 |
 |
|
|
| |
|
| |
CSA
CONSTRUCTION, INC.
2314 McAllister Road
Houston, Texas 77092
SUBCONTRACTOR AGREEMENT
|
| |
THIS
AGREEMENT made this ______ day of _________________, by
and between CSA Construction, INC., a Texas corporation
whose principal address is 2314 McAllister Road, Houston,
Texas 77092, hereinafter called "Contractor" and
____(subcontractor)______________, a Texas corporation whose
principal address is _________________________________ ,
hereinafter called "Subcontractor."
PROJECT:
________ Wastewater Treatment Plant
Designed by _____________________________
The Contractor and Subcontractor agree as follows:
|
| |
|
| |
1.
CONTRACT DOCUMENTS
(a) The contract documents for this subcontract consist of
this Agreement and any exhibits named herein, the General
Contract (including all general and special conditions, plans,
drawings, and specifications issued prior to the execution
of this Agreement), along with all modifications to this Agreement
to which both parties agree in writing.
(b) Subcontractor acknowledges that he has read the contract
documents and is familiar with each and every part thereof
affecting his Subcontract Work. Subcontractor by examination
has satisfied himself as to the nature and location of the
Work; the character, quantity, and kinds of materials necessary;
the adequacy of any surface or subsurface conditions necessary
to assure proper installation 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 familiar with the respective rights,
powers, benefits and liabilities of the Contractor and the
Owner under the contract documents and hereby agrees to comply
with and perform all provisions thereof which are applicable
to the Subcontract Work.
(c) The 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 as described in Paragraph
2.
|
| |
|
| |
2.
THE WORK
(a) The Subcontractor shall furnish for the consideration
herein mentioned all labor, material, supervision, equipment,
hoisting, temporary storage, insurance, taxes, fees and permits
necessary to complete the following work in accordance with
the terms and conditions of this contract and in a good and
workmanlike manner.
Description of Work in strict accordance with all Contract
Drawings, Specifications and Addenda as prepared by project
engineer.
(b) The Subcontractor agrees that he is an independent contractor
under this Agreement. The Subcontractor is solely responsible
for, and has control over, all construction means, methods,
techniques, sequences, procedures, and coordination of all
portions of the Subcontract Work, unless the Contractor shall
give specific written instructions concerning these matters.
Further, the Subcontractor is fully responsible for, and has
control over, all construction means, methods, techniques,
sequences, procedures and coordination of the Subcontract
Work related to the safety of the Subcontractor's employees
and any other persons working in the area of the Subcontract
Work.
(c) In the event of a conflict between the contract documents
as they apply to the subcontract work, the more onerous or
more expensive interpretation shall govern. Subcontractor
agrees to perform its work in compliance with all applicable
rules, regulations, ordinances pertaining to same. |
| |
|
| |
3.
TIME OF PERFORMANCE
(a) Time is of the essence of this Subcontract.
(b) Subcontractor will proceed with the work in a prompt and
diligent manner in accordance with Contractor's construction
schedules as amended from time to time. Subcontractor shall
be liable for any damages for delay sustained by Contractor
caused directly or indirectly by Subcontractor, including,
but not limited to, damages, liquidated or otherwise, for
which Contractor is liable to the Owner.
(c) In agreeing to perform the work in accordance herewith,
Subcontractor has taken into account and has made allowances
for delays which should be reasonably anticipated or foreseeable.
(d) IN THE EVENT THAT THE SUBCONTRACTOR'S PERFORMANCE OF THE
WORK IS DELAYED OR INTERFERED WITH FOR ANY REASON OR FOR ANY
PERIOD OF TIME BY ACTS OR OMISSIONS OF THE OWNER, CONTRACTOR,
OR OTHER SUBCONTRACTOR, SUBCONTRACTOR MAY REQUEST AN EXTENSION
OF TIME FOR THE PERFORMANCE OF THE WORK, BUT SHALL NOT BE
ENTITLED TO ANY INCREASE IN THE CONTRACT PRICE OR TO DAMAGES
AS A CONSEQUENCE OF SUCH DELAYS OR INTERFERENCE EXCEPT TO
THE EXTENT THAT THE CONTRACT DOCUMENTS ENTITLE CONTRACTOR
TO COMPENSATION FOR SUCH DELAYS AND THEN ONLY TO THE EXTENT
THAT THE CONTRACTOR MAY ON BEHALF OF SUBCONTRACTOR ACTUALLY
RECEIVE FROM THE OWNER MONIES FOR SUCH DELAYS. THE RECEIPT
OF SAID SUMS BY THE CONTRACTOR SHALL BE A CONDITION PRECEDENT
TO ANY OBLIGATION TO SUBCONTRACTOR.
(e) Subcontractor shall provide written notification to Contractor
of any event for which compensation is sought under paragraph
3(d) within three days from the time said event begins. |
| |
|
| |
4.
THE CONTRACT SUM
In consideration of the faithful performance of the covenants
and agreements herein to the full satisfaction and acceptance
of the Owner and Contractor, Contractor agrees to pay, or
cause to be paid Subcontractor the sum of:
Dollar sum of contract: $________ |
| |
|
| |
5.
PAYMENTS
(a) Subcontractor shall invoice Contractor using the form
provided by Contractor on the 25th day of the month after
commencement of the work hereunder for payment for materials
incorporated in the work and work performed and in place during
the preceding month of part thereof. Contractor shall pay
to the Subcontractor the amount invoiced less ten percent
(10%) retainage on the Friday of the week in which Contractor
receives payment from Owner provided the work is complete
as stated in the invoice. The remaining ten percent (10%)
shall be paid by the Contractor within thirty-one (31) days
after full and final completion, acceptance of the project
by Owner or Owner's representative, and receipt of payment
by the Contractor.
(b) SUBCONTRACTOR AGREES TO ACCEPT THE RISK OF NON-PAYMENT
IF OWNER DOES NOT PAY SUBCONTRACTOR'S CONSTRUCTION DRAWS OR
FINAL PAYMENT TO CONTRACTOR. OWNER'S PAYMENT TO CONTRACTOR
OF SUCH FUNDS SHALL BE AN EXPRESS CONDITION PRECEDENT TO ANY
OBLIGATION OF CONTRACTOR TO PAY SUCH FUNDS TO SUBCONTRACTOR.
(c) The Contractor may require as a condition for partial
payment that the Subcontractor submit lien waivers through
the date and for the amount covered by the invoice and will
require as a condition of final payment complete lien and
claim waivers from the Subcontractor, his materialmen, laborers
and sub subcontractors.
(d) All covenants and obligations of Contractor herein are
performable in Harris County, Texas and specifically all sums
of money payable to Subcontractor are payable in Harris County,
Texas.
(e) Progress payments or final payment may be withheld by
Contractor on account of defective work not remedied, claims
filed, reasonable evidence indicating the probability of the
filing of claims or reasonable doubt that the Subcontract
can be completed for the balance of the Subcontract amounts
then unpaid. Contractor may offset against any sums due Subcontractor
hereunder the amount of any liquidated or unliquidated obligations
of Subcontractor to Contractor, whether or not arising out
of this Subcontract. |
| |
|
| |
6.
INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY LAW, SUBCONTRACTOR
SHALL FULLY PROTECT, INDEMNIFY, AND SAVE AND HOLD HARMLESS
THE OWNER AND CONTRACTOR FROM AND AGAINST ANY AND ALL CLAIMS,
DEMANDS, DAMAGES, LIENS, LIABILITIES, ATTORNEYS' FEES, LOSSES
AND EXPENSES, AND/OR CAUSES OF ACTION OF ANY AND EVERY NATURE
WHATSOEVER ARISING IN ANY MANNER, DIRECTLY OR INDIRECTLY,
OUT OF OR IN CONNECTION WITH, OR IN THE COURSE OF OR INCIDENTAL
TO ANY OF SUBCONTRACTOR'S WORK OR OPERATIONS HEREUNDER. SUBCONTRACTOR'S
OBLIGATIONS TO INDEMNIFY AND HOLD HARMLESS OWNER AND CONTRACTOR
AS STATED ABOVE SHALL APPLY IF AND TO THE EXTENT SUCH CLAIM,
CAUSE OF ACTION, DEMAND, DAMAGE, LIEN, LIABILITY, FEE, LOSS
OR EXPENSE IS CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENT
ACT OR OMISSION OR BREACH OF CONTRACT BY SUBCONTRACTOR OR
ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY SUBCONTRACTOR OR
ANYONE FOR WHOSE ACTS SUBCONTRACTOR IS OR MAY BE LIABLE OR
IS CAUSED BY OR ARISES OUT OF THE USE OF ANY PRODUCTS, MATERIAL
OR EQUIPMENT FURNISHED BY SUBCONTRACTOR. |
| |
|
| |
7.
INSURANCE
Prior to starting Work the Subcontractor shall
procure and maintain in force insurance in complete accordance
with GC-3.24, a copy of which is attached.. |
| |
|
| |
8.
BONDS (Required)
If required by the Contractor,
a Performance Bond and a Payment Bond in a form satisfactory
to the Contractor shall be furnished in the full amount
of this Agreement. These bonds will be furnished by an insurance
company on the list of Acceptable Sureties by the Department
of the Treasury within the limits stated thereon
|
| |
|
| |
9.
CHANGE ORDERS
(a) No alterations, additions or deletions shall be made in
the materials to be furnished or the work to be performed
under this Subcontract or the contract documents except pursuant
to a written change order signed by Contractor. The value
of the materials or alterations, additions or deletions by
written change order shall be determined by both the Contractor
and the Subcontractor and shall be added to or deducted from
the contract sum, as the case may be. No extra charge will
be processed unless accompanied by a signed change order.
(b) If Subcontractor receives a signed change order from the
Contractor, but disputes the validity or amount of the change
order, or if Contractor disputes Subcontractor's contention
that certain work warrants a change order, the Subcontractor
shall promptly follow the directions of the Contractor pending
resolution of the dispute. The Subcontractor shall not be
entitled to make a claim for extra work unless the Subcontractor
has given the Contractor written notice of the claim for extra
compensation prior to the time that the claimed extra work
begins. All claims for extra work done without the above-referenced
written notice are waived. |
| |
|
| |
10.
DAMAGE TO OTHER WORK
In carrying out his work, Subcontractor shall take necessary
precautions to protect the finished work of other trades from
damage caused by his operations and Subcontractor shall repair
and/or replace to Contractor's satisfaction and on Contractor's
demand all damage caused by his operation at no expense to
the Contractor. |
| |
|
| |
To
the top |
| |
|
| |
11.
CLEANUP
Subcontractor shall at all times and on a daily basis keep
the premises free from accumulations of waste material, debris,
or rubbish caused by his employees or work, and at the direction
of the Contractor, he shall remove all the waste material,
debris and rubbish from and about the project and all his
tools, equipment, waste and surplus materials and shall leave
his work clean. In case of dispute, the Contractor may remove
the rubbish and charge the cost to the Subcontractor. |
| |
|
| |
12.
SAFETY
Subcontractor shall take all reasonable safety precautions
with respect to his work, shall comply with all safety measures
initiated by the Contractor and with all applicable laws,
ordinances, rules, regulations and orders of any government
agency or political subdivision for the safety of any persons
or property. Subcontractor shall submit to Contractor, within
3 days copies of all accident reports arising out of any injuries
to his employees or those of any firm or individual to whom
he may have sublet work or any property damage arising or
alleged to have arisen on account of any work done by Subcontractor
under this Subcontract.
Subcontractor agrees that, prior to performing any work activities
pursuant to this Agreement, it will evaluate the safety of
the work in place and the working conditions in the area in
which its employees and subcontractors will work and will
notify Contractor in writing of any unsafe conditions or defective
work in place and will further prevent its personnel and subcontractors
from entering into any such area or performing any work in
or around any such defective work. Failure of Subcontractor
to notify Contractor of any unsafe condition or defective
work prior to beginning work shall conclusively establish
Subcontractor's acceptance of the work in place and safety
of the working conditions related to its work. |
| |
|
| |
13.
ASSIGNMENT
Subcontractor shall not assign this Subcontract or any amounts
due or to become due thereunder to any third party without
prior written consent of the Contractor, and shall not subcontract
the whole or any portion of this Subcontract without prior
written consent of the Contractor. |
| |
|
| |
14.
WARRANTY
Subcontractor warrants that all materials and equipment furnished
and incorporated by it in the job shall be new unless otherwise
specified and that all work under this Subcontract will be
performed in accordance with the contract documents and in
a good and workmanlike manner. All work performed and materials
furnished by Subcontractor must be satisfactory to the Contractor
and Owner and the warranties contained in this section shall
be in addition to and not a limitation of any other warranty
or remedies provided by law or contract documents. |
| |
|
| |
15.
BACKCHARGE
Should the Subcontractor fail at any time to supply a sufficient
number of properly skilled workmen and/or sufficient materials
and equipment of the proper quality, or fail in any respect
to prosecute the Subcontract work with promptness and diligence,
or fail to promptly correct defective work, or fail in the
performance of any of the agreements contained herein, the
Contractor may, in its sole discretion and without notice,
provide such labor, materials and equipment and deduct the
cost thereof, together with all loss or damage occasioned
thereby, from any money then due or thereafter to become due
to the Subcontractor under this Agreement. If no money or
insufficient money is due to Subcontractor at the time of
the operation of this paragraph, Subcontractor shall be directly
liable to Contractor for the loss and damages hereinabove
described. |
| |
|
| |
16.
TERMINATION
(a) If the Subcontractor at any time shall refuse or neglect
to supply sufficient properly skilled workmen, or materials
or equipment of the proper quality and quantity, or fail in
any respect to prosecute Subcontractor's Work with promptness
and diligence, or cause by any action or omission the stoppage
or interference with the work of the Contractor or other subcontractors,
or fail in performance of any of the covenants herein contained,
or fail to pay suppliers, the Contractor may, at its option
and discretion, terminate the Subcontractor's employment by
delivering written notice of termination to the Subcontractor.
Thereafter, the Contractor may take possession of the Project
and Work, materials, tools, appliances and equipment of the
Subcontractor at the building site, and through himself or
others provide labor, equipment and materials to prosecute
Subcontractor's Work on such terms and conditions as shall
be deemed necessary. The Contractor shall deduct the cost
thereof, including without restriction thereto all charges,
expenses, losses, costs, damages, and attorney's fees, incurred
as a result of the Subcontractor's failure to perform, from
any money then due or thereafter to become due to the Subcontractor
under this Agreement.
(b) The Contractor may, at any time and without default of
Subcontractor, terminate the whole or any part of this Agreement
for the convenience of the Contractor. Subcontractor agrees
that upon any such termination, the Subcontractor's sole remedy
shall be payment of full value for all work properly performed,
plus reasonable profit thereon, less all 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. |
| |
|
| |
17.
GOVERNING LAW
This Subcontract shall be governed by the Laws of the State
of Texas. |
| |
|
| |
18.
ATTORNEYS FEES
In the event Subcontractor defaults in the performance of
any of the terms, covenants, agreements or conditions of this
Subcontract, and Contractor seeks to enforce all or any part
of this Subcontract, Subcontractor agrees to pay Contractor's
reasonable attorney's fees, whether suit is actually filed
or not. |
| |
|
| |
19.
INTERPRETATION
Although the parties have utilized Contractor's form, they
agree and recognize that the language in said agreement is
not to be construed against or for either party hereto.
The parties hereto have caused these present to be signed
as of the day and year first written above. |
| |
|
| |
"CONTRACTOR":
CSA CONSTRUCTION, INC.
|
"SUBCONTRACTOR" |
| |
By:
__________________________
|
By:
_______________________________ |
| |
Print
Name: ____________________ |
Print
Name: ________________________ |
| |
Title:
_________________________ |
Title: _____________________________ |
| |
Date:
__________________________ |
Date:
___________________________ |
| |
Phone:
713-686-8868 |
Phone: ___________________________ |
| |
|
|
| |
To
the top |
|
|
|
