRACTOR in all matters pertaining to this contract. 15. Within the complete discretion of Owner, should CONTRACTOR fail to execute the work properly and in a workmanlike manner in accordance with the Plans and Specifications, or pay his taxes as provided in this contract, then the Owner may, with forty-eight (48) hours written notice to CONTRACTOR, terminate and cancel this contract and finish the requirements of the contract as he sees fit. If the unpaid balance of the contract exceeds Owner's expense of finishing the requirements of the contract, such excess shall be paid to the CONTRACTOR, but if such expense exceeds such unpaid balance, the CONTRACTOR shall pay the difference to the Owner. 16. Any defects in material and/or workmanship required by Owner shall be accomplished by CONTRACTOR with no adjustment to the contract base sum as stated in paragraph five (5) above. 17. CONTRACTOR agrees that any additional cost to another subcontractor which is the result of CONTRACTOR'S actions shall be borne by CONTRACTOR. 18. Owner shall have the right to order changes, additions or deletions of the work and/or materials required at any time during the progress of the job and the contract sum to be adjusted accordingly by such amount that would be fair and reasonable. 19. Failure of the CONTRACTOR to notify the Owner's superintendent within twenty-four (24) hours of incurring extra cost because of any addition, change, or repair, and in any event before the CONTRACTOR proceeds with such additon, change, or repair, shall invalidate any claim for an addition to the contract sum. 20. The contract sum specified above is understood to include all sales, excise, transportation, unemployment compensation, old age benefit, and social security taxes and CONTRACTOR agrees to pay all of the above taxes to conform to all state and federal laws. CONTRACTOR further agrees to withhold from his employees the proper withholding tax and pay it to the Internal Revenue Service. 21. CONTRACTOR agrees and understands that he may store supplies and/or materials at the job site but entirely at CONTRACTOR'S risk in all respects. 22. CONTRACTOR agrees that in the performance of the work provided for under the terms of this contract, he will comply with all applicable provisions and requirements of all State and National Safety Regulations insofar as his own employees, servants, agents, subcontractors or suppliers are concerned. Additionally and specifically CONTRACTOR agrees to comply with all applicable provisions and requirements of the Federal Occupational Safety and Health Act (OSHA) together with such rules and standards as have been issued there under. 23. At Owner's expense, CONTRACTOR agrees to obtain all permits and licenses, if any, required for him to fully perform this contract. 24. CONTRACTOR agrees to keep the building and/or project to which this contract relates free and dear of mechanic's liens or any lien or encumbrance allegedly arising by his act under this contract. If, however, CONTRACTOR files a lien on said premises, and such lien is in excess of any money then due CONTRACTOR, or such is improperly filed, it is agreed that the damages caused to Owner are hereby fLxed and determined to be a sum equal to fifty percent (50%) of such lien, plus reasonable attorney's fees and costs. 25. CONTRACTOR agrees that upon the fflmg of a lien against him for labor performed or materials furnished in connection with the work hereunder, he will satisfy such lien and/or cause same to be removed within five (5) days of such filing, and if CONTRACTOR fails to do so, Owner, at his option, may do so, whereupon the amount so paid by Owner, including all costs and attorney's fees, shall become due and payable to Owner by CONTRACTOR. In this connection Owner may deduct such sums from any moneys due to CONTRACTOR under this or any other contract; or may, independent of such action, maintain a separate action against CONTRACTOR for recovery of all such sums paid, plus costs and expenses incurred. 26. CONTRACTOR agrees that in the event he is unable to obtain and/or provide materials and labor necessary to maintain orderly job progress, upon two (2) days written notice to CONTRACTOR by Owner, Owner may attempt to obtain said materials and/or labor in order to assist CONTRACTOR in fulfdling this contract. The contract base sum shall be adjusted up or down by the amount expended by Owner in obtaining said materials and/or labor. 27. Should there be a conflict between this contract document and any of the exhibits or attachments hereto, this contract document shall control except by written amendment to this contract document signed by the Owner. 28. This contract is binding upon the parties hereto, their successors, assigns, heirs, executors and administrators. Should Owner be required to enforce or defend this contract in court, or to require the services of an attorney, accountant, consultant, or other person in connection with the enforcement or defense of tbAs contract, CONTRACTOR agrees to pay, in addition to any sums which may be awarded to Owner in damages, an additional sum equal to reasonable attorney's fees, plus expenses for couxt costs, accountants, consultants and other necessary persons. 29. The terms and provisions of this contract become valid only upon the recording of the Deed of Trust on the above said project. 30. CONTRACTOR acknowledges and understands the Owner's policy pertaining to unlawful harassment and further agrees to abide by same. 31. ADDENDA: Exhibit "A" (PROPOSAL) In witness whereof the parties hereto execute this contract. Dated this City of Coppell. By: /~~ Contractor: Llano LLANO UTILITY SERVICES, INC. 3501 F.M. 2181 * Suite 245 * Corinth, Texas 76205 (940)270-8700 * Fax (940)270-8701 Exhibit "A" Proposal Client: City of Coppell Page: Project: Hidden Valley Estates Date: City of Coppell, Texas By: Job #: 1 of 1 11/16/2004 Cody Stovall Water 1. J" 45 Bends 4 ea $ 200.00 $800.00 2. Remove existing pipe 350 If $ 5.00 $1,750.00 3. I" Dr-14 Pvc Water Pipe 350 If $ 16.00 $5,600.00 4. Trench Safety 350 If $ 1.00 $350.00 5. Water Testing 350 If $ 1.00 $350.00 TOTAL CHANGE ORDER $8,850.00 PLEASE CALL IF YOU HAVE ANY QUESTIONS. THANK YOU, Cody Stovall Project Manager / Estimator Direct: 940-270-5703 Cell: 214-636-3468 Email: cstovall~llanoutility.com