LAND-RON, INC.
SUBCONTRACTOR AGREEMENT
LAND-RON, INC.
Address Reply to: 6753 Kingspointe Parkway – Suite 109
Orlando, FL 32819
SUBCONTRACT No.
SUBCONTRACTOR _____________________
SUBCONTRACTOR ___________________________________________
ADDRESS _____________________________________
OWNER
PROJECT: ________________________________________
Address:_________________________________
________________________________________
This Subcontractor Agreement (hereinafter, “the Agreement”), made this ____ day of _______, 20__, shall govern the entire relationship between LAND-RON, INC (hereinafter, “The Contractor”), and __________________. (hereinafter, “The Subcontractor”).
SECTION 1: INDEPENDENT CONTRACTOR
It is expressly understood and agreed that neither Subcontractor nor any Subcontractor’s employees, agents, subcontractors, or material suppliers are in any way employed or agents of Land-Ron, Inc.: that Subcontractor is in every respect a contractor solely independent of Land-Ron, Inc.: that Subcontractor is solely responsible for maintaining Workman’s Compensation and Liability insurance on and for the benefit of Subcontractor’s employees, agents, and subordinate project participants; that Subcontractor has a valid and existing Federal Employers Identification Number, separate and distinct form that of Land-Ron, Inc.; and that the Subcontractor is solely responsible for paying wages, salaries, overtime and all other compensation to Subcontractor’s employees, agents and subordinate project participants, and for making federal tax withholding payments, Social Security contributions, unemployment compensation payments, and other employment benefit payments, however defined or described, and for all of which Land-Ron, Inc. shall not have and does not have any responsibility whatsoever. 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, material, and equipment utilized in connection therewith and if applicable, expressly including all sales, use, person, excise, unemployment, payroll, federal and state taxes. Subcontractor upon request of Contractor shall furnish satisfactory evidence of such payments.
Contractor and Subcontractor intend this Agreement shall be applicable to each and every change order, work directive, contract and oral instruction between Contractor and Subcontractor, whether expressly referenced in such order, directive, contract or instruction or not.
Subcontractor aggress to be solely responsible for (WHERE APPLICABLE) submitting all documents such as construction drawings, construction approval, and signed and scaled engineering documents to appropriate building departments for the purpose of obtaining building permits and required inspections and re-inspections.
SECTION 2: THE SCOPE OF WORK
The Subcontractor shall perform all the work specified in the scope of work evidenced attached hereto as Exhibit “A” in a good and workmanlike manner and (WHERE APPLICABLE) all permits, construction documents, labor, materials, tools, equipment, supervision and services necessary to prosecute and complete work identified in said purchase order is completed. Time is of the essence and Subcontractor agrees that work be completed on or before date specified in the attached schedule. All work performed shall meet all applicable Federal, State of Florida, and Local jurisdiction statues, laws, rules, regulations, and building code requirements. Subcontractor affirms he has examined all documents attached to the Agreement, visited the project site and agrees not to plead unfamiliarity with any documents, codes or requirements in connection with any work or dispute which may arise in connection with any claim for extra compensation.
SECTION 3: EXECUTION AND PROGRESS OF THE WORK
3.1 The Subcontractor shall supervise and direct the Subcontractor’s Work, and shall cooperate with the Contractor in scheduling and performing the Subcontractor’s work to avoid conflict, delay in or interference with the Work of the Contractor, other subcontractors or Owner’s own forces.
3.2 The Subcontractor shall appoint a person known as the “Subcontractor Representative” to keep direct communication with Contractor’s supervisors and Project Manager. The
Subcontractor Representative shall have the authority to make decisions regarding issues presented during the project.
3.3 The Subcontractor shall promptly submit Shop Drawings, Product Date, Samples and similar submittals required by the Subcontract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Contractor or other subcontractors.
3.4. The Subcontractor shall submit to the Contractor a schedule of values allocated to the various parts of the Work of this Subcontract, aggregating the Subcontract Sum, made out in such detail as the Contractor and Subcontractor may agree upon or as required by the Owner, and supported by such evidence as the Contractor may required. In applying for payment, the Subcontractor shall submit statements based upon this schedule.
3.5. The Subcontractor shall furnish to the Contractor periodic progress reports on the Work of this Subcontract as mutually agreed, including information on the status of materials and equipment which may be in the course of preparation, manufacture or transit. The Subcontractor shall meet the schedule requirements at all times. The Contractor is not responsible for paying overtime if work is not met according to the schedule.
3.6 The Subcontractor agrees that the Contractor and the Architect will each have the authority to reject Work of the Subcontractor which does not conform to the Contract Agreement. The Architect’s decisions on matters relating to aesthetic effect shall be final and binding on the Subcontractor if consistent with the intent expressed in Contract Agreement.
3.7 The Subcontractor shall take necessary precautions to protect properly the Work of other subcontractors from damage caused by operations under this Agreement.
3.8 The Subcontractor shall comply with the Working Hours Code executed by the Owner and Contractor. Available hours to work are from 08:00 AM to 08:30 PM. Subcontractor also agrees to follow the Quite Hours Code. Quite hours will be from 5:00 PM to 9:00 AM.
3.9 The Subcontractor shall cooperate with the Contractor, other subcontractor and the Owner’s own forces whose Work might interfere with the Subcontractor’s Work. The Subcontractor shall participate in the preparation of coordinated drawing sin areas of congestion, if required by the Agreement, specifically noting and advising the Contractor of potential conflicts between the Work of the Subcontractor and that of the Contractor, other subcontractors or the Owner’s own forces.
SECTION 4: PRICING AND PAYMENT
Pricing and payment is subject to all other provision of this contract.
4.1 The Contractor shall pay the Subcontractor in current funds for performance of the Subcontract Agreement the Subcontract Sum of _______________Dollars ($ ), subject to additions and deductions as provided in the Subcontract Documents.
4.2 The Contractor shall pay Subcontractor for proper and full performance of work as set forth in this Contract Agreement.
4.3 No payment by Contractor shall be construed to be an acceptance of any defective work. An acceptable pay application for payment must be submitted (EVERY TWO WEEKS) every other Sunday, this payment will be received by Subcontractor on the following Thursday, payment schedule will be supplied to Subcontractors by Land Ron, Inc. Accounting Department.
4.4 The retainage for each pay application will be 10% of the total requested amount. Retainage and any other balance of the Contract Amount shall be payable thirty (30) days (or within such shorter period specified by applicable law, statute or regulation) after the work under this Agreement has been completed and accepted by the Owner and Contractor and following approval by the Contractor of the final application for payment, and settlement of all claims, if any, under this Agreement, provided that Subcontractor has fully performed all of its obligations hereunder.
4.5 Partial Lien Waivers will be required from Subcontractors, suppliers, and other vendors. Before paying any amount due to the Subcontractor as provided hereinabove, the Contractor is hereby authorized to deduct therefrom and offset an amount equal to any and all sums or obligations owing by the Subcontractor to the Contractor and costs necessary to complete the work to be performed under this Subcontract, and any and all claims liquidated or unliquidated, by the Contractor against the Subcontractor, arising hereunder, under any other contract or agreement between the Subcontractor and the Contractor or from any other liability or obligation of the Subcontractor to the Contractor whether under this Subcontract Agreement or otherwise.
4.6 Final Payment, constituting the entire unpaid balance of the Subcontractor Sum, shall be made by the Contractor to the Subcontractor when the Subcontractor’s Work is fully performed in accordance with the requirements of the Subcontract Documents, the Architect has issued a certificate for payment covering the Subcontractor’s completed Work and the Contractor has received payment from the Owner and all Final Lien Waivers have been signed and submitted to the Contractor. If, for any cause which is not the fault of the Subcontractor, a certificate for payment is not issued or the Contractor does not receive timely payment or does not pay the Subcontractor within ten (10) working days after receipt of payment form the Owner, final payment to the Subcontractor shall be made upon demand.
SECTION 5: CHANGES
Contractor may, without invalidating the Subcontract, order additional work, deletions, or other modifications to the work. Change orders are only valid if signed by the Project Director and/or Project Manager of the Contractor. CONTRACTORS SUPERINTENDENT DOES NOT HAVE THE AUTHORITY TO SIGN CHANGE ORDERS. Any work performed without a properly executed change order will not be paid.
SECTION 6: ASSIGNMENT
Subcontractor shall not assign, transfer or otherwise dispose of this Subcontract Agreement, nor assign any part or monies due, except with prior consent of Contractor.
SECTION 7: INDEMNITY
Subcontractor agrees to defend, indemnify and hold harmless Contractor, Architect, Owner and their agents and employees from and against any claim, cost, expense or liability (including loss of use thereof), caused by, arising out of, resulting from or occurring in connection with the performance of the work performed by subcontractor, its subcontractors, or their agents or employees, whether or not caused in part by the active or passive negligence or other fault of a party indemnified hereunder, provided however. Subcontractor’s duty hereunder shall not arise if such injury, sickness, disease, death, damage or destruction is caused by sole negligence of a party indemnified hereunder.
Subcontractor’s obligation hereunder, shall not be limited by the provisions of any Workers Compensation and Liability or similar act. Should Owner or any other person assert a claim or institute suite, action or proceeding against Contractor involving the manner of sufficiency of the performance of the work, Subcontractor shall upon request of Contractor promptly assume the defense of such claim, suit, action or proceeding at Subcontractors sole expense, and Subcontractor shall indemnify and hold harmless Contractor and its agents and employees from and against any liability, loss, damage or expense.
SECTION 8: SUBCONTRACTOR INSURANCE
Subcontractor shall maintain throughout the term of this subcontract and pay for insurance coverage of the types below and with the maximum limits set forth as minimum insurance limits. Subcontractor shall name Land-Ron, Inc. as an additional insured under their general liability policy. Each policy of insurance requires shall provide thirty (30) days of notice to Contractor prior to cancellation.
A. WORKERS COMPENSATION
Including Occupational Disease insurance meeting the statutory requirements of the State in which work is to be performed together with a Broad Form All States 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. Workers Compensation shall waive the rights of subrogation in favor of all additional insureds.
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 LAND_RON, INC as an "additional insured" form CG2010 11/85 or equivalent – meaning the additional insured coverage form to include work in progress and completed operations. PLEASE PROVIDE COPY OF THE ADDITIONAL INSURED FORM.
The CGL must be written on an occurrence basis, with minimum limits of:
Each Occurrence $1,000,000
General Aggregate - Per Project $2,000,000
Products and Completed Operations Aggregate $2,000,000
Personal/Advertising Injury $1,000,000
Fire Damage $100,000
Medical Payments $5,000
C. COMPREHENSIVE AUTOMOBILE LIABILTY
On occurrence basis covering all Owned, Non-Owned and Hired Vehicles for limits of liability equal to $1,000,000 Combined Single Limit.
D. 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.
SECTION 9: 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, personal, excise, unemployment, payroll, federal and state taxes. Subcontractor, upon request of Contractor, shall furnish satisfactory evidence of such payments.
SECTION 10: BADGING / SECURITY ID
Subcontractors may be required to obtain Security Picture ID Badges.
SECTION 11: PARKING AND TRANSPORTATION
N/A
SECTION 12: SAFETY PRECAUTIONS
12.1 The Subcontractor shall take reasonable safety precautions with respect to performance of this Subcontract, shall comply with safety measures initiated by the Contractor and with applicable laws, ordinances, rules, regulations and orders of public authorities for the safety of persons and property in accordance with the requirements of the Contract Agreement. The Subcontractor shall report to the Contractor within three (3) days an injury to an employee or agent of the Subcontractor which occurred at the site.
12.2 If hazardous substances of a type of which an employee is required by law to notify its employees are being used on the site by the Subcontractor, the Subcontractor’s Sub-subcontractors or anyone directly or indirectly employed by them, the Subcontractor shall, prior to harmful exposure of any employees on the site to such substance, give written notice e of the chemical composition thereof to the Contractor in sufficient detail and time to permit compliance with such laws by the Contractor, other subcontractors and other employers on the site.
SECTION 13: CLEANING UP / TRASH REMOVAL
Subcontractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations performed under this Subcontract. The Contractor shall not be held responsible for unclean conditions caused by other contractors or subcontractors. Subcontractor will be required to dispose of its trash and rubble on a daily basis at the end of each workday. Subcontractors will be able to use Contractor provided dumpsters located at _______________________If Contractor has to perform a cleanup of Subcontractor trash or rubbish or if Contractor is back-charged for cleanup of Subcontractor trash or rubbish it will be passed on to Subcontractor in the way of a back-charge to Subcontractor.