|
<br />~; ..
<br />
<br />:"\ !\III:\\I'\1 ll,~,)d \111.111'11\ Ill,) II, '1\" \II :;\ 11 \ , " )N \ 1\ \_ '" \1 \ ':11:1111',' :1, ""I '\:11 ,I" 1.1 \i\l' I \\\1"'1 :\1" 1\ " )N 11,\ ,\1' \l)11 ,llld tit ,I '1\;11" 1111<1 ,II '11111\:1\11\1\ \IIr11 II III
<br />
<br />;.\lw:IIIIII" 1'1(111\ Iu lJo <:1111 I"t! UII """IIUllioll"ly ;\1101 w,lllolll ,1r'I;lY :I1HIIII;l1 will iIlIHIt:I!:O 01 IIl1dol :IIIY ':11':11111'01'111"0'11:'"1':1' ;IllY dl':11I11 ':1111.11.11111,,111101.11:0 PI.
<br />delay to the progress of the work or any other: ,\,
<br />, / " /
<br />".' 30, SUB-CONTRACTOR shall as often as requested by the Owner or by CONTRACTOR, furnish a swom~tatement showing all parties who furnish labor
<br />and materials to SUB-CONTRACTOR with their names and addresses and the amount due or to become due each, likE' statements may be required from
<br />any sub-contractor of the SUB-CONTRACTOR. SUB-CONTRACTOR shall furnish to the CONTRACTOR wrillen evidence upon request of the payment of all
<br />bills and expenses incurred for labor, services, equipment and materials used by the SUB-CONTRACTOR, and written releases from all persons, firms or cor-
<br />porations that may have furnished to said SUB-CONI F~ACTOR any services, equipment, labor and materials, on or for the aforesaid building or construction
<br />project, including releases of lien and bond rights froln all persons. firms, and corporations that may have furnished to said SUB-CONTRACTOR any services,
<br />equipment, labor and materials, or may have in any way had any dealings and agreements in connection with the work of the SUB-CONTRACTOR under this
<br />sub-contract.
<br />
<br />31. SUB-CONTRACTOR shall turn said work over to CONTRACTOR in good condition and free and clear of all defects and of all claims, encumbrances or
<br />liens and shall protect, indemnify and save CONTRACTOR and owner harmless from all claims, encumbrances or liens growing out of the performance of
<br />this sub-contract agreement, and SUB-CONTRACTOR will, at its own costs and expense, including interest, attorneys' fees, paralegal and legal assistants'
<br />fees, court costs, appellate attorneys' fees and appellate court costs, defend all suits concerning such claims and upon demand pay any such claim or lien
<br />so established, The SUB-CONTRACTOR shall assume the defense of an indemnify and save harmless the CONTRACTOR, Owner or other sub-contractors,
<br />and their officers and employees, from all claims, liability, patent infringements, loss, damage, or injuries of any kind, nature and description, including interest,
<br />attorneys' fees, paralegal and legal assistants' costs and fees, court costs, appellate attorneys' fees and appellate court costs for the prosecution or defense,
<br />directly or indirectly, resulting from the performance or failure to perform the work by the SUB-CONTRACTOR or in any way arising out of this s~b-contract
<br />agreement, The obligations expressed in this paragraph shall also be the obligations of the SUB-CONTRACTOR'S surety under any bond(s) provided under
<br />paragraph two (2) hereunder, The extent of indemnification and amount of liability of SUB-CONTRACTOR and its surety under any of the indemni!ication a~d
<br />hold harmless provisions of this agreement is strictly lir;lited to a sum equal toten (10) times the total payment amount to SUB-CONTRACTOR as provided herem,
<br />
<br />32, All terms, conditions, stipulations, covenants, promises and agreements contained in this contract shall be considered severable in the event one or
<br />more of them shall be determined hereafter by a court of competent jurisdiction to be invalid, CONTRACTOR and SUB-CONTRACTOR intend that this con-
<br />tract, except for any portion thereof so declared invalid, shall be considered valid in the event it is otherwise sufficiently definite and certain,
<br />
<br />33, In the event any work described herein shall be commenced or in any part undertaken by SUB-CONTRACTOR without its having first executed this agreement,
<br />and said SUB-CONTRACTOR shall have received a copy of this sub-contract agreement, then SUB~@N:fRAGTOR and CONTRACTOR until the full,execu-
<br />tion hereof, shall.be deemed to have entered irtto an oral agreement,lullybinding upon said parties and containing the identical provisions as are contained herein,
<br />
<br />34, CONTRACTOR and SUB-CONTRACTOR, forti 'emselves, their heirs, successors, executors, administrators and assigns, do hereby agree to full perfor-
<br />mance oflhe covenants of this agreement and agree: llat the provisions oflhis agreement and all rights and remedies provided hel ein shall be construed under
<br />and governed by the laws of the State of Florida, In 1Il(~ event of suit by the CONTRACTOR or its surety against the SUB-CONTnACTOR or its surety or those
<br />with whom he deals on behalf of this agreement, or suit by the SUB-CONTRACTOR or its surety or those with whom he deals on behalf of this agreement,
<br />against the CONTRACTOR or its surety, then the venue of such suit shall be in Sarasota County, Florida and the SUB-CONTRACTOR hereby waives for itself,
<br />its surety or those with whom he deals on behalf of this agreement whatever rights it may have in the selection of venue, SUB-CONTRACTOR and its surety
<br />do hereby further agree that the provisions concerning venue as contained herein shall be specifically binding upon them, notwithstanding the existence of
<br />any contrary venue provision which may be contained in any surety bond delivered to the owner by CONTRACTOR andior its surety,
<br />
<br />35, Notwithstanding any provision herein to the contrary, the parties herein agree that the CONTRACTOR may withhold payment to the SUB-
<br />CONTRACTOR in the event that a bona fide dispute exists regarding the amount due SUB-CONTRACTOR, irrespective of whether the CONTRACTOR
<br />has received payment from the owner with regard to the services, labor and materials furnished by said SUB-CONTRACTOR, For purposes of this agree-
<br />ment, a bona fide dispute shall be deemed to exist upon the showing of one or more of the following conditions or events:
<br />
<br />A, A claim for defective work not remedied;
<br />B, A claim by a third party or reasonable evidence indicating probable filing of such claim;
<br />C, A claim that the SUB-CONTRACTOR has failed to make proper payments to suppliers or materialmen for labor, materials or equipment;
<br />D, A claim that the work cannot be completed for the unpaid balance of the subcontract sum;
<br />E, A claim that the work will not be completed by the SUB-CONTRACTOR within the contract time, or;
<br />F. Reasonable evidence of the SUB-CONTRACTOR'S persistent failure to carry out the work in accordance with the contract documents,
<br />
<br />In the event that a bona fide dispute exists, CONTRACTOR shall be entitled to withhold any payment, or any part of any payment in accordance with
<br />the terms of this provision, .
<br />
<br />36, SUB-CONTRACTOR shall be responsible for clean-up of its construction waste and debris and will place said debris in designated areas or CONTRAC-
<br />TOR'S container as required,
<br />
<br />37, There shall be a weekly project meeting on the job site, for the purpose of overall project coordination including distribution and discussion of project
<br />schedule, resolution of problems and clarification of documents, When requested, SUB-CONTRACTOR shall have in attendance a representative
<br />authorized to make decisions on behalf of the SUB-CONTRACTOR, Otherwise attendance is encouraged, as compliance with project schedule as well
<br />as the contract documents is the SUB-CONTRACTOR'S responsibility, Failure to attend shall not relieve the SUB.CONTRACTOR of responsibility for com-
<br />pliance with decisions and/or clarifications arising from such meeting, '
<br />
<br />38, Where applicable, SUB-CONTRACTOR shall inspect surfaces, areas, or structure(s) related to its work prior to performance of its scope of work, and
<br />notify CONTRACTOR immediately of any deficiencies that would adversely affect the quality of his finished product. SUB-CONTRACTOR accepts full
<br />responsibility for all surfaces, areas and structure(s) on which work has begun, Exceptions: Defects occurring after the SUB-CONTRACTOR'S initial
<br />inspections, unreasonably hidden defects or structural defects,
<br />
<br />39, SYS-CONTRACTOR shall submit shop drawings and/or submittals as required by the contract documents within 10 days of receipt of this agreement.
<br />
<br />'40, SUB-CONTRACTOR shall submit all close-out documents to include warranties, guarantees, maintenance and operating manuals, prior to completion
<br />of.'.50% of its work, Failure to comply could result in stoppage of progress payments otherwise due, Submission of As-Built documents shall accompany
<br />a~tJ be a prerequisite to payment of the SUB-CONTRACTOR'S billing which brings the level of work completed to 100%,
<br />
<br />. 4(1 It is mutually agreed that this contract is assignable to the benefit of the Owner, Lender or CONTRACTOR'S surety company in the event of
<br />c(eclaration of default of the CONTRACTOR by the Owner or his agents,
<br />I '"
<br />
<br />42: All construction I?ersonnel shall conform to all applicable industry safety standards imposed by the CONTRACTOR including the wearing of hard hats
<br />, : wnen requested, Failure to comply with CONTRACTOR'S directives regarding safety shall be cause for the CONTRACTOR, at his discretion, to cause
<br />SUB-CONTRACTOR'S forces to vacate the project site until compliance is-eccomplished, In the event such action becomes necessary, any delays to
<br />the project as a result shall become the responsibility of the SUB-CONTRACTOR under the terms and conditions of this agreement.
<br />
<br />43, (PAINTING SUB-CONTRACTOR) Paint applications on all surfaces shall be of sufficient coverage so as to render a surface of homogeneous
<br />appearance, free from variations in shade, tone or color,
<br />
<br />44, The SUB-CONTRACTOR shall be required to respond to change order proposal requests or written change orders to the work tendered by the
<br />CONTRACTOR to the SUB-CONTRACTOR within 5 working days of his receipt of same, In the event of a delay to the project associated with a failure
<br />on ,the part of the SUB-CONTRACTOR to respond, the SUB-CONTRACTOR shall become liable for said delay, This requirement does not, however,
<br />obligate the SUB-CONTRACTOR to commence such proposed change in the work until in receipt of a completed, executed change order pursuant to
<br />Paragraph 16 of the SUB-C9NTRACT agreement.
<br />
<br />45, The SUB-CONTRACTOR shall during the term of this agreement be required to notify the GENERAL CONTRACTOR of any changes to his business
<br />a~dress, telephon~ number, principal officers of th~ company, occurrence of tax liens, or change in the legal status of his company (as executory to
<br />thiS document), Failure to do so may, at the dlscrellon of the CONTRACTOR, be grounds for the SUB-CONTRACTOR being declared to be in breach
<br />of this agreement. '
<br />
<br />46, SUB-CONTRACTOR shall, unless otherwise stipulated herein, provide all required means to install his work at its intended location within the structure,
<br />
<br />47, Th~ SUB-CONTRACTOR, by: execution of this agreement, represents that he has thoroughly examined the contract documents and will, unless
<br />otherWise stipulated herein, prOVide all the necessary work required to provide complete installation, functional in its intended use, and complying with
<br />the contract documents and all applicable jurisdictional building, state and local codes, .
<br />
<br />48, (ROOFING SUB-CONTRACTOR) It is mutually understood that the intent of the contract documents and this agreement is to provide a complete,
<br />watertight roofing system and that the SUB-CONTRACTOR has included all ne<;:essarY miscellaneous labor and materials to accomplish same,
<br />
<br />IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written,
<br />
<br />\ .,/ ')l;lWGG & KI~~~'(,lNC,
<br />
<br />. II. i' "~ ' .
<br />" r l J // 'I'" /" l/ ,....<l\ '<:"".-'"'J
<br />.j!h/~t/ /.'./11 ,/c/'l l' .~'
<br />B f t ;//1 .' I( /l /' /"(//,/1/ .-" "} \ ";"--~1!/ I ~
<br />y, . it- t, r - 'f;" ~ /' ,
<br />, . (<;:f"traci" /1'/' ? nle
<br />, {~ . .,1 ./ Y' _
<br />WITIflt:~9\ /i/ "J }/r':-":"___
<br />"_J > 1/ ,_V,;, \
<br />~./ . v-.l
<br />V
<br />
<br />SUB-CONTRACT NO.
<br />
<br />/) .~ f/lf';'/ll/
<br />.// /' ;.,/, . {i._t By
<br />Oate
<br />
<br />~!?2:1-(,1
<br />
<br />I\.J\/\ f.- i )'t":
<br />
<br />F~.- (, -;-.r.:.;r: t. i ()~, .
<br />
<br />Jih: ..
<br />
<br />..
<br />
<br />j
<br />
<br />J~
<br />-;/>>J '""
<br />,~.I( 1/ /'i~'.~ (//:.'
<br />
<br />(SUb.Co~Yfl~r) ...1. h'.. rTtlS0r~
<br />, ,.</ . '~..... rI
<br />WITNESS:_-__< -, ./i~' ;
<br />..'" -' .~/ l.... ',_' \ /-'/,,/
<br />~"'''-_._'h_" . /, /f,d( (. ,.1./ t\::......-:-'-.., ( '/"r II \./
<br />" f..t~ff1" - ,..' (' C'f .." , "-
<br />
<br />/'/ / . -.'
<br />
<br />S2C. /Trpns.
<br />Title
<br />
<br />11/2/;0::
<br />
<br />Date
<br />
<br />_..-........- ~ ,-
<br />
<br />t \
<br />Ii /it /I )
<br />
<br />Page 4 of 4
<br />
<br />......'
<br />
|