Stoneleigh (Fairway)-CS 980625CITY OF COPPELL J.E. NO.____.
Prepared by _ JOURNAL ENTRY
Approved by POSTED BY:
FU DATE. (y-aAQ_ -5 DATE:
DESCRIPTION ACCOUNT DR. CR.
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FIRST WORTHING COMPANY AS AGENT FOR
FWC CONSTRUCTION - COPPELL
8144 WALNUT HILL LANE #550, LB -6
DALLAS, TX 75231
214 -739 -8141
* ** *5:31 DOLLARS & 72 CENTS
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FFA
No. 001243
7 May
21 /98
9702- 001243
TEXAS CENTRAL BANK
DALLAS. TEXAS
> J M D ,5 .
32-1693/1110
TWO SIGNATURES RE
OVE SS,000
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06/25/1998 10:23 2147391438 FIRST WORTHING CONST PAGE 02
SUSCONTRA,CT NO.
JOB NAME Fairw Drive
LOCATI C pelf. TX
First Worthing Company
8144 Walnut Hill lane, Suite 550, LBO
Dallas, Texas 75231
(214) 739 -8141
THIS AGREEMENT, made this 24 dill of April tip 98 , by and between First Worth
Company Limited, hereinafter called - Contractor and Tiseo Paving Company
hereinafter aped 'Subcontractor whose address is P. O. Box 270040 Dallas, TX 75238
upon the following premises, terms, conditions, considerations and agreements:
1. Contractor h han eyed t a ontract dated Septatrnber 24, 1997
with tpoppe p t I� !?.
hatter called 'Owner,, to perform certain labor and tumish certain materials for the erection, construction and completion of
Coeskuaioa of s 760 unit wartmera sample= and sroomted sttuamm
In accordance with plans and specifications prepared by WSI Architects. Ire.
hereinafter nsNrred to as 'Architect", all of which plans, specifications. generei conditions, special conditions. Including addenda and/or any applicable
altemsfes, or any other documents contained in the above mentioned contract, are hereby made a part of this Subcontract, and are hereinafter referred
to as the - Contract Documenr. The parties hereto desire to contract with reference to a part of said work, and for and In consideration of the mutual and
reciprocal obligations contained herein. it is further agreed:
2. Sub contractor agrees to fumish as labor, materials, equipment, scaffolds, tools. Nee, permits, taxes, insurance and other Items to
perform and complete In a workmanlike and expeditious manner with adequate skilled and competent workmen In strict corn p iance with all tip, and appli
regulations, customs. codes. Iowa and ordinances and In conformity with the directions of Contractor. Contractor's superintendent, the Architect and
Engineer, aN of which In herein called "Work", and perform all of the work necessary and incidentally required for the completion of that part of the work
Covered by the Contract documents as follows.
Subcontractor to furnish labor, material and equipment for site utilities work in accordance with the plans &
specifications by Nathan D. Maier, revisions dated 9 -25 -97 City of Cappell TX codes and highest industry standards.
SEE ATTACHMENT "A'
SEE ATTACHMENT "B"
SEE ATTACHMENT "C"
SCOPE OF WORK
PLAN DOCUMENTS
SPECIAL CONDITIONS
3. Contractor agrees to pay Subcontractor at the home office of Contractor for the performance of h IG work the su of
ONE HUNDRED THIRTY EIGHT THOUSAND TWO HUNDRED NINETY THREE DOLLARS LLARS (S 5138,293.00 ),
subject to additions and deductions as herein provided and in the Contract Documents, and such sum* shall paid by Contractor to Subeontra or as
the work progresses In monthly Installments as described In Section 23, paragraphs (a) through (g).
4. (a) Subcontractor shall begin the work covered by this contract as soon as Subcontractor has r notice from the con r that the
eonstrUct on upon which saki work Is to be dons Is ready for sald wont, and shall easy on said wort promptly, ently and at that VAN not
cruse daily in the work of Contractor's work or other portions of work carried on by other Su ontractors. SubCOntr rc shalt prosecute Certain
porim a of the work In reference to others, it so ordered by the Contractor.
(b) The Subcontractor agrees to complete In several portions and the whole of the work promptly and to as not to delay any of the work on the
proiect-
(e) The Subcontractor agrees to order materials, supplies and/or equipment required for prosecution of work herein covered, in writing. promptly
after the execution of this subcontract so as not to delay the work. Contractor may at any time require proof that such orders have been placed and/or
purchases made. The Subcontractor shall submit promptly, to the Contractor, strop drawings, samples, and/or other submittal data as may be required
by the Contract Documents or the Architect.
(d) Contractor shall not be liable to Subcontractor for any delay to Subcontractors work resulting from the act, negligence or default of the Owner
or the Architect for any amount In excess of that which Contractor shalt recover and collect from Owner by reason of such delay to Subcontractor& work
or by reason of fire or other casualty or on account of riots. strikes or other combined action of the workmen of others, or on account of any acts of God
or any other cause beyond Contractors control: or on account of any circumstances caused or contributed to by Subcontractor.
(e) Should Contractor delay Subcontractor's work. then and In such event Contractor shall owe Subcontractor therefor only an extension of time
for completion equal to the delay caused, and then only It written claim for delay is made to Contractor within five days from the beginning of the delay.
V) The Subcontractor shall complete Its work by the date specified In the aforementioned contract Document as a completion date for said
Contract. In the event that wort Is not completed by this date, and the Contractor determines that failure to complete le the fault of the Subcontractor.
Subcontractor shall pay Contractor the sum of S 40tuA S as liqukfeted damages
and not as a penalty for each and every day that Subcontractor delays the )ob. Subcontractor agrees that actual damages for such delay would be
Incapable of exact determination, and that the liquidated damages provided for In this contract are a reasonable forecast of the damages Contractor
would suffer as a result of such delay.
5. Subcontractor has read and Is thoroughly familiar with said Contract Documents and agrees to be bound to Contractor by the tirrrne of said
Contract Documents Insofar as they relate in any part or In any way to the work undertaken herein, and to assume towards Contractor. In connection with
Woo work covered by this Subcontract, all of the obligations and responsibilltles which Contractor by those documents assumes towards the Owner Or
anyone else.
6. The work In this Agreement shall be performed under the direction of the Contractor and the Architect, and the Contractor and/or Architect's
decisions as to the true construction and meaning of the drawings and/or specifications shall be final and binding. Subcontractor shall conform to and
abide by any additional specifications, drawings or explanations furnished by the Arehltect In order to detail and Illustrate the work to be done.
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06/25/1998 10:23 2147391438 FIRST WORTHING CONST PAGE 03
(g) Alt payments•madi to Subcontractor hereunder, to the extent of an amounts due Or to becorne due to Subeontra~a arnptpyeM. auppilera
and subcontractors on the Project shall be received and held by Subcontractor In trust for such employees, suppliers and subcontractors,
shall have no right to use or apply for Re own benefit or for any other purpose any payments made hereunder except the amount. ff any, by e
Payments exceed the total of the amounts owed such employees, suppliers and subcontractors on or In connection with the project. This P
23(g) is for the protection and bonaflt of Contractor and may be enforced by it. �Pf+
24. Subcontractor shelf have full responsibility for the completion of tha work and all mster mind equipment required by the wont, until sea*~ by
the Owner. Subcontractor shall take care to avoid any damage to his materiel or work, and any other Contractor's material or work, if darwgs should
occur, the Subcontractor responsible for same shall pay all Costs of correcting such damage to the satisfaction of the Contractor. C ontratxor shay rapt b*
direct or responsible for any damage to or loss or Subxontractors work, materai* Or properly unless same shall be solely and proximately caused by the
direct negligence of Contractor. M*eM.
25. The Subcontractor shalt take all safety precautions with respect to his work, shall comply with all safety measures Initiated
by ate nc and
tows. v
with all applicable e. ordinances. rotes, rsguistiona and Orders d any public authority for oho safety of persona or property in aCOOraccord e W i t h i l t ft fire
requirements of the Contract Document. The Subcontractor shall report Imrnedlatey and In any event within three days to the contractor any injury to site
Subcontractor's employees at the site. subcontractor agrees that It will not discriminate, against any employ** or applicant for employment because Of
race, color, creed. national origin, or sex. Subcontractor agrees that it WIN compy with all applicable Federal. State and local fair employment praetices
act. or similar acts. rules and regulations, and whether or riot applicable will oomply with the Federal Civil Rights Act of 1944, the terms and provisions of
Executive Order 11248 and any Executive Order superseding same, are Incorporated heroin with respect to any Sublet work subject thereto,
2e. Notwithstanding anything in the Contract Documents to the contrary, this work must pass final inspection and comply with the bullding pods Of
the City (or any other governmental agency having such a building code which Is applicable hereto) whore the Improvements are to be located,
27. Subcontractor agrees, upon request by contractor, at any time or from time to time, to execute such other end fuller documerMt and
instruments, and to perform such other acts and things, as Contractor shall require to protect, preserve or assure Contractors rights hereunder,
28. Subcontractor agrees, upon request by Contractor, to furnish Contractor a labor and material payment bond satisfy" requirements of Article
54720, revised Civil Statutes of the State of Texas, or such other labor and materiel payment bond as Contractor shaft request, and a pedonrence bond
issued with respect to this contract blued by a Surety or sureties acceptable to Contractor, naming Contractor and such other persons so Contractor
shall request as obligees If bond Is required Subcontractor shall at its cost obtain and furnish to Contractor a bond or bond* In the amount of the total
contract price provided in Paragraph 3. above. and In a form and with a surety or sureties satisfactory to Contractor, guaranteeing tit* faithful
performance of this Subcontract and aft of subcontractors obligations hereunder, including the making Of alt payments provided to be made by
Subcontractor hereunder. Contractor shall have the right to withhold any and all payments hereunder until such bond Or bonds have been furnished by
Subcontractor and accepted In writing by Contractor. The surety or sureties on Bald bond or bonds shad weIYe, and the execution of such bond or bonds
shall constitute a waiver of, notice of amendments to this Subcontract, notice of any changes, addition* or delabons In, to or from Subcontractors work
horsunder, and any right to have any amounts payable hereunder to Subcontractor retained by Contractor. The Consent of said Surety or sureties to
such matters, or any of them, Including the payment of relainage, shall not be required.
29 This Contract and the Contract Documents, Insofar as they relate In any part or any way to the work undertaken herein, contain all agreements
and obligations of the parties hereto as of the date of execution hereof. no prior discussions, bids, Owrinspondence. or other communication shall In any
way alter this Agreement; and, all parties have read and understand this Agreement In Its entirety. Regardless of any provisions hereof or of any
approval hereof the Owner is not a party to this Subcontract and the Subcontractor agrees that the Owner Is under no obligation to Subcontractor. This
agreement is binding upon each parry and his or Its *uccessors, executors, administrators and assigns The words 'his'. 'It'. "Its', wherever used In this
Subcontract shad apply to the Contractor or Subcontractor as applicable, whether the Contractor or subcontractor be a corporation, firm or Individual, as
shall be apparent from the context. ell written notices between the parties may be delivered in person or shall be by mall, property stamped, addressed
and delivered to the postal authorities, and any such notice shad be effective at mldnlght of the day during which such notice was delivered In person or
Is so mailed. Such notices shalt be addressed to the address shown In this Subcontract, unless written notice has been given of a new address.
30. Payment of all monies due from Contractor to Subcontractor to Contractor, howsoever the same shall arise, shad be due and payable In the
ContracWv office in Dallas County, Texas. any other obligation of either party hereto, whether be It Subcontractor or Contractor, shall be spetlftcalty
performable In DALLAS County, Texas, unless any such other obligation hereunder is made specifically performable in some
other county by the specific terms and conditions of this Contract.
31. It Is expressly understood and provided that, unless the parties expressly agree to the contrary In wrl". Contractor shall be liable for payrrtsrts
to Subcontractor hereunder only to the extent that Contractor has received the funds for such payments from Owner, and that Contractor shall have no
liability to Subcontractor for any breach hereof or any damages or toes to Contractor resulting from or by reason of any act, omission, neglect, delay,
instruction, order or requirement of Owner or Architect or any failure or refusal or Owner to provide Contractor with funds to make the payment* to
Subcontractor provided In this Subcontract, except to the extent and In the amounts Contractor recovers and collects from Owner by reason of any one
or more such matters.
32. The agreement shall be governed by the law in effect In Deltas, Dallas County, Texas.
33. ALL NEGOTIATIONS AND AGREEMENTS PRIOR TO THE DATE OF THIS AGREEMENT NOT INCLUDED HEREIN ARE HEREBY VOIDEO.
WITNESS EXECUTION the day and year first above written, each parry acting heroin by and through a duly authorized officer or representative of such
Party.
8144 Walnut Hill Lane, Ste. 550
Dallas, TX 75231
Address
P. 0. Box 270040
Dallas, TX 75238
Addrew
FIRST W c Y T
Br
Project Manager
1
Date Exseutsd
Tlsso Paving Company
Subcontractor
By
Lou i s 5 , Sg�c ae - o ELig-a ► i 0 �_
(Tme)
oats Execwsd
TeNphone Number can-)1-2 � -o T�3
Tax 106MIncallon Number
IMPORTANT: INVOICES WILL NOT BE APPROVED FOR PAYMENT UNTIL THE ACCEPTANCE COPY OF THIS AORpEINENT IS EXECUTED AND RETURNED.
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