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Sub Contractor Agreement

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Sub Contractor Agreement Powered By Docstoc
					                          Rice Construction Company
                          P.O. Box 445  Johnson City TX 78636-0445
                          (830) 868-4108 Fax (830) 868-4208


                                         Work Service Agreement
Agreement between Sub-Contractor and Rice Construction Company as Contractor:

Sub-Contractor:
NAME
ADDRESS
CITY STATE ZIP
Phone: PHONE Fax: FAX

Scope of Work:
SCOPE OF WORK

Change Orders:
Changes in scope of work may be given to sub-contractor at any time either by a written change order or verbally to be
followed up with a written change order within (2) working days. Any changes in scope of work are deemed to be part
of this contract. Any claim by sub-contractor for adjustment in time or money shall be presented to Rice Construction
Company in writing within (2) working days after change has been identified All Change order claims need to be
signed by Rice Construction Company and sub-contractor and approved by owner before work is done or claims for
time and/or compensation might be forfeited by sub-contractor.

The Document:
The following documents are considered part of our Work Service Agreement:
          Residential Design/Build Agreement and Specifications for OWNER NAME, PROJECT NAME,
PROJECT ADDRESS, LEGAL DESCRIPTION.
          Application for Payment forms AP1 and APF

Contract Amount:
RICE CONSTRUCTION COMPANY shall pay SUB-CONTRACTOR compensation set forth below or in the
documents marked below and attached, all which would be considered part of this contract.
          Copy of Sub-Contractor’s Quote

Completion:
Sub-contractor will appear for work as scheduled ( DATE ). Work will completed within the time allocated by
contract. Sub-contractor is required appear for work every day except holidays and weekends after the
commencement of work. Any day that sub-contractor desires to be excused from work on this project site after the
commencement of work, notice must be given to Rice Construction Company. Expenses to the project as a result of
delays in the completion work could be charged to sub-contractor. Sub-contractor will return all calls from Rice
Construction Company within the same business day or no later than 9am the following business day.

Sub-Contractor will be charged $25 for missed appointments, and $25 for each scheduled work-day that is missed.
Sub-Contractor will contact Contractor and give notice that a work day will be missed no later than 9am of that same
day.

 Payment:
          Payment per Sub-Contractor Proposal
          Monthly Progress Payments: On or before the 25th day of each month of each month (the submission
dates), Sub-contractor shall submit to Contractor an application for payment substantially in the form of the Rice
Construction Company form ‘Application for Payment’ attached hereto, each such application for payment to include
only work completed and materials and equipment suitably stored on Site and accepted by the Contractor and included
in the documents and subsequent change orders of this agreement. Applications for payment received after the
submission date will be held by Contractor until the next regular submission date. Provided that all conditions have
been met (including but not limited to the timely submission of proper applications for payment) and provided further



Work Service Agreement                           Page 1                                        7/10/2010
that Sub-contractor shall not then be in default, Contractor shall pay Sub-contractor on or before the 10th day of the
following month for work included in its application for payment. No interest shall be paid on any sums withheld by
the Contractor or any sums due Sub-contractor.
           Bi-Weekly Progress Payments: On or before the Wednesday preceding the 1st and the 15th day of the
month, (the submission dates), Sub-contractor shall submit to Contractor an application for payment substantially in
the form of the Rice Construction Company form ‘Application for Payment’ attached hereto, each such application for
payment to include only work completed and materials and equipment suitably stored on Site and accepted by the
Contractor and included in the documents and subsequent change orders of this agreement. Applications for payment
received after the submission date will be held by Contractor until the next regular submission date. Provided that all
conditions have been met (including but not limited to the timely submission of proper applications for payment) and
provided further that Sub-contractor shall not then be in default of the terms and conditions set forth in this Work
Service Agreement and attachments and amendments hereto, Contractor shall pay Sub-contractor on or before the next
submission date for work included in its application for payment. No interest shall be paid on any sums withheld by
the Contractor or any sums due Sub-contractor at any time for any reason.
           Use of Funds: Sub-contractor agrees that any and all payments received by it for the performance of this
subcontract are held in trust in the possession of the Sub-contractor, and shall be used only to pay for labor, material,
insurance, equipment rental and other direct expenses related to the work covered by this Work Service Agreement,
prior to being used for any other purpose.
           Place of Payment: Place of payment hereunder to Sub-contractor shall be paid at Contractor’s Johnson
City address: Rice Construction Company, 110 East Main Street, Johnson City TX 78636-0445

Application for Payment:
The following forms must be received on or before the payment submission dates of each payment request to
guarantee timely payment of invoices:
     Rice Construction Company Sub-contractor Application for Payment form AP1or APF
     Rice Construction Company Contractor Disbursement Disclosure form CDD1

Additional Agreement:
Sub-contractor, by executing this agreement, agrees that all work performed for Rice Construction Company will
follow the company’s policies and practices including in the following statements which are posted on our company
website at www.riceconstructioncompany.com;

        Affirmative Action Policy Statement
        Sexual Harassment Policy Statement
        MBE / WBE Policy Statement

Indemnity:
Sub-contractor will indemnify and hold harmless the Contractor and Property Owner for damage or loss of property,
or personal injury, suits, actions, liabilities, damages, injury of sub-contractor’s employees, patrons, guests or invitees,
or any other loss caused, negligently or otherwise, by sub-contractor or sub-contractor’s employees, patrons, guests, or
invitees.

Sub-Contractor is required to maintain insurance as detailed in the Specifications document for the duration of the date
this agreement is executed and continue until such date that all work as detailed and subsequently changed as provided
herein, has been completed.

Failure of the Sub-contractor to maintain required insurance and/or provide required proof of insurance as detailed
herein will result in Rice Construction Company withholding 15% of the contract amount from all payments for work
completed without required insurance of proof thereof.




Work Service Agreement                              Page 2                                          7/10/2010
Acknowledgement:
This Document and the attachments specifically referred to herein embody the entire contract covering the work to be
performed hereunder, and there are no agreements, understandings, conditions, warranties, or representation, oral or
written, express or implied, with reference to the subject matter hereof which are not merged herein. No modification
hereof shall be of any force or effect unless covered by an order alteration issued by RICE CONSTRUCTION
COMPANY and accepted by SUB-CONTRACTOR.


SUB-CONTRACTOR NAME                                  Rice Construction Company

By:__________________________                        By:____________________________

Title:_________________________                      Title:__________________________

Date:_________________________                       Date:__________________________




Work Service Agreement                           Page 3                                        7/10/2010
                          Rice Construction Company
                          P.O. Box 445  Johnson City TX 78636-0445
                          (830) 868-4108 Fax (830) 868-4208



                                       Application for Payment and
                          Conditional Waiver and Release Upon Progress Payment
Owner(s)/Project address:
___________________________________________________________________________________

Sub-Contractor: _______________________________________________________________________________

Application for Payment Number ___________________ For Period Ending _________________________

Original Sub-Contract                                                                             $ 0.00 100%

Change Orders #s                                                                $ 0.00

Amended Sub-Contract Amount                                                                       $ 0.00

Work Complete                                    $ 0.00

Less Retainage (10%)                             $ 0.00

Work Complete Less Retainage                     $ 0.00

Less Prior Payments
        Ck                     $ 0.00            $ 0.00

Amount Due this Request                          $ 0.00

Upon receipt of the Amount Due This Period for all labor, services, equipment or materials furnished to Project
Description/Address above the Undersigned does hereby waive and release any right to a mechanic’s lien, stop notice,
or any right against a labor and material bond on the job for work completed prior to the period ending date included
here.

SUB-CONTRACTOR NAME

By:__________________________

Title:_________________________

Date:_________________________

State of Texas            }                                   ______________________________
                          }                                   Notary Public in and for
County of Blanco          }                                   Blanco County, Texas




Work Service Agreement                           Page 4                                       7/10/2010
                           Rice Construction Company
                           P.O. Box 445  Johnson City TX 78636-0445
                           (830) 868-4108 Fax (830) 868-4208



                   Application for Final Payment and Unconditional Waiver and Release
Owner(s)/Project address:
___________________________________________________________________________________

Sub-Contractor: _______________________________________________________________________________

Application for Payment Number ___________________ For Period Ending _________________________

Original Sub-Contract                                                                                $ 0.00 100%

Change Orders #s                                                                   $ 0.00

Amended Sub-Contract Amount                                                                          $ 0.00

Work Complete                                     $ 0.00

Less Retainage (10%)                               $ 0.00

Work Complete Less Retainage                      $ 0.00

Less Prior Payments
        Ck                       $ 0.00            $ 0.00

Amount Due this Request                           $ 0.00

The Undersigned acknowledges payment of the Amount Due This Period for all labor, services, equipment or
materials furnished to Project Description/Address above and upon receipt of said payment does hereby waive and
release any right to a mechanic’s lien, stop notice, or any right against a labor and material bond on the job for work
completed.

SUB-CONTRACTOR NAME


By:__________________________

Title:_________________________

Date:_________________________

State of Texas             }                                    ______________________________
                           }                                    Notary Public in and for
County of Blanco           }                                    Blanco County, Texas




Work Service Agreement                             Page 5                                         7/10/2010
                            Rice Construction Company
                            P.O. Box 445  Johnson City TX 78636-0445
                            (830) 868-4108 Fax (830) 868-4208




               Sub-Contractor Disbursement Disclosure and Release of Lien
                              For Residential Construction
Owner (s): ___________________________________________________________________________________

Project description/address:

____________________________________________________________________________________________

Contractor: Rice Construction Company

Sub-Contractor: SUBCONTRACTOR NAME

Date of Payment Request: ___________________ Amount: $_________________

The following is the information required to be provided under the Texas Property Code in connection with this
payment request on the above-described project.

I.       BILLS PAID (Reimbursement to Sub-Contractor) the following is a list of bills or expenses for work
         performed on this project that have been paid and for which sub-contractor is requesting payment:

Name of Subcontractor               Description of                      Amount Paid
Or Supplier                                  Bill or Expense Paid

__________________________          _________________________________            $__________

__________________________          _________________________________            $__________

__________________________          _________________________________            $__________

__________________________          _________________________________            $__________

                  Total Paid To-Date for This Pay Application                    $__________

II.      BILLS TO BE PAID – the following is a list of bills or expenses relating to this project that will be paid from
the funds requested:

Name of Payee,                      Description of             Amount to be Paid
Subcontractor or Supplier           Bill or Expense Paid

__________________________          _________________________________            $__________

__________________________          _________________________________            $__________

__________________________          _________________________________            $__________

__________________________          _________________________________            $__________




Work Service Agreement                            Page 6                                        7/10/2010
                  Total Paid To-Date for This Pay Application                     $__________


III.     Sub-Contractor represents that the balance of the funds requested in the above described payment request not
itemized above will be paid to the following:

     A. Subcontractors and suppliers who have provided Sub-Contractor with a written lien release or waiver
covering the work for which payment is made; and

     B. Reimbursement to Sub-Contractor for expenses incurred, profit, or overhead with regard to this project.

Sub-Contractor warrants to Contractor that all materials delivered to the job site as of this payment application have
been paid for in full or will be paid for with the funds provided herein. Sub-Contractors warrants that work completed
and invoiced to-date plus materials delivered to the job site are equal to the sum of this pay request and all prior pay
requests on this project. Sub-Contractor does further warrant that, should any claim or lien be filed for material
supplied or labor performed by virtue of Sub-Contractor’s participation in the construction on this project, Sub-
Contractor will immediately furnish a bond pursuant to Article 5472b-1, Texas Revised Civil Statutes, for release of
such lien, and obtain settlement of any such liens and furnish Owner and Contractor written full release of such liens.
Should Sub-Contractor be unable to obtain such release, Sub-Contractor agrees to fully indemnify and hold harmless
the Contractor and Owner for any and all costs they may incur by reason of such liens.

I further certify that I have complied with Federal, State and Local tax laws, including social security laws,
unemployment compensation laws, and worker’s compensation laws in so far as applicable to the performance of this
contract.



Signed this _______ day of ______________, 2007



                                    Sub-Contractor: ____________________________________________



                                    By:________________________________

                                    Name: _____________________________

                                    Title: ______________________________




SUBSCRIBED AND SWORN BEFORE ME THIS ________ date of _______________, 2007.


                                                      ____________________________________________

                                                      Notary Public for Blanco County, Texas

                                                      My commission expires _______________________




Work Service Agreement                            Page 7                                         7/10/2010
Work Service Agreement   Page 8   7/10/2010

				
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