Loading...
SUBCONTRACTBRANDON CONSTRUCTION COMPANY GENERAL CONTRACTORS, INC. 555 Palm Harbor Boulevard, Palm Harbor, FL 34683 Date: 10/24/2024 BCC Project: A2307 SUBCONTRACT SUBCONTRACTOR: Clearwater Gas System 777 Maple St Clearwater, FL 33755 Ph: (727) 562-4980 Attn: Bill Robinson Email: william.robinson@myclearwater.com SUBCONTRACT FOR: .15.15900Nat Gas Piping/Equipment PROJECT LOCATION: Hess Residence 880 Gulf Blvd BelleairShores, FL 33786 OWNER: Randy Hess 880 Gulf Blvd. Belleair Shores, FL 33786 ARCHITECT: BeharPeteranecz 2430 Terminal Dr. S. St. Petersburg FL 33712 GENERAL CONTRACT DATED: 07/27/2023 BRANDON CONSTRUCTION COMPANY GENERAL CONTRACTORS, INC., a Florida Corporation, "Contractor", Clearwater Gas System"Subcontractor", with offices at the addresses shown above, agree as follows: 1. Work. Subcontractor shall furnish all labor, materials, tools, equipment, supervision and services necessary to prosecute and complete the work identified and described in the Scope of Work attachment identified as Exhibit "A" and incorporated herein by reference (the "Work"), being a portion of the work required of Contractor under the General Contract (the "Contract") between Owner and Contractor. The Work shall be performed by Subcontractor in a good and workmanlike manner strictly in accordance with the contract documents (hereinafter the "Contract Documents") identified in Exhibit "B" attached hereto and incorporated herein by reference. Subcontractor shall be bound by all the terms of the Contract Documents which are applicable to this Subcontract. Subcontractor hereby affirms that he has examined all Contract Documents, and agrees that he will not plead unfamiliarity with any of said Contract Documents in connection with any dispute which may arise hereunder or in connection with any claim arising from this Subcontract. 2. Price. Subject to all of the other provisions of this Subcontract, Contractor shall pay to Subcontractor for the due and full performance of the Work, including the sum of $100.00 for the indemnification as provided in paragraph 12, the total sum THIRTEEN THOUSAND NINE HUNDRED DOLLARS AND NO CENTS $13,900.00(The Price) except that if all or a portion of the Work is to be performed on a unit price basis, then the Price set forth shall be deemed an estimated total price for the Work and the actual Price shall be computed in accordance with the lump sum prices, if any, and the unit prices set forth in Schedule D, based on actual quantities determined in accordance with the Contract Documents. 1 3. Progress Payments. As soon practicable after the execution of this Subcontractor, but no later than _twenty (20_) days after the execution hereof by the Subcontractor, the Subcontractor shall submit to Contractor a schedule of values of the various portions of the Work, including quantities if required by the Contractor, to enable Contractor to prepare a schedule of values for the entire Contract. Subcontractor's schedule shall be prepared in such form and supported by such data as the Architect/Engineer (identified above and hereinafter called "Architect") or Contractor may direct, and shall be subject to Contractor's approval. The total of scheduled values shall equal the Price and shall be divided in such manner as will facilitate progress payments to Contractor and Subcontractor. Each scheduled item shall include its proper share of Subcontractor's overhead and profit. On or before the 23rd day of each month, Subcontractor shall submit to Contractor an itemized progress estimate, supported by such data as Contractor may require, showing the estimated value of work completed, based on Subcontractor's approved schedule of values and on the conditions for payment under the Contract, including without limitation conditions relating to material and equipment stored on the site and title to the materials and equipment. Each such progress estimate shall also show the amount of all previous payments to Subcontractor and the amount of current retainage, and shall include evidence satisfactory to Contractor that Subcontractor has paid all persons supplying labor, materials or services in connection with the Work. Subcontractor's progress estimate shall be used in the preparation of Contractor's application for payment to Owner under the Contract. Contractor shall pay to Subcontractor, upon receipt of payment from the Owner, an amount equal to the value of Subcontractor's completed work, to the extent allowed and paid by Owner on account of Subcontractor's Work, less all previous payment and less the amount of current retainage. "Previous payments" shall include all amounts theretofore paid on account of the Work, all charges for materials or services furnished by Contractor and properly chargeable to Subcontractor and all costs incurred by Contractor properly chargeable to Subcontractor as obligations of Subcontractor. "Current retainage" shall be calculated by multiplying the value of the Work completed and qualified for payment by the retainage percentage of j ). It is specifically understood and agreed that the payment to the Subcontractor contingent upon and an absolute condition precedent if and only if the Contractor receives the contract payments from the Owner. Prior to payment, the Subcontractor shall submit a waiver of liens showing all payments made for labor and materials for all Work covered in the request for Progress Payments. Contractor shall have the right to withhold payment to Subcontractor for defective work not remedied and for any other breach of this Subcontract by Subcontractor. No payment to Subcontractor shall be construed to be an acceptance of any defective work. 4. Final Payment. A final payment, consisting of the unpaid balance of the Price, shall be made within forty-five (45) days after the last of the following to occur: (a) full completion of the Work, including all punch list work, by Subcontractor; (b) final acceptance of the Work by the Architect and Owner; (c) final payment by Owner to Contractor under the Contract; (d) the furnishing of satisfactory evidence by Subcontractor to Contractor that the Subcontractor has paid in full all persons furnishing labor, materials or service in connection with the Work and that neither Subcontractor nor any person claiming under or through Subcontractor has filed or has the right to maintain a lien or other claim against the Owner, the Contractor, Contractor's surety, if any, or the Project premises; or (e) the delivery of all warranties, bonds, as built drawings and similar items required by the Contract Documents with respect to the Work. Contractor shall have the right to withhold payment to Subcontractor for defective work not remedied and for any other breach of this Subcontract by Subcontractor. No payment to Subcontractor by Contractor shall be construed to be an acceptance of any defective Work. 5. Payment of Labor, Supplies and Materials. Subcontractor will receive the payments made by Contractor and will hold such payments as a trust fund to be applied first to the payment of any persons furnishing labor materials or services for the Work, and Subcontractor will so apply the payments from Contractor before using any part thereof for any other purpose. Subcontractor shall, as often as requested by Contractor, fumish an affidavit showing the names and addresses of all persons who shall have furnished labor, materials or services for the Work and the amount due or to become due to each such person. Progress payments may, in the discretion of Contractor, be made in the form of checks payable jointly to Subcontractor and such person. If Subcontractor shall fail to pay promptly when due, all labor, services, and materials furnished in connection with the performance of the Work, Contractor may, after three (3) days' written notice to Subcontractor, pay the amount of such liabilities and recover the amount thereof, or set-off the amount due, from Subcontractor, directly or by the application of any portion of the Price then, or thereafter becoming due under this Subcontract, and under any other subcontract entered into between Contractor and Subcontractor for any other project. Subcontractor will, at the request of Contractor, provide affidavits from all persons furnishing labor, materials or services to the effect that they have been paid in full. 2 6. Time of Completion. Subcontractor shall commence the Work on the date specified in the progress schedule for the Project as provided by the Contractor (the "Commencement Date") and fully complete the Work within see Exhibit C: Project Schedule calendar days of the Commencement Date. Completion of the Work and its several parts within the time allotted or reasonably contemplated under the Contract is of the essence of this Subcontract. Therefore, Subcontractor agrees: (a) to provide at the Project site (identified on page 1 hereof) the materials, equipment, laborers and supervision necessary to begin the Work upon Contractor's order to do so; (b) to perform the Work and all parts thereof promptly, diligently and in such order and sequence as Contractor may direct to assure the efficient, expeditious and timely prosecution of the entire Work under the Contract; and (c) to furnish sufficient forces, supervision, equipment and materials, at such times and for such periods as will result in progress according to the approved progress schedule of Contractor or any modification thereof. Contractor reserves the right to modify any such progress schedule with respect to the required sequence or duration of the Work or any portion thereof, and Contractor makes no representation that Subcontractor will be able to commence, prosecute or complete the Work in accordance with any progress schedule. Subcontractor shall promptly let all subordinate contracts and purchase orders, shall immediately notify Contractor of any inability of the subordinate contractors and material suppliers to meet the requirements of the progress schedule, and, when required by Contractor, shall submit the names of subordinate contractors and material suppliers for approval or comment. The Subcontractor shall furnish all necessary information to Contractor required for expediting the Work, and if the Work is, or will likely be, delayed by Subcontractor's failure, Subcontractor shall reimburse Contractor for any expenses required to secure performance. 7. Extension of Time. If for reasons beyond its control Subcontractor shall be materially delayed at any time in the progress of the Work under such circumstances as would entitle Contractor to an extension of time under the Contract, Subcontractor shall be entitled to a corresponding extension of time for completion of the Work hereunder; provided that Subcontractor shall have filed with Contractor written claim for such extension that complies with the requisites for making a claim under the Contract and in sufficient time to permit Contractor to file such a claim against Owner for an extension or other relief under the Contract. If Subcontractor shall be materially delayed by the wrongful act or omission of Contractor, the time for the completion of the Work shall be extended for a period equal to the reasonably estimated period of delay as determined by Contractor. Anything herein to the contrary notwithstanding, no extension of time shall be granted unless a written claim therefor shall be presented to Contractor within forty-eight (48) hours after the commencement of the delaying event or condition. The extension of time herein provided shall be Subcontractor's sole and exclusive remedy for any delay, and Subcontractor shall have no claim for damages against Contractor by reason thereof. 8. Changes and Termination. Contractor may, without invalidating the Subcontract or any bond given hereunder, order extra and/or additional work, deletions, or other modifications to the Work, such changes to be effective only upon written order of Contractor. Any adjustment to the Price or to time for completion of the Work shall be made in accordance with the applicable provisions of the Contract, or in the absence of such provisions on an agreed or equitable basis. Notwithstanding any inability to agree upon any adjustment or the basis for an adjustment, Subcontractor shall, if directed by Contractor, nonetheless proceed in accordance with the order, and the Price and time of completion shall be adjusted in accordance with the foregoing. If requested by Contractor, Subcontractor shall submit forthwith its detailed estimate of the value of and time involved in any such change or proposed change, including unit costs if requested, and shall furnish detailed records of costs or savings actually realized as a result of any such change. If any such changes diminish the quantity of work to be done, they shall not form the basis for a claim by Subcontractor for loss of anticipated profits. If the Contract is terminated, this Subcontract shall be thereupon likewise terminated, and compensation to Subcontractor shall be made on the same basis as that provided for in the Contract or Contract Documents, or in the absence of applicable provisions then on an equitable basis, based solely on direct labor and material costs incurred by Subcontractors to the time of termination. In no event shall Subcontractor be entitled to anticipated profits. 9. Relationships. Subcontractor shall be bound by the decisions of the Architect with respect to the quality and quantity of the Work, meaning of the Contract Documents, acceptability of persons or organizations performing the Work and other matters set forth in the Contract Documents. Subcontractor's Work shall conform to any additional specifications, drawings or explanations furnished by the Architect for the purpose of detailing and illustrating the Work. As used in this Subcontract, the word "Architect" shall designate the architect, engineer, or other comparable person designated as the Owner's representative in the relevant context of the Contract or Contract Documents, which representative shall generally be the 3 Architect/Engineer identified on page 1 hereof. Contractor shall have the right to direct the prosecution of the Work and to coordinate such Work with the work of others; and Contractor shall have with respect to Subcontractor the same rights and powers as the Owner has reserved to itself with respect to Contractor for the performance of the applicable portions of the Contract. Subcontractor shall cooperate with, and shall not delay, impede or otherwise impair the work of others participating in the construction of the Project. If Subcontractor is damaged by the act of the Owner, for which act the Contract affords benefits and remedies solely to Contractor, then Subcontractor shall be derivatively entitled to the benefits to be achieved by the pursuit of such remedies, as Subcontractor's interest may appear; provided, however, Contractor shall not be required to file any claim of take any other action against Owner on behalf of Subcontractor unless Subcontractor shall provide adequately for the payment of, and shall pay for, all costs and expenses, including attorney's fees, that may be incurred by Contractor, in proportion to the amount of Subcontractor's claim, in the pursuit of such remedies. Contractor shall not be required in behalf of Subcontractor to file any claim or take any action against any person other than Owner; nor any claim or action that is not asserted in good faith or that would unreasonably extend the date for a substantial final payment under the Contract. It is agreed that the claim of Subcontractor against Contractor for the acts of the Owner is limited to the rights of Contractor against Owner and when such rights have been exhausted Subcontractor's claim is settled. 10. Assignment. Subcontractor shall not assign, transfer, or otherwise dispose of this Subcontract, or any part thereof, nor assign any monies due or to become due hereunder, except with the prior written consent of Contractor. Any assignment of this Subcontract consented to by Contractor shall not operate to relieve Subcontractor of its primary responsibility to Contractor for the due and full performance hereof, and Subcontractor shall be liable to Contractor for all acts and omissions of Subcontractor's subcontractors and assigns. Any assignment of this Subcontract or monies under it without the consent of Contractor will be void and of not effect. 11. Bonds. Unless otherwise indicated in paragraph 25 hereof, Subcontractor at its own expense, shall obtain from a commercial surety acceptable to Contractor separate bonds: (a) for the due and complete performance of Subcontractor's obligations hereunder, and (b) for the timely payment of all charges for labor, services, and materials furnished for the prosecution of the Work. Each such bond shall be for sum in liquidated damages equal to the amount of the Price, shall be in a form acceptable to Contractor and shall be delivered to Contractor within seven (7) days after the execution hereof. If, according to the foregoing provisions, Subcontractor is not required to furnish such bond, Subcontractor shall submit to Contractor a current financial statement; and Contractor reserves the right at any time to require Subcontractor to furnish such bonds, but at Contractor's expense. If Subcontractor is requested to furnish bonds and fails to obtain them at anytime during Subcontractor's performance of this Subcontract, such failure will constitute a material breach by Subcontractor, entitling Contractor to terminate Subcontractor's performance. 12. Indemnity. Subcontractor agrees to defend, indemnify and hold harmless Contractor, the project owner, the architect, and the engineer and their respective officers, directors, agents, and employees herein called the "indemnities" from any and all liability for damages, including, if allowed by law, reasonable attorney's fees and court costs, such legal expenses to include costs incurred in establishing the indemnification and other rights agreed to in this paragraph, to persons or property caused in whole or in part by any act, omission, or default by the Subcontractor or its sub -subcontractors, materialmen, or agents of any either or their employees, arising out of this Agreement or its performance, including any such damages caused in whole or in part by any act, omission, or default of any indemnitee, but specifically excluding any claims of, or damages against an indemnitee resulting from such indemnitee's gross negligence, or the willful, wanton, or intentional misconduct of such indemnitee or for statutory violation or punitive damages except to the extent the statutory violation or punitive damages are caused by or result from the acts or omissions of the Sub -contractor or its sub -subcontractors, materialmen, or agents of any tier or their respective employees. Provided however that any claim for indemnification for damages caused in whole or in part by any act, omission or default by indemnitee(s) shall be limited to the amount of The parties acknowledge that the amount of the indemnity required hereunder bears a reasonable commercial relationship to this Agreement and is part of the project specifications or the bid documents. og 4 The indemnification obligations under this Agreement shall not be restricted in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Sub -contractor under workers' compensation acts, disability benefits acts, or other employee benefits acts, and shall extend to and include any actions brought by or in the name of any employee of the Sub -contractor or of any third party to whom Sub -contractor may subcontract a part or all of the Work.. Should Owner or any other person assert a claim or institute a suit, action, or proceeding against Contractor involving the manner or sufficiency of the performance of the Work, Subcontractor shall upon request of Contractor promptly assume the defense of claim, suit, action or proceeding, at Subcontractor's expense, and Subcontractor shall indemnify and hold harmless Contractor and its agents and employees, from and against any liability, loss, damage, or expense arising out of or related to such claim, suit, action or proceeding. 13. Insurance. Prior to commencing the Work, Subcontractor shall procure, purchase and maintain the below enumerated insurances, during the term of the entire project and during the warranty period, with insurance companies approved by Contractor, which name Contractor and Owner as additional insured parties, which insurances shall contain the minimum limits of coverage shown below, or if greater — the requirements set forth in the Contract Documents: A. Worker's Compensation Insurance as required by Florida Law. B. General Liability - Subcontractor shall carry standard ISO General Liability coverage, written on an occurrence basis - including Completed Operations. The coverage must be endorsed to name Contractor as an "Additional Insured" and include the project name (Form CG20-10 11/85 or equivalent). Such coverage shall be maintained in form and with companies acceptable to Contractor and Owner, and shall, notwithstanding the limits set out in this paragraph, meet the applicable requirements imposed under the Contract or by any governmental authority having jurisdiction over the Work. Each policy of insurance required hereinabove shall provide for 30 days' notice to Contractor prior to cancellation. The coverage must be endorsed to name Contractor as an "additional insured" (Form CG2010 11/85 or equivalent — meaning the additional insured coverage form to include work in progress - i.e. all acts or omissions or any other liability of additional insured arising out of subcontractor's work performed for additional insureds or subcontractors use of premises, equipment and facilities of additional insureds — i.e. ongoing operations and completed work - i.e. Completed Operations) and include the Owner, Architect, and others as "additional insureds" as required in the Contract Documents. The "Additional Insured" form shall state that this insurance shall be primary without right of contribution from any other insurance available to the "additional insureds" and the amount of the company liability under this policy shall not be reduced by the existence of such other insurance. Copy of the additional insured endorsement form is to be attached to the Certificate of Insurance. A waiver of subrogation will be provided. Subcontractor shall be responsible for any desired coverage against damage or loss to its own materials, facilities, tools, equipment, plant, scaffolds, bracing, and similar items not covered by Owner's or Contractor's fire insurance policy (with builders risk endorsement), if any. To the extent that Subcontractor maintains insurance coverage for Toss or damage to property, Subcontractor hereby waives subrogation of claims against Contractor, Owner, other subcontractors and their agents or employees. Subcontractor shall furnish Contractor certificates of the insurance required hereunder in advance of commencing the Work and a copy of each lost -time accident report made to Subcontractor's insurance carriers. Subcontractor shall cooperate with its insurers to facilitate the adjustment of any claim or demand arising out of operations within the scope of the Work. Nothing contained in this Section 13 shall relieve Subcontractor of its indemnity obligations set forth elsewhere in the Subcontract. The Sub -contractor insurance coverage shall include such coverage, but not limited to, premises/operations, employees as insureds, explosion, collapse, and underground (XCU), broad form contractual (including personal injury), products/completed operations, independent contractors, broad form property damage and personal injury, The CGL must be written on an occurrence basis, with minimum limits of: General Aggregate — Per Project $2,000,000 Products and Completed Operations Aggregate $2,000,000 Each Occurrence $1,000,000 Personal/Advertising Injury $1,000,000 Fire Damage $ 100,000 Medical Payments $ 10,000 COMPREHENSIVE AUTOMOBILE LIABILITY on occurrence basis covering all Owned, Non - Owned, and Hired Vehicles for limits of liability equal to $1,000,000 Combined Single Limit. WORKER'S COMPENSATION including Occupations Disease insurance meeting the statutory requirements of the State in which work is to be performed together with a Broad Form All States 5 Endorsement and containing Employer's Liability insurance in an amount of at least $500,000 Each Accident / $500,000 Disease — Policy Limit / $500,000 Disease — Each Employee. Worker's Compensation shall waive the rights of subrogation in favor of all additional insureds. UMBRELLA LIABILITY and/or EXCESS LIABILITY with coverage at least as broad as the underlying policies. The per occurrence and aggregate limits shall be $1,000,000. A certificate of insurance form must be filed with Contractor prior to the commencement of any work and must state coverage will not be altered, cancelled or allowed to expire without thirty (30) days written notice by certified mail to Contractor. If any of the above coverages are subject to or are in excess of any deductibles or self -retention, these amounts must be stated on the certificate, and said deductibles and self -retention will be the sole responsibility of Sub -contractor. It is understood and agreed that the insurance coverage and limits, require above, shall not limit the extent of Sub -contractor's responsibilities and liabilities specified within Contract Documents or by law. It is understood and agreed that authorization is hereby granted to refuse entry to job site and to withhold payments to Sub -contractor until a properly executed Certificate of Insurance is received by Contractor. Sub -contractor's Insurance Requirements set forth herein shall become and be part of any purchase order or contract issued by Contractor to Sub -contractor as though fully set forth in said purchase order or contract. Should Sub -contractor fail or neglect to provide the required insurance, Contractor shall have the right, but not the duty, to provide such insurance and deduct from any money that may be due or become due to Sub -contractor for any and all premium or costs Contractor incurs. Equivalent insurance coverage must be obtained from each Sub -contractor and Supplier, if any, before permitting them on the site of the project. Otherwise, such insurance for Sub -subcontractors and Suppliers must be included within Sub- contractor's insurance policies. 14. Liens. Subcontractor shall defend, indemnify and hold harmless Contractor and Owner from the operation and effect of any lien, or encumbrance arising from the labor or materials furnished under this Subcontract. if any such lien or encumbrance is claimed, Subcontractor shall forthwith discharge same; provided, however, if such lien or encumbrance be contested in good faith by Subcontractor, Subcontractor shall so notify Contractor, and Contractor shall have the right, upon 48 hours' notice to require that Subcontractor furnish a suitable bond, escrow or other reasonable assurance of payment in the event of an adverse court decision. 15. Labor. Subcontractor shall comply with all wage rates, reporting obligations, safety regulations and similar requirements established under the Contract and by any governmental authority having jurisdiction. 16, Taxes. Subcontractor shall pay, or cause to be paid, when due, all taxes of every kind imposed, levied, or assessed by any governmental authority with respect to the Work, including taxes for labor, materials, and equipment utilized in connection therewith and expressly including all sales, use, personal property, excise and payroll taxes. Subcontractor, upon request of Contractor, shall furnish satisfactory evidence of such payments. 17. Defective Work. Subcontractor shall provide safe, sufficient, and proper facilities at all times for the inspection of the Work by the Contractor, Owner and Architect, or their representatives. Subcontractor shall, commencing within 24 hours after receiving written notice from Contractor, promptly take down and remove all portions of the Work which Contractor or Architect shall condemn as unsound, improper, or in any way failing to conform to the Contract or the Contract Drawings, and shall make good all Work damaged or destroyed thereby, all at Subcontractor's expense. If Subcontractor shall not remove and replace such work within a reasonable time, Contractor may remove and replace the same at the expense of Subcontractor. 18. Miscellaneous. Subcontractor shall, at its own expense: (a) obtain all necessary permits and licenses and comply with all statutes, ordinances, rules, regulations, and orders, of any governmental or quasi-govemmental authority, applicable to the performance of the work, and be responsible for and correct any violations thereof; (b) prepare and submit to Contractor all necessary shop and erection drawings, plans, and diagrams, and furnish all necessary samples, catalogue cuts, laboratory and inspection reports and engineering calculations, in sufficient time to permit the orderly and timely prosecution of the Work; (c) remove daily all rubbish and surplus and waste material resulting from the prosecution of the Work and all tools, scaffolding and equipment not currently required in the prosecution of the 6 Work; (d) comply with the reasonable recommendations of Owner's, Contractor's and Subcontractor's insurance carriers or their associations; (e) conform to the basic safety policy of Contractor, and comply with all specific safety requirements promulgated by Owner or Contractor, including any such requirements made a part of the Contract Documents; (f) repair all damage to the work or property of others caused by Subcontractor; and (g) furnish temporary facilities, including cost of all water and electric current used by Subcontractor and proportionate cost of operating hoisting equipment furnished by Contractor, if used by Subcontractor. 19. Warranty. Subcontractor warrants that the Work shall be free from defects and shall conform to and meet the requirements of the Contract and the Contract Documents, and shall furnish any separate warranty for the Work, or portions thereof, required under the Contract or Contract Documents. Subcontractor agrees to make good, to the satisfaction of the Owner, any portion or portions of the Work which prove defective within one year (or such longer period as may be specified in the Contract or Contract Documents) from the date of acceptance of the Project by Owner; provided, however, that this obligation to make good shall in no respect diminish the duration of aforesaid warranty which shall exist for the longest period provided by law, or exclude other warranties provided by law or the Contract Documents. 20. Patents. Subcontractor agrees to defend, indemnify, and save harmless Contractor and Owner from and against loss, liability, damage, cost, or expense on account of infringement or alleged infringement of any patent rights by reason of the Work or materials used by Subcontractor. Subcontractor shall pay all license fees and royalties pertaining to the Work. 21. Default. Should Subcontractor at any time: (a) fail to supply the labor, materials, equipment, supervision and other things required of it in sufficient quantities and of sufficient quality to perform the Work with skill, conformity, promptness and diligence required hereunder; (b) cause stoppage or delay of or interference with the Project work; (c) become insolvent; or (d) fail in the performance or observance of any of the covenants, conditions, or other terms of this Subcontract, then in any such event, each of which shall constitute a default hereunder by Subcontractor, Contractor shall, after giving Subcontractor written notice of default and 48 hours within which to cure, have the right to exercise any one or more of the following remedies: (i) require that Subcontractor utilize, at its own expense, overtime labor (including Saturday and Sunday work) and additional shifts as necessary to overcome the consequence of any delay attributable to Subcontractor's default; (ii) remedy the default by whatever means Contractor may deem necessary or appropriate, including, but not limited to, correcting, furnishing, performing or otherwise completing the Work, or any part thereof, by itself or through others (utilizing where appropriate any materials and equipment previously purchased for that purpose by Subcontractor) and deducting the cost thereof (plus an allowance for administrative burden equal to 15% of such costs) from any monies due or to become due to Subcontractor hereunder; (iii) after giving Subcontractor an additional 48 hours' written notice (at any time following the expiration of the initial 48 hours' notice and curative period), terminate this Subcontract, without thereby waiving or releasing any rights or remedies against Subcontractor or its sureties, and by itself or through others take possession of the Work, and all materials, equipment, facilities, plant, tools, scaffolds and appliances of Subcontractor relating to the Work, for the purposes of completing the Work and securing to Contractor the payment of costs (plus an allowance for administration burden equal to 15% of such costs) and other damages under the Subcontract and for the breach thereof, it being intended that Contractor shall, for the stated purposes, be the assignee of and have a security interest in the property described above to the extent located on the Project site (and Contractor may at any time file this Subcontract as a financing statement under applicable law); and (iv) recover from Subcontractor all losses, damages, penalties and fines, whether actual or liquidated, direct or consequential, and all reasonable attorneys' fees suffered or incurred by Contractor by reason of or as a result of Subcontractor's default. The foregoing remedies shall be considered separate and cumulative and shall be in addition to every other remedy given hereunder or under the Contract Documents, or now or hereafter existing at law or in equity. After completion of the Work by the exercise of any one or more of the above remedies and 7 acceptance of the Work by Architect and payment therefor by Owner, Contractor shall promptly pay Subcontractor any balance of the Price. Except as limited by this Subcontract, Subcontractor shall have the rights and remedies available at law or in equity for a breach of this Subcontract by Contractor. Any default by Contractor shall be deemed waived unless Subcontractor shall have given Contractor written notice thereof within 7 days after the occurrence of such default. Subcontractor shall not be entitled to stop the Work or terminate this Subcontract on account of Contractor's failure to pay an amount claimed due hereunder (including changed or extra work) so long as Subcontractor shall not have adequately substantiated the amount due or so long as a good faith dispute exists as to the amount due. Subcontractor shall not be entitled to stop the Work on account of a default by Contractor unless such default shall have continued for more than 7 days after Contractor's receipt of written notice of such default from Subcontractor. 22. Disputes. In the event of any dispute between Subcontractor and Contractor arising under or relating to this Subcontract, or the breach thereof, which involves the correlative rights and duties of Owner, the dispute shall be decided in accordance with the Contract Documents, and Subcontractor, and its sureties, shall be bound to Contractor to the same extent that Contractor is bound to Owner by the terms of the Contract and by any decisions or determination made under the Contract Documents by any authorized person, board, court, or other tribunal. Subcontractor shall be afforded a reasonable opportunity to present information and testimony involving its rights and shall have the duty to cooperate with Contractor. The pendency of a dispute shall not interfere with the progress of the Work by Subcontractor nor limit the right of Contractor to proceed, in good faith, to remedy an alleged default by Subcontractor. 23. Notices. All written notices provided for in this Subcontract shall be deemed given only when personally delivered, given by facsimile with written confirmation copy following, or mailed postage prepaid to the parties at the addresses set forth on page 1 of this Subcontract. Each party may, from time to time, by notice as herein provided, designate a different address to which notices to it shall be sent. 24. inspection of Site. Subcontractor acknowledges that its authorized representatives have personally inspected the Project site and satisfied itself as to the physical condition thereof and the locally prevailing labor, transportation, utilities, weather, and storage conditions. 25. Special Conditions. This Subcontract is subject to the following special conditions: 26. General. (a) All matters relating to the validity, performance, or interpretation of this Subcontract shall be governed by the law of the State of Florida. Venue for all matters arising from this Subcontract shall be in Pinellas County, Florida. (b) As regards the subject matter hereof, this writing including documents incorporated herein by reference, constitutes the entire agreement between the parties. (c) This Subcontract and the Contract Documents are intended to supplement and complement each other and shall where possible be thus interpreted. If, however, any provision of this Subcontract irreconcilably conflicts with a provision of the Contract Documents, the provision imposing the greater duty on the Subcontractor shall govern. (d) This Subcontract shall not be modified or amended in any way except (i) by writing executed by both parties or (11) as otherwise expressly provided herein. (e) This Subcontract shall be binding upon and shall inure to the benefit of the parties hereto and their heirs, successors and assigns. (f) Where the context requires, the neuter shall include the masculine and feminine and the singular shall include the plural, and vice versa. (g) The Price shall not be increased or decreased on account of any changes in costs of any materials or labor on account of changes in any governmental statutes or regulations, including, but not limited to, those relating to the payment of taxes. (h) The prevailing party shall be entitled to recover reasonable attorney's fees in any action arising from or related to this Subcontract, including arbitration and appellate proceedings. (i) If Contractor from time to time furnishes a crane, hoisting equipment or other machinery or equipment, with or without an operator, for Subcontractor's exclusive use, then Subcontractor shall at all times furnish adequate and competent supervision and direction therefor and shall be fully liable and responsible for safe and proper care, use and custody of such machinery or equipment. 8 IN WITNESS WHEREOF, the parties have duly executed this Subcontract, in duplicate, as of the date set forth on page 1 hereof. ATTEST: Contractor: BRANDON CONSTRUCTION COMPANY GENERAL CONTRACTORS, INC. By 'um..'( lI :'1//, .t Project Manager, ' ob Pia X% Subcontractor: Clearwater Gas System City of Clearwater, FL By Title: Jennifer Poirrier, City Manager 9 Jenriifer Pbirrie City Manager Approved as to form: Attest: 4/a Michael P. Fuino Senior Assistant City Attorney Rosemarie CaII City Clerk EXHIBIT A: Scope: Nat Gas Piping/Equipment Subcontractor: Clearwater Gas System Project: Hess Residence Complete labor, materials, tools, equipment, licenses, permits, fees, fines, taxes, insurance, and all other items needed for a complete scope of work, in strict accordance with the plans, specifications, and addenda as prepared and issued by: BeharPeteranecz and their consultants as listed in "Exhibit B: Enumeration of Contract Documents" attached and in strict compliance with all applicable building codes, including but not limited to: SCOPE: Except as noted otherwise, this Contract includes the entire Scope of Work and shall be completed exactly with no deviations and/or substitutions unless directed otherwise. Complete labor, materials, equipment & supervision for the following items, including but not limited to: Quantity MODEL & DESCRIPTION Rough From 2# meter outside of boundary wall, pipe 150' U/G to right side of house, set risers @ P/H & house piping location. Pipe 2# line through builder supplied core hole through column, along ceiling to 2nd core hole through steel pan floor. Continue 2 # through 2nd floor ceiling to W/Hs location in storage room, pipe down wall, set reg. Set 2 tees for W/Hs, pipe back to ceiling to laundry room for DRYER. Pipe 2# line through wall @ core hole for GEN. Set reg. station, pipe in ® 8"w.c. to C/r, BBQ, F/P, Space Heater. Work with Job Super for 2" PVC venting/fresh air in storage room for indoor water heaters. Use Norgas reg. under W/Hs w/ vent limiter. Deliver & install 2 W/Hs. Connect venting. Tie in meter to iJ/G and risers to house piping. Connect appliances if ready. Make final gas connections to C/T, GRILL, DRYER, P/H, GEN. Leave Space Heater capped for future. Leak check for turn on & final inspections. 2 Navien NPE240A2 "recirculating" CONDENSING tankless water heater and valve kits Special Instructions: *CGS to add to builder's permit. Gas is added to builder's permit. CGS will supply drawings, ISO & tables as needed. *Builder to core drill through concrete block to access gas piping locations. *Builder's plumber to connect all water/drain lines to tankless water heaters. *Builder's electrician to supply/connect 120v/12v for water heaters and bond gas piping as needed. *Builder's HVAC sub to supply/install fresh air for laundry room as needed. *For scheduling, please call CGS Installation Dept. @ 727-444-8956 *Quote valid for 5 trips. Additional trips to be billed at $250 per trip. Trips included: U/G & interior roughs, w/h trim, final trim. *To schedule gas turn on after final gas inspections have passed, call Clearwater Utility Customer Service @ 727-562-4600 option 3 *Custotner agrees not to fence / gate in gas meter - Clearwater Gas requires 24/7 access to meter. 10 • It is the responsibility of this Contractor to: o Provide safe working conditions. o Meet OSHA Safety Compliance. o Meet Noise and Light Ordinances, or any other work hour or workday restrictions ■ This subcontract supersedes and voids all other previous proposals, quotes, or agreements. ■ Project Schedule/Work Week: o Contractor is responsible for maintaining the BCC Project Schedule included as Exhibit C. Should the Contractor fall behind this schedule due to the Contractor's own fault, all necessary labor and materials to regain any lost time shall be the sole responsibility of the Contractor. o All necessary labor and materials to maintain and meet all project deadlines as outlined in the BCC project schedule is wholly included in this subcontract. • Failed Inspections: o All fees accrued as a result of any failed inspection or re -inspection at the fault of the Contractor shall be paid by the Contractor. ■ Warranty: o The Contractor shall provide to the Owner a one (1) year warranty for the building as to the Work being in accordance with the Contract Documents and free from defects. All clean-up of Subcontractor's waste material, scrap materials, supplies and materials shall be kept orderly and neatly on site as directed by Brandon Construction Company management team. One year workmanship warranty and manufacturer's warranty included unless specified otherwise, whichever is greater. All subcontractor trade permits as required by the jurisdiction. All protection of completed or work -in -progress is the Subcontractor's responsibility. Coordinate all work in timely manner with Brandon Construction Company management team and Brandon Construction Company's Construction Schedule. Prior to beginning work, Subcontractor agrees to: a) Sign and return this Subcontract Agreement to Brandon Construction. b) Submit a current Certificate of Insurance in not less than the limits specified. c) Submit a schedule of values for Contractor's review and approval no later than twenty (20) calendar days of the date of this subcontract unless directed otherwise. No payments will be made until schedule of values is submitted and approved. d) Deliver to Brandon Construction's main office, all submittals required for approval. Submittals shall be in the quantities specified and shall include all shop drawings, catalog cut sheets, manufacturers' product data, color charts, samples, etc. and shall be accompanied by an itemized Transmittal Letter and delivered to Brandon Construction within ten (10) working days of the date of this subcontract unless directed otherwise. During the course of the work, Subcontractor agrees to: a) Comply with all applicable local, state and Federal safety requirements. b) Coordinate work of this Subcontract with the work of other trades and with project Superintendent in a timely manner. c) Clean up all debris created by Subcontractor's work at the end of each workday and at the completion of Subcontractor's scope of work. A dumpster will be provided by Contractor. d) Beginning with the second request for payment, Subcontractor will provide Partial Waivers of Lien. 11 e) Subcontractor will notify Contractor of any conflicts and/or discrepancies, including written notice of existing conditions, etc. hindering or preventing completion of Subcontractor's work. f) Any approved alterations will be handled with a change order. g) Any red tag fees will be paid by sub -contractor. Upon completion of the work, Subcontractor agrees to: a) Deliver to Brandon Construction's main office, all applicable as -built drawings to show any variances in the work installed versus the work as detailed or specified. b) Deliver to Brandon Construction's main office, all warranties and guarantees, in the quantities specified, as are required by the Contract Documents. c) With the final request for payment, Subcontractor will provide a Final Waiver of Lien in the total amount of the final/adjusted Subcontract Amount. 12 SUBCONTRACTOR'S INSURANCE AFFIDAVIT State and/or Local Governing Agency LICENSE # Job Name: Hess Residence STATE OF FLORIDA COUNTY OF Before me, the undersigned, after first being duly sworn, deposes and says: 1. He/she ("Affiant") is the of Clearwater Gas System, ("Subcontractor") and is authorized to give this affidavit on behalf of Subcontractor to Brandon Construction Company General Contractors, Inc. ("Contractor"). 2. Subcontractor acknowledges that it has entered into a subcontract ("Subcontract") with Contractor and gives this affidavit to Contractor pursuant to paragraphs 10 and 13 of the Subcontract. 3. Subcontractor has attached the required Certificates pursuant to paragraph 13 of the Subcontract. 4. Subcontractor certifies that the following constitutes all Sub -Subcontractors engaged by Subcontractor to perform work under the Subcontract: 5. Attached hereto are the certificates of each Sub -Subcontractor evidencing proof of liability and worker's compensation insurance as required under the Subcontract. 6. Subcontractor certifies to Contractor that it will insure that each Sub -Subcontractor engaged by Subcontractor to perform work under the Subcontract shall produce satisfactory evidence of current and valid liability insurance and worker's compensation insurance as required by law and as required under the Subcontract, or alternatively be included within Subcontractors insurance policies, before it shall allow such Sub - Subcontractor to perform work under the Subcontract. 7. Subcontractor understands that Contractor is relying upon this affidavit as a precondition of Contractor allowing Subcontractor and its Sub -Subcontractors to perform work under the Contract. Dated 7/31/2024 (SIGNATURE) Sworn to and subscribed before me this day of , 202 . Affiant is personally known to me or produced , as identification. Notary Public 13 Brandon Construction Company GENERAL CONTRACTORS, INC. 555 Palm Harbor Blvd, Palm Harbor, FL 34683 P: (727)-784-6378 F: (727)-789-3498 PROJECT NAME & NUMBER: Hess Residence #A2307 PROJECT ADDRESS: 880 Gulf Blvd. Belleair Shore, FL 33786 PROJECT MANAGER: Rob Piazza CONTACT INFO: Rob@BrandonConstruction.com — 727-871-1155 SUPERINTENDENT: Kyle Huff CONTACT INFO: Kyle@BrandonConstruction.com — 727-482-3395 ACCOUNTING & BILLING CONTACT: Jenny Smith PLEASE EMAIL ALL PAY APPLICATIONS TO Jenny@brandonconstruction.com INSURANCE CERTIFICATE CONTACT: Noni Stea noni@brandonconstruction.com 14