|
<br />, .
<br />
<br />Job iI 9405
<br />Subcontract 1# 9405-15-300
<br />P~COst 15-300
<br />Contact Ronald Benke
<br />Phone 813-621-1357
<br />. SUBCONTRACT Fax 813-628-0143
<br />This agreement made this day of , 19-.94 by and between RoDan
<br />Fire Snrinklers. Inc~ of 70th reet T FL 33619
<br />, (hereinafter called "Subcontractor"), and Hinson BUilding Corp., of Macon
<br />Georgia (hereInafter called .Comractorj. . ,
<br />
<br />WITNESSETH:
<br />For and in consideration of p"-I1t18ntlo Subpontracfor of !he emount hereinafter described and the mutual Pro- .
<br />mises contained herein, Subcontractor and Contractor hereby agree as follows:
<br />l(a). The Work. Subconlractor shaJJ provide end fumish an labor, materlals,looIs, supplies, equipment services
<br />lacilities Qncluding scaffolding end hoisting facilities uni... specjlJcaHy excluded herelnl, supervision, administration:
<br />etc. necessary for the proper and complete performance and acceptance of the foHowing: '
<br />"
<br />
<br />BONO
<br />RECEIVED
<br />NOT REOUIRED
<br />
<br />l HINSON' 1
<br />HINSON BtJILDING CORPORA nON
<br />
<br />
<br />, .'
<br />
<br />
<br />. "("';. f....;c;;, ..-
<br />,...
<br />r .0\ r' .. ,-,O"i"'. .~.\ t ~ "V
<br />
<br />(hereinafter called the "Work", all as more part!cu,larly describe~ in Exhibit A attached hereto whi :j~ h~~bv,~or.\(.i:.. /
<br />porated by reference) for the K-Mart ClJ.m.c ConversJ.on ' ,', -l ,
<br />Florida Medical Clinic '\/" ','.1 ..;.'
<br />
<br />(hereinafter called the "Project") located at 38109 Market. SQuare
<br />- Zephvrhills,FL 33540
<br />for FMC Market Square, Inc.
<br />
<br />(hereinafter called "Owner") according to the plans and specifications (collectively, the "Specifications") prepared
<br />by Harvard Jo11v Clees Toone. Architects. P.A. (the "Architect" or the "Engineer", as
<br />applicable), and the terms and conditions of this Subcontract and the Prime Contract, This Subcontract includes,
<br />but is not limited to. (i) all amendments to this Subcontract entered pursuant to the proviSions hereof; Oil this Subcon-
<br />tract document itself (including all Exhibits hereto). (iii) all addenda, (iv) Change Orders issued pursuant hereto, (v)
<br />the Specifications, as well as (vi) any and all other documents listed or referred to in this Subcontract. This Subcon-
<br />tract, and all procedures and provisions hereof, shall govern all dealings and transactions between the parties arising
<br />in any way from the Project. including, but not limited to, any extra work by Subcontractor related to the Project.
<br />(See Section 5),
<br />
<br />1(b), Prime Contract. Subcontractor hereby acknowledges that on. the 21st day of Febnlarv ,
<br />19 ~. Contractor and Owner entered into thai certaln general construction contract (the "Prime Contract') whereby
<br />the Contractor is required to furnish certain labor and materials and perform various construction activities in accor-
<br />dance with the Prime Contract. The Prime Contract is incorporated herein by reference and made an integral part
<br />of this Subcontract. The Prime Contract includes, but is not limited to, the agreement between Contractor and Owner
<br />(including all general and special terms and conditions), all addenda. mOdifications, revisions. drawings. Specifica.
<br />tions, details. as well as any and all other documents listed or referred to in the Prime Contract. Subcontractor is
<br />obligated and liable to Contractor to the full extent that Contractor is obligated and liable under the Prime Contract
<br />to Owner for the Work. The Prime Contract and this Subcontract shall be read and interpreted ,together, However,
<br />in case of any conflict or inconsistency between the Prime Contract and this Subcontract, this Subcontract shall govern
<br />the relationship belWee~ Contractor and Subcontractor, Subcontractor represents and acknowledges that all documents
<br />comprising the Prime Contract have been made available to Subcontractor for its inspection and review. and Sub"
<br />contractor has satisfied itself as to the contents thereof, Subcontractor further represents that it has previously notified
<br />Contractor in writing of any and all ambiguities, inconsistencies, and omissions within the Prime Contract documents
<br />themselves. and any and all inconsistencies between such documents and this Subcontract. Subcontractor shall not
<br />be entitled to any increase in the Subcontract Price, adjustment of the Schedule, or any other consideration as a
<br />result of any such ambiguity, inconsistency, or omission, unless Subcontractor has notified Contractor of the same
<br />in writing, prior to the date first appearing on this Subcontract.
<br />
<br />1 (c). Site Conditions and Existing Work, Subcontractor represents that prior to execution of this Subcontract it
<br />has inspected the Project site and that there are no conditions that prevent or hinder the performance of the Work
<br />by Subcontractor, In addition, Subcontractor, before proceeding with any of the Work. shall accurately check and
<br />verify all existing work done by Contractor or others that may in any way be. related to tho Work (inClUding, but not
<br />limited to, field measuring all existing work) to determine whether any nonconformities or discrepanCies h said ex-
<br />iSling work will or may adversely affect the Work. Upon the faibre of Subcontractor to so check and verify all such
<br />exisling work, or upon the failure of Subcontractor to detect and disclose any discrepancies or nonconformities in
<br />said existing work, or upon the failure of Subcontractor to report the same to Contractor, in writing, before commenc.
<br />ing any part 01 the Work, Contractor shall be relieved of any and all responsibility for the same. and Subcontractor
<br />shall be liable lor all resulting damages, costs and expenses arising as a result of any discrepancies and nonconfor.
<br />mities which were or should have been diSCovered by Subcontractor,
<br />
<br />1 (d). Submittals. The approval by Contractor, Owner, Archit.ect or Engineer of any submittals of Subcontractor
<br />(including, but without limitation, shop drawings) shall not relieve Subcontractor of liability for any deviations from
<br />the requirements of this Subcontract or the Prime Contract, unless any such deviation(s) is specified as such and
<br />the deviation is described in full by Subcontractor in such submittal and is expressly approved by the Contractor
<br />in writing', The stamping of any submittals "Approved" or the like shall not alone suffice to approve any deviation,
<br />
<br />2(a) Price Contractor agrees to pay Subcontractor for the performance of the Work the sum of
<br />'!'wen ' - Fi v~ Trousan an n ***************************"'Dollar& ($ 25,000.00 )
<br />(the "Subcontract price"), subject to increase or decrease only as expressly provided in this Subcontract. If the Prime
<br />" (1)
<br />C1~
<br />
<br />-
<br />
<br />-=
<br />
|