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<br />,Dee, 6, 200L10:06AM
<br />C~~<~
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<br />No. 1306
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<br />p, 3
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<br />~"I"'W04 C~,......'........ 10......1/.,.... ..:In....... .y.....
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<br />Article II. PRINCIPAL CONTRACT The Contmclor ha~ enlcrcd into the above cono'act wilb ,;aid Owner, (herein3fter called the "Owner"), Lor
<br />ec:rtain construction work in connection with the Project refercnced above, which contrllct and any and all advcrti~rrrents .for bids, instructions to
<br />bidders, gcneral conditions, speci!lI conditions, addendu, plans, specifications and any and all olhcr COlllract dOCUtnents relflting thereto, arc in their
<br />cntil'ety made a part hereof and it is expre.~sJy understood and agreed that all of the ternls, conditions, and provisions Conlaincd wilhin these
<br />documents are made a pint of this SubcontCllcl by this refcrcnce heretO and Subcontractor represents thai it is familiar with, and agrees to be bound
<br />subjcct to 1111 tcrms and cOlldilions of the contract between the Contl'actor and the Owner, which COntract is hereinafter called the "Principal Contract".
<br />A copy of the Principal Contract shall be kepi at the Contractor's office for referellce and the Subconlraetor herewith certifies that it has read, is
<br />familiar wilh and agrees to be bound by all the terms and conditions of said Principal Contract.
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<br />Article nr. IDlKo\CH OF CONTRACT To the extent permitted by law, all clllims, disputes aod olher matlers arising out of, Or relating 10, lhis
<br />Subcontract, or Ihe breach lhereof Shall be decided hy arbitration, In the event of llrlY dispute arising out of or l'elating to this Subcontract, or the
<br />breach thereof, Which is not Stilled through direct discussions within 10 days ot. notice by one party to the other of the existence of the dispute, Ihen
<br />either party shall request that the dispute he submitted for decision 10 three arbitrators, one of whom shall be cho!;en by Ihe Subcontractor llnd one by
<br />the ContCltClor. The two arbi\rntors ,;halllhen choose a third arbitrator who shall be an architcct Iicenscd to prllcnce in the State of FLor;dll, The
<br />partie:; shall then proceed with arbitration in accordance with the provisions of the florida Arbitration Code, Chapter 682, Florida Statutes, such
<br />arbitration to take plllee in COllier Coullly, Florida unlcss otherwise agreed to by the Contractor. The provisions of this Arlicle III Shall prevllil over
<br />allY conflicting pm of the Florida Arbitration Code to the cxtentlawful. The award rendered by the arbitrator,; is Iinal, shall include reasonable
<br />allorney's fees and coSIs to the prevailing party, and judgment. maybe entered upon it by a court of competent jurisdiction. This Subcontract Shllll bc
<br />interpreted under, llnd governed by. the laws of'lhe State ofFloridn, The parties agree that any action relating to this Subeontl'flct shall be instituted
<br />and prosecuted in the COurts (If Collier County, Floridll, and each party hereto waives the righls to change of venue or trial by jury. In the event Ihe
<br />Contraclor and Subcontractor dctermine lhat all or a portion of any claim, dispute or maner in question betwec:n them is the responsibility in whole or
<br />in part of a person or enlity who is unde.' no obligation to arbitnlle said claim, dispulc or matter widl the Contractor and Subcontractor in the same
<br />proceeding, thcn the Contractor and Suboontractor may agree in writing to delay or stay any arbitration betWeen Ibem pellding the delermination, in a
<br />separate proceeding, of the rcsponsibility and liability of said person or entity for the claim, dispute or maUer involved, The SUbcontractor agrees thilt
<br />any arbitCltlion instiluted Ullder this Article m, at the Contractor's elecHon, Illay be consolidated with any other arbitration proceeding involving a
<br />Common question offaet or law between the Contractor and any other Subcontractor(s) performing WOI')c in connection with the Principfll Contract,
<br />To the extenl not p''Ohibitcd by their eontracls with others, the claims and disputes of/hc Owner, Contractor, Subcontractor llnd others involved wilh
<br />the Pr~jeel, concerning a COmmon question of facl or law, shall be heard by the san1e arbitrdtors in a single procccding.
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<br />The Subcontractor shill I carryon the work and maintain the CunstJUction and Submittal Schedule (as set forth in Appendix "A" hereto) pending final
<br />resolulioll of a claim involving arbilration, unless the Sllbcontract has heen Icnninated or the work susI>endcd a~ provided for in the Subcontract, Or
<br />the parties othelwise agree in writing to a partial Or total suspension orlbc work, If the SUbcontractor is continuing to perfoml ill accordance with the
<br />Subcontract, the Contractor shall continue to make payments a~ required by the Subcontract.
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<br />Article lV. SUDCONTRACf ."RICE nle som to be paid to Subcontrllctor for the perfonnllDce of Ibe Work included in this Subcontract
<br />(hereinafter called the "Subcontract Price") shall be in curren I funds, subject to Ildditions and delelions as herein pro....idcd. Payment of the
<br />Subcontract Price slated herein to be made to the Subcontractor by the Contraclor inclUde all Municipal, State, Cowny and Federllllaxes imposed by
<br />law, and based upollll1bor perfonned, materillls furnished or services rendered, including, but not limited 10, sales lllxes and personal property taXes
<br />levied Or assessed against the Owner, or the Contractor, or the SUbcontractor arising out of either the acquisition by lhe Subcontractor Or the
<br />fumishing.or insl.aJling by Ihc Subcontractor or by any of its ,;ubcontractors of materials, cquipment or of llnY other kind of personal property, 01' the
<br />furnishing of labor fmd/or servil:cs in connection wilh the Worle Where the law requires any such tax 10 be stated and charged sepllratcly, the Iolal of
<br />all items included within the Work and the added tax shall not exceed the total Suhcontract Price provided herein,
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<br />Article V. WORK sCHlmuu.: The Subcontractor Shall eomplele the scvCIlil portions and the whole orlhe Work included in lhis SUbcontract On
<br />or befcl/'e the following dates or times, and as set out in the Construction and SUhlllitl.a1 Schedule (Appendix "N'), and submil samples, shop
<br />dmwings, etc: (lIld order llmlcriaL inlUnple time 10 mailllllinjoh progress and insure completion in accordance with Appendix "A". The Subcontractor
<br />Ilcknowledges that it has visited the projecl site and visually inll-pected the general and local conditions, which could affect the Work. Any failure of
<br />the Subcontractor 10 rca..~onllbly a~~rlain from a visual inspection of the Site, Ibe genenll and IOClll conditions which could affecl thc Work, shalL not
<br />relicve the Subeontraclor frOrtl its responsibility to proper'y complete !hc Work without additional expense to Ihe C'..ontractor. The Contractor, if it
<br />deems necessary, may direol the SubcontractOr to work overtime and if so inslructcd the Subcol\trnctor will work said ovcnime and, provided that the
<br />Subcontractor is not in default of any of the provisions herein, the Conlraetol' Shllll rcimbun;e the Subcontractor for the actual addiHonal premium
<br />wage pHid by the Subcontractor to its employees plus taxes imposed by law on such additiont\l wages, If, however, thc Subcontractor is, in the
<br />Contractor's solc opinion, behind schedule with the Work, the Subcontractor ,;hall al its OWn expense. have its employees work Sllch overtime as the
<br />Contraclor may deem necesstll)' to comply with the schedule and complete the Worle, The Subconlractol" shall suffer all extra COsts resulting from his
<br />lack of diligence or failure to pl'Qvide needed labor or lnldcrials to meet the schedule of Work. Should the Subcontractor at any time refuse 0/' neglect
<br />to supply fI sufficiency of skilled workers or materials of tile proper quality or quantity, Or fail in any rcspectlo perform the Work with promptness
<br />and diligence. or cause by any aClion or omission the stoppage 01' delay of or interference with the Work of the Contractor or of any olher
<br />subcontractors on the Project, or fail in the: pcrforrnllDcc of any oftllc agreements on its plIrt contained herein, or become banknrpf or insolvent or go
<br />into liquidation eilber voluntarily or under all order of a Court of" competen! jurisdiction or make a general assignment for the benetil of creditors or
<br />othcrwise Slop the Work 0.' evidenec finRncial incompetence, after threc days written Ilotice to the Subcontractor, the Contractor may: (II) provide
<br />through itself or through olbers, (my such labor or materials necessary to perform the Work until in the sole judgment of the Contractor thc
<br />deficiencies of the Subcontractor's work hflve been corrected, and deduct the costthereoffrom any money due, or dlefCllfier otherwise to become due
<br />lhe Subcontractor undcr this Subcontruct, or, (b) IcnninQte lhis ~ubcontracl in which event the Contractor shall be lit liberty to cnter on the premises
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