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HomeMy WebLinkAbout94-4396 BUILDING PERMIT CaTV OF ZEPHYRHILLS (813) 788.6611 Permit N~ 439611 BUILDING ELECTRICAL PLUMBING Date / 0 -I Y - 7" Y --.===-----.. GECHANlc~_.-S2wer Conn Water Conn: Pm,,,,v Owne~ ~-'ritJ1gt-4 Job Address:JRLt2 __~__ ~~ Parcell.D. # Zoning: . _Energy Code; ~ Rado~ DescriPtionOfWork':!:..-LA-e +u- ~ ~~ Water Meter; J)-F.'S; }1J j/1 NO OCCUPANCY BEFORE C.O. FINAL DATE Complete Plans, Specifications and Fee Must Accompany Application. All work shall be performed in accordar"ce with City Codes and Ordinances. c.o, DATE Inspector Permit Fee ;;?/O, trv Sighature~~ .'1[.p- ~,;- Company Address Tel~phone# (.., -Z 1- /3cs-7 Valuation or Contract Price &5-. bJ7TP - ~) ./ City License Registration # ;7 I / State Certified License# .- BUILDING ELECTRICAL PLUMBING Tp. Serv. Rough In Meter Can Const. Pole Pool Pre-Meter Final Ftr. Pre SLB Lintel FRM. Insul. CL WL SLB Tub Set Water Sewer Final Breakers Ducts Insl. Compressor Final Driveway REINSPECTION FEES: When extra inspection trips are necessary due to anyone of the following reasons, a charge of Fifteen and 00/100 Dollars ($15.001 shall be made for each trip for each trade: a. Wrong Address b. Condemned work resulting from faulty construction. c. Repairs or corrections not made when inspection called. d. Work not ready for inspection when called. e. Permit not posted on job site. f. Plans not at job site. g. Work not accessible. The payment of inspection fees shall be made before any further permits will be issued to the person owning same. t () U lj;8t? ifr. 0'( &ie~tB4BtlAh) ~. ?Jt?~() WE ARE SENDING YOU ~ttached 0 Under separate cover via 9'\ Shop drawings 0 Prints 0 Plans TO: COPIES ~ I I I I . RODAN FIRE SPRINKLERS, INC. 2501 N. 70th Street TAf\i1PA,.fLORmA 3361~ ~..... V:-.i!?1_1~5~ C-rAX- 13) 628-0143 BRANCH OFFICE 938 Clint Moore Road BOCA RATON, FLORIDA 33487 (407) 241-9411 FAX (407) 241-2972 ~~7ttJJ-r; /-::: D . 7 -~/-71.( [L~W~~ (Q)~ uD3~~~~~~TI&[L B JOB NO. t? .. 4 roo .- f~ G f f?IA7lq. [ the following items: o Specifications o Samples o Copy of letter o Change order o DATE NO. DESCRIPTION s. THESE ARE TRANSMITTED as checked below: REMARKS )i\ For approval o Foryouruse o As requested o Approved as submitted o Approved as noted o Returned for corrections o Resubmit __copies for approval o Submit __copies for distribution o Return__corrected prints o For review and comment 0 o FOR BIDS DUE o PRINTS RETURNED AFTER LOAN TO US 19 =fcifbt CAU/ w~t ~~~e:. COPY TO SIGNED If enclosures are not as noted, kindly notify us at once. APPLiCA"tIl;~ FOR l"ERHTT CITY OF ZE:PJErfllliILLS BmI.DIJiG DEPAR'tHEln' ~~N. CONl I?~De!. P'~IZM If1f 41 ~ B ' OWER'S NAME PIlONE OWNER · S LEGAL DESCRIPTION: LOT(S) BLOCK SUBDIVISION PARCEL 1. D" # WORK PROPOSED:_New Construction _Addition LAlteration _Repair _Install _Sign _Hove _De.-olish PROPOSED USE: Single Faaily L~rcial _KIF _, of Units _KID _Indust. _Ston.." Pool Other _Restaurant &: Health Deparblent Approval BUILDING SIZE: x Square Feet, Height RESIDENTIAL : cottKERCIAL : ATTACH (2) PLor PI..fUiIS &: (2) SEIS OF BlITLDING PI..fUiIS &: (I) SET ENERGY FORKS. u ATTACH (3) SEI'S OF BUILDING PLUS &: (1) SET ENERGY FORKS. ** u'COPY OF COltfi'RAcr REQrnt'RIlD" PERKITS REQUESTED _BUILDING $ ValolJ3tioc. of To1:a1 Construction _ELECTRICAL AKP Service Florida Power COrp. W.R.E.C. -"ECllARICAL s r2~5.- ;-zt-;;J I I/O Valuation of Mechanical Installation ., _PLUMBING GAS ___ROOFING SPECIALTY TYPE OF CONSTRUCTION: _Block _Fra!~ /Steel Other FINISHED FLOOR ELEVATIONS: FI' . IS PRO..JEcr IN FLOOD ZONE: AREA? YES NO ***************~*******~****************** WliTRACIOR SHCI'lON BUI.I.DER COIIPMIIY State Cert" or Regist" , City License Registration , ****~*~~**~***.*******~******************* Signature ELECTRICIAN C~ARY ::tat.e Cer!:. or Regis!:. , City License Registration 41 ****************************************** Sifmature PLUKBER COHPANY S~te Cert. or Regist. , ~-_.._.___.____. u'__ .:':it.y License Registration 41 *********~~***********~~*~*****~~~~~:::~~~ Signature KEC'BABICAL COIfPARY State Cert. or Regist. , City License Registration I ****************************************** Signature OTHER OOlIPMY--I(.oDAt-.! f1 ~ 0 ~k L--eR:S l N6. taLe Cer!:. or Regis!:. I Do."q~QQ.f1Qlli City License Registration I --.!/f-J ~~A lA,~ ************************************ . Signa t:ure APPLICATION APPROVED BY PERltI'I OFFICCR. fw~t7A MtCD l{kV 0--4(i)/q4 ._---~ CONDITIONS OF PERMIT AFFIDAVIT A. NOTICE OF DEED RESTRICTIONS The undersigned understands that this perlitlay be subject to 'deed restrictions' which may be lore restrictive than City regulations, The undersigned assules responsibility for co.pliante with any applicable deed restrictions. B. UNLICENSED CONTRACTORS AND CONTRACTOR RESPONSI~~ITIE~ If the owner has hired a contractor or cqntractors to undertake work, they may be required to be licensed in accordance with state and local regulations, If the contractor is ~ot licensed as required by law, both the o~n2r and contractor lay be cited for a lisdeaeanor violation under state lall. If the OI4PH or intended contractor are uncertain as to what licensing requirelents lay apply for the intended worK, they are advised to contact the City of Zephyrhills Building Department, (B131 78B-bb II. Furtherlore, if the owner has hired a contractor or contractors, he is advised to have the contractor(s) sign portions of the 'Contractor Sections' of this application for which they will be responsible. If you, as the owner sign as the contractor, you are indicating that you, rather than the contractor, are responsible for the worK, If the contractor wishes you to sign as contractor that lay be an indication that he is not properly licensed and is not entitled to per.itting privileges in the City of Zephyrhills, C. TRANSPORTATION IMPACT FEES AND UTILITY CONNECTION FEE~ D. CONSTRUCTION LIEN LAW (CHAPTER 713, FLORIDA STATUTES, AS AMENDED) I certify that I, the applicant, have been provided with a copy of "Florida's Construction Lien Law - Ho.eowner's Protection Guide' prepared by the Florida Departlent of Agriculture and Consu.er Affairs. If the applicant is so.eone other than the "owner", I certify that I have obtained a copy of the above d~scribed doculent and prolise in good faith to deliver it te, the 'owner' prior to cOI.encelent. E. CONTRACTOR'S/OWNER'S AFFIDAVIl I certify that all the infor.ation in this application is accurate and that all worK will be done in cOlpliance with all applicable laws regulating construction, zoning, and land developlent. Application is hereby lade to obtain a perlit to do work and installation as indicated, I certify that no worK or installation has cOI.enced prior to issuance of. a perlit and that all work will be perforled to leet standards of all laws regulating construction, City codes, zoning regulations, and land develop.ent regulations in the jurisdiction. I also certify that I understand that the regulations of other governmental agencies .ay apply to the intended work, and that it is .y responsibility to identify what actions I .ust take to be in co.pliance, Such agencies include but are not limited to: f Depart.ent of Environlental ReQulation - Cypress Bayheads, Wetland Areas and Environmentally Sensitive Lands, Water/Wastewater T.ealllent t Southwest Florida Water ManaQelent District -- Wells, Cypre~; Bayheads, Wetland Areas, Altering Watercourses f Ar.y Corps of EnQineers - Seawalls, Docks, Navigable Waterways ' f Departlent of Health ~ Rehabilitative Services, Environ.ental Health Unit - Wells, Wastewater Treatlent, Septic Tanks f US Environ.ental Protection AQency - Asbestos abatement I also certify that, if fill laterial is to be used in Flood Zone "A' or "A,etc,", it is understood that a drainage plan addressing a 'colpensating volule' will be sub.itted which is prepared by a professional engineer registered in the State of Florida prior to per.it issuance. A perlit issued shall be construed to be a liCEnse to proceed with the worK and not as authority to violate, cancel alt~r, or set aside any provisions of the technical COdES, nor $hall issuance of a perlit prevent the Building Official frol thereafter requiring a correction of errors in plans, corstruction, or ~iolations of any code, Every perlie issued shall becole invalid unless the worK authorized by such per.it is co..enced within sii lonths of issuance, or if work authorized by the permit is suspended or abandoned for a period of six lonths after the ':;me the work is cOllenced. One 90 day extension of time, lay be allowed .for the perlit with fee charge of $15.00, The extension shall be requested in writing to the Building Official. An approved inspection must be logged during each six month period, or the project will be considered abandoned, WARNING TO OWNER: YOUR FAILURE TO RECORD A ~OTICE OF COMMENCEMENT HAY RESULT IN YOUR PAYING THICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, COMSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT, JOBS UNDER $2,500 IN VALUE DO NO" NEED TO RECORD AND POST A 'NOTICE OF COMMENCEMENT". bE'forp 1fI'" id not STATE OF FLORIDA 1/, /J, / / C'JUNTY OF !:i:1(/SJ}tJrov~~ ~n~ f~r:g,,~~g inst~ume t ,rs. ~C~'edged o.J~.; ..... ~ il 1 1:.7,: \...Iii:::::> e , J.! uy R n!11J jj ~, IAJOOr/cock. who is 'p~r:~,n'" 1 ] ',I IT,{;i"Il. ~o me or who has pre. Llced a i ntificatiorl ke who has \'Iho did/did not ( ~3tLln:?) .... ..' (N~~ee~~ll:"':f/~r~,':'stamPEd)- -- NOTARY PUBLIC. ~~ \<'1 Pu oFFIC-IA," NOTARY S~A," i > o"f>- .~~("-" ~NNY FI,"MON \ ~ ~ >~:,1?,\{{ ~ COMMISSION NUMBER, i z;, lj~,n~~"f.$ <{ CC362442 I ':V..... ~~p'H c? MY COMMISSion r r' ~OF 1'\.0 MAR~1)ct<t W L ~~ CAVJ4:5 Name Typed, Printed or Stamped) NOTARY PUBLIC ~y PlJ JEWEL C. CAVAS ~l:~ COMMISSION <<CC 348657 ~ c> EXPIRES FEB 3,1998 ~ ~ BONDED THRU ~()l: r,~ .,TI.ANTIC BONOING CO., INC. , . Job iI 9405 Subcontract 1# 9405-15-300 P~COst 15-300 Contact Ronald Benke Phone 813-621-1357 . SUBCONTRACT Fax 813-628-0143 This agreement made this day of , 19-.94 by and between RoDan Fire Snrinklers. Inc~ of 70th reet T FL 33619 , (hereinafter called "Subcontractor"), and Hinson BUilding Corp., of Macon Georgia (hereInafter called .Comractorj. . , WITNESSETH: For and in consideration of p"-I1t18ntlo Subpontracfor of !he emount hereinafter described and the mutual Pro- . mises contained herein, Subcontractor and Contractor hereby agree as follows: l(a). The Work. Subconlractor shaJJ provide end fumish an labor, materlals,looIs, supplies, equipment services lacilities Qncluding scaffolding end hoisting facilities uni... specjlJcaHy excluded herelnl, supervision, administration: etc. necessary for the proper and complete performance and acceptance of the foHowing: ' " BONO RECEIVED NOT REOUIRED l HINSON' 1 HINSON BtJILDING CORPORA nON , .' . "("';. f....;c;;, ..- ,... r .0\ r' .. ,-,O"i"'. .~.\ t ~ "V (hereinafter called the "Work", all as more part!cu,larly describe~ in Exhibit A attached hereto whi :j~ h~~bv,~or.\(.i:.. / porated by reference) for the K-Mart ClJ.m.c ConversJ.on ' ,', -l , Florida Medical Clinic '\/" ','.1 ..;.' (hereinafter called the "Project") located at 38109 Market. SQuare - Zephvrhills,FL 33540 for FMC Market Square, Inc. (hereinafter called "Owner") according to the plans and specifications (collectively, the "Specifications") prepared by Harvard Jo11v Clees Toone. Architects. P.A. (the "Architect" or the "Engineer", as applicable), and the terms and conditions of this Subcontract and the Prime Contract, This Subcontract includes, but is not limited to. (i) all amendments to this Subcontract entered pursuant to the proviSions hereof; Oil this Subcon- tract document itself (including all Exhibits hereto). (iii) all addenda, (iv) Change Orders issued pursuant hereto, (v) the Specifications, as well as (vi) any and all other documents listed or referred to in this Subcontract. This Subcon- tract, and all procedures and provisions hereof, shall govern all dealings and transactions between the parties arising in any way from the Project. including, but not limited to, any extra work by Subcontractor related to the Project. (See Section 5), 1(b), Prime Contract. Subcontractor hereby acknowledges that on. the 21st day of Febnlarv , 19 ~. Contractor and Owner entered into thai certaln general construction contract (the "Prime Contract') whereby the Contractor is required to furnish certain labor and materials and perform various construction activities in accor- dance with the Prime Contract. The Prime Contract is incorporated herein by reference and made an integral part of this Subcontract. The Prime Contract includes, but is not limited to, the agreement between Contractor and Owner (including all general and special terms and conditions), all addenda. mOdifications, revisions. drawings. Specifica. tions, details. as well as any and all other documents listed or referred to in the Prime Contract. Subcontractor is obligated and liable to Contractor to the full extent that Contractor is obligated and liable under the Prime Contract to Owner for the Work. The Prime Contract and this Subcontract shall be read and interpreted ,together, However, in case of any conflict or inconsistency between the Prime Contract and this Subcontract, this Subcontract shall govern the relationship belWee~ Contractor and Subcontractor, Subcontractor represents and acknowledges that all documents comprising the Prime Contract have been made available to Subcontractor for its inspection and review. and Sub" contractor has satisfied itself as to the contents thereof, Subcontractor further represents that it has previously notified Contractor in writing of any and all ambiguities, inconsistencies, and omissions within the Prime Contract documents themselves. and any and all inconsistencies between such documents and this Subcontract. Subcontractor shall not be entitled to any increase in the Subcontract Price, adjustment of the Schedule, or any other consideration as a result of any such ambiguity, inconsistency, or omission, unless Subcontractor has notified Contractor of the same in writing, prior to the date first appearing on this Subcontract. 1 (c). Site Conditions and Existing Work, Subcontractor represents that prior to execution of this Subcontract it has inspected the Project site and that there are no conditions that prevent or hinder the performance of the Work by Subcontractor, In addition, Subcontractor, before proceeding with any of the Work. shall accurately check and verify all existing work done by Contractor or others that may in any way be. related to tho Work (inClUding, but not limited to, field measuring all existing work) to determine whether any nonconformities or discrepanCies h said ex- iSling work will or may adversely affect the Work. Upon the faibre of Subcontractor to so check and verify all such exisling work, or upon the failure of Subcontractor to detect and disclose any discrepancies or nonconformities in said existing work, or upon the failure of Subcontractor to report the same to Contractor, in writing, before commenc. ing any part 01 the Work, Contractor shall be relieved of any and all responsibility for the same. and Subcontractor shall be liable lor all resulting damages, costs and expenses arising as a result of any discrepancies and nonconfor. mities which were or should have been diSCovered by Subcontractor, 1 (d). Submittals. The approval by Contractor, Owner, Archit.ect or Engineer of any submittals of Subcontractor (including, but without limitation, shop drawings) shall not relieve Subcontractor of liability for any deviations from the requirements of this Subcontract or the Prime Contract, unless any such deviation(s) is specified as such and the deviation is described in full by Subcontractor in such submittal and is expressly approved by the Contractor in writing', The stamping of any submittals "Approved" or the like shall not alone suffice to approve any deviation, 2(a) Price Contractor agrees to pay Subcontractor for the performance of the Work the sum of '!'wen ' - Fi v~ Trousan an n ***************************"'Dollar& ($ 25,000.00 ) (the "Subcontract price"), subject to increase or decrease only as expressly provided in this Subcontract. If the Prime " (1) C1~ - -= I . Contract calls for payment to Contractor in installments. the Subcontract price shall eJso be paYable in instaUmenls, as performance progresses, said progress payments to be based upon periodic estimates of the percentage of the Work performed prior to the date of the estimate, Estimates are to be prepared by Subcontractor, submitted to Con- tractor's Project Manager by the 25th day of each month, and may be approved or disapproved by Contractor, All estimates, whether periodic or final, must be approved by the Job Superintendent prior to submission to Contractor's Project Manager, Subcontractor's estimates, if approved by the Owner. shall be incorporated in Contractor's estimate to the Owner. All estimetes are subject to aud~. and II Contractor In its sole discretion has any doubt concaming the accuracy thereof, payment therefor may be withheld, Contractor's withholding of monies from Subcontractor shall be interestlree. Contractor shall make payment to Subcontractor on any progress payment not more than ten (10) days after receipt by Contractor of payment from Owner for thaI POrtion of the Work covered by the progress pay. ment. The acceptanca of any progress payment by SUbcontractor shaD oonstitule a reIaese of Contractor from any and all other liability, except retainage, due to any reason, arising or incurred during the payment period, . 2(b). Retainage and Withholding. Contractor shall retain ten percent ( 10 %) of each progress payment until final payment is due as provided herein. In addition to such retainage, Contractor may withhold part or all of any progress or final payment to the extent of any of the following: Q) Any failure by Subcontractor to prove through suitaole evidence that each of its subcontractors, Suppliers. and laborers has been paid in fun for all labor, services, materials, and supplies used in, or furnished for, performance of the Work through the date of the applicable estimate; Q~ Any reduction of payment by Owner to Contractor for reasons attributable to the Work; (ii~ Any work unacceptable to the Contractor, Owner, Architect, or Engineer; Qv) Any third party claims against Contrac- tor arising from the Work or evidence reasonably indicating the probable filing of such claims; (v) Any failure by Sub- contractor to make payments to its subcontractors/ suppUers, or laborers for the Work; (vO Any failure to carry qut the Work in accordance with the Subcontract; (viO There is substantial evidence reasonably establishing that the Work is not progressing in accordance with, or will not be completed within, the Schedule; or (viii) Failure by Subcontractor to furnish certificates of insurance in compliance with Section 11 (d)or bonds in compliance with Section 20. Without limitation of the foregoing, in no event shall Subcontractor be entitled to receive any form of payment unless and until Contractor has received payment therefor from Owner, I I I 2(c). Acceptance of the Work, Neither any certificate given nor any payment made under this Subcontract shall be considered acceptance of the Work, either in whole or in part, Subcontractor shall remain responsible and liable for its performance being in strict compliance with this Subcontract and the Prime Contract. 2(d). Final Billing and Final Payment, Final billing from Subcontractor, including billing for any Change Orders, must be submitted to Contractor no~ later than thirty (30) days after completion of the Work, Failure to submit said billing within such time shall be an absolute waiver of any right of Subcontractor to claim any further payment from Contractor. Final payment shall become payable ten (10) days after the OCCurrence of all of the following: Q) final completion of the Project; (ii) final written acceptance thereof by Owner: and QiO receipt of full payment therefor by Contractor. Acceptance of final payment by Subcontractor constitutes a General Release of Contractor, Owner, and Contractor's surety, 2(e). Payments by Subcontractor, Subcontractor shall pay all bills, invoices, charges and the like, for all labor. services, equipment, and materials acquired or used by Subcontractor for performance of the Work, at the time that payment thereon is due. Failure by Subcontractor to do so shall constitute a material breach of this Subcontract and an event of default. 3(a). Appeals. Contractor may, upon the written request of Subcontractor, appeal on behalf of Subcontractor from any ruling or decision by Owner, the Architect or the Engineer, or institute any action or prOCeeding to recover damages by reason of any affirmative claim by Subcontractor or by reason of any deduction or refusal to pay by Owner, for any reason, involving the Work or the performance of Subcontractor, In that event, Subcontractor shall pay all costs attributable thereto and shall render all assistance requested by Contractor, Subcontractor shall be bound by the determination of Owner, the Architect or Engineer or, in the event of an appeal or further action or proceeding, by the determination of the same, and shall be entitled only to its proportionate share of any actual net recovery, less overhead and profit to Contractor and less Contractor's expenses and attorney's fees in handling said matter, Subcontractor hereby waives and releases any and all claims, causes of action, and rights to further payment beyond the Subcontract price, except as Contractor may receive funds or extensions of time from the Owner relating to the Subcontractor's Work or performance, 3(b). No Delay Because of Claim. Subcontractor shall not delay or stop work because of the pendency or denial of any claim or because of the continuance of any conditions out of which such claim is alleged to have arisen, Rather, . Subcontractor shall proceed diligently in the performance of this Subcontract until this Subcontract has been fully I performed. . 3(c). Claims. Any claim of Subcontractor for additional compensation, time, or other consideration arising out of or relating to the Subcontract or the Work to be performed hereunder shall be waived unless such claim is set forth in detail in a written notice to Contractor, and delivered to Contractor as soon as reasonable in the circumstances, but in any event no later than ten (10) calendar days after the OCcurrence of any conditi9n out of which such claim allegedly arises.; 4 (a). Timely Progress of the Work, Subcontractor recognizes and assumes Contractor's obligation to Owner for timely progress upon, and completion of. the Work and each part thereof, and agrees that time is of the essence in the performance of the Work, At all times prior to and during performance of the Work, Subcontractor shall become and remain knowledgeable about the progress of the Project, and 3hail make any and all arrangements and ad. justments necessary to coordinate its Work with. and not impede, that of Contractor and others. Subcontractor agrees to perform the Work in accordance with Contractor's schedule for the Project (hereinafter "Schedule"). Subcontrac. tor acknowledges that he has satisfied himself as to the contents of the Schedule prior to execution of this Subcon. tract. Subcontractor recognizes and agrees that as the Project progresses, the Schedule, (including both duration and sequences of activities shown thereon), may be amended by Contractor to reflect instructions from the Owner, changes in the Project, changes in construction means or methods, and unanticipated OCcurrences affecting pro- gress of the Project. Subcontractor agrees to COmply with each and all such amendments to the Schedule, and to perform the Work in strict accordance with such amendments, At Contractor's request, and at the times specified in any such request, Subcontractor shall submit to Contractor detailed progress, procurement, performance. man" power, and completion schedules. satisfactory to Contractor. Subcontractor shall promptly increase its work force, work overtime, work, Saturdays, Sundays and holidays, all without additional compensation, if, in the opinion of Con" tractor I such measures are necessary to maintain proper progress of the Work in accordance with the Schedule. Except as expressly provided in Sections 4(b) and 5 below. Subcontractor waives and disclaims any remedy against (2) C16MiBC ., 1 , Contractor for any damages or costs arising from delays, accelerations, Interferences, Suspensions, or changes In the performance, duration or sequence of Subcontractor's Work, Without limitation of the foregoing, no premium time will be paid except pursuant to written authorization by Contractor specifying that premium time will be paid, and the amount that will be paid. 4(b), Delays of the Work, If Subcontractor is delayed in the commencement, performance, 6r completion of the Work by: Change Orders issued by Contractor in accordance with Section 5 below: extraordinary weather conditions that are uncharacteristic1for the locale of the Work and that could not have been anticipated; unusual and unanticipated delays in transportation; or unavoidable casualty loss to, or destruction of, the Work, then the Schedule described in 4(a) above may be adjusted by Contractor based on the reasonable amount of time lost as a result of such OCcur, rence. Otherwise, Subcontractor assumes all risks of strict compliance with the Schedule, The adjustment of the Schedule provided for herein shall be Subcontractor's sole remedy for any and all interferences, suspensions, and delays. No such adjustment in the Schedule shall be made unless written notice containing a request therefor is given to Contrac- tor within forty.eight (48) hours after commencement of the occurrence that causes such delay, regardless of whether or not Contractor has actual notice of the delay, and provided always that a similar extension of time has been alloted to Contractor by Owner, Contractor shall have no duty, obligation, or liability to Subcontractor as a resu~ of any delay, interference, suspension, or other event, except to seek an extension of time from the Owner as provided herein, 4(e), Liquidated Damages, Subcontractor represents that It has satisfied hself as to the extent and amount of any provision in the Prime Contract imposing liquidated damages upon Contractor, and acknowledges that In the event Subcontractor fails to comply with the Schedule, and liquidated damages are imposed by Owner on Contrac. tor, such liquidated damages will constitute one element of the damages that Contractor shall be entitled to recover from Subcontractor, 5(a). Changes in the Work, Contractor may at any time, without notice to any surety, direct changes, additions, and/or deletions in or to Subcontractor's Work, or direct extra work (all of the foregOing being referred to herein as "Change(s)"). The Subcontract Price and Schedule shall be adjusted on account of Changes only as provided In 5(b)"(d) below. Otherwise, Subcontractor shall receive no time extension or additional compensation on account of Changes. 5(b), Change Orders. No Change shall result in an adjustment in tha Subcontract Price or Schedule unless Etx. pressly directed by a Change Order made in striqt compliance with this Section'5(b), prior to Subcontractor's com- mencement of performance of the Change. A Change Order is: (0 a written order by Contractor, expressly designated as a Change Order, directing a Change in the Work, or (ii) an oral or written order (de~ned to include authorizations, directions, interpretations, or determinations) by Contractor directing a Change in the Work, if, and only if, SUbcon. tractor gives Contractor written notice within three (3) calendar days after first receiving such order, stating the date, circumstances, and source of the order, and expressly stating that Subcontractor regards such order as requIring a Change in the Work, Provided, however, that such notice by Subcontractor shall not result in a Change Order if the Contractor's order does not, in fact, require a Change in the Work. No other order by Contractor shall constitute a Change Order, and Subcontractor shall be entitled to no compensation or adjustment in the Schedule on account' of any other order, whether or not it results in a Change. 5(e). Adjustments in Subcontract Price,. Prior to the issuance of any Change Order, Contractor may require Sub. contractor to furnish promptly a detailed price breakdown showing the difference in value of the work, labor, services, materials added, omitted, or changed by a proposed Change Order. If no agreement as to a monetary allowance related to a Change Order is reached, Contractor may direct Subcontractor to perform the Change Order, and the Subcontract Prica shall ba adjusted in accordanca wkh lh. Prim. Contract provision r.garding subcontractor chatfgo orders, or, if no such provision is included in the Prime Contract, then as follows: The Subcontract Price shall be adjusted by the n.t Incr.... or decr.as. in Subcontractor's costs dlr.ctIy resuhlng Irom the Chang. Ord.r, plus Ih. followIng adjustm.nts for combln.d overhead .nd profit: (1) . 10 for work to be pfll10rmed by Subcontractor's own forces; (2) 5 for such portion(s) of t~e Change Order as is to be performed by subcontractors of Subcontractor; and (3) 5 for Change Orders requiring primarily an addition, deletion, or substitution of equipment or materials, and requiring SUbstantially no labor, As used herein, the term "costs" shall inclupe only the following: (i) cost of materials. inclUding sales tax and cost of delivery, but less any applicable trade discount: (ii) wages paid for labor (excluding supervisory and management personne~, and all taxes, assessments and insurance ,that Subcontractor is required by statute to pay based on such wages; (iii) rental cost for equipment and machinery. provided that such cost is specifically, directly, and solely attributable to the Change Order; and (iv) amounts payable by Subcontractor pursuant to subcontracts for work that is the subject of the Change Order. No . subcontract of Subcontractor for work required by a Change Order shall allow a sub-subcontractor combined overhead and profit in an amount greater than provided for in the Prime Contract, or, in absence of such provision, greater tnan Twenty percent (20%) for combined profit and'overhead above said sub.subcontractor's costs. No part of Sub" contractor's general or jOb.site overhead shall be included in the costs of a Change Order. Subcontractor shall main. tain, and shall require its sub-subcontractors to maintain. detailed and itemized accounting records for all aspects 01 the costs of any Change Order, along with all supporting records. data, and documentation, e.g., invoices, checks and payrolls. All such records, data, and documentation shall be subject to audit by Contractor and Owner, SUbcon" tractor shall be reimbursed for the costs of a Change Order only to the extent such costs are fully supported by said recotds, data and documentation. Notwithstanding any of the foregoing, Subcontractor shall in no event receive any compensation or allowance for any Change Order in an amount greater than that which Contractor actually receives from Owner as a result thereof, redUced by a reasonable amount for work performed by contractor, and Contractor's overhead and profit, unless such Change Order does not erfse tram an Older by Owner or Architect to Contractor, 5(d). Adjustments (n the Schedule. Any adjustment in the Schedule needed due to a Change Order shall be requested in a written notice by Subcontractor to Contractor within seven (7) calendar days after receipt of the Change Order, Such request shall state the specific number of days of the requested adjustment. Subcontractor agrees that its failure to give such notice within the time required hereunder shall relinquish and waive any right of Subcontractor to an adjustment in the Schedule on account of a Change Order, Regardless of the adjustment requested by Subcon. tractor the Schedule shall be adjusted only to the extent Subcontractor's Work Is necessarily and actually delayed by tho 'Chango Ordor, ond. .xc.pting only Chango Ord.rs not arising 1rom ord.... of Own.r or ArcMect to Contrac. tor, no adjustment in the Schedule shall be made unless a similar extension of time has been allotted by Owner to Contractor, Cl~8C .(3) .5(a). Waiver of Liens and Claims, As a condition to the obligation of Contractor to make any periodic or final I payment hereunder, Subcontractor shall furnish, and shall require each and all of its Subcontractors and materialmen to furnish, releases and waivers of all types of mechanics' and contractors' liens, and of all claims, whether statutory or otherwise, against any bond on which Contractor is an obligor. Each such waiver and release by Subcontractor shall extend to the full extent of all payments made by Contractor to Subcontractor, and the Final Release and Waiver of Lien shall waive and finally release all liens and claims of Subcontractor, All such releases and waivers of lien shall be in form and substance satisfactory to Contractor, Subcontractor shall, and hereby does, indemnify and hold Owner Contractor, and all sureties, harmless from any and all such liens and claims by others for payment arising out of labor and materials furnished hereunder by or through Subcontractor, 5(b). Final Release, Prior to final payment to Subcontractor, a Final Release and Waiver of Uens and Claims is to be furnished to Contractor, together with an Affidavit, all to be in form and substance satisfactory to Contractor, 5(c), Satisfaction of Past Due Obligations, Contractor reserves the right to satisfy any past-due obligations of Sub. contractor arising out of this Subcontract by issuing checks payable jointly to Subcontractor and any of its vendors or subcontractors, Contractor also reserves the right at any time during the progress of the Work to pay amounts due to Subcontractor by issuing checks payable jointly to Subcontractor and any of its vendors or subcontractors, Any such payment shall be deemed a payment to Subcontractor under this Subcontract, Subcontractor agrees that Contractor has no obligation to issue such jOint checks, and that Subcontractor's inability to obtain necessary materials and/or services without issuance of such joint checks by Contractor shall constitute an event of default, 7. Warranty of Work and Materials, Without in any way limiting any section or provision of this Subcontract, Sub- contractor hereby warrants and guarantees the Work to Contractor 'under the same terms and for at least the same periOd of time as Contractor has warranted its work to Owner under the Prime Contract, and Subcontractor hereby agrees to perform all warranty obligations and other responsibilities of Contractor insofar as they relate to the work, Subcontractor, in addition to all other guarantees and warranties contained in this Subcontract and the Prime Con. tract, and not in limitation of Contractor's other legal rights, warrants and guarantees that the Work will be performed in strict and absolute accordance with the terms of this Subcontract, in a gOod.and workmanlike manner, and in con. formity with the best practices of the construction industry. Subcontractor further warrants and guarantees that the Work and all materials furnished and used in the Work will be free of defects for the specified period of years after Final Acceptance of the 'Project by the Owner, Subcontractor shall, for a minimum of one year after the date of Final Acceptance, perform any maintenance or corrective work, without cost, as directed by Contractor or as set forth in the Specifications for the Project. All work and materials shall be subject to approval and acceptance by the Owner, If any of the Subcontractor's work or materials is determined to be defective or otherwise constitute a breach of any of Subcontractor's warranties, or be unacceptable for any other reason, Subcontractor,. at ~s own expense, shall promptly tear out, correct, or replace, as directed by Contractor, any such work or m~terials and shall repair or replaoeany other work, materials or proper. I ty damaged, destroyed or required to be redone as a result of the required correction or replacement. If Subcontrac. tor refuses or fails to promptly make the corrections, replacements or repairs contemplated herein, ~ is agreed that Contractor may have such work done at the expense of Subcontractor, Nothing in this Section 7 shall relieve Subcon. tractor in any way from its duties and obligations as set forth in this Subcontract and the Prime Contract, nor shall any provision herein be considered a waiver of any rights Contractor has or may have against Subcontractor for its failure to perform according to the terms of this Subcontract and the Prime contract, 8. Taxes, Subcontractor has included in the Subcontract price, accepts exclusive liabilfty for and agrees to,.ln. demnify and hold harmless the Contractor from any liability with respect to: (a) All taxes and/or contributions .imposed upon or measured by the earnings of Subcontractor's employees, or any employees of any subcontractor or supplier of Subcontractor, prusuant to any federal, state or local statutes, laws, rules or regulations, including but not limited to, any income tax and social security statutes and regulations and any unemployment compensation statutes or simialr statutes; (b) All applicable sales, use or excise taxes that may be assessed against materials, supplies, equipment or labor used or furnished in the performance of this Subcontract; (c) All gross receipts or similar taxes measured by the value of this Subcontract; and (d) All personal property or ad valorem taxes on the Subcontractor's tools, equipment or other property used in the performance of this Subcontract. 9. Compliance with Laws, Subcontractor agrees 0) to comply with all applicable federal, state and local statutes, laws, ordinances, rules and regulations, (i~ to procure at its expense all building or other permits or licenses required in connection with the Work and (iii) to indemnify and hold Contractor harmless from any losses, damages or ex. penses ari~ng out of Subcontractor's failure to comply with any of the provisions of this Section 9, 10(a), No discrimination. Without in any way limiting the generality of Section 9 above, Subcontractor agrees to comply with all local, state and federal laws, statutes, rules and regulations regarding discrimination in employment against any individual on the basis or race, color, religion,sex, national origin or age, In particular, Subcontractor agrees to comply with the provisions of Title VII of the Civil Rights Act of 1964, as amended, and all applicable ex. I ecutive orders, including, but not lim~ed to, Executive Order No, 11246, . 10(b). Non"Segregated Facilities. Subcontractor further agrees 0) to be bound by and to comply with Exhibit B ("Equal Opportunity Compliance") attached to this Subcontract, and (ii) to execute Exhibit C ("Certification of Non. segregated Facilities") attached hereto and return it to Contractor, No estimates will be processed under this Subcon" tract and no payments made until Exhibit C has been duly executed by Subcontractor. and received by Contractor, I 11 (a). Insurance. In addition to any insurance Subcontractor deems in its interest to purchase because of risks assumed under this Subcontract or otherwise, Subcontactorshall maintain in force at its own expense: 0) all insurance required by any applicable federal, state or local statutes, laws, rules or regulations; Oil all insurance required for subcontractors by the Prime Contract; and Oi~ the following forms of insurance coverage at least in the amounts specified. Subcontractor agrees to take all actions necessary to have Contractor designated an additional insured under all insurance pOlicies of Subcontractor acquired or maintained to fulfill the requirements for insurance imposed by Sec. tion 11 of this Subcontract. Subcontractor waives any and all rights of recovery against Contractor and Owner for any loss or damage covered by any insurance acquired or maintained by Subcontractor or for its benefit, including all rights that might otherwise accrue to any subrogee, (4) C tlllilMiBC J. Workmen's Compensation - Statutory (A) Employer's Liability - $100,000 (B) VCDluntary Compensation Endorsement (C) Broad Form All States Endorsement (D) United States Longshoremen and Harbor Workers Act Coverage (When Applicable) II, Comprehensive General Liability (A) Limits of Liability (1) Bodily Injury: (2) Property Damage: $500.000 Each Occurrence 5500.000 Aggregate 5100.000 Each Occurrence 5100.000 Aggregate (8) Policy shall include the following types of coverage: (1) Premises & Operations (2) Independent Contractors (3) Products & Completed Operations (4) Broad Form Extended Liability Endorsement (5) Explosion, Collapse and Underground (XC&U) . (6) Contractual Liability, (This insurance shall cover all contractual agreements, both oral and written, in. eluding, but not limited to. the hold harmless and indemnification agreements of Subcontractor set forth in this Subcontract in favor of Contractor), III..Automobile Liability - Comprehensive Form (A) Limits of Liability Combined Single Limit - $500,000 (B) Uninsured Motorist Combined Single Limit - $25.000 IV, Umbrella Limit of Liability - $1,000,000 Self. Insured Retention - $10,000 11 (b), Builder's Risk Insuranace, Contractor or Owner will provide Builder's Risk coverage, Such coverage shall be on what is commonly known as an "All Risks" basis, It shall be Subcontractor's responsibility to satisfy himself as to the terms, scope, exclusions. and deductibles of such insurance.. and Subcontractor shall be responsible for, and bear the risk of, any, and all non-coverage. exclusions, and deductlbles of such insurance, 11 (c). Damage to Subcontractor's Property, Subcontractor shall maintain. at ~s own expense, insurance coverage against the loss or destruction of any and all of the equipment. tools. and other property owned or used by it in con. nection with the Work. 11 (d), Certificate of Insurance, At least five (5) days prior to the commencement of the Work hereunder. SUbcon. tractor shall furnish to Contractor, in the manner provided in Section 25 for delivery of notices, five (5) copies of in. surance certificates specifically stating that all insurance required herein is in for:ce, All POlicies of insurance required ' herein shall contain an endorsement specifying 'that cancellation of or any material change in such pOlicies that will or may adversely aHect the interests of Contractor shall not be eHective for such period as may be prescribed by the laws of the state in which this Subcontract is to be performed, but in no event less than thrity (30) days after written notice of said change or cancellation has been received by Contractor, Subcontractor shall not ~gin any portion of,.he Work until all certificates of insurance have been provided to Contractor, 12, Subcontractor's Representative and Workers. Subcontractor shall have a competent representative at the Project at all times material to performance of the Subcontract. who shall have absolute authority to act. in all respec~. on behalf of and for Subcontractor, Subcontractor shall replace said representative. without additional charge. If so demanded by Contractor. Further. upon objection by contractor on any reasonable ground, Subcontractor shall remove and replace any worker. foreman. or supervisor within 24 hours after receipt of Contractor's written objection, Nothing contained in this Section 1 2 or elsewhere in this Subcontract shall be deemed to cause Subcontractor (or any of its employees or agents) to become an employee or agent of Contractor, it being understood and agreed that Subcontractor is in all respects an independent contractor, 13. Maintenance of Site. Subcontractor shall at all times during the performance of this Subcontract be responsi. ble for maintaining the site of the Work in a clean and orderly condition, Subcontractor shall comply with each and all of the Project Rules and Special Conditions set forth in Exhibit "0" hereto, Should the Subcontractor fail to comply with this Section 13, Contractor may, but shall not be obligated to, perform such cleanup and take such other correc. tive action as it deems necessary, and Subcontractor shall be liable to Contractor for any expenses incurred in con. nection therewith. ., 14. Financial Records. Upon Contractor's request. Subcontractor shall provide to Contractor all records. documents, and info,mation substantiating that Subcontractor's requests for payment are proper in all respects and are in accor. dance with the terms of the Subcontract. In addition, if Contractor has expressly waivej in writing the bonding reo quirements in Section 20, or Subcontractor is in default for failing to comply with such requirements, then Contractor shall be given access to and copies of any document, record, or information concerning Subcontractor's financlaf condition inClUdIng, but not limited to, books of account, financiai statements. records maintained by banks and other financial institutions, and information within the knowledge of any subcontractor. vendor. creditor. bank or credit Infor. mation agency. 15, Patent Infringement. Subcontractor agrees to protect" indemnify and hold harmless Contractor and Owner against any and all liabilities, claims, royalties, suits, damages. costs or expenses, inclUding, but not limited to, all court costs and attorneys' fees, arising out of any alleged unauthorized use of patented processes, products, materials or appliances used in the performance of this Subcontract, 15(a). Indemnity. Subcontractor shall indemnify and hold harmless the Contractor and ~s respective directors. offiCers, agenlS, employees and assigns and each of them (collectively, the "lndemnltlees" from and against 8I118b11t1.., clai. ns. damages. losses and expenses, including, but not limited to, all court costs and attorneys' fees. arising out of or in any way resulting from the performance of the Work, PROVIDED THAT ANY SUCH LIABILITY, CLAIM. DAMAGE LOSS OR EXPENSE IS ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT OR WILLFUL 'ACT OR OMISSION OF SUB.CONTRACTOR, ANY SUBCONTRACTOR OF THE SUBCONTRACTOR. (5) C'llGO/H8C ANYONE DJRECTL Y OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT SAID lIABILllY, CLAIM, DAMAGE, LOSS OR EX. PENSE IS ALLEGED TO BE ATTRIBUTABLE IN WHOLE OR IN PART TO, OR ALLEGED TO ARISE OUT OF, THE ACTIVE, PASSIVE OR CONCURRENT NEGLIGENCE OR BREACH OF ANY STATUTORY OR LEGAL DUTY, WHETHER NON.DELEGABLE OR OTHERWISE, OF OR BY ANY INDEMNITEE, Such obligation shall not be con. strued to negate, abridge or otherwise limit any other right or obligation of indemnity that otherwise exists in favor of any Indemnitee. in the event and to the extent that a claim is made by an employee of Subcontractor against an Indemnitee, the intent of the parties is that Subcontractor will indemnify each such Indemnitee to the same extent as if such claim were made by a nonemployee of Subcontractor, irrespective of any statute Or jUdicial decision other- wise disallowing such indemnity. Accordingly, in addkion 10 the above Provisions and in order to render the parties' intent and this indemnity agreement fully enforceable, Subcontractor, in a claim hereunder by Contractor or any of its officers, agents, directors, employees or assigns, hereby waives any and all defenses or immunity Subcontractor may have under the Workmen's Compensation laws of any state, or any statute or jUdicial decision pertaining thereto, and Subcontractor consents to a cause of action for indemnity hereunder, 16(b). Damage to Work. Subcontractor shall effectively secure and protect its materials and the work and any work of Contractor or others in the vicinity of the Work and shall bear and be liable for all loss or damage of any kind with respect to any of the foregoing that results in whole or in Part, or directly or indirectly, from any act or omission of Subcontractor, its subcontractors, agents or employees during the performance of the Work, , 16(c). Damage Caused by Third Person, It is hereby agreed that Contractor shall not be responsible for damage to or destruction of any of Subcontractor's equipment or materials as a result, whether direct or indirect, of the act, or failure to act, of another of Contractor's subcontractors or of any third person and that in the event of such an occurrence, Subcontractor's exclusive remedy shall be against the subcontractor or third person responsible, 17. S/o-.ydown or Work Stoppage. Subcontractor warrants that it will employ workers and means in such a man- ner that the Work "'till be prosecuted efficiently and in a timely manner and tpat it will not interfere with the work of Contractor or other subcontractors at the Project site, In the event of a slowdown, work stoppage or strike by Subcon. tractor's employees or any employees of its subcontractors, Subcontractor shall take all reasonable action to pro- secute the Work without any delays, and any time lost as a result of such slOwdowns, work stoppages or strikes shall not be considered an excusable delay under this Subcontract and shall not be grounds for an extension of time hereunder. 18(a). Default. If (1) Subcontractor should at any time fail to perform in strict accordance wnh this subcontract, or (2) a court having jurisdiction over SubconJractor should. enter a decree or order for relief in respect of Subcon- tractor in an involuntary case under any appli~ble bankruptcy, insolvency or similar law now or hereafter in effect, or appoint a receiver, liquidator, assignee, custodian, trustee or sequestrator (or similar official) of SUbcontractor,or order the winding up or liquidation of Subcontractor's affairs, and such decree or order shall continue unstayed and in effect for a periOd of sixty (60) consecutive days, or if Subcontractor should. commence a voluntary case under any applicable bankruptcy, inSOlvency or other similar law now or hereafter in effect. consent to the entry of an order for relief in an involuntary case under any such law, or consent to the appointment of a receiver,liquidator, assignee, custodian, trustee or sequestrator (or other similar official) of Subcontractor, make any general assignment for the benefit of creditors, fail generally to pay its debts as they become due or take any corporate or other action in fur- therance of any of the 'foregoing, or (3) Subcontractor becomes involved in any labor difficu~ies that in the oplnion of Contractor may impede or slow the Work, or (4) Subcontractor otherwise breaches or fails to perform any provi. sions or requirements of this Subcontract (the occurrences described in (1) through (4) next above being hereinafter referred to as an "Event of Default" or collectively, "Events of Default"), Contractor may, without notice (or if notice is required by law, then after twenty.four (24) hours' written notice sent to,Subcontractor at the address set forth hereinbelow) proceed to do anyone or more of the following:, (a) without affecting the other provisions of this Subcon- tract and without notice to any sureties, Contractor may, but shall not be obligated to, take such actions as it deems' necessary to cure the Event of Default, in which case Subcontractor shall be liable to Contractor for the costs thereof, and any such costs may be deducted from any amount then or thereafter owing to Subcontractor: (b) terminate the Subcontract for default: or (c) seek specific performance of Subcontractor's obligations hereunder, it being agreed by Subcontractor that specific performance may be necessary to avoid irreparable harm to Contraqtor and/or Owner, I' 18(b). Contractor's Options, In the event of termination for default. Contractor may, at its option, do one or more or all of the following: (1) enter on the jobsite and take possession, for the purpose of completing the Work, of all supplies, tools, materials, work.in"progress, finish~d work and such other items as have ~en purchased, fabrica,~~d. constructed, acquired or used by Subcontractor In performance of, or for the performing of, the Work, (2) reqUIre Subcontractor to assign to Contractor (and Subcontractor hereby agrees to so assign) any or all of Subcontractor's subcontracts or purchase orders involving the Work, or (3) either itseU or through others complete the Work by whatever method Contractor may deem expedient. Subcontractor shall not be entitled to receive any further payment until the Work shall be fully completed, accepted by the Owner, and Contractor has been paid therefor by the Owner, At such time, if the amount of any damages and expenses suffered or incurred by Contractor as a result of the termina- tion or default shall exceed the unpaid balance of the Subcontract price, then Subcontractor shall pay Contractor the amount of the difference, 18(c), Liability for Contractor's Damages, No action by Contractor shall relieve Subcontractor from liability for any damages, including, but not limited to, damages for delay, sustained by Contractor as a result of any Events of Default. Upon the occurrence of an Event of Default Mreunder, Contractor rnay employ attorney(s) to enforce any provision of this Subcontract, to collect damages for such Event of Default and to recover on any bond herein mentioned, and Subcontractor and its surety agree to pay Contractor such reasonable attorneys' fees and expenses as Oontracto( may incur with respect thereto, 18(d). Expenses and Attorney's Fees, Subcontractor shall be responsible and liable for all costs, disbursements, and expenses, including attorney's fee, incurred by Contractor (a) as a result of Contractor's pursuing any extra, change, addition, claim, or dispute against any other party on behalf of Subcontractor: or (b) as a result of Subcon. tractor's breach or threatened breach of any term or condition of this Subcontract. 18(e). Remedies Cumulative, The rights aryd remedies granted to Contractor pursuant to this Section 18 and the o~her provisions of this Subcontract shall be cumulative and are not intended to be in lieu of any legal right or remedy afforded by state or federal law that Contractor may have against Subcontractor for breach of this Subcontract or default hereunder, With respect to the rights, remedies and obligations set forth in this Section 18, Subcontractor (6) C18GOMBC I, and ilS surety waive ell righls of exemption. The failure of Contrector to oxerolae III1y remedies ~ may have PWS;""t to this Subconuact or otherwise shall have no effect on Its rights or remedies with reepect to III1y Event of Deleu. or on the future exercise of any of Contractor's rights and remedies, ' . . 19. SalelY. Conuactor's "Accident Prevention Plan". a copy of which is al1ached hereto. shaD be used by Sub- conlraClor as a guide to safety standards In performing tha Work. In addition, Subcontraotor agrees to ablda by III1y and all applicable federal, state and local safety statutes, laws, rules and regulallons. ff Con~ Is fined, assessad for or required 10 make expenditures to correct unsafe conditions resulting from tha ""'" or omissions of Subcontrac- lor. its employees, agents or subcontractors, Subcontractor shall ralmbutsa and Indamniry Conuector lor III1y OUCh lines. assessments or expendilures and for ell olher losses, expanses or damages rasulling tharefrom, ragardlass 01 whelher the existence of such condition is attributable in whole or in P8rt to the fau. or nagOgenee of ContracIor, Provided, however, that notwithstanding anything elsa COntained in this Section 19 or elsawhere in this Subcontract Subcontraclor shall haw complete and total rasponsibitily for the sa/a conduct and P8rformanoe of the Work and the salely of its employees, the employaas of any of hs subconlractors and III1y other P8/SCns Who may be In or around the Work, , 20. Bonds. Unless expressly provided otherwise In exhibit A. Subcontrector shaJi obtain bonds peyabla to Con. IractOt, in I.rm and content salisfactory to Contractor, and With surety salisfaotory to Con~,ll8ch in the full emounl 01 the Subcontract Price Cas adjusted by Change Orders), for the faithful Perfonnanca of this Subcontract, Including Changes or modilications therelc made with or without tha oonsent of t~e surely, and fill the payment of ell labor, services, malerials and supplies usad or lurnished with respect to tha Work. "The cost of such bond. shaD be paid by Subcontractor. including any additional premlum. resulllng from inoreasas in the Subcontract Price by Change Order. Such bonds shall be furnished within Aliaen (15) days of the data first apP88rfng on this Subcontract unrass Contractor expressly exlends such time In writing. " Subcontraotor falls to provide SUch bonds as and when required, Conlractor may terminale this Subcontract for default, without lIabWIy to Contractor, and Subcontractor shaI forfeit any work done or materials furnished pursUant to this Subcontract and be Oabla lor all damages providad by ap. plicable law, . 21 (a). Assignment or SubcontraCUng. Subcontraotor shall nor subcontract, assign, sublet or lransfar this SUbcon. tract, or any Part hereol, except 10 persons, firms or corporations accePtable to Contractor and with the prior wrlUan Consent of Conlractor. No such consent 01 Contractor shall relaasa Subcontractor from III1y of hs obligations hareunder, and Subcontractor shall remain primarily liable to Contractor as if no such subcontract, assignment, subletting or transfer had been made. Any such subcontract, assignment, subletling or transter shaD be aPPfOVed bY Subcontractor's sur.. ty and shall be subject to each and aD of the Provisions of this SUbcontract COnlrector raserves tha rlghl to reject or remove any subcontractor who has not previously been so approved, A breach 01 any of the provisions of this SecUon 21 shall be deemed a malerial breach of this Subcontract. Provided, howavar,lhat nothing contained In this Seclion 21 or eisewhere in this Subcontract shaD create any contractual relationship batwaan the Contractor and any subcontractors of Subcontractor, 21 (b). Terms 01 Subcontracts. Subcontraotor shall incorporate into any subconllacts or PUrchase orders with others all provisions required by law 10 be incorporated therein, and aD provision. 01 this Subconlracl. Provided, tu>waver. this Subcontract shall neither create a contrectual ralationship betwaan Co~ and III1y of Subcontractor'. sub- contractors or suppliers, nor between Subcontractor and Owner. , 22, Termination, Without limitation of Section 18, or any other prOvision of this Subcontract, In the event that Con- tractor terminates its contract with Owner for any reason, including, but not limited to, fallure by Owner to furnish salislaclory evidence that k has made adequate financial arrangements, Contractor may tarmlnate this Subcontract, and shall not be liable to Subcontractor for breach hereof. Provided, however, that subject to 3(a) Appeals, Subcon- tractor shall be reimbursed for the actual value of all work and materials furnished prior to the date of such temlnation. 23(a), Governing Law. The terms and conditions of this Subcontract shall be construed and Interpreted under, and all respective rights and duties oflhe panles shall be governed by, the laws 01 the State of Georgia, exCOplIo the extant specilfed otherwise herein, 23(b). Uliga';,n. Any litigation conceming any of the leon. or condlllnns of this Subconlrect shall be brought In the Unlled Slates District Coun for the Middle District of Georgie or, II subJect.matler Jurisdiction Is lacking, In the Circuit Coun of Bibb County, Georgia, which courts shall be lhe e_ive venue for and hlMt exduslve JUrisdlctlon over any such litigation, Subcontractor and Contractor ,hereby expressly consent to the jurisdiction and venue of said couns, I , 24. Amendment or Modification, This Sub'contract and the provisions hereof may not be amended, or modified except by a statement in writing. signed by Contractor and Subcontractor, Provided,.however, that this Section 24 shall not limit or affect in any way the right of Contractor to Issue Change Orders pursuant to this Subcontract, Neither any failure nor any delay on the part of Contractor in exercising any right, power or privilege under this Subcontract ,shall operate as a waiver thereof. 25, Notices. All notices to be given by either party to this Subcontract must be in writing. A copy of any notice required to be given to Contractor must be given to Contractor's Project Manager at the following address: _ 9500 Ko er Boulevard Suite 217 St. Petersburq, Florida 33702 Oelivery to Contractor's Project Manager at such address may be matte by personal delivary or mal (first class, POSlage pre. paid Uniled States mail). Any notice to be given to Subcontractor may be given either by personal delivery to Subcontractor or by mail (first class, postage pre.paid, United States mal~ to the following acidress: 2 1 N 70th Street , . Unless and unm all of the applicabla requirements abova hava been met, no nolice shaD be deemed to have been glvan. 26. Entire Contract. This Subcontract contains the entire agreement between the parties and supersedes all other representations, proposals. understandings, correspondence and agreements, there being no representations, agreements or. understandings oth~r than those stated he.r~in, No c~urse of dealing, or custom ~r usage of any trade that varies from or is inconsistent With the terms and conditions of thIS Subcontract shall be binding or have any affect on thE! panies hereto. The terms and conditions of this SUbcontr~ctshall be binding on the parties hereto and their respective heirs. executors. administrators, successors and assigns, , 01880M8C (7) . IN WITNESS WHEREOF. Contractor and ~ubcontractor have each caused this Subcontract to be executed by I their respective oHicers duly authorized thereto, and each has caused Its seal to be attested to by Its officer authorized therefor, all as of the date first above written. ATTEST: RODAN FIRE SPRINKLERS. INC_ I II Byd~~_\ .:;(~i/-V , . By @2~A ~~b(Seag ~~T' r HINS NUlL ING CORP. ~ ~~ ATTEST:~ (/) ~ By ~ ~ /L. 1-'#t!. . -'.... STATE OF COUNTY OF I: I.- . Notary Public In and for said CClUlJlv and S1a1a. haraby certify t to., , whose name as tr..R_~::; of the '- '. ' a corporation, is signed to the foregoing Subcontract and who is known to me, acknowledged be ore me on thiS day that, (1) he has read and understands the forgoing Sub- contract. including particularly I but without limitation, Section 16 by which the Subcontractor indemnifies the COntrac- tor against negligence by the Contractor: (2) with full authority, he has voluntarily and freely consented to the terms of the Subcontract for and as the act of sal~JPOration, -r; ,k. ~// Given under my hand and seal, this ~ day of ~ I 19z,l.-. ACKNOWLEDGEMENT .::/f-.V PlI.s>, ,JEWEL C. CAVAS ;.:,' A 'n COMMISSION # CC 348f>57 '~:~!5' EXPIRES FEB 3,1998 . 1~,('. ~ 80NiJED HiilU {)f fl: ATLANTIC BONDING CO., INC. Please Return: 1-. Both copies lof this Subcontract duly executed by Subcontractor for execution and return by the Contractor, 2. Executed Certification of Non-segregated Facilities, 3, Executed Certificates of Insurance Compliance. 4. Executed Performance and Payment Bonds, 5, Executed Acceptance of Project Rules and Special Conditions, 6. Executed. SUbcontractor/Materialmen Warranty/Guarantee " , r, II , . (8) C 1118CIMBC