ST9302-CL020410M �!�•� � � � i�i�i
C ONSTRUCTION COMP
An Equal Opportunity Employer
April 10, 2002
Fireman's Fund Insurance Company
Attn: Marcha L. Rosales
233 South Wacker Drive, Suite 2000
Chicago, IL 60606 -6308
Ed Bell Construction Company
P. O. Box 540787
Dallas, TX 75354 -0787
CERTIFIED MAIL NO. 7099 3220 0001 9318 6679
RETURN RECEIPT REQUESTED
CERTIFIED MAIL NO. 7099 3220 0001 9318 6655
RETURN RECEIPT REQUESTED
Re: Paver Construction Company, Inc.
Vs
Fireman's Fund Insurance Company, Ed Bell Construction Company, and City of Coppell
Project: Sandy Lake Road, ST#93- 02 /Coppell, TX
Gentlemen:
We understand that Fireman's Fund Insurance Company is surety, Marcha L. Rosales is Agent, on a Chapter 2253
Texas Government Code Bond (# 111 2738 7519), and that Ed Bell Construction Company is principal of said bond
relating to the construction project known as Sandy Lake Road Project #ST 93 -02 in Coppell, Texas. We further
understand that City of Coppell is the Owner of said project. If we are incorrect in these understandings, please
advise immediately.
Our company furnished Pavestone Interlocking Concrete Pavers and Labor to Ed Bell Construction Company for
use on the subject construction project. Ed Bell Construction Company owes our company $7,549.58 for the
Pavestone Interlocking Concrete Pavers and Labor our company furnished.
This amount includes Retainage of $3,562.61 not yet due under the contract and leaving a balance of $21,987.75 for
work left on contract that is not yet complete.
Enclosed you will find the following:
1. Copy of Subcontract Agreement between Ed Bell Construction Company and our company.
2. Copy of Aged Receivables to date.
3. Sworn statement of account.
4. Copies of invoices identifying the materials and/or labor furnished.
5. Copies of checks paid to date from Ed Bell Construction Company to our company.
The nature of the materials and/or labor furnished was Pavestone Interlocking Concrete Pavers and Labor for
installation.
If you have any questions concerning the above, please advise.
P.O. Box 1087, Cedar Hill, Texas 75106
Metro (972) 299 -2246 . FAX (972) 299 -2258
Sincerely,
ack W. Smith
C. E. O. / C. F. O.
Enclosures
Cc: City of Coppell - Purchasing
225 Parkway Boulevard
Coppell, TX 75019
CERTIFIED MAIL NO. 7099 3220 0001 9318 6662
RETURN RECEIPT REQUESTED
2
Was•• �.�.�
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• • N COMPA
An Equal Opportunity Employer
THE STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned Notary Public in and for the County and State
aforesaid, personally appeared Jack W. Smith, who, being by me first duly sworn, on
oath states that he is agent of Paver Construction Company, Inc., a corporation duly
incorporated under the laws of the State of Texas, that he has knowledge of the facts
herein set forth and is duly authorized to make this affidavit; that the annexed account
(consisting of statement of account and invoices) against Ed Bell Construction Company
is true and correct; that there is now due from Ed Bell Construction Company the sum of
Seven Thousand, Five Hundred Forty -Nine Dollars and Fifty -Eight Cents ($7,549.58),
the above amount includes contractual Retainage in the amount of $3,562.61, which is
not yet due, and that the amount claimed is just and correct and all just and lawful offsets,
payments and credits known to the affiant have been allowed.
Lee I
offia
l ack W. Smith
C.E.O. /C.F.O.
Subscribed and sworn to before me this I& day of April 2002.
A A A K�1 oI - L
o y Pu c, State of Texas:
Jennifer S. Bickerstaff Seal:
My Commission Expires:
February 28, 2004
19 6JENMFER &B MWAFF
� MV Q � 0 .M M �,. M , I WW BS ,, I ��,, O pp N rxpR S
1 FsWWAM
P.O. Box 1087, Cedar Hill, Texas 75106
Metro (972) 299 -2246 . FAX (972) 299 -2258
4rINlIK_ �' i 1 4
yts aK CJ
SUBCONTRACT AGREEMENT
(Public Works)
ED BELL CONSTRUCTION COMPANY
POST OFFICE BOX 540787
DALLAS, TEXAS 75354-0787
This Subcontract Agreement (herein called 'Agreement") is made and entered into as of this 211d day of _OCTOBER_. 1998. by and between ED BELL
CONSTRUCTION COMPANY (herein called "Contractor ") and _PAVER CONSTRUCTION COMPANY, INC. _ (herein called "Subcontractor ") to perform
part of the Work on the following Project:
PROJECT: SANDY LAKE DRIVE
PAVING, DRAINAGE, AND WATER SYSTEM IMPROVEMENTS
PROJECT NO. ST 93-02
OWNER: - CITY OF COPPELL
255 PARKWAY BLVD, MUNICIPAL COMPLEX
COPPELL,TEXAS
ARTICLE I
SCOPE OF WORK
1.01. Subcontract Work Subcontractor shall furnish all labor, materials, fuel, equipment, tools, machinery, and supplies; perform all work: obtain all
necessary permits; pay all state sales taxes. state and federal unemployment taxes, and all other taxes and fees associated with the subcontract labor or materials:
provide all required construction layout and surveying; and do all things necessary t complete the following work, together with all appurtenant and related work. m
strict compliance with the Contract Documents described in provision 1.02. below, to -wit:
Such work shall be herein called "Subcontract Work."
Subcontract Agreement (Public Works) Page I
PRICE DOES NOT INCLUDE CURBS, EDGE RESTRAINTS, OR CONCRETE BASE. NO BOND,
FURNISHING OF BARRICADES, OR TRAFFIC CONTROL IS INCLUDED.
1.02. Contr Documents
(a) The Contract Documents shall include, in addition to this
meet Agreement, all documents reflecting the agreement between the
and the Contractor for the project, including, but not limited to, the
specifications, general conditions, special conditions, addenda,
mince bond, and payment bond.
(b) Subcontractor acknowledges that he has read _ the Contract
thereto. Subcontractor by examination has notation himself as to Me name
and location of the Work the character, qquuaamnnnryry and kinds of materials
necessary; the adequacy of any surface or subsurtaee conditions necessary to
sun= proper iosdflation of Subcontractor's Work; the kinds and quantity of
equipment needed; and other local conditions or matters affecting compliance
with the Contract Documents. Further, Subcontractor is famillar with the
respective rights, ppo benefits and liabilities of the Contractor and the
Owner under the & t act Documents and hereby agrees to comply with and
perform ail provisions thereof which arc applicable to the Subcontract Work.
(c) Any questions arising with respect to interpretation of the
Contract Documents or airy related drawings, pinto, or specifications shall be
submitted through the Contractor and the Subcontractor shall follow the
directions of the Owner or the Owner's representstive, as conveyed by the
Contractor, with respect to such mutters. The Subcontractor agrees that the
Owner's (or his represeeutive's) interpretation of the requirements of the
Contract Documents and his decision in matters relating in artistic effect shall
be final, as long as such interpretation and/or decision is not in conflict with
Me terms of the Contract Documents.
(d) Th: Subcontractor agrees to be bound to the Contractor under
this Agreement according to the same terms and conditions as the Contractor
is bound to the Owner under the Contract Documents. The Subcontractor
shall assume and perform all of the obligations and responsibilities of the
Contractor under the Contract Documents, which pertain or relate to the
scope of work in this Subcontract es described in Paragraph 1.01.
ARTICLE E
PERFORMANCE AND PROSECUTION OF WORK
2.01. Indeoendem Comracmr. The Subcontractor agrees that he is an
independent contractor ter "Agreement. The Subcontractor is solely
msppoon�sible for, and has control over, all construction means, methods.
te='ques, seences, procedures, and coordination of all portions of the
Subcontract unless am Contractor shall give specific written
instructions concerning dtese nutters. Further, the Subcontractor is fully
ressppoons�ible for, and has carol over, all commuction mesas, methods.
teeMtques, setpiences, nroceAurcs and coordination of the Subcontract Work
rotated m the safety of Subcontractor's employees and any other persons -
worgm in the area of the Subcontract Work.
2.02. Storage of Materials. The Subcontractor shall examine all
equipment am mate rurmsoed by others for compliance with the
Contract Documents. The Subcontractor shall then unload and properly
store all such equipment and material to prevent damage or lot. Connector
may deduct all costs for such damage or loss resulting from improperly
stored materials from payments due to Subcontractor.
2.03. Surface and Subsurface Conditions The Subcontractor shall
inspect strfaee�sa�Face cor'Timom afffectipg Subcontractor's Work
to assom that Work will be properly installed in accordance with Contract
t>„miments. If atry remedial work is requited to the surface or subsurface,
shall take no
and the work
actor shall or
repair - - -- damage m the work of the Contractor or
f the SSntnetor fails to pro mpt) repair such
may deduct the costs of such re�atrs t means
Inspection 2.05. of E T Subs
.,,aa� ;•.it saTar�TWHIMs at all times
Ioanow of intent or Me drawings small re remUVW of tcuutu, eiu
to conform to speci5catiore and drawings at Subcontractor's
K. Cle The Subcontractor shall keep the building and
clean at at tines of debris arising out of the operations of this
at. If de Subcontractor shall fail to remove construction debris as
'this subcontract agreement includes
rs or culverts, Subcontractor agrees that
em to be constructed on the project To
:ect all inlet structures that permit water
a method approved by Contractor.
all material, debris, silt, dirt, mud and
enter the storm drainage system.
system and remove all objectionable
material to the satisfaction of Owner as directed. There will be no extra
payment for this work.
ARTICLE III
TIME, SCHEDULES AND DELAYS
3.01. Time. Time is of the essence to this Agreement.
Subcontractor MI !xgin work as soon as instructed by the Contractor and
shall prosecu the P S ro u�bcontract Work protnotl effic iently and in a scanner ontractar's work or other work
that will act cause delay in the grogress of `YORK O BE PERFO IN THE o N CMC ER OF DAYS SH O
THE PROJECT SCHEDULE, NOT TO EXCEED _30_ CALENDAR
DAYS.
3.02. Project Schedule Subcontnemr shall perform all Subconeac[
to
TO
Progress reports c ntract ork as rosy be required by Contractor; and
shall attend periodic conferences at the job site to discuss progress.
3.04. Dams es for Dela . Subcontractor shall be liable for any
dannages for y susta corrector caused directly or utdirecdv by
co
Subntractor, including, but not limited to, damages. Itquidaned or
otherwise, for which Contractor is liable to Owner. Any such damages shall
d edocted of payments y due, Subcontractor Subcontractor shall pay suc
pay Contraomr upon
claim
r shall
s fees,
to
for
for
to
ARTICLE ry
RICE. PAYMENTS
4.01. Subcontract Price. Contractor agrees to pa�v �to Subcontractor
the sum of AIF "IT TFMV.R THOUSAND TWO HUNDRED FORTY
DOLLpRg or pre ormance o e
u mract or m er, sac jecfto adJ'ustrnems for changes pursuant to
Article V, Changes; such mud sum a consisting of materials to be incorporated into
the Project m the mmount of S 48,240.00_, and labor, services.
equipment rentals. fees, overhead, profit; and other vests of $ 45,000.00_
4.02. Monthly Progress Payments
(a) Subcontractor shall submit to the Conncetor momtfy
apppplications for payment on the dare specified by the Contractor to enable
Contractor to include such amount in his application for payment to the
n.v.i.r
Pa in are trade on the Cc ttor s valuations of work
mane it of values
sum of the Subcor
submit a statement
on account of ma
suitably stored at
iers and shall be i
acct Documents. ,
day of each mo
upon
a
or oorw 11.11... . — r
Contractor's rights under mis gn
accompanied by completed lien u
may be required by Contractor or
inside ring the schedule submitted by the
I OUs parts of de Work, aggregating the
h lying for payment. the ubcontractor
i tits schedule. Application for payment
inco rporated in the Work, but delivered
halI monde evidence of payment from
cc with the tents and coditions of the
i for payment submitted by die seventh
x processed by the Contractor. No
tocessed and no payments will be made
a mom statement certifying the tame of
men and sub- subcontractors. Contingent
finem for that month by the Owner.
WI be due after the expiration of the
ref, maerialman or subcontractor of the
A a claim to statutorily perfect a valid lien
-pay any payyment without waiving any of
omen. Application for payment shall be
tivers attd /or bills paid affidavit fortes as
Subcontract Agreement (Public Works) Page 2
(b) Remimge, per the Contract Documents, due hereunder shall be
withheld until completion and acceptance of all Work to be performed under
this Agreement.
(e) in the event the Contractor believes any of the conditions listed
below warrant such action, the Contractor may withhold from monthly
cingress payments due hereunder sums deem sa
deemed necessary to protect the
ontractor and Owner from any losses on account of: (i) Defective Work
not remedied; (6) Failure of the Subcontractor to pay bills for labor and/or
materials furnished in connection with the Subcontract Work; (iii) Inability
of Subcontractor to complete the Subcontract Work for the unpaid
to aemer suncomracmr; or v0 fifteen oy use auoconracor or any
pprroovision or obligation of Agreement or (vii) Breech by the
Sug=ctor of any provision or obligation of another subcontract
agreement with Contractor which shall entitle Contractor to offset payments
due Subcontractor under this Agreement.
(d) Tie Subcontractor agrees that any joint check payments to the
Subcontractor and any of Subcontractor's materialmen or sub-subcontractors
shall constitute payment for the full amount of such joint check to the
Subcontractor under this A66rmeeemorn.
(e) In the event Contractor receives notice of a lien claim or bond
claim by Subcontractor's materialman, subcontractor or laborer. Contractor
may, at Contractor's option, directly pay any such claimant, Any such direct
payment to a claimant and any expenut m processing clam and
payment shall be deducted from the Subcontract Pnee and from any
payments due to Subcontractor. Subcontractor and Contractor former agree
that Contractor incurs substantial additional costs and expenses in
administration of claims when a notices arc received, that such costs would
be difficult to ascertain, that the sum of $250.00 for each notice should be
deducted as liquidated damages from the Subcontract Price and from any
payments due to Subcontractor.
(f) If the Contractor fails; to make payments to the Subcontractor as
herein provided for any cause et the fault of the Subcontractor, after receipt
of payment by the Owner for the Subcontractor's Work, then the
Subcontractor may, upon seven (7) days written notice to the Contractor,
stop work without prejudice to any other remedy he may lave.
4.03. F Pa nsem. Contractor's obligation to make foal payment
to Subcomraemr i specs y contingent upon the following conditions,
which amp conditions precedent to foal payment: (a1 Submittal by the
Subcontractor _of_ an_ affidavit that all payrolls,, bills for mater's( and
nice
actor'
it am
to
ARTICLE V
CHANGES
5.01. Chan ens. The Subcontractor may be ordered by the
Contractor, wt�iout invalidating this Agreement, to make changes in the
Subcontract Work within me general scope of this Agreement consisting of
additions, deletions or other revisions to the Subcontract Work.
Subcontractor, prior to the commencement of such changed or revised work,
shall prompt) submit to the Contractor any claim for adjustment o the
Subcontract Arice or Pmject Schedule because of such changed or revised
—k
representative, shall be final with regard to whether extra compensation a
due an d with regard to the amount of such extra compensation.
5.04. Writing fired. AB Change Orden, Modifications. Claim
for Adjumnene, mutes contemplated in this Article V shall be in
writing.
ARTICLE VI
INSURANCE AND INDEMNITY
6.01. Irismince.
(a) PRIOR TO STARTING THE SUBCON
enactor shed procure and rummin in force
matron Insurance for all Subcontractor's emplo
at
to
as
et
(i) Commercial General Liability.
000.000.00 Each occumnce
$2,000,000.00 General Aggregate
$1,000,000.00 Produced
Completed
Operations
Aggregate
$1,000,000.00 Personal
and Advertising
Injury
(ii) Comprehensive Automobile Liability
$500,000.00 Combined Single
Limit or
$250,000.00 Bodily Injury -
Each Person
5500,000.00 Bodily Injury -
Eaeh Occurrence
$250.000.00 Property Damage h Occurrence
The Commercial General Liability Policy shall contain a
I liabilityry endorsement, an endorsement listing the Contractor as
insured, and a products/completed operations endorsement.
at General Liability Insu mil be arranged under a single
the full limits required or by a combination of underlying policies
dance provided by an Excess or Umbrella Liability policy.
71e Wnrkerx' Contamination Poliev shall conam a waiver of
contractor shall execute a joint agreement to toe met wen we nut
opensation Commission sating red Subcontractor is an indePel
truer.
(d) Prior to starting the Subcontract Work. the Subcontractor
vet to Contractor an original Accord Certificate of Insurance accel
.onractor which evidences the coverages and the endorsements ter
no and which states that the coverages afforded wrier the polic
be cancelled or terminated unless at least 30 days written notice is
the Contractor. If Subcontractor subcontracts any Portion o'.
contract Work, Subcontractor shall deliver to Contmcmr for ea
contractor's subcontractors or employee . lessing an Of
rWUnred herein. Upon request frc
r shall deliver a copy of all policies of
Subcontractor waives any claim in is
or otherwise, for any and all losses,
ch amp covered by Subcontractor's policies
I Subcontractor may have to the proceeds a
and
not
to
by way of
damages or
auce, except
to.
Subcontract Agreement (Public Works) Page 3
sickness, disease or death, or to injury to or destruction of tangible property
including the loss of use resulting therefrom; and (ii) caused in whole or in
part by work performed by the Subcontractor or anyone directly or indirectly
employed by him, regardless of whether it is caused in whole or in part by a
parry indemnified hereunder.
(b) In any and all chums aggainst the Contractor or any of his agents
or employees by an employee of the Subcontractor, or anyone directly or
indnecdy employed by, bim or a�'mat for whose acts he may be liable, the
indemnification obligation under this Paragraph 6.02 shall not be limited in
any way by any limitation on the amomn or type of damages, compensation
or benefits payable by or for the Subcontractor under Workers'
Compensation acts, disability benefit acts or other employee benefit acts.
(c) The obligations of the Subcontractor miler this Paragraph 6.02
shall not extend to the liability of the Engineer, his agents or employees,
arising out of: (a) the prigmition or approval of maps, draw a, optimum,
reporer, surveys, Change Orders, designs, or specifications; or (b) the giving
of or failure to give directions or instructions by the Engineer, her agents or
employees, providing such giving or failure to give is the primary cause of
the injury or damage.
ARTICLE VII
BONDS AND WARRANTIES
7.01. Performma ettr2gent Bond If required by the Contractor, a
Performance nom and a Payment bond in a form satisfactory to the
Contractor shall be furnished in the full amount of this Agreement, and the
cost thereof shall be paid by Contractor as a change under Article V. This
obligation shall continue throughout the term of this Agreement and may be
required at any time during the performance of Subcontractor's Work.
These bonds will be furnished by an •ns •nnce company on the list of
Acceptable Sureties by the Department of the Treasury within the limits
stated thereon.
7.02. Conformance with Contract Documents. The Subcontractor
warrants to caner or 17onuracuir iiiiii au SUSEUR Work shall be free
from any and all defects due to faulty workmanship and/or materials and
shall comply with all rcrcqquuiTement of the Contract Documents. The
Subcontractor shall pro mpuy remove, replace, correct and/or repair any
portion of the Subcontract wWork that the Contractor or the Owner determines
is defective or is not in compliance with the Contract Documents. The
Subcontractor further agrees to execute any special guarantees as provided by
the terms of the Contract Documents, as a condition Precedent to payment by
Contractor.
7.03. Payment of Laborers and Materialmen. The Subcontractor
further warrants that all latiorers, msucruumcn and subcontractors providtin'ngg
Tabor, equipment, or materials for the Subcontract Work will be paid smlh
that neither the Owner, Contractor, or Owner's property will be subject to
any claims, liens. or encumbrances.
ARTICLE VIII
TERMINATION
8.01. Partial Completion by Contractor Should the Subcontractor
fail at any time to ire y a ufficien mummer of propery, skilled workmen
and sufficient mamriala and equipment of the proper =ity, as determined
U e Connacmr in is m sole discretion, or fail any re, t to prosecute the
i, t Work with promptr s and diligence, or fa promptly comet
defective Work or fail in the performance of any of the agreements herein
contained, the Contractor may, at his option without notice, provide such
labor, materials and equipmem and to deduct the cost thereof, together with
all loss or damage occasioned thereby, from any money due or
thereafter to become due to the Subcontractor under this
8.02. Termination. H the Subcontractor at any time shall refuse or
neglect to supply m"il - icient petty skilled workmen, or mamriala or
equipment of me proper iry and qua or fail in any respect to
prosecute Subcomacmr's ork with prompmess nil dil igence, or cause by
airy action or omission the stoppage or interference with The of the
Contractor or other subcontractors, or fail in performance of any of the
covenanter herein comxnied, or be unable to meet his debts as they mamic.
Ta Contactor ma , at his option, at a� time terminate the Subcontractor's
employment by delivering written nonce of termination to the Subcontractor.
Thereafter, the Contractor may tike possession of the Project and Work,
tihaterlais, Idols, appliances and equnpnnent of the Subcontractor at the
butting site, and tluough himself or others provide labor, equipment and
materials to prosecute Subcontractor's Work on such terms and cond itions as
shall be deemed necessary. The Contactor shall deduct the cost thereof,
including without restriction thereto all charges, expenses, losses, costs,
damages, and anorney's fees, incurred as a result of the Subcontractor's
failure [o perform, from any money then due or thereafter to become due to
the Subcontacmr order this Agreement.
8.03. Te ination for Convenience. The Contractor may, at its
option, at airy tone, tennmm me woe or any pan of this Agreement for
the coreeu,,= of the Contractor. Subcontractor agrees a 9 [that upon soy such
termination, the Subcontractor's sole remedy
reasonable yy slbe pit merit of thereon. val ue
for all w ork Properly performed, P liP
payments Subcontractor has previously received on account of such work
performed. Subcontractor agrees to waive all claims for damages, including
lost or anticipated profits. arising from or related to any such termination by
Contractor.
8.04. Payments After Termination If the Contractor so terminates
The employments or me Su5conmlcwr. = Subcommactor shall not be entitled
to any further payments under this Agreement until Subcomracmr's Work
has been completed and accepted by the Owner, and payment has been
received by the Contractor from any money then due or thereafter to become
due to the Subcontractor under this Agreement. If the cost to complete the
Subcontract Agreement (Public Works) Page 4
Subcontract Work (including all charges, expenses, losses, costs, demands
and amrney's fees ias, as the result of the Subcontract term mtiom
exceeds the mtwd Subcontract amount. Subcontractor shall pay the
Contractor the balance of such excess.
ARTICLE IX
CLAIMS
9.01. Arbitration. Except as provided herein, all claims. disputes and
controversies analog out of or Tehran¢ to this Subcontract or claims for exm
wori[ or changed condinone to or related to the Subcomaet work, shall be
decided by Arbitration in accordance with the Construction Irdmvv
Arbitration Rules of the American Arbitration Association. Discovers'
matters shall be conducted in accordance with the Texas Rules of Civil
Procedure, unless the parties agree otherwise. The Arbitrator shall be
selected by the Contractor from a list of arbi[mmrs provided by the
American Arbitration Association. The arbitration hearing shall be in Fort
Worth. Texas. The award Tendered by the arbitration slWl be final. and
judgment may be entered upon the award in accordance with the Texas
Arbttratiou Aet. If the Contractor's agreement with the Owner does tot
provide for arbitration, this agreement to arbitrate shall tot apply to:
(a) i claim by either party fo contribution or indemnity asserted in
(b) a claim by the Sltbcomracmr agaittst the Contractor if the
Conttacmr asserts said claim. in whole or m part. againrt the
Owner in litigation in which the Subcon actor could be joined.
if the arbitrability of this Agreement is contested by eid r parry the issue
shall be submitted to a court of compemm jurisdiction, and me arbitration
shall be set ed until the determination by lac court.
9.02. Psrtictnatian by Subcontractor In the event the Contractor and
Owner or otdfthwm a mate or l itislate reamers relating to this Subcontract. it
shall be the responsibility of the Subcontractor to Prepare and present the
Contractor's case. to the extent the proceedings am related to to
Subcontractor's Work under this Agreement.
9.03. Su ntractor Bound W Awed Should the Contractor enter
mp
i arbitration of rogation con t e i3whar or tethers regarding maters
relating to (his Agreementt, the Subcontractor shall be bound by die result of
the arbitration or litiguion to the aanm de Tee as t Contactor.
9.04. Continued Performance. Subcontractor sha0 arty on
Subcontractor s or mamam Progress during, any disagreements.
co ntemplated chres, disputed claims, pamal Payment issues on [his or any
other project, arbitration or litigation proceedings.
ARTICLE X
ADDITIONAL OBLIGATIONS OF SUBCONTRACTOR
10.01. Addhtional Obli lions of Sub contractor. In addition to the
otlter engsgerrA= o t macmr reu er, Subcontractor hereM'
agrees that Subconnutor shall:
(a) Not discriminam against any employee or, applicant for
employment because of ram, creed, color, age, sex, national origin, or
disability) Not assign this Subcontract or any amount due or to become
d hereunder without the written consent of the Contractor: ter subcontract
the whole of this Agreement without the written consent of the Contractor:
ter father subcontract portions of this Agreement without written
notification to the Contactor.
(c) Promptly submit shop drawinnggs and samples, as required. in
order to carry on the Work efficiently witlhout delay in to ppro�gress of the
project. Subcomracmr shall resubmit within three (3) workmg days. any
shop drawings or submittals returned for correction.
(d) Comply . with all Federal, Sam and local laws and ordinances
relating to construction of buildings or structures, give adequate maces
relating to The Work to the proper authorities, and secure and pay for all
necessary licenses or permits m carry on the Work as described in the
Contract Document applicable to this Agreement.
(e) Comp) with Federal std Sam Taws relating to reporting and
pa of fede and sate payroll axes on wages. 'including but tot
limited to, Federal Income Tax withholding Provisions of the Internal
Revenue Code, Federal Insurance Contribution Act (FICA) payment, and
Federal Unemployment Tax Act (F'UTA) payment applicable sate
mhemploymem ax payment. Comply with all prevailing wage rams u
inquired m the Contact Dm ntenta.
(f) Comply with all Federal. Sam and local laws including, but not
limited to, the statutes std regulations pmmulgared pursuant to statute related
to Texas Workers' Compensation Act Contoldated Omnibus Budget
Reconciliation Act (COBRA); Immigg Reform and Control Act of 1986:
Consumer Credit Protection Act Title 3, Title 7 of the 1964 Civil Rights
Act; Age Discrimination Em I�mem Act; Employees Retirement Income
Security Act (ERISA); and pational Safety and Health Act of 1970
(OSHA). As an independent contractor, Subcomaotor is excithsively
resppoonsible for compliance with these regulations and laws and for the safety
of Subcommmor's employees.
(g) Maintain a qualified person approved by Contactor on the job
at all times.
(h) Comply with Contractor's Drug Free Workplace Program.
including Subcontractor's cooperation in testing of employees, and
Subcontractor's perrranent removal of employees failing tests or refusing to
submit to tests.
(i) Attend periodial meetings scheduled by the Owner or
nt
Coactor to review the pmjec[ or project -rented items.
10.02. Additional bin ations of Contractor. In addition to the other
engagement of ontractor nereumer, Concractictr hereby agrees that
Contactor shall:
• (a) Be hound to the Subcontractor by all the obligations (hat the -
Owner assmnes to the Contractor under the Cis t Documents and by all
the pprovision thereof affording remedies and redress to the Comracmr fmm
the Owror inaofu as applicable to this Subcomnct.
(b) Not issue or give instructions. orders or directions directly
to emptoyees or workmen of the Subcontractor other than the persons
designtated as the Authorized Representative(s) of the Subcontractor.
ARTICLE XI
MISCELLANEOUS
1.01.M All tutees required m be given order this Agreement
shill be deem��& livered when deposited m the United States mail, fast
doss postage prepaid, addressed to the recipient at:
Contractor: ED B ELL CONSTRUCTION COMPANY
DALLAS, TEXAS 75354-0787
(214) 358-6581 VOICE
(214) 352 -3201 FAX
Subcontractor. PPAVER CONS COMPANY, INC.
CEDAR HILL, TX 75106
(972) 299 -2246
(972) 299 -2258 FAX
11.02. Ageement. This Agreement contains the entire
agreement or trte panes. auocontract r agrees and aclmowiedges that no
mpmsenaations or warrants of any kind have been made by Contractor or
its cer ca other than those expressed herein. All prior t
, agreements
tespecong the ;object matter hereof have been incorporated in the terms
hereto std are no longer of any force or effect. All modifications to this
Agreement Sndli be in wr[tmg atgned by the pamea.
11.01 is ' Te In the event there is a conflict between the
Contract D[xmtents any provisions of this Agreement, the toms of this
Agreement shall govern.
11.04. tm F s . to the event that the Contractor is required to
retain the serv[w o an tumrney to enforce this Agreement, or to defend
aaggainst any cause of action. claim, or counterclaim brought by the
Subcontractor on which the Subcontractor does rot prevail. then the
Contractor shall be entitled to recover the auornay's fees and coats incurred,
in addition to other remedies to which the Contractor is entitled under Texas
law. In the even that the Subcontractor is required w retain the services of
an anomey to enforce this Agreement and the Sda:omracmr prevail__ in
asserting a valid claim under this Agreement, then the Subcontractor shall be
mottled re recover attorney's fees and costs incurred, in addition to other
remedies to which the Subcontractor is entitled under Texas law.
EXECU M in DALLAS County, Texas as of the date first wnum
above.
BY:
NAME: PR
TITLE: PRESIDENT
FTU R NU ialA
PAVER CONSTRUMON COMPANY, IN
BY: .., �.
N � v .� - .4r
TITLE: C' � S!
G:\feme \C0NS71D1D- C (Revised 7- 15 -97)
Subcontract Agreement (Public Works) Page 5
Paste:
4i l at 10:53:53.93
PAVER CONSTRUt7i'IUN CO,. INC.
Aged Receivables _ —_
Filter Criteria includes: I IDs from SANDY to SANDY Report
or,.— is M. Report is printed in Detail Format
customer ID
Invoic _
0. 10- ------ 31 -60-- b1-20___.Dver98days--.-Aowunc
Customer
Contact
Telephone 1
SANDY
3266
-
526.39
83.99
526.39
53.99
ID BELT. CONSTRUCTION CO
3317
177.71
377.71
ROB WEBER
3545
- - -- --
�34:81-
-- ---53384 —' —__
_ —
X795 --
-- ---
361.41
361.41
3953
3953
1.469.43
1.469.43
4125
4 .196.81
1.1 96.81
- --
- 4.196.81
3,352.77
7,549.58
SANDY
ED BELL CONSTRUCTION CO
Report Total _
4.196.81
3,352.77
— -
7,549.58
�I
9
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s�
16
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��X44..F^^``.y".�-- yy'"•��II�� R "l yy INVOICE
STRucnor'caN tic
CEDAR HILL, TX 78706
DATE ORDER NO.
.2002
anuary 23, Contract
SHIP TO
A'=
-,2 Ed Bell Construction Company Sandy Lake Drive Project #ST 93 -02
P.O. Box 540787 Coppell, TX
Dallas, TX 75354 -0787
v
*�. 4 c"'w .,w � • • �. a
x` , i. ". Y 3 }," x Y's'yh{ JL '}f
'N
SALESPERSON
DATE SHIPPED
SHIPPED VIA
F.O.B. POINT
TERMS
Smith
January 2002
Jobsite
Contract
QUANTITY
DESCRIPTION
UNIT PRICE
TOTAL
Item 921
166.54 S.Y.
Pavestone Installed This Period -- -- ---- --
$25.20
$4,19 6.81
Less 5% Retains e------ ___ ___----
- $209.84
TOTAL AMOUNT DUE THIS INVOICE----------
$3,986.97
sour.
Thank You
l00 mma !�!
••�••
re re 4 PAVER
CONSTRUCTION COM INC-
An Equal Opportunity Employer
May 24, 2001
Ed Bell Construction Company
Attn: Rob Weber
P.O. Box 540787
Dallas, TX 75354 -0787
Ref: Sandy Lake Drive Project #ST 93 -02
Coppell, TX
Mr. Weber:
Following is a breakdown of all square yardage, dollar amounts invoiced & paid to date:
Ln oice #3266
417.77 S.Y. @ $10,527.80 — EBCC paid 417.77 S.Y. @ $10,001.41 (less retainage)
invoice #3317
66.67 S.Y. @ $1,680.08 — EBCC paid 66.67 S.Y. @ $1,596.09 (less retainage)
invoice #3548
299.76 S.Y. @ $7,553.96 — EBCC paid 299.76 S.Y. @ $7,176.25 (less retainage)
Invoice #3795
426.68 S.Y. @ $10,752.34 — EBCC has not paid yet
Total Square Yardage Invoiced to date: 1,207.88 S.Y. @ $30,514.18
Total payments to date: $18,773.75
I hope this will clear up any questions that you had. Please give me a call if I can be of
further assistance to you in any way! Please advise when payment will be made on this.
Thank you,
+ennier S. Bickerstaff
Office Manager
P.O. Box 1087, Cedar Hill. Texas 75106
'Aoro 1072) 299 -2246 . FAX (972) 299 -2258
1087,
rX,751C
1 -,r,
a tbovember 21, 2001 Contract
7
TO XAA SHIP I U
T
d Bell Construction Company Sandy Lake Drive Project #
P.O. V C
P Box 540787 Coppell, TZ
Dallas, TX 75354-0787
SALESPERSON OATESHIPPED SHIPPED VIA F.O.B. POINT_
Smith November 2001 Jobsite
QUANTITY DESCRIPTION
:em. #21:
166.22 S.Y. [avestone Installed This Period------
ess 5%
OTAL AMOUNT DUE THIS INVOICE ------
Thank You
TERMS
UNIT PRICE I TOTAL
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2001
ORDER NO.
Contract
.hu' axim
July 24,
TO
SHIP TO
Ed Bell Construction Company
Sandy Lake Drive
TX
Project #ST
93 -02
P.O. Box 540787
Coppell,
'" :r ..:.. .. .,
`19[ '
Dallas,
SALESPERSON DATE SHIPPED SHIPPED VIA
F.O.B. POINT
TERMS
Smith
July 2001
Jobsite
Contract
QUANTITY
DESCRIPTION
UNIT PRICE
TOTAL
Item $21
286.83 SY
Pavestone Installed This Period ---
—
$25,20
$7,228
12
Less 5% Retains e------------- -
---------
-$361.41
TOTAL AN.OLM DUE THIS INVOICE - --
- -- - - -- _
�_
__
$6.86601
I
2. M
Thank
You
GV Or-LL t U14 I nW. I wl+ VvJvlrN1Y I
)UR
YOUR INV. NO.
INVOICE DATE
INVOICE AMOUNT
AMOUNT PAID
DISCOUNT TAKEN
NET CHECK AMOUNT
043021
91435 -0034
07/31/2001
6866.71
6866.71
0.00
6866.71
Paver
Construction
o.
Job 0
39 Subcontra
t 91435
ED BELL
u
a
p'O84 38ul1' 1: i 6 ruuu r »•. W..- - - -- V
O
Ed Bell Construction Company
P.O. Box 540787
Dallas, TX 75354 -0787 §
SALESPERSON DATE SNIPPED SNIPPED WI
w
(DATE
ORDER NO.
March 6, 2001
Contract
SHIP TO
Sandy Lake Drive Project #ST 93 -02
F . WN
,PAVER CONSTRUCTION CO , INC.
K
.,-
4a0k. METRO 972'•299.2248_
- -.'..
P.O. BOX 1087.
AR HILL, TX 75106
4 'c,
=
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+0�
O
Ed Bell Construction Company
P.O. Box 540787
Dallas, TX 75354 -0787 §
SALESPERSON DATE SNIPPED SNIPPED WI
w
(DATE
ORDER NO.
March 6, 2001
Contract
SHIP TO
Sandy Lake Drive Project #ST 93 -02
op ell, TX
-.
F.O.B. POINT TERMS
Smith February 2001 Jobsite Contract
QUANT17Y DESCRIPTION UNITPRICE TOTAL
.tem L'1 :
526.68 SY Pavestone Installed This Period--------- ---- --- - -- 25.20 10 752. 4
.ess 5i Aetainage-----------------°
--- - - - --- -- - - - --- - -- - $537.62
TOTAL A.KOUXT DUE THIS TNVOICE ------------ ---------- -- --- --- - -- $10,214.72
Thank You
j Ed �& j T0.;6 onLLf AS �vllows : g (0 .'
493
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;PANER.0 ISTRUCTION CO A INC. *
?METRO 97 2-"299 -2248
P.O. BOX 1087 �y..e A
* HILL, TX 78108
TO
Ed Bell Construction Company
1 P.O. Box 540737
Dallas, T% 75354 -0737
MEAL
E -- ar _ _.-..
DATE
August 14, 2000
_ _ -.
ORDER NO
Contract
SHIP TO
Sandy Lake Drive Project LIST 93 -02
Co Dell, TR
.. v r. M�'cv .
t i.,#L.
s,i^
SALESPERSON
DATE SHIPPED
SHIPPED VIA
F.O.B. POINT
• h
Au ust 2 000
Jobsite
TERMS
Smit R
pUgNTITy DESCRIPTION UNIT PRICE TOTAL
=tem #21
299.76 S.Y. Pavestone Installed This Period----------- ------- $25.20 $7,553.96
Less 5Z vetainage ---------------- — - -- ---------------------------- - $377.70
I TOTAL LMOUNT DUE THIS INVOICE---- --- ------ --- -- ---- -- --- --- --- 1 $7,176.26
A3-548
Thank You
T Am o a o Q
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7, 2000IContract
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93 -02
SALESPERSON DATE SHIPPED SHIPPED VIA F.O.B. POINT TERMS
Smith Februcr•r 2000 Jobsite Contract
QUANTITY DESCRIPTION UNIT PRICE TOTAL
Item 1121 - ^- _ -` - -- t_ -- $25[20 $1,680 08
Less 5 ?etainane----------- -- ---------- --- --- - - - --- - --- - --- r - - -- i ,,,
TOTAL _.00 'T DLT ??iiS _ 'NGICE--- •------- - -- ----- --- ---- : 1,596 08
s
Thank You
U HELL GUNS 1 HUI, I IUIV LUIVIF'AN T
a REF. NO.
YOUR INV. NO.
INVOICE DATE
INVOICE AMOUNT
AMOUNT PAID
DISCOUNTTAKEN
NET CHECK AMOUNT
02354
91435 -001
- 02/29/200C
1596.09
1596.09
0.00
1596.09
Paver
Construction
Co.
Job 0
39 Subcontr
Ct 91435
ED BELL CONSTRUCTION cvMrwrvT
RO. Box 54U787
Dallas, Texas 75354-0787
?04/1Sf20.0II
. PAY - -- --------
TO One Thousand Five Hundred Ninety Six and 09/100 - - --
TO THE
ORDER
OF Paver Construction Ca. 'k
P.O.Box 1087
Cedr Hill, TX 75106 -,.� ,T - . y am - --
R'076876 ': L I L000753F: II' L880593064u'
* ** *1596.09
Ed Bell Construction
P.O. Box 540787
r 14, 19991Contract
Lake Drive Project #ST 93 -02
1, Texas
Dallas,
Texas 75354 -07$7 At
SALESPERSON
DATE SNIPPED SNIPPED VIA F.O.B. POINT
TERMS
Smith
December 1999 Jobsite
Contract
QUANTITY
DESCRIPTION
UNIT PRICE
TOTAL
Item 1121:
417.77 S.Y.
Pavestone Tnstalled This Period--------------- - - -- --
$25,20
$10,527.80
Less 52 Retainag e ----- — ------------ --------------
- - - - - --
- -
--
-$526,39
ln� kl ATANTJT TTTZ TUTC TNfFnTrV----- ------------ - - - - --
-- - - - - --
- -
--
$10,001
41
Thank You
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