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MC-15-2345 Inspection Worksheet Miami Shores Village 10050 N.E. 2nd Avenue Miami Shores, FL Phone: (305)795-2204 Fax: (305)756-8972 Inspection Number: INSP-243531 Permit Number: MC-9-15-2345 Scheduled Inspection Date: October 28, 2015 Permit Type: Mechanical - Commercial Inspector: Perez,JanPierre Inspection Type: Final Owner: , Work Classification: Addition/Alteration Job Address:9055 BISCAYNE Boulevard Miami Shores, FL 33138- Phone Number Parcel Number 1132060110051-55 Project: <NONE> Contractor: QUAMEC CORP Building Department Comments REPLACE 2 RTV'S AT EXISTING LOCATIONS Infractio Passed Comments INSPECTOR COMMENTS False Inspector Comments Passed Failed Correction ❑ Needed Re-Inspection ❑ Fee No Additional Inspections can be scheduled until re-inspection fee is paid. October 28,2016 For Inspections please call: (305)762-4949 Page 13 of 53 y er � • $r Miami Shores Village yp8.' laotanlcat-Cornrnert; l , 10050 N.E.2nd Avenue Wb*Classif"Van.Addition/Alteration a... Miami Shores,FL 33138-0000 Per, Jt ;,�' Permit St&tys.APPROVED `tion Phone: (305)795-2204 LMMMOMM"w6m , --- ,�-,, IExpiration: 04/0 / 1 1� 01 Project Address Parcel Number Applicant 9066 BISCAYNE Boulevard 1132060110051-55 SHORE SQUARE PROPERTIES I Miami Shores, FL 33138- Block: Lot: Owner Information Address Phone Cell SHORE SQUARE PROPERTIES LLC 9055 BISCAYNE BLVD. Contractor(s) Phone Cell Phone Valuation: $ 14,900.00 QUAMEC CORP __..... Total Sq Feet: 00 Tons: Available Inspections: Additional Info: Inspection Type: Classification:Commercial Ventilation Approved:In Review Final Comments: Date Approved::In Review Rough Date Denied: Type of Work:REPLACE 2 RTV'S AT EXISTING LOC Rough Duct Scanning:3 Review Mechanical Duct Detector Test Fees Due Amount Pay Date Pay Type Amt Paid Amt Due CCF $9.00 DBPR Fee Invoice# MC-9-15-57092 $7.82 09/15/2015 Check#:2174 $50.00 $520.14 DCA Fee $7.82 Education Surcharge $3.00 10/07/2015 Check#:3367 $520.14 $0.00 Permit Fee $521.50 Scanning Fee $9.00 Technology Fee $12.00 Total: $570.14 In consideration of the issuance to me of this permit, I agree to perform the work covered hereunder in compliance with all ordinances and regulations pertaining thereto and in strict conformity with the plans,drawings,statements or specifications submitted to the proper authorities of Miami Shores Village. In accepting this permit I assume responsibility for all work done by either myself, my agent, servants, or employes. I understand that separate permits are required for ELECTRICAL,PLUMBING,MECHANICAL,WINDOWS,DOORS,ROOFING and SWIMMING POOL work. OWNERS AFFIDAVIT: I certify that all the foregoing info on is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. Futhermore, I authorize the abov med o tractor to do the work stated. October 07, 2015 Authorized Signature:Owner / Applicant on a Agent Date Building Department Copy October 07,2015 1 ` Miami Shores Village SEP 16 2015 Building Department BY: 10050 N.E.2nd Avenue,Miami Shores,Florida 33138 Tel:(305)795-2204 Fax:(305)756-8972 INSPECTION LINE PHONE NUMBER:(305)762-4949 FBC 20 BUILDING Master Permit No.00 / �- 21 7 7 PERMIT APPLICATION sub Permit No.aC L5 —2.2,.=3. ❑BUILDING ❑ ELECTRIC ROOFING ❑ REVISION ❑ EXTENSION RENEWAL ❑PLUMBING 4 MECHANICAL ❑PUBLIC WORKS ❑ CHANGE OF ❑ CANCELLATION ❑ SHOP CONTRACTOR DRAWINGS JOB ADDRESS: gC65 fb�sc np- &d. City: Miami Shores County: Miami Dade Zip: 3330 Folio/Parcel#: Is the Building Historically Designated:Yes NO Occupancy Type: Load: .946 Construction Type: II Flood Zone: BFE: FFE: OWNER:Name(Fee Simple Titleholder): MA &MaNeaday Phone#:305'69 3-D55 Fcf-107 Address: (10(kp �6ffi I l� �1 City: NAkanf State: T 1, dCk Zip: 1631 U I Tenant/Lesse/e�NNawm�e�: 1ptkr r -yy-pp. ,N is Phone#: -775!7 -1 —5218 Email: 11c DP 111 CONTRACTOR:Company Name: (3.0 o'me L (6,-19 Phone#: -Jo b -33b-b`72f1 Address: (o�( I V J '38e 0 LCL Le )11 140-1 City: `HICtLez--1�- State: Zip: 0-5:3012— Qualifier -530( ZQualifier Name: 6r G 1Rodyi Phone#: -19(o —d"131 (051 State Certification or Registration#: CiAA__--1 qa-'3 Certificate of Competency M DESIGNER:Architect/Engineer:�?.<z.MM ftX'hilfCt Phone#: 757- C,&t ?,MR Address: 1 n Ex-etubyp &Vd 1nu City:allSOLVaKe State:-VK—Zip: 1-3320 Value of Work for this Permit:$ H A l 1 ) Square/Linear Footage of Work: Type of Work: ElAddition M Alteration ❑ New Pg'*Repair/Replace ❑ Demolition Description of Work: !9:X V 1 4z> ak)y Q Specify color of color thru tile: Submittal Fee$ 4�� Permit Fee$ r CCF$ CO/CC$ Scanning Fee$ Radon Fee$ DBPR$ Notary$ Technology Fee$ Training/Education Fee$ Double Fee$ Structural Reviews$ Bond$ TOTAL FEE NOW DUE$ �2 1 (Revised02/24/2014) r Bonding Company's Name(if applicable) Bonding Company's Address City State Zip Mortgage Lender's Name(if applicable) Mortgage Lender's Address City State Zip Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRIC, PLUMBING, SIGNS, POOLS, FURNACES,BOILERS,HEATERS,TANKS,AIR CONDITIONERS,ETC..... OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." Notice to Applicant. As a condition to the issuance of a building permit with an estimated value exceeding$2500, the applicant must promise in good faith that a copy of the notice of commencement and construction lien law brochure will be delivered to the person whose property is subject to attachment. Also,a certified copy of the recorded notice of commencement must be posted at the job site for the first inspection which occurs seven (7) days after the building permit is is ued. In the absence of such posted notice, the inspection will not be approved and a reinspection fee will be charged. Signature )�XrSignature OWNER or AGENT CONTRACTOR The foregoing instrument was acknowledged before me this The foregoing instrument was acknowledged before me this i day of �� Z �C,.20 by day ofk ,20 rJ ,by /1*" T�6�. ,who is personally known to &t. , who is Personally known to me or who has produced as _me or who has produced as identification and who did take an oath. identification and who did take an oath. NOTARY PU LIC: NOTARY PUBLIC: Sign:7L Print: vatc,I LJ'O Print: ( ercuLjyl.2.. �SGr�ii/c�.t Seal: moo` Yp�B�% LUCYCIUU0 al: # * MY COMMISSION#EE 164923 KID 0y P�.,; GERALDINE D'ESCRIVAN EXPIRES:April 19,2016 = •�* Notary Public-State of Florida n�gPcOF F��Q-�31 Sanded Thru Budget Notary Services ;,: ',��'My Comm.Expires Dec 17,2016 9 Jr* APPROVED BY Plans Examiner Zoning Structural Review Clerk (Revised02/24/2014) Y Miami Shores Village Building Department .... MIN 10050 N.E.2nd Avenue Miami Shores, Florida 33138 �y Tel: (305)795.2204 Fax:(305)756.8972 AIR CONDITIONING REPLACEMENT DATA PERMIT NUMBER: MC This form must accompany ALL air conditioning replacement permit applications. Each unit change-out must be on its own data sheet.Multiple units on single sheets are not acceptable. Job Address(where the work is being done): J o� !a1/� uyne 131yd p� City: Miami Shores Village County: Miami Dade Zip Code: 3 313 p ALL CONDENSING UNITS MUST BE ON A 4 INCH SOLID CONCRETE SLAB ALL UNITS MUST COMPLY WITH F.E.M.A MINIMUM FLOOD ELEVATION A COPY OF THE CONTRACT IS REQUIRED WITH ALL SUBMITALS AHRI DATA SHEET REQUIRED Change disconnecting means:YES❑ NO (ARHI Sheet Attached:YES ❑ NO ❑ Contract Attached:YES ❑ UNIT BEING REPLACED DATA NEW UNIT MANUFACTURER �S AHU or PKG. UNIT MODEL# C a �� COND.UNIT MODEL# KW HEAT XV.6V v� NOM TONS \4 �-V% AHU CU PKG 1)M.C.A D AH CU PKG AHU CU PKG 2)M.O.P b 1pp AHU QaU PKG AHU Cu PKG 3)VOLTS Q J AHUZOSCU PKG PKG UNIT / / PKG UNIT Q 'W EER/SEER -la•• YES REPLACING DUCTS YES QNW YES O REPLACING THERMOSTAT YES NO YES NEW 4"CONCRETE SLAB YES ES NO NEW ROOF STANDS NO YES NEW RETURN PLENUM BOX YES 1. Minimum Circuit Ampacity(Wire Size): �"3 Aj-c 2. Maximum Overcurrent Protection (Fuse/Breaker Size): 3. Voltage of Circuit(208/240/480): / 79 4. Size Disconnecting Means: Q0 W lib to eSS►�� NF 1r'r.A`� Contractor's Company Name: Gowykc C Phone: State Certificate or Re ' tion No. Certificate of Competency No. Signature &A6 &2 J� Date:_ 2q, way (Q aliflees signature) (Revised02/24/2014) N/A October 05,2015 MIAMI•DWDE MIAMI-DADE COUNTY - STATE OF FLORIDA ® FM LOCAL BUSINESS TAX RENEWAL 6459044 2015 -2016 APPLICATION RECEIPT:6727607 STATE#CMC1249973 DBA/BUSINESS NAME: BUS.COMMENCEMENT DATE:06/01/2009 QUAMEC CORP SEC TYPE OF BUSINESS BUSINESS LOCATION: MECH GENERAL MECHANICAL CONTRACTOR 2670 W 84 ST 2 HIALEAH,FL 33016 OWNER/CORP. APPLICATION DETAILS QUAMEC CORP FEE AMOUNT PHONE# 305-821-0032 Receipt Fee 30.00 UMSA Fee 0.00 2670 W 84 ST Beacon Council Fee 15.00 HIALEAH,FL 33016 Bingo Permit Fee 0.00 Nightclub Permit Fee 0.00 Multi-Municipal Contractor Fee 0.00 Restricted Contractor Fee 0.00 Library Fee 0.00 NAICS CODE: 238990 Transfer Fee 0.00 Doing Business Without a License Penalty 0.00 Late Penalty 0.00 Collection Cost 0.00 NSF Fee 0.00 Prior Years Due 0.00 Amount Recently Paid - 45.00 TOTAL AMOUNT DUE: 0.00 ................................................................................................................................................................................................................................................................................................................. If no longer in business,please notify us in writing. To pay online go to www.miamidade.aov/taxcollector Review and correct the information shown on this application. To pay by mail, make check payable to: Miami-Dade County Tax Collector A 25%penalty will be assessed to anyone found operating Business Tax without a paid local business tax, in addition to any other 200 NW 2nd Avenue penalty provided by law or ordinance(Sec 8A-176(2)). Miami FL 33128 To pay in person go to: A Certificate of Use and/or City Business Tax 200 NW 2nd Avenue Receipt may also be required. (305)270-4949,fax(305)372-6368 A service fee of not less than$25.00 up to a minimum of 5% will be charged for all returned checks. + RETAIN FOR YOUR RECORDS + ................................................................................................................................................................................................................................................................................................................. MIAMI-DADE COUNTY- + DETACH HERE AND RETURN THIS PORTION WITH YOUR PAYMENT + N/A October 05,2015 STATE OF FLORIDA LOCAL BUSINESS TAX RENEWAL 72707 2015 -2016 APPLICATION III III I III I�II�IIIIIIIIIII I IIIIQIIIII�II RECEIPT 65 BUSINESS LOCATION: 2670 W 84 ST HIALEAH,FL 33016 BUS.COMMENCEMENT DATE:06/01/2009 SEC TYPE OF BUSINESS OWNERICORP. MECH GENERAL MECHANICAL CONTRACTOR QUAMEC CORP 2 APPLICATION IS HEREBY MADE FOR A LOCAL BUSINESS TAX RECEIPT OR PERMIT FOR THE BUSINESS PROFESSION OR OCCUPATION DESCRIBED HEREON.I HAVE BEEN INFORMED OF ALL ZONING RESTRICTIONS IMPOSED ON THIS RECEIPT. I SWEAR THAT THE INFORMATION IS TRUE AND CORRECT. QUAMEC CORP ERIC RODRIQUEZ PRES 2670 W 84 ST SIGNATURE REQUIRED SEE INSTRUCTIONS ABOVE HIALEAH,FL 33016 Please pay only one amount.The amounts due after Sept 30th include penalties per FS 205.053. If Received By Oct 31,2015 Nov 30,2015 Dec 31,2015 Jan 31,2016 Please Pay $0.00 $0.00 $0.00 $0.00 7000000000000000000000006727607201600000004500000000000000 h SEP 14 2015 DOLLAR. TREE STORES, INC. STIPULATED SUM CONTRACT This contract("Contract") is made by and between: CAM Construction Services,Inc. (Contractor Name) 8109 E. MLK Jr. Blvd., Tampa, FL 33619 (Contractor Address) 8136268643 (Contractor Phone Number) 8136268699 (Contractor Fax Number) (the "Contractor") and Dollar Tree Stores, Inc, ("Dollar Tree"or"DTS"). In consideration of the mutual promises herein contained,DTS and the Contractor agree as set forth below: ARTICLE 1 1.1 The Contractor shall perform the entire Work (as said term is defined in paragraph 2.1 infra) described in the Contract Documents (which include the Construction Drawings and Specifications described and set forth on Schedule 1 hereto, any Addendum, -any approved Change Orders, any updated/revised Construction Memos, the SLMt Construction Cost Breakdown, the SLM Construction Timeline and other information reasonably inferable by the Contractor as necessary to produce the results intended by the Contract Documents),for: 6188 (Dollar Tree Store Number) 9055 Biscayne Blvd,Miami Shores, FL 33138 (Store Address) (Purchase Order Number) t"SLM"shall mean DTS'computerized database known as Store Lifecycle Management. Any terms not defined herein shall be ascribed the meanings set forth or referenced in SLM in the location referenced on the last page of this Contract. Documents comprising the Contract Documents not directly attached to this Contract are incorporated by reference herein and are made a part hereof. �C � � vs�� cmc ARTICLE 2 Payment Terms 2.1 DTS shall pay the Contractor for the performance of this Contract for work performed, materials supplied and equipment furnished for a95"- IN, ` lax", " ", `fie$"] type of building (the "Work") for the above referenced store (the "Premises"), subject to additions and deductions as provided in the Contract Documents, the amount of $145662.31 (the "Contract Price"). to be paid pursuant to Addendum # [1 or 21 based-upon the SLM Construction Cost Breakdown submitted by the Contractor. 2.1.1 Any and all changes to the Work shall require written approval by DTS through the submittal and approval of a Scope of Work Directive Form in SLM prior to proceeding with the change in the Work. If the Contractor believes that the change in the Work approved by DTS in the Scope of Work Directive is compensable by DTS to the Contractor as a change order (which change order is an amendment to this Contract, a"Change Order"), the Contractor shall submit a corresponding Change Order Request form in SLM to DTS. Detailed cost breakdowns and cost backup, including unit prices and quantities, to support each Change Order Request must be uploaded by the Contractor into SLM — Change Order Documents and linked to the Change Order Request in order for the Change Order Request to be reviewed. Approval of the Scope of Work Directive does not represent Change Order approval. Only an express approval of a Change Order in writing or in SLM by a DTS Director of Construction (or an officer of DTS) permits a compensable event for the benefit of the Contractor, but in no event shall the percentage of profit on an approved Change Order be greater than the percentage of the profit to which the Contractor is compensated on the Billing Breakdown form for the base (non Change Order) Work under this Contract. 2.2 The Contract Price shall be paid in United States currency upon valid payment requests (interim payment portions of the Contract Price are hereafter referred to as "Progress Payments", and the final payment of the balance on the Contract Price is hereafter referred to as the "Final Payment"; collectively, the "Payments") issued by the Contractor and approved by DTS through SLM or as herein provided. Progress Payments are to be made per the DTS procedures in effect as of the date hereof. 2.3 All payments are subject to holdback in accordance with applicable construction lien legislation. Payments otherwise due the Contractor may be withheld on account of: Work not actually performed, Work not performed to the reasonable satisfaction of DTS according to objective industry standards, Work that is otherwise defective and is not remedied, a construction lien being registered against the Premises, damage by the Contractor to the Premises or to other property of DTS or DTS' landlord or of an adjacent tenant, or failure to make payments properly to the Subcontractors' or otherwise for material supplied, equipment furnished and/or labor performed for or on account of the Work or the Premises. DTS may also withhold and/or offset payments otherwise due to the Contractor under this Contract or for the Premises if the Contractor is in default under another contract with DTS for any other project for labor to be performed,materials to be supplied or equipment to be furnished on behalf of DTS. 2.4 Provided the Contractor is not in default under this Contract for the Premises, or any other contract with DTS for any other store or premises: 2 The term"Subcontractor"shall mean any person or entity retained by the Contractor to perform labor,supply materials or furnish equipment under contract or agreement with the Contractor related to the Work or in any way for the benefit of the Premises. 12-18-12 Page 2 of 7 ' a 2.4.1 Progress Payments shall be made to the Contractor pursuant to DTS' payment procedures as outlined in the attached Addendum#1 &Addendum#2—Payment Procedures. 2.4.2 Final Payment shall be made to the Contractor pursuant to DTS' payment procedures as outlined in the attached Addendum#1 &Addendum#2—Payment Procedures. ARTICLE 3 Schedule,Insurance and Damages 3.1 Following the dates set forth in the schedule of events, the Contractor shall prosecute and complete all Work within the mutually agreed upon schedule, unless an extension of time is granted by DTS pursuant to DTS' revision of the Construction Timeline in SLM. 3.2 DTS' right to recover liquidated damages, if any, specified in the Contract Documents shall not constitute a waiver or substitute for any right of recovery for additional costs incurred by DTS or for any consequential damages sustained by DTS as a result of the Contractor's breach of this Contract. 3.3 The Contractor shall remedy any portion of the Work that fails to conform to the requirements of the Contract or that appears not to be satisfactory or is defective during the progress of the Work, and shall remedy any defects due to faulty materials or workmanship performed or supplied by or on behalf of the Contractor which appear within a period of one(1)year from the date of completion of the Work and final acceptance of the Work by DTS unless the manufacturer of the equipment or material has a warranty for a longer period of time, which warranty period shall supersede the warranty period provided by the Contractor provided such manufacturer's warranty shall be assigned by the Contractor to DTS. The provisions of this article apply to any portion of the Work done by Subcontractors as well as to Work done by direct employees of the Contractor. For materials furnished by DTS as a portion of the Work, the manufacturer will supply a warranty directly to DTS. 3.4 Subject to the terms of DTS's lease for the Premises which may require higher levels of coverage, the Contractor will carry public liability and property damage insurance with carriers reasonably satisfactory to DTS (with a rating of"A" or better by Best's Report), in amounts not less than: $500,000 for property damage; $1,000,000 public liability per occurrence, $2,000,000 in aggregate; $1,000,000 auto liability; and workers compensation at $1,000,000 per accident, $2,000,000 in aggregate with an umbrella policy with a minimum addition coverage of$1,000,000, with endorsements naming DTS and its landlord of the Premises as additional insured thereunder and will provide DTS with certificates of insurance contemporaneous to the execution of this Contract, or no later than three (3) business days prior to start of construction and DTS shall be provided thirty (30) days notice prior to cancellation. Failure to provide such certificates of insurance shall not constitute a waiver by DTS of its right to be an additional insured under the Contractor's aforesaid insurance policies. 3.5 The Contractor must provide Standard Builders Risk Insurance in the lesser of the amount of the Contract Price or $250,000 for the Work and the Premises at a minimum to include materials supplied and equipment furnished (whether such material are supplied and equipment furnished by the Contractor or DTS so long as the materials or the equipment are used by the Contractor for the Work) and labor performed. ARTICLE 4 Default 4.1 In the event of a default by Contractor hereunder, Contractor shall be liable to DTS, in addition to its damages (including consequential damages), for DTS' reasonable legal fees and costs in connection with enforcing its rights under this Contract. 12-18-12 Page 3 of 7 4.2 The Contractor shall hold DTS and its landlord for the Premises harmless from and indemnify them against all liability, including reasonable legal fees, which may arise from and may accrue from the performance of the Work or any obligation of the Contractor or its Subcontractors or any failure of the Contractor or its Subcontractors to perform any Work or obligation provided for in this Contract or for the placing of any construction lien on the Premises (or any other property to which the Contractor or its subcontractors performed services, supplied materials or furnished equipment for DTS' benefit) by the Contractor or any of its subcontractors. 4.3 Should the Contractor neglect to prosecute the Work in accordance with the Contract Documents or fail to perform any provision of this Contract, DTS, after five (5) days' written notice to the Contractor, and its surety, if any, may,without prejudice to any other remedy DTS may have, declare the Contract breached and thereafter complete the Work and make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor or, at DTS' option, may terminate the Contract and take possession of all materials, equipment, appliances at the Premises for DTS' benefits and finish the Work by such means as DTS determines in its reasonable judgment, and if the unpaid balance of the Contract Price is insufficient to pay the cost to complete the aforesaid unfinished Work hereunder, the Contractor shall be responsible to pay the difference to DTS to complete such balance of the Work. 4.4 If (a) a lien is placed on any DTS store, premise or project by the Contractor (or any Subcontractor relating to the Work,the Premises or any other DTS store or premise) or(b)the Contractor fails to make any payment due to any Subcontractor relating to the Work, the Premises or any other premise or store of DTS, then in either of such events, the Contractor will be in default regarding this Contract or any other contract between the Contractor and DTS provided the Contractor: (a) fails to cause such lien to be bonded and removed as of record or discharged as of record within twenty (20) days of notice of such lien to the Contractor by DTS or such shorter period as may be required under DTS' lease of the Premises, or (b) fails to make such missed payment to the Subcontractor within ten (10) days of such notification by DTS of the payment not being made to the Subcontractor. In the event such default(s) are not cured in the time set forth in this paragraph, DTS, at is sole option, may pay such sums required to cure the aforesaid default(s) directly to the affected Subcontractor or third party and deduct such paid amount, and DTS' related costs and expenses, including its reasonable legal fees, from the Contract Price otherwise due to the Contractor. 4.5 A failure by either the Contractor or DTS to insist upon the strict performance by the other of any term or condition of this Contract or to exercise any right or remedy contingent upon a breach thereof shall not constitute a waiver of any such breach of the term or condition of this Contract and the entire Contract shall continue in full force and effect with respect to any then existing or subsequent breach. 4.6 Unless provided elsewhere herein to the contrary, in the event of any legal proceeding arising out of a dispute among the parties with regard to any default, breach or any other matter regarding the provisions of this Agreement, the substantially prevailing party shall be entitled to an award of its reasonable legal fees and court cost and expert witness fees from the non-prevailing party. ARTICLE 5 General Terms 5.1 All Work shall be performed only by individuals duly licensed to perform said Work in the municipality having jurisdiction over the Premises. 12-18-12 Page 4 of 7 t 5.2 This Contract together with the Contract Documents shall embody the entire understanding of the parties in relation to the Work and the Premises and shall supersede all prior discussions and agreements between the parties.The Contract Documents shall be considered to be incorporated by reference into this Contract as if fully rewritten herein. 5.3 Any notice, request, demand or other communication in connection with this Contract shall be in writing and shall be deemed given when received or rejected after such notice shall have been mailed by certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier that provides verification of receipt to the following addresses: If to DTS: Dollar Tree Stores,Inc. Attn: Construction Administration 500 Volvo Parkway Chesapeake,VA 23320 If to Contractor: CAM Construction Services, Inc. Attn: Christine Lemons 8109 E.MLK Jr. Blvd. Tampa,FL 33619 5.4 The Contract and any Addendum modifications, amendments or alterations thereto shall be governed, construed and enforced by and under the laws of the Commonwealth of Virginia and shall be approved by DTS in writing or in electronic form in SLM. Any legal action arising pursuant to this Contract shall be brought in a court of competent jurisdiction in the Commonwealth of Virginia. 5.5 If any term or provision of the Contract, or the application thereof to any person or circumstance, is finally determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the Contract or the application of such term or provision to other persons or circumstances shall not be affected thereby, and each term and provision of the Contract shall be valid and enforced to the fullest extent permitted by law. 5.6 The Contract shall be binding on the Contractor and its Subcontractors and DTS, their successors and assigns, in respect to all covenants and obligations contained in the Contract Documents, but the Contract may not be assigned by the Contractor without the prior written consent of DTS. 5.7 DTS has the right to allow other parties or contractors to perform labor, supply materials or furnish equipment at the Premises for DTS' benefit and the Contractor shall properly cooperate with any such other parties or contractors. 5.8 The Parties hereto represent to the other that they have the requisite authority to execute this Contract. 5.9 The Contractor shall abide by all law, regulations and by-laws and indemnify and hold DTS harmless from its failure to do so. 5.10 This Contract may be signed by facsimile,pdf or other electronic method and shall be treated as originally executed by each Party. 12-18-12 Page 5 of 7 The Contract shall only become binding and effective upon execution by DTS. IN WITNESS WHEREOF.the parties hereto have executed this Contract. CONTRACTOR lex Date:08/28/2015 By: (Authorized Signature) CAM Construction Services, Inc. (Companv Name) Christine Lemons (Print Name) President (Print Title) DOLLAR T E TORES, INC. Date: �� By: < � � Authorized Employee Dollar Tree Stores, Inc. 71m Bennett Vice President of More Design&Construction ,print";rame) (Print Title) /1 Assigned Project Manager L II'roject has not bccr�schcdulcd at the time contra ,aiing signed. 'id Project has been scheduled at the time contract is being signed. 12-18-12 Page 6 of 7 Attachments by Contractor: Must be submitted with Signed Contract Addendum#1 —Payment Procedures Addendum#2—Performance and Payment Bonds Addendum#3 —Maryland Lien Law(MD Projects Only) }�� Contractor's Insurance Certificate—ACORD 25-S—(to be annexed by Contractor on execution)--"- Performance xecutionPerformance and Payment Bond if applicable Contractor Bid Breakdown List of Subcontractors—Form in DTS Billing Package General Contractor's Subcontractor Affidavit—Form in DTS Billing Package Attachments by Dollar Tree Construction Timetable Exhibits SLM Forms located—SLM/Forms Sub-Tab 1. Contractor Bid Breakdown 2. Construction Timetable 3. Tracking Contractor Payments 4. Property Management HVAC Report SLM Workflow—Change Authorization Request(Change Order) 5. Cost Related Change Order Notification Contractor Billing Package Forms located in SLM/Programs/Documents/External GC Documents 6. Application for Payment 7. Application for Payment Continuation Sheet 8. Construction Final Billing Breakdown 9. General Contractor's Partial Waiver,Release of Lien and Release Upon Progress Payment 10. General Contractor's Payment Affidavit 11. General Contractor's Full and Final Waiver,Release of Lien and Release 12. General Contractor's Subcontractor Affidavit 13. List of Subcontractors 14. Subcontractor's Conditional Waiver,Release of Lien and Release Upon Progress Payment 15. Subcontractor's Partial Waiver,Release of Lien and Release Upon Progress Payment 16. Subcontractor's Full and Final Waiver,Release of Lien and Release 17. Store Key Receipt Independent Forms located SLM/Programs/Documents/External GC Documents 18. Dollar Tree Punchlist 19. HVAC Field Inspection Report Schedules 1. Drawings and Specifications as uploaded into SLM. 12-18-12 Page 7 of 7 DOLLAR TREE STORES, INC. ADDENDUM 1 TO STIPULATED SUM CONTRACT PAYMENT PROCEDURES This addendum (Addendum 1) shall be incorporated into and be a part of the Contract. ARTICLE 1 General Payment Requirements 1.1 Progress Payments shall be made to Contractor provided Contractor has delivered to DTS a complete interim Billing Package comprised of(i) a properly executed DTS Application for Payment Form and DTS Application for Payment Continuation Sheet(s), (ii) a DTS General Contractor's Subcontractor Affidavit setting forth the subcontractors for which the Progress Payment is being made, including the associated subcontract amount and billing status for each Subcontractor, (iii) DTS General Contractor's Partial Waiver, Release of Lien and Release Upon Progress Payment, (iv) DTS Subcontractor's Conditional or Partial Waiver, Release of Lien and Release Upon Progress Payment fi om all Subcontractors who furnished equipment, supplied materials or performed labor on the Premises as part of the Work for which a Progress Payment is being requested as outlined herein in Article 2 and Article 3 of the Addendum 1, and (v) other documentation as outlined herein in Article 2 and Article 3 of the Addendum 1. 1.2 Final Payment shall be made to Contractor provided Contractor has delivered to DTS a complete Final Billing Package comprised of (i) a properly executed DTS Application for Payment, and DTS Application for Payment Continuation Sheet(s), (ii) a final copy of DTS General Contractor's Subcontractor Affidavit setting forth the subcontractors for which the Final Payment is being made, included the associated subcontract amount and billing status for each Subcontractor, (iii) DTS General Contractor's Full and Final Waiver, Release of Lien and Release, (iv) DTS Subcontractor's Full and Final Waiver, Release of Lien and Release from all Subcontractors who furnished equipment, supplied materials or performed labor on the Premises as part of the Work as outlined herein in Article 2 and Article 3 of the Addendum 1, and (v) other documentation as outlined herein in Article 2 and Article 3 of the Addendum 1. 1.3 All forms referenced herein shall be on appropriate DTS forms unless otherwise stated and all such forms referenced herein can be found attached to the Contract or in the locations referenced at the end of the Contract in the Attachment section. 1.4 Subcontractors. All requirements herein for inclusion by Contractor of Subcontractors on the DTS General Contractor's Subcontractor Affidavit form, on the DTS List of Subcontractors and for submittal by Contractor of Subcontractor's Conditional or Partial Waiver, Release of Lien and Release rUpon Progress Payment and Subcontractor's Full and Final Waiver, Release of Lien and Release for Subcontractors shall apply to all Subcontractors with a value of an individual Subcontractor's work greater than of Five Hundred Dollars ($500.00). Rev 4/26/13 (9053A/003/01318475:1-CRS) ARTICLE 2 Vanilla Boz Projects 2.1 Payment Installment Amounts. In consideration for Contractor completing the Work, Dollar Tree agrees to pay Contractor in up to two (2) installments for which contractor may apply to DTS as follows provided the full provisions of Articles 1 and 2 herein are completely fulfilled. 2.2 Application for Payment #1 - Upon the entire completion of the Work, including, and completion and acceptance of the completed DTS Construction Punchlist by DTS, and also including the completion of other requirements as noted below, Contractor may apply for 100% of the total Contract Price, including all Change Ordersi approved by DTS, less 10% retainage. 2.2.1 Upload copies into SLM—Store Design & Construction—Final Contract Documents and link to DTS Tracking Contractor Payments form in SLM—AND—mail originals to DTS, Attn: Dept. #600. 2.2.1.1 Application for Payment #1 (DTS Application for Payment form and DTS Application for Payment Continuation Sheet form—Label as "Application#1 — date". Contractor must include Dollar Tree Purchase Order Number on all Applications for Payment. 2.2.1.2 DTS General Contractor's Subcontractor Affidavit form (notarized) for Application For Payment #1 — Label in SLM as "GC's Subcontractor Affidavit —Appl. #F'. ". 2.2.2 DTS Releases of Liens—Upload copies into SLM—Final Project Paperwork and link to tracking Contractor Payments form. (Label as Release of Liens —Appl. #1 in SLM) and mail originals to DTS.Attn: Construction Dept. 2.2.2.1 DTS General Contractor's Partial Waiver, Release of Lien and Release Upon Progress Payment (notarized)—for the total amount billed by the Contractor for all Contractor's Work under Application for Payment#1,less 10%Retainage. 2.2.2.2 DTS Subcontractor's Partial Waiver, Release of Lien and Release Upon Progress Payment (notarized)—from all subcontractors for the amount billed by Contractor for each subcontractor under Application for Payment #1, less 10% Retainage. 2.2.3 Upload copies of the following documents into SLM —Final Project Paperwork and link to Tracking Contractor Payments form in SLM: 2.2.3.1 Completed DTS Construction Punchlist — Accepted by DTS — CPM as 100% complete.—Label in SLM as"Completed Punchlist". 2.2.4 Change Orders — Change Orders approved by DTS may be billed under Application for Payment #1, provided that a corresponding Scope of Work Directive form approved by DTS for each deviation in the Contract Price and a corresponding Change Order approved by DTS for each such deviation are on file in SLM. Please list each Change Order t The reference to Change Order herein shall refer to the SLM Change Authorization Workflow form Change Authorization Request. Rev. 4/26/13 (9053A/003/01318475:i-CRS)2 approved by DTS separately as an individual line item on the DTS Application for Payment Continuation Sheet. Include Contractor's Markup for each Change Order in the line item total for each approved deviation in the Contract Price. 2.3 Application for Payment #2 — Final Billing — Contractor's Work (including Subcontractor's work) to be billed out at 100% completion and 100% of total Contract Price, including Change Orders approved by DTS, less total amount of previous billings. The issuance of a permanent or temporary certificate of occupancy or completion or their equivalent for the Work and the Premises. 2.3.1 Upload copies into SLM — Store Design & Construction— Final Project Paperwork and link to Tracking Contractor Payments form — AND — mail originals to DTS, Attn: Dept. #600. 2.3.1.1 Application for Payment #2 — (DTS Application for Payment for and DTS Application for Payment Continuation Sheet form. Label as "Application #2 - date". Contractor must include Dollar Tree Purchase Order # on all Applications for Payment. 2.3.1.2 DTS General Contractor's Subcontractor Affidavit form (notarized) For Application for Payment#2—Label in SLM as "GC's Subcontractor Affidavit— Appl. #2". 2.3.1.3 Certificate of Occupancy(or Temporary Certificate of Occupancy if Certificate of Occupancy cannot be obtained due to conditions beyond the control of the General Contractor.)—Label in SLM as "C of O"or"Temp. C of O". 2.3.1.4 DTS HVAC Field Inspection Report — Label in SLM as "HVAC Field Inspection Report" 2.3.2 Releases of Liens — Upload copies into SLM — Final Project Paperwork and link to Tracking Contractor Payments form. (Label as Release of Liens—Appl. #2 in SLM) and mail originals to DTS,Attn: Construction Dept. 2.3.2.1 DTS General Contractor's Full and Final Waiver, Release of Lien and Release (notarized) — for the total amount billed by the Contractor for all Contractor's Work under Application for Payment #2 and the Contractor's total Contract Price. 2.3.2.2 DTS Subcontractor's Full and Final Waiver, Release of Lien and Release (notarized) — from all Subcontractors for the amount billed by Contractor for each Subcontractor and the Subcontractor's total charges. 2.3.3 DTS Property Management HVAC Report — Must be completed in SLM by Contractor. Link HVAC Field Inspection Report to the Property Management HVAC Report in SLM. 2.3.4 Change Orders — Additional Change Orders approved by DTS may be billed under Application for Payment#2,provided that a corresponding Scope of Work Directive form approved by DTS for each deviation in Contract Price and a Change Order approved by DTS for such deviation are on file in SLM. List each Change Order approved by DTS separately as an individual line item on the DTS Application for Payment Continuation Sheet. Include Contractor's Markup for each Change Order in the line item total for each such approved deviation in Contract Price. Rev. 4f26/13 {9053A/003/01318475:1-CRS}3 2.3.5 Final Billing Package—Submit originals to DTS,Attn: Construction Dept. 2.3.5.1 DTS Construction Final Billing Breakdown 2.3.5.2 Finalized copy of General Contractor's Subcontractor Affidavit—notarized. 2.3.5.3 DTS General Contractor's Full and Final Waiver, Release of Lien and Release— notarized. 2.3.5.4 DTS General Contractor's Payment Affidavit-notarized. 2.3.5.5 DTS Subcontractor's Full and Final Waiver, Release of Lien and Release for all subcontractors—notarized. 2.3.5.6 DTS -List of Subcontractors. 2.3.5.7 DTS Key Receipt. 2.3.5.8 Original Certificate of Occupancy (Copy will be accepted if original is required to be posted at the store). ARTICLE 3 Landlord Vanilla Bog,Shell,As-Is and Expansion I'Mects 3.1 Payment Installment Amounts. In consideration for Contractor completing the Contractor's Work, Dollar Tree agrees to pay Contractor in three (3) installments for which Contractor may apply to DTS as follows provided the provisions of Articles 1 and 3 herein are completely fulfilled. 3.2 Application for Payment #1 — Partial Completion - Upon the Partial Completion of the Work, defined as the actual percentage of completion of Contractor's Work for Contractor and Subcontractors at the middle point of the Construction Time Line, up to 50% of the Contractor's total Contract Price, including all Change Orders approved by DTS, less 10% Retainage (`Billing#1"). 3.2.1 Upload copies into SLM— Store Design& Construction—Final Contract Documents and link to DTS Tracking Contractor Payments form in SLM—AND—mail originals to DTS, Attn: Dept. #600. 3.2.1.1 Application for Payment #1 DTS Application for Payment form and DTS Application for Payment Continuation Sheet form—Label as "Application #1 — date" Contractor must include Dollar Tree Purchase Order# on all Applications for Payment. 3.2.1.2 DTS General Contractor's Subcontractor Affidavit form (notarized for Application for Payment#1 —Label in SLM as"GC's Subcontractor Affidavit— Appl. #1". 3.2.2 DTS Releases of Liens —Upload copies into SLM—Final Project Paperwork and link to Tracking Contractor Payments form. (Label as Release of Liens - Appl. #1 in SLM) and mail originals to DTS, Attn: Construction Dept. 3.2.2.1 DTS General Contractor's Partial Waiver, Release of Lien and Release Upon Progress Payment (notarized)—for the total amount billed by the Contractor for all Contractor's Work under Application for Payment#1, less 10%Retainage. 3.2.2.2 DTS Subcontractor's Partial Waiver or Conditional waivers (not exceeding 50% of total Subcontractor's contract), Release of Lien and Release Upon Progress Rev. 4/26/13 {4053A/003/01318475:i-CRs)4 Payment from all Subcontractors for the amount billed by the Contractor for each Subcontractor's work under Application for Payment #1, less 10% Retalnaae. 3.2.3 Change Orders — Change Orders approved by DTS may be billed under Application for Payment #1, provided that a corresponding Scope of Work Directive form approved by TATS for each deviation in Contract Price and a corresponding Change Order approved by DTS for each change are on file in SLM. Please list each Change Order approved by DTS separately as an individual line item on the DTS Application for Payment Continuation Sheet. Include Contractor's Markup for each Change Order in the line item total for each approved deviation in Contract Price on the DTS Continuation Sheet. 3.3 Application for Payment #2 - Upon entire completion of the Work, including the issuance of a permanent or temporary certificate of occupancy or completion or their equivalent for the Work and the Premises, and completion and acceptance of the completed Construction Punchlist by DTS, and also including the completion of other requirements as noted below, Contractor may apply for 100% of the total Contract Price, including all Change Orders approve by DTS, less a 10% Retainage. ("Billing#2"). 3.3.1 Upload copies into SLM— Store Design& Construction—Final Contract Documents and link to Tracking Contractor Payments Form—AND — mail originals to DTS, Attn: Dept. #600. 3.3.1.1 Application for Payment #2 — DTS Application for Payment form and DTS Application for Payment Continuation Sheet form. Label as "Application #2 — & date". Contractor must include DTS Purchase Order#on all Applications for Payment. 3.3.1.2 DTS General Contractor's Subcontractor Affidavit form (notarized) for Application for Payment#2—Label in SLM as"GC's Subcontractor Affidavit". 3=31 T)TS Releases of Liens —Upload copies into SLM—Final Project Paperwork and link to Tracking Contractor Payments form (label as Release of Liens - Appl. #1 in SLM) and mail originals to DTS,Attn: Construction Dept. 3.3.2.1 DTS General Contractor's Partial Waiver, Release of Lien and Release Upon Progress Payment (notarized) —for the total amount billed by Contractor for all Contractor's Work under Application for Payment#2, less 10%Retainage. 3.3.2.2 DTS Subcontractor's Partial Waiver, Release of Lien and Release Upon Progress Payment (notarized) — from all Subcontractors for amount billed by Contractor for each Subcontractor under application for Payment #2, less 10% retainage. DTS Subcontractor's Partial Waiver, Release of Lien and Release Upon Progress Payment (notarized) —from all Subcontractors for amount of the conditional waiver signed and submitted with the Application for payment#1 3.3.3 Upload copies of the following documents into SLM—Final Project Paperwork and link to Tracking Contractor Payments form. 3.3.3.1 Completed DTS Construction Punchlist — Accepted by DTS — CPM as 100% complete.—Label in SLM as"Completed Punchlist". Rev. 4/26/13 (9053A/003/01318475:1-CRS)5 3.3.4 Change Orders — Change Orders approved by DTS may be billed under Application for Payment #2, provided that a corresponding Scope of Work Directive form approved by DTS for each deviation in Contract Price and a corresponding Change Order approved by DTS for each such deviation are on file in SLM. Please list each Change Order approved by DTS separately as an individual line item on the DTS Application for Payment Continuation Sheet. Include Contractor's Markup for each Change Order in the line item total for each approved deviation in Contract Price on the DTS Application for Payment Continuation Sheet. 3.4 Application for Payment #3 — Final Billing — Contractor's Work (including Subcontractor's work) to be billed out at 100% completion and 100% of total Contract Price including Change Orders approved by DTS,less net total of previous billings. 3.4.1 Upload copies into SLM— Store Design& Construction—Final Contract Documents and link to Tracking Contractor Payments Form— AND —mail originals to DTS, Attn: Dept. #600. 3.4.1.1 Application for Payment #3 — DTS Application for Payment form and DTS Application for Payment Continuation Sheet form. Label as "Application #3 — & date". Contractor must include Dollar Tree Purchase Order # on all Applications for Payment. 3.4.1.2 DTS General Contractor's Subcontractor Affidavit form (notarized) for Application for Payment#3 —Label in SLM as "GC's Subcontractor Affidavit". 3.4.1.3 DTS HVAC Field Inspection Report — Label in SLM as "HVAC Field Inspection Report". 3.4.1.4 HVAC Test & Balance Report — Label in SLM as "HVAC Test & Balance Report". 3.4.2 DTS Releases of Liens—Upload copies into SLM—Final Project Paperwork and link to Tracking Contractor Payments form. (Label as Release of Liens Appl. #3 in SLM) and mail originals to DTS, Attn: Construction Dept. 3.4.2.1 DTS General Contractor's Full and Final Waiver, Release of Lien and Release notarized— for the total amount billed by Contractor for all Contractor's Work under Application for Payment#3 and the Contractor's Total Contract Price. 3.4.2.2 DTS Subcontractor's Full and Final Waiver, Release of Lien and Release (notarized) — from all Subcontractors for the total amount billed by Contractor for each Subcontractor and the Subcontractor's cost. 3.4.3 DTS Property Management HVAC Report — Must be completed in SLM by Contractor. Link HVAC Field Inspection Report and HVAC Test and Balance Report to the Property Management HVAC Report in SLM. 3.4.4 Change Orders — Change Orders approved by DTS may be billed under Application for Payment #3, but Scope of Work Directives approved by DTS and Change Orders approved by DTS for each deviation in Contract Price must be on file in SLM. Please list each Change Order approved by DTS separately as an individual line item on the DTS Continuation Sheet. Include Contractor's Markup for each Change Order in the line item total for each approved deviation in Contract Price on the DTS Continuation Sheet. Rev. 4/26/13 (9053A/003/01318475:1-CRS)6 3.4.5 Final Billing Package—Submit originals to DTS,Attn: Construction Dept. 3.4.5.1 DTS Construction Final Billing Breakdown. 3.4.5.2 Finalized copy of General Contractor's Subcontractor Affidavit—notarized. 3.4.5.3 DTS General Contractor's Full and Final Waiver, Release of Lien and Release— notarized. 3.4.5.4 DTS General Contractor's Payment Affidavit-notarized. 3.4.5.5 DTS Subcontractor's Full and Final Waiver, Release of Lien and Release for all subcontractors. —notarized. 3.4.5.6 DTS -List of Subcontractors. 3.4.5.7 DTS Key Receipt. 3.4.5.8 Original Certificate of Occupancy. (Copy will be accepted if original is required to be posted at the store) and also uploaded into SLM. ARTICLE 4 New York City Proiects 4.1 Notwithstanding anything to the contrary contained in this Addendum#1,the term Retainage set forth in this Addendum#1 as it pertains to any project to be performed within the borders of the boroughs (Brooklyn, Queens,Manhattan, Bronx, Staten Island) of the City of New York ("NYE Project") shall mean 40%. 4.1.2 With Reference to a NYC Project, certifying the completion of the NYC Project,the Contractor shall obtain and submit to DTS all of the following documents or approvals, at which time,the Retainage shall be reduced to 10%: 4.1.2.1 New York City("NYC") form TRI, if applicable to the NYC Project, signed and completed by a NYC Department of Buildings ("DOB") approved Special Inspection Testing Agency retained by DTS ("Special Inspector"); 4.1.2.2 NYC form TR8, if applicable to the NYC Project, signed and completed by the NYC Project's Special Inspector; 4.1.2.3 NYC form EN2, if applicable to the NYC Project, signed and completed by the NYC Project's Special Inspector; 4.1.2.4 any other NYC required form, applicable to the NYC Project, signed and completed by the NYC Project's Special Inspector; 4.1.2.5 Affidavit or notarized letter certifying installation of carbon monoxide and smoke detectors by a DOB approved installer or inspector; 4.1.2.6 DOB Electrical Inspection' 4.1.2.7 DOB Plumbing Inspection, if applicable; 4.1.2.8 any other required DOB inspection or approval, if applicable; and 4.1.2.9 Final inspection from DTS's NYC Project architect, approving the completion of the NYC Project in accordance with the NYC Project's approved and filed plans. Rev. 4/26/13 (9053A/003/01318475:i-CRS)7 DOLLAR TREE STORES, INC. ADDENDUM 2 TO STIPULATED SUM CONTRACT PAYMENT AND PERFORMANCE BONDS This addendum (Addendum 2) shall be incorporated into and be a part of the Contract. ARTICLE 1 General Summary 1.1 Addendum 1 to this Contract requires the Contractor to submit Partial Releases of Liens and Claims Upon Progress Payments, and Full and Final Releases of Liens and Claims, for the Contractor and all Subcontractors who furnish equipment, supply materials or perform labor on the Premises as part of the Work for which a Progress Payment, or Final Payment, is being requested, as outlined in Addendum 1. ARTICLE 2 Payment and Performance Bond Option 2.1 In lieu of submitting the General Contractor's Partial Waiver, Release of Lien and Release Upon Progress Payment form for Contractor, and the Subcontractor's Partial Waiver, Release of Lien and Release Upon Progress Payment form for Subcontractors, as outlined in Addendum 1, Contractor may, at Contractor's option and Contractor's sole cost, submit a 100% Payment and Performance Bond for the entire Work, including all Subcontractor's work, and for the full amount of the Contractor's Contract Price. The Payment and Performance Bond, in acceptable form, must be submitted along with the Contract and the Bond must be accepted by DTS prior to Contract execution by the Contractor and DTS. In addition, the Contractor must submit a DTS General Contractor's Full and Final Waiver, Release of Liens and Release from the Contractor and a DTS Subcontractor's Full and Final Waiver, Release of Lien and Release from each Subcontractor, with the Contractor's Final Application for Payment and prior to approval of the Final Application for Payment. Originals of the above referenced Releases are to be sent by Contractor to DTS, Attn: Construction Dept. and also uploaded by Contractor into SLM—Final Project Paperwork and linked to the Tracking Contractor Payments form in SLM prior to approval of the Contractor's Final Application for Payment. The Payment and Performance Bond shall be issued by a surety company in a form and with a carrier reasonably acceptable to DTS, with a minimum rating of AA—by A.M. Best Reports. 2.2 In the event that Contractor elects to utilize the Payment and Performance Bond option, and agrees to submit a 100% Payment and Performance Bond, along with the required Full and Final Waivers, Releases of Liens and Releases along with the Application for Final Payment, Contractor agrees to submit all other documents, with the exception of only the Partial Releases of Liens and Claims for Contractor and Subcontractor, that are required for payments as outlined in Addendum 1. 2.3 The cost of the Payment and Performance Bond is to be paid and be borne wholly_ by the Contractor and not added by Contractor to the Contract Price. Rev. 11/1/08{05670/078/01181109:1-RNG} DNYYY Aco CERTIFICATE OF LIABILITY INSURANCE °/; °o ' 15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an AMIMONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED,subiect to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONT CT Laurie Sack Stahl & Associates Insurance, Inc. PHONE (727)391-9791 FAX M0j,(727)393-5623 110 Carillon Parkway ADDnE..laurie.sack@stahlinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# St. Petersburg rL 33716 INSURERA:Southern Owners Insurance Co 10190 INSURED INSURERB:Owners Insurance Co 32700 CAM Construction Services Inc INSURERC:Commerce & industKy Ins Co 8109 $ MaxtIn Luther Xing it INsURERU: INSURER E: Tampa EL 33619 INSURER F: COVERAGES CERTIFICATE NUMBER-CLIS61625972 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVVITI 15STANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER. DOCUMENT WITH RESPECT TO 1MiiCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I SR TYPE OF INSURANCE DLOR POLICY NUMBER POI EFF PO Y EXP LIMITS Lrirm X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO E D 000 7!, CI AlM."ADE -r OCCUR PREMISES(Ea occu mal $ 50, _ 20160037 6/14/2015 6/14/2016 MED ECP Any one arson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY E:1 ECOT 1-1 LOC PRODUCTS.COMP/oP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY O BINEeDt SINGLE LIMIT $ 2,000,000 B ANY AUTO BODILY INJURY(Per person) $ AUTOS LLLOO ED x SCHEDULED 4919725302 6/22/2015 6/22/2016 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ x HIRED AUTOS x AUTOS BFCGL 6 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ WORKERS COMPENSATION x STA ER AND EMPLOYERV LIABili-il' ANY PROPRIETOR/PARTNER/EXECUTPtM YIN N/A E.L.EACH ACCIDENT $ 11000,000 OFFICERIMEMBER EXCLUDED? C (Mandatory In NH) 020735706 6/22/2015 6/22/2016 E.L.DISEASE-EA EMPLOYE $ 1'000'000 X yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POUCY LIMIT $ 1,000,000 Leased Rented Eqpt 20160037 6/14/2015 6/14/2016 Leased/Rented $75,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Project: 6188 Miami Shores, 9055 Biscayne Blvd. , Miami Shores, HZ. Dollar Tree Stores, Inc., and IMC Property Management & Maintenance, Inc., are Additional insured with respects to General Liability per the terms, conditions, and exclusions of the policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Dollar Tree Stores Ino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 500 Volvo Parkway ACCORDANCE WITH THE POLICY PROVISIONS. Chesapeake, VA 23320 AUTHORIZED REPRESENTATIVE Kelly Petzold/SACK '�� I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD iNS{i23(�mansi Dollar Tree Stores, Inc. DTS Biliina Breakdown General Information Date: 8/28/2096 Sq. Ft.: 12,477 P.O. Number. DTS Contract Type: New Special Project(when applicable)Type: Contractor Information Name: I CAM Construction Services,Inc. Project Contact C Lemons Address: 18109 E MLK Jr.Blvd. Phone Number: 813-626-8643 City: ITampa Fax Number 813-626-8699 State,Zip: In.33619 Email Address: I clemons camconstructionservice Project Ir f orriation Property Name: Shores Square Landlord Work: As Is Street: 9055 Biscayne Blvd DTS Project Manager. Charles Gomez City/Town: Miami Shores DTS Project Type(N, R,X): N State,Zip: FL 33138 DTS Store No: 6188 Prepared By: C Lemons DTS Deal No: 9249 Note: Please do not use this form for bids. Revised: 07.20.2012 Dollar Tree Stores, Inc. 1.General Requirements Contract Amount Sales Tax Actual Cost GC Sub-Contr. 101-01 Building Pennft Fees 0.00 101-02 Insurance Fees(Bonds) 0.00 0.00 102-01 GC's Overhead(truck,food,etc.) 6,200.00 6,200.00 102-02 Site Supervisor 9,900.00 9,900.00 0.00 103-01 Miscellancous 0.00 0.00 0.00 Division Totals 16,100.00 0.00 0.00 16,100.00 2. Demolition/Existing Contract Amount Conditions/Sitework GC Sub-Contr. Sales Tax Actual Cost 200-01 Demolition Labor 14,800.00 14,800.00 )C 200-02 Dumpstersrrrash Removal 2,200.00 2,200.00 0,00 201-01 Rework 0.00 201-02 Landscaping 0.00 201-03 Car Park Bumpers 0.00 0.00 202-01 Asphalt Paving(New/Repairs) 0.00 0.00 203-01 Haz-Mat Removal&Disposal 0.00 0.00 204-01 Miscellaneous 0.00 0.00 Division Totals 17,000.00 0.00 0.00 17,000.00 Contract Amount 3.Concrete GC Sub-Contr. Sales Tax Actual Cost 300-01 F)dedor Pads1SidewaQWHC Ramps 0.00 0.00 300-02 4"Interior Floor Stabs 0.00 300-03 Footings&Foundations 0.00 0.00 300..04 Floor Leveling(Ardewl 0.00 0.00 0.00 301-01 Loading Dock-Freight Ramps 0.00 0.00 0.00 302-01 Floor R&R for New Sanitary Lines 2,200.00 2,200.00 0.00 303-01 Miscellaneous 0.00 0.00 Division Totals 2,200.00 0.00 0.00 2,200.00 Contract Amount 4.Masonry GC Sub-Contr. Sales Tax Actual Cost 400-01 Concrete Block(8-12") 0.00 400-02 Face Brick 0.00 400-03 New Door/Wind.Opng's-Labor&Mat 0.00 0.00 0.00 401-01 Miscellaneous 0.00 0.00 Division Totals o.o0 0.00 o.oa o.ao Revised:07.20.2012 Dollar Tree Stores, Inc. Contract Amount 5.Metals GC Sub-Conti-. Sales Tax Actual Cost 500-01 Structural Steel(for Bump) 0.00 Structural Steel(Other) 0.00 0.00 500-02 Miscellaneous Metals 825.00 825.00 500-03 Erection/Installation Labor(Bump) 0.00 Erection/Installation Labor(Other) 0.00 0.00 600-04 Pipe Railings 0.00 0.00 500 05 L-abor&Mat.for RTU Openings 1,998.0n 1,998.00 0.00 501-01 Miscellaneous 0.00 0.00 0.00 Division Totals 2,823.00 0.00 0.00 2,823.00 Contract Amount 6.Carpentry&General Trades Labor GC sub-Contr. Sales Tax Actual Cost 600-01 Install Doors&Hardware 1,250.00 1,250.00 600-02 Gondola Installation-Lab.&Mat. 3,200.00 3,200.00 600-03 Miscal.General Trades Labor 3,000.00 3,000.00 600-04 Checkout Installation-Lab.&Mat. 1,800.00 1,800.00 0.00 601-01 Equipment Rentals 2,100.00 2,100,00 0.00 602-01 Miscellaneous 350.00 350.00 0.00 Division Totals 11,700.00 0.00 0.00 j 11,700.00 1 Contract Amount 7.Thermal &Moisture Protection GC Sub-Contr. Sales Tax Actual Cost 700-01 Insulation(Walls&Ceilings) 0.00 700-02 Exterior Facias&Soffits 0.00 700-03 EIFS(L&M-Insulation&Finish) 0.00 0.00 700-04 Preformed Metal Roofing 0.00 0.00 700-05 Flashing,Gutters,and Downspouts 2,200.00 2,200.00 700-06 Roof Acceswfles 0.00 700-07 Sealants&Caulking 0.00 0.00 0.00 701-01 Miscellaneous 0.00 0.00 Division Totals 2,200.00 0.00 0.00 2,200.00 Contract Amount R. Doors&Windows GC Sub-Contr. Sales Tax Actual Cost 800-01 Aluminum Glass&Glazing 0.00 800-02 Entrance Doors(Auto/Manual) 6,202.00 6,202.00 800-03 Window Black-out Flim 678.00 678.00 0.00 801-01 Miscellaneous 0.00 0.00 Division Totals 6,880.00 0.00 0.00 5,880.00 Revised:07.20.2012 Dollar Tree Stores, Inc. Contract Amount 9. Finishes GC Sub-Contr. Sales Tax Actual Cost 900-01 Interior Metal Studs and Drywall 18,290.00 18,290.00 Exterior Framing(Bump) 0.00 900-02 Acoustical Ceilings 7,000.00 7,000.00 900-03 Fir.Covering-Resilent(Mat.Oniy) 375.00 376.00 Carpet Tiles(Material Only) 0.00 900-04 Labor-Install Carpet 150.00 150.00 Labor Install VCT 475.00 476.00 900-05 Painting(Interior) 3,200.00 3,200.00 Painting(E)terior) 0.00 0.00 0.00 901-01 Miscellaneous 3,300.00 3,300.00 0.00 Division Totals 32,790.00 0.00 0.00 32,790.00 Contract Amount 10. Specialties GC Sub-Contr. Sales Tax Actual Cost 0.00 1001-01 Graphics Package 1,200.00 1,200.00 0.00 1nn1-n3 Toilet Ronm Ar•.r.RssoriRs 37.5.00 375.00 0.00 1002-01 Miscellaneous 275.00 276.00 0.00 Division Totals 1,850.00 J 0.00 0.00 1,860.00 Contract Amount •11. Equipment-Owner's GC still-Conti.. Sales Tax .Actual Cost 1100-01 Gondolas 0.00 1 100-02 OEB's 0.00 1100-03 Checkouts 0.00 1100-04 Bumper/Cart Corral 0.00 1100-05 Compactor 0.00 I1nn-nF Raiar aon Division 11 -For Dollar Tree Use Onl I 1 10 1-0 1 FreezerlCoolrrs,Refrig.Equip. 0.00 1101-02 Refrigeration Installation(L u Ni) 0.00 0.00 1102 01 Miscellaneous u.0u Division Totals 0.00 0.00 0.00 0.00 Contract Amount 12.Voice/Data Systems GC Sub-Contr. Sales Tax Actual Cost 1200-01 Music/Paging System 0.00 0.00 1201-01 Telephone Service To Demark. 0.00 0.00 1202-01 Miscellaneous 0.00 0.00 Division Totals 0.00 0.00 0.00 0.00 Revised: 07.20.2012 Dollar Tree Stores, Inc. Contract Amount 13. Fire Protection GC sub-Contr. Sales Tax Actual Cost 1300-01 Sprinkler Sub-Contractor Labor 0.00 0.00 1300-02 Sprinkler Sub-Contractor Materials 0.00 0.00 1301-01 Alarm Panel(System Cost Only) 0.00 1301-02 Labor&Material to Install System 0.00 0.00 1302 01 Mlzccllaneous 0.00 0.00 Division Totals 0.00 0.00 0.00 0.00 Contract Amount 14. Plumbing GC Sub-Contr. Sales Tax Actual Cost 1400-01 Labor(Water/Sewer) 8,400.00 8,400.00 1400-02 Materials(Water/Sewer) 0.00 0.00 1401-01 Labor-Gas Piping 0.00 1401-02 Material-Gas Piping 0.00 0.00 1402-01 Miscellaneous 0.00 0.00 Division Totals 8,400.00 0.00 0.00 8,400.00 Contract Amount 15.HVAC GC Sub-Contr. Sales Tax Actual Cost 1500-01 New Ductwork 14,900.00 14,900.00 Labor to Fabricate&Install 0.00 Materials to Fabricate&Install 0.00 0.00 1501-02 Existing Ductwork 0.00 Labor to modify as required 0.00 Materials to modify as required 0.00 0.00 ibuz-01 Set New Rooftop Units(L&M) 0.00 1502-02 Refurbish Existing Rooftop Units 0.00 0.00 1502-01 Exhaust Fans 0.00 0.00 1503-01 Building Mgt.System(System Cost) 0.00 0.00 1504-01 Air Balance 0.00 1504-02 HVAC Syst.Com.Fees 0.00 0.00 1505-01 Miscellaneous 0.00 0.00 Division Totals 14,900.00 0.00 0.00 14,800.00 Revised: 07.20.2012 Dollar Tree Stores, Inc. . V Contract Amount 16. Electrical GC Sub-Contr. Sales Tax Actual Cost 1600-01 Labor 20,290.00 20,280.00 1600-02 Materials 0.00 0.00 1600-03 Miscellaneous 0.00 0.00 Division Totals 20,290.00 0.00 0.00 i 20,290.00 Chan a Orders 17. Change Orders GC Sub-Contr. Sales Tax Totals 1700-01 Labor 0.00 1700-02 Materials 0.00 1700-03 Equipment Rental 0.00 1700-04 Miscellaneous 0.00 Division Totals! 0.00 0.00 , 0.00 n on Contract Amount Change Orders GC Sub-Contr. GC Sub-Con—trd Sales Tax I Totals D!vislons 1-17 Totals, 136,133.00 1 0.00 0.00 0.00 0.00 136,133.00 GC Profit% 7.001/6 9,b29.31 Subtotal 148,662.31 Add Sales Tax per State Regulators*or Canada PST 0.00%[- 0.00 *(not Included in above line Item breakdowns&without mark-up) Canada GST 0.00% 0.00 Canada HSTJ 0.00%u 0.00 Total 146662.31 Less Advance0 Total 146862.31 Less 10%for Missing Documentation(When Applicable) 0.00 Time Required to Perform Work 6 weeks Total 145,662.31 Contractor Signature Dollar Tree Stores, Inc. Date: 8/�28/ 0 Date: BY: BY: (Authorized Signature) Vice President Dollar Tree Stores,Inc. f CAM Construction Services, Inc. (Counpaf iy Name) Assigned Project Manager. Christine Lemons (Print Name) President Print Title Revised: 07.20.2012 Dollar Tree Stores, Inc. General Contractor's Subcontractor Affidavit State Of: (1) Florida Project Name: Dollar Tree 6188 Miami Shores County Of: (1) Hillsborough JA#: To Whom It May Concern: The undersigned, being duly sworn, deposes and says that it has contracted with(2) CAM Construction Services, Inc,the contractor(or Owner)for the premises known as(3) Dollar Tree Miami Shores. That the total Contract Price including extra is(4)$ 145,662.31 on which it has received total payment of(5),fid for payment applications prior to this payment. That all waivers submitted are true, correct and genuine and delivered unconditionally, and that there is no claim,either legal or equitable,to defeat the validity of said waivers. That the following are the names of all parties who have supplied material, furnished equipment, or performed labor, or all for said'Work and all parties having contracts or subcontracts for specific portions of said Work relating to the construction thereof and the amount due or to become due to each and that the items mentioned include all labor, equiptment and material required to complete said Work according to the plans and specifications: =n IM Acoustics of Central Florida, LLC Acoustical $7,000.00 $0.00 $0.00 $7,000.00 Suncoast Plumbing&Electric, Inc. Plumbing $8,400.00 $0.00 $0.00 $8,400.00 Quamec, Corp. HVAC $14,900.00 $0.00 $0.00 $14,900.00 Quality First Electric SWFL Corp. Electrical $20,290.00 $0.00 $0,00 $20,290.00 Undersigned's portion(eg:fee, self-performed work, general conditions) GC $95,072.31 $0.00 $0.00 $95,072.31 TOTAL(Undersigned MUST complete this line 6 $145,662.31 $0.00 $0.00 $145,662.31 That there are no other contracts for said work outstanding, and that there is nothing due or to become due to any person for material, labor, equipment or other Work of any kind done or to be done upon or in connection with said Work other than. 00ye stated. Signed this 28th day of August,2015 (7) Signature: Title:. r trident Print Na e: Christine Lemons (1)Insert names of state and county where waiver Is executed Company ams CAM Construction Services, Inc. (2)Insert name of party who hired you Notary Signature: (3)Provide location of project by legal description and/or common address If known (4)Insert contract sum Including extras Subscribed and sworn to before me this 28th day of August.2015 (5)Insert total amount of prior payments received My Commission expires: / (6)Insert amount of this payment Notary Seal Here: (7)signatory must be an officer of the company,Le,President,VP,Treasurer,CEO Notary Pubec State 0f Florida • Duc Phan t ev I MY commission FF OW Expires5/19/2019 232617 Exhibit 12 Revised: 12.14.12 Dollar Tree Stores, Inc. List of Subcontractors DT 6188 General Contractor: CAM Construction Services, Inc. Date: 8/28/2015 Please attach copies of all original notarized Lien Waivers from ALL Sub-contractors when charged amount is $500.00 or greater. Type of Work List all category and contractor information. Acoustical Company Name: Acoustics of Central Florida, LLC Address: PO Box 1325 Auburndale, Florida 33823 Telephone: (863) 875-5571 Contact: Teresa L. Camp Plumbing Company Name: Suncoast Plumbing & Electric, Inc. Address: PO Box 2290 Homosassa Springs, FL 34447 Telephone: (352) 628-6608 Contact: Todd Workman HVAC Company Name: Quamec, Corp. Address: 1671 W 38th Place#1407 Haileah, FL 33012 Telephone: (305) 330-6727 Contact: Eric Rodriguez Electrical Company Name: Quality First Electric SWFL Corp. Address: 17011 Alico Commerce Ct., Unit 506 Fort Myers, FL 33967 Telephone: (877) 881-0084 Contact: Gus Lima Exhibit 13 Revised: 12.14.12 T ' 1 p /� 6188-07 SUBCONTRACT Subcontract Date: 911115 General Classification:Electrical Vendor Number. 6188-07 Project Name:OT 6188 Miami Shores Address:9055 Biscayne Blvd. CitylState2p: Miami Shores,FL 33138 FOR VALUE RECEIVED,the receipt and RufBcLncy the date written above("Subcontract Date")between: of which Is hereby acknow92dged,this agreement is ciriede and entered into ettecttve as of CONTRACTOR/CONSTRUCTION MANAGER: CAM Construction Services,Inc. ("Co c ) Address for Notices: 8109 E.Martin Luther King Jr.Blvd. Tampa,FL 36618 Attention: Christine Lemons Telephone Number. 813628.8543 Facsimile Number: 813-826 8699 And(Quality First Electric SWFL Com CSubcontraoton a FI_ oniric State (corporation, d") Address for Notices: Street 17011 Allem rnmrmerce Ct.,unit 508 City,State,Zip Code Fort Myers,FL 33967 Attention Gus Lima Telephone Number (877)881-0084 Facsimile Number (877)881-0084 Federal Employer identification Subcontractors State Tax Subcontractors State License No: 28:8606f3S No: No: ECOOOOD92 ARTICLE 1•GENERAL PROVISIONS 1.1 Contract Documents.The'Contract Documents°are:(1)this Subcontract and Exhibits hereto;(2)the prime contract between the Owner and the Contractor for the Project and its general,supplementary and special condMons,If any,and a0 r(the'Prime Contract r,(3)all designs,drawings, and specifications and (4) all Change Orders and other modifications to the terns of this Subcontract that are executed by Can Subconiractnr and tractor. 1.2 Conflict The Contract Documents are intended to be complementary and shall be Interpreted so as to be consistent. However,in the event of a conflict between this Subcontract and the Contract Documents,the terns of this Subcontract shall control. With respect to all other conflicts between or among any portion of the Contract Documents,such conflict shy be resolved in the manner set forth in the Prime Contract. If the Prime Contract does not resolve the conflict,then the Subcontractor will be bound by the resolution of such conflict ultimately determined between the Owner and Contractor. Should there be any discrepancy or conflict in the Contrart Nxturnents(Including,without limitation,,any portion thecttuf"rat is at variance with applicable codes,laws,ordinances,rules,regulations),Subcontractor shall immedletely notify Contractor for a decision. ARTICLE 2• THE SUBCONTRACT AMOUNT 2.1 Subcontract Amount t ons. The Subcontract Amount Is described In Exhibit "B" attached hereto and constitutes the complete compensation to Subcontractor for performance of the Work. TIC 3: THE WORK 3.1 The'Work'means all labor,equipment, machinery, materials, fees, supervision, and other services of any kind required for the complete performance by Subcontractor of the portion of the Project described in Exhibit'8." The Work Includes all things reasonably inferable from the Contract Documents,and anything and everything necessary to complete the Work in accordance with the Contract Documents.The Work is work subject to to the the decisions and directi,directions,and ons of the Architroval of the Architect ct end Owner under the termer.to the se extant an of the Prime in the Reame manner the.the s Contract between Owner and Contractor 3.2 The Work Includes,without Iimitaftem 3.2.1 Strop drawings,erection drawings,field-use drawings,diagrams,samples,laboratory reports,inspection reports,product data,mock- ups,and any other required submittals as directed by the Contractor. 3.2.2 Daily clean up of all debris occasioned by the Work and hauling of debris to a central location designated by Contractor an or In accordance with laws,statutes,ordinances,or codes governing disposal of such debris. Except for an emergency for which pri 1 Quality First Electric Subcontract Initiate 2 6188-07 notice is required, If, after twenty-four(24) hours written notice by Contractor to Subcontractor, Subcontractor has not diligently proceeded with the required clean-up, them Contractor has the right, bul not the obligation, to proceed with the clean-up work at Subcontractors cost and expense,and to charge Subcontractor and/or deduct the cost of some from the Subcontract Amount. 3.2.3 Application and payment for all permits,licenses,applications,plans and government inspections necessary for the execution of the Work for which Subcontractor is responsible. Subcontractor shall assume fill responsibility for such compliance, be responsible for all fines for non-compilance and shall bear the cost attributable to correction. ARTICLE 4; WRMTIES ANDGU 4.1 Sub tractorgine1 Warraft. Subcontractor warrants that all materials furnished and incorporated by it into the Project shall be new, unless otherwise specified, and that all Work under this Subcontract shall be of professional workmanlike quality and free of defects. Subcontractor shall warrant workmanship for one(1)year from the date of final completion of the Projer_.t by Co cta•(or such longer period Of time may be provided for under the Contract Documents or by applicable tsw). Work not conforming to the Contract Documents shall be considered defective and strap be repaired or replaced(at Contractor's discretion)by Subcontractor at its expense and as directed by Contractor. Subcontractor's warranties shall be in addition to,and not a limitation upon,the terms of any other warranties,guarantees or remedies expressly or impliedly required or provided for by law or the Contract Documents 4,2 SHUMEheverialonger.r Remedi crit Subcontractor shag promptly perform all corrective or remedial work(including, without limitation, repairof any wryir dgrrne�r thereby)�gtr'ir8d Crir7iractor in order to make the Work conform to the requirements of the Contract nd any warranties and guarantees,and strap execute and deliver to Contractor such other and further documents as are reasonably Contractor to further evidence such conformance Subcontractors warranties,guarantees and Indemnities with respect to its Work ough the date of tertnfnation shall survive temnination of this Subcontract and be In full force and effect for the period of time the Contract Doccrments,th(s Subcontract,or applicable law,wMchever fs longer, 4.3 Subcontractor Representations Subcontractor represents and warrants I!•,at Subcontracto,.(1);imus all licenses required by applicable low for performance of the Work;(2)has reviewed and inspected the site of the Project and the Contract Documents,and is satisfied as to the conditions affecting the Work Including,without Ilmitetlon,transportation,disposal,handling and storage of materials,aVaflabiilty of qualified labor, utilities,and resources necessary to the Work,the conditions of the site,and the type of equipment and facilities needed for performance of the Work. Subcontractor understands and accepts resportsibility for conditions resulting from the surface and subsurface conditions of the site. ALL WARRANTIES AND GUARANTEES SHALL SURVIVE INSPECTION,ACCEPTANCE;PAYMENT AND USE. THE WARrW4TIES AND 3U ARANTCE3 SET FORTH IN THIS SUBCONTRACT ARE IN ADDITION TO ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY. ARTICLE 8• DUTIES AND RESPONSIBILITIES of=GarJTR/U Tori 5.1 Scffedute Contractor shall prepare,update,and periodically modify,a Schedtla coordinating the times and seSequences of Work on the Project). Subcontractors operations shall conform to the Schedule then in effect Upon s required for each area shall prnmptIl proz,�ide to Contractor a detailed schedule of the subcontractors Work Including the status of all Items with long times and the sequencing of required work. Subcontractor shall Immediately notify Contractor if Subcontractor has reason to believe that Contractors schedule may not be accurate. Without limitation,Subcontractor shall notify Contractor If the work of any other party is likely to delay the Work to be performed by Subcontractor. 5.2 Assignment Contractor may,without the prior consent of Subcontractor,assign this Subcontract or any portion thereof or any Claim thereunder to any of the following:{11 the Owner,(2)the corrstruetion!enter;or(3)any successor of of&tieie of Contractor. 5.3 Protect Books and Records. Contractor may,upon reasonable notice,aunt,copy,and inspect ail books and records of Subcontractor relating to the Pr,*cL ARTICLE 6• PROGRESS PAYMENTAPPL.ICATIONS 8.1 Sf nsdule of Values. Subcontractor shelf submit to Contractor a schedule of values for the Work equaling the Subcontract Amount within ten (10)calendar days after the Subcontract Date or five(6)calendar days before its first application for payment, This schedule of values,when approved by Contractor,shall be used as the basis for the Applications for Payment of Subcontractor. 6.2 ARpucatfon for Pevment Subcontractor shall submit its Application for Payment to Contractor In accordance with Exhibit B with required breakdown of data to permit checking and approval and in a form acceptable to Contractor. A condition of Payment is tiler Subcontractor Provides satisfactory Qvtdenc a that all IaW,equipment and material costs In connection with the Work have been paid in full along with Lien Waivers and Releases in a form acceptable to Contractor and executed by Subcontractor and any potential lienor working under Subcontractors acknowledges the risk of non-payment by the Owner to the Contractor and understands that the Owners failure to pay Condirection. Contractors receipt of payment from Owner Is an absolute condition of Contractors obligation to pay Subcontractor and Subcontractor reason.relieves Contractor from any duty or liability to pay Subcontractor pursuant to the Contract Documents. tractor, for any 6.3 With hoidfna Payment Payments,whefher progress or final,may be reduced or withheld by Contractor as a result of: (1)defective Work;(2 claims or hens arising from the Work;(3)Subcontractors failure of to pay Its subcontractors,laborers,materialrOs or suppliers;(4)reasonable doubt of Subcontractors financial ability to complete the Work or that Subcontractors remaining Work can be completed for the balance of the Subcontract Amount (5)any uncured breach of this Subcontract; and(6) back-charges. Contractors right to withhold payment under this Subcontract Is enforceable when the aforementioned conditions occur In any agreement or contact between Contractor and Subcontractor. a 1_� Quality First Electric Subcontract �=/ fnHlats 3 8188-07 ARTICLE 7:FINALP CAT1 N 7.1 Application for Payment Subcontractor shall submit its Application for Final Payment to Contractor in accordance with Exhibit B with required breakdown of data to permit checking and approval and in a form acceptable to Contractor. A condition of payment is that Subcontractor provides satisfactory evidence that all labor,equipment and material costs in connection with the Work have been paid In full along with Final Lien Waivers and Releases in a form acceptable to Contractor and executed by Subcontractor and any potential lienor working under Subcontractors direction.Contractor's receipt of payment from Owner is an absolute condition of Contractor's obligation to pay Subcontractor and Subcontractor acknowledges the risk of non-payment by the Owner to the Contractor and rmriarstands that the Avnet.-fonurc to pay Contractor,for any reason,relieves Contractor from any ditty or liability to pay Subcontractor pursuant to the Contract Documents. 7.2 Conditions for Final Pavment Subcontractor's tight to final payment Is conditioned on: (1)approval and acceptance of Subcontractors Application for Final Payment by Owner,Architect and Contractor; (2)completion of all'punch-list"work and other work required to bring the Work Into compliance With the Contract Documents; (3)delivery to Contractor of all manuals,'as-bulb",all guarantees and warranties including those for material and equipment as required by the Contract Documents,and any documents required by federal,state or local statutes; (4) receipt by contractor of Final Payntelil for Subcontractors Work from Owner, (5)furnlshing to Contractor satisfactory evidence by Subcontractor that all labor equipment and material obligations and any other Indebtedness incurred by Subcontractor in connection with its Work have been paid In full; (8)furnishing to Contractor by Subcontractor of final waivers of Dan,Stop notice and bond rights executed by Subcontractor and its suppliers and sub-subcontractors of every contracting tier,in a form that complies With the requirements of the Contract Documents and Is satisfactory to Contractor,(7)furnishing to Contractor a complete general release in form provided by Contractor, and(8) furnishing to Contractor the written consent of surety,If any,to final payment. Subcontractor expressly assumes the risk of non-payment by the Owner to the Contractor for Subcontractor's Work for any reason eluding Ownses financial inability to pay or refusal to pay for any reason. In addition to the above conditions Subcontractor acknowledges that all payments to Subcontractor shall be made solely out of funds actually received by Contractor from Owner. 7.3 -Calculation of Amour The Application for Fuel Payment amount shall be the Subcontract Amount.as modified and adjusted in accordance With this Subcontract, lags the aggregate sum of the amounts previously paid under this Subcontract, and less any Subcontractor costs or expenses paid by Contractor or other amounts that Contractor is authorized to withhold under the Contract DocumenW or under appfir.abla taw. 7.4 Reprosentatfon of Final Payment No payment to Subcontractor,whether Progress or Final Payment,shall constitute a waiver of any right by Contractor or any requirement of the Contract Documents. No payment due under this Subcontract,whether for progress payment or final payment,shall bear or ac=e interest except to the extent required and not watvable by applicable law. ARTICLE 8: DUTIES AND RESPONSIBILITIES OF SUBCONTRACTOR 8.1 Indeoendent Contractor.Subcontractor assumes an rights,liabilities and obligations under this Subcontract as an independent contractor and not as the agent or employee of Owner or Contractor. Subcontractors personnel performing Work shall be considered solely the employees of Subcontractor and not employees or agents of Owner or Contractor. Subcontractor is solely responsible for the manner of work,employment, direction,assignment,compensation,and discharge of all of its personnel performing the Work. Neither Owner nor Contractor will not control SubconMdetors employment and staffing,however,Owner or Contractor may require removal of Subcontractor's employees from Owner's premises for good cause and Subcontractor agrees to comply artth such requests trurnedlately.Su'ocxmtractoes shah provide a representative fluent in English at the Project site during all times that Subcontractor's Work is in progress,and such representative shall be authorized to represent and bind Subcontractor on any matter relating to this Subcontract. Subcontractor is solely responsible for all matters relating to compensation and benefits of all Subcontractors' personnel who perform Work, including taxes, insurance, healthcare, and any obligation Imposed under the law. 8.2 comulianoe with eeI cab r— Subcontractor shall comply with all applicable federal,state,county,and local laws,Including,v,rithoub limitation, all statues, laws, rules, ordinances, orders, regulations and codes Including Americans With Disabilities Act(ADA) and Federal Occupational Safety and Health Act(OSHA)and any requirements of public or governmental authorities. Except as otherwise provided in this Subcontract, such obligation includes the procurement of permits, certificates, approvals, inspections, and licenses, when needed, In the performance of this Subcontract and the Subcontractoes payment of all fines and penalties levied by reason of Subcontractor's non-compliance. 8.3 Safety and Background Checks. Subcontractor shall be responsible for implementation of safety programs and protocols for the protection of persons on the Project,Including Subcontractors personnel and others. Subcontractor Is responsible for complying With state and fees! faWvc regarding safety. SUbh; ubactor shall, as required by Owner, Contractor, and/or applicable laws, provide background checks on Subcontractors personnel and at Subcontractor's expense. Personnel found to be unqualified to perform Work as a result of the background check shall not be allowed on the Project. 8.4 Schadulln Time is of the essence of this Subcontract Subcontractor shall cooperate In scheduling the times and sequences required in performing Subcontractors Work and hereby agrees to perform its Wok in accordance with the Schedule. Subcontractor shall advise Contractor of the status of Sulx�onirtrtprc pr e,�g on a regular baso.or upon raqueaL Subcontrautcr'x project supervisor or foreman shall attend meetings im scheduled by Contractors project superintendent for the purpose of scheduling and coordinating all activities on the Project,discussing or p sting safety programs,and any other lawful purposes. For Contractors convenience,Subcontractor shall perform overtime wok when directed to do so in writing by Contractor and as Subcontractors sole remedy,Contractor shall pay the actual cost of the premium time portion of such directed overtime without overhead or profit and without liability for any claim for reduced productivity or inefficiencies. 8.5 Consequence of Delays. Subcontractor shall be liable for all Costs and damages resulting from any delays In the time or sequence of the Schedule that are caused,in whole or part,by Subcontractor, in the event of delay caused in whole or part by Subcontractor the Subcontractor shall,at its own expense provide Contractor with a recovery schedule and supply additional labor,supervision and equipment,perform overtime work,and do everything necessary to bring its Work back on Schedule. 8.8 LVo Damages for Delay. Subcontractor shall not be entitled to any damages resulting from delay in the ability to perform the Work.In the event that Subcontractors Work is delayed for any reason then its sole remedy shall be to request an extension of the Cons -tion Schadu'e to account for ilia delay. Contractor shall not be entitled to any increase In the Subcontract Amount as a result of any delay. 8.7 Protection of Work. Subcontractor shall at bis expense: (a)take all necessary precautions to protect the work of other trade�7fromany d me e caused by Subcontractor's operations; (b)protect from damage or Injury,by any cause whatsoever,the Work,complete or ose,a d of 3 . Quality First Electric Subcontract iruGa's� 4 8188-07 Subcontractor's materials,supplies,tools and equipment at or near the Project;and(c)protect the Project site,Owners property and an adjacent property from damage(Including,but not lirnitad to lateral support)due.a Subcontractor's operdlion,, 8.8 Uens. Subcontractor is responsible for promptly paying ad potential lienors working under Subcontractor's direction or control and for collecting Lien Waivers and Releases from said persons and/ entities. In the event a iters by arty person or entity working under Subcontractors direction or control Is recorded then 5ubcantraetor shall promptly cause such lien to be transferred io a band pursuant to Florida Statute and Indemnify Contractor and Owner for any costs,including attorneys'fees,associated with the ring of theOwner and Coniractar reserve the fight to pay any claim,bili,ar invoice for alt costsoftheWorkinddmA withrgtoflaborrmateria!used iz per;amU;,g the wu,1i directly to the person to whomItieawed and deduct the amount from the payment e Subcontractor. ARM-CLE 9: INDEMNTY 9.1 SCOPE of INOMMITy To the maximum extent permitted by Florida law,Subcontractor shall defend,indemnify and hold Contractor,Owner and their respective officers and employees harmless from any and all claims. artlonq, liabdtties,damages, liau and costs %Including attorneys'fees),resulting from the Subcontractors Work on the ProjecL Subcontractors duty to defend under this Paragraph Is Independent and separate from the duty to indemnify,and the duty to defend exists regardless of any ultimate liability of the Subcontractor, Contractor, Owner and any indemnified party. Subcontractor's obligation to indemnify and defend under this Paragraph shall survive this Subcontract Agreement and Is not limited In any way by Suboontractors warranty and/or Insurance obligations. ARTICLE 10• INSURANCE_ 10.1 IYiEnimum Required Coverage, Subcontractor shall secure and maintain Insurance from an Insurer licensed to transact business and issue Insurance in the state where the Project is located and acceptable to Contractor. Subcontractor shall secure and maintain workers' compensation coverage in amounts equal to or exceeding legal requirements In the state where the Project Is located. In addition,Subcontractor shall secure and maintain:(1)Commercial General Uabiilty insurance withh limits of bodily injury and property damage of not less than$1,000,000 per occurrence; (2)Commercial Automobile Uabfltty Insurance with limits of liability fox'bodily Injury and property damage of not less than $1,000,000 per occurrenoc. The coverages descdbedl Vierein are mktimum requirements and where additional coverages are required in the Contract Documents or the law then the maximum coverage applies as Subcontractors obligation. Subcontractor shall secure Certificates of insurance from its Insurers and the certificates shad be attached hereto as Exhibit'C."Subcontractor represents that its deductible and sdf- Irsured limits,if any,under the Insurance policies required by this Subcontract do not together exceed$50,000.00. Subcontractor shad cause all of its insurance companies to valve rights of subrogation against Contractor,Owner and Architect, 10.2 Additional Insureds. Subcontractor shall cause they Owner,Architect,and Contractor to be named as additional insureds on every policy where an additional insured can legally be named. Subcontractor shall obtain endorsements to each policy lderrtit'ying the additional insureds and the endorsements shall be attached as Exhibit"C." ARTICLE 11; PAYMENT ASID PERFO ANCE SONDS 11.1 Subcontractor shad provide,if required,to Contractor as obligee Payment and Performance Bonds on the farms attached hereto as rxhlbft 11H, eaa,wig,a penal sum in the full amount of the Subcontract Amount,with a surety licensed to do business and issue bonds in the State where the Project is located,and acceptable to Contractor. Subcontractor consents to Contractors communicating directly with the surety on all matters which,in Contractors opinion,bear upon Subcontractors performance of this Subcontract. The prerMums for these Bonds shall be paid by Subcontractor and the cost thereof Is Included In the Subcontract Amount. ARTI—CLE 12: CWANGEs 121 No changes shall bre made to this Subcontract without a written Change Directive signed by Contractor or Change Order slgnW by Contractor and Subcontractor. Any extra work performed without a Change Directive or Change Order will be at Subcontractors expense. Upon notice that Subcontractors Work will necessitate an increase In the Subcontract Amount or an extension of the Construction tion Schedule the Subcontract shall is given 72 hours to notify Contractor. Failure to notify Contractor within 72 hours shall result in a waiver of Subcontractor's right to seek an Increase in the Subcontract Amount or an extension of the Construction Schedule. 12.2 Contractor may issue a Change Directive to order changes In the Work within the general scope of the Prime Contract(as it may be amended from time to time)consisting of additions,deletions or other revisions,and the Subcontract amount and Schedule shall be adjusted accordingly. If Contractor requests in writing that Subcontractor proceed with any change to the Work,Subcontractor shad proceed with performance of the change to the Work,including,without limitation,any disputed change to the Work,and shad maintain such performance pending resolution of arty dispute unless instructed In writing to cease all or part of the Work by Contractor. Pending final determination of the total cost of a requested change,amounts not in dispute for such changes In the Work shad be included in payment appdcatinns by the Subcontractor and a Changs Order serail be executed by Subcontractor and Contractor to evidence the parties'agreement with all or part of such costs. For any portion of such dost that remains in dispute,the Contractor will make an Interim determination for purposes of monthly certification for payment for those costs.That determination of cost shall adjust the Subcontract Amount on the same basis as a Change Order,subject to the final determination of the agreed amount of the remaining Work covered by the change. When the Subcontractor and Contractor agree upon the adjustments that the requested change require be made to this Subcontract,such agreement shall be promptly documented by the execution by both parties of an appropriate Change Order. MMCLE 13: DISPUTE RESOLUTION 13.1 Iniftl Kedlaflom Subcontractor and Contractor shad first attempt to resolve any dispute through agreement or mediation. If the dispute Is not resolved by agreement or by mediation,then the dispute shall be resolved as follows: 13.1.1 Contrlgkr/SubeonbwctOr Litinatbon. Disputes solely between Contractor and Subcontractor only shalt be resolved by litigation. 13.12 Other Dispute Resolution. Disputes involving claims by or against the Owner or Architect(Including,without dmitation, aims asserted by the Owner or Architect related to Subcontractor's Work)shall be resolved by the dispute resolution matted,if any, f 4 Quality First Electric Subcontract U In tials V 5 61136-07 in the Prime Contract or contract between the Contractor and Archiitect,as applicable. Absent such a provision for dispute resolution in the Prime Contract such disputes shall be resolved by litinatinn, 13.2 Provisions 20verrrinsi Dispute Resolution: With respect to any dispute arising out of or related to this Subcontract the following provisions shall apply: 13.2.1 Choice of Law. The laws of the State in which the Project is located shall,without regard to the laws of that State governing conflicts of laws,govern this Subcontract,unless otherwise provided in the Contract Documents. 13.2.2 Choice of Forum. The exclusive venue for any dispute which must be litigated,shall be the State or Federal District seated In the county in which the Project is located. 13.2.3 Arbitration. If,pursuant to an addendum to this Subcontract or by other written agreement,the Contractor and Subcontractor have agreed to submit disputes between the Contractor and Subcontractor to arbitration, then such arbitration shall be conducted in accordance with the Coy i u ucuon industry Arbitration Rules of the American Arbitration Association before a neutral,three(3)member tribunal. Each party shad select one member of the tribunal and the two members shall select the third. For controversies where the amount In controversy is less than$225,000.00,the parties shall mutually select one arbitrator who shall hear the dispute. Such agreement to arbitrate shall be specifically enforceable under applicable State law and shall contain findings of fact and conclusions of law. Judgment upon the award rendered by such arbitration tribunal may be entered in any court of competpri juriediction. All such awards shall be final and binding upon the Contractor and Subcontractor. The Contractor and Subcontractor expressly agree that the rules of the American Arhilmlinn Association applicable to such arbitration shall be modified to allow discovery fn scVarduaw with ire Federal Rules of CM Procedure,except that the discovery period shad be limited to six(6)months unless otherwise ordered by the arbitrators. The arbitrator shall allocate the payment of all fees and costs to the parties based upon the arbitrator's findings and shall award reimbursement of attamey's fees and costs to the prevailing party. 13.2.4 M&During Disbuts. Unless instructed to stop Work by Contractor or Owner,Subcontractor shall continue to diligently perform all Work despite the pendency of any dispute or any arbitration or litigation proceeding, 13.2.5 Lttprney's Fees. To the extent permitted in the Contract Document,the prevailing party in any litigation(or arbitration If the parties agree to have such a procedure)shall be entitled to be reimbursed for its reasonable attorney's fees and costs. ARTICLE 14. TERM1NA-nON AND BREACH 14.1 Ts union. Contractor may to m Inate t*whole or any part of this Subcontract for its convenience and without cause. Such notice shall be effective immediately upon mating notice of the termination to Subcontractor at its last known address. Following such termination and receipt by Contractor of an Application for Payment prepared by Subcontractor In accordance with this Subcontract, Contractor shall pay to Subcontractor an amount derived by multiplying the percentage of Work completed in accordance with the Contract Documents times the Subcontract Amount and subtracting therefrom any payments previously made and other amounts that Contractor Is authorized by this Subcontract to withhold; provided, however, a condition precedent to Contractor's obligation to make such payment to Subcontractor is Contractors receipt of such payment ram[fir_ SUI)COntractor agrees to accept such payment as Its sole and exclusive compensation and waives any right it may have to claim additional damages,Including,without limitation,loss of anticipated profits,on account of such termination. All provisions of the Subcontract which by their nature survive final acceptance of the Work, shall remain In full force and effect after such termination. If no Work has been performed by Subcontractor at the time of termination,Subcontractor shall be paid the sum of One Hundred Dopers ($100.00) for its undertaking an obligation to perform, which amount shall be the sole and exclusive compensation payable to Subcontractor by Contractor_ Without limitation to the other requirements of Article 6 and Article 7 pertaining to submission of documentation as a condition of payment,all of which shall apply to payment under this Section,as a condition precedent to receiving the n?ymm—ts mm -d far in this Article 16.1, the Subcontractor shah deliver to the Contractor all documentation relating to the Project,including any designs, plans or specifications, CADD tapes or discs and execute a release of all claims and waiver of Dens In a form satisfactory to Contractor against the Contractor,Owner and the Project 14.2 Breach. If Subcontractor at any time and for any reason(1)refuses,neglects or becomes unable to supply adequate supervision; (2)refuses, neglects or becomes unable to supply sufficiently skilled workmen; (3)refuses,neglects or becomes unable to supply materials or equipment of the proper quat,'trr or qua, . , (4)falls ur,at iy respect to perform the Work as required by the Schedule with promptness and diligence;(5)falls to perform work of the quality required by the Contract Documents;(6)fails to perform to the sallsfactton of Contractor any other obligations of this Subcontract;or(7)otherwise delays the Work of Contractor or others:the Subcontractor shall be deemed In brach of this Subcontract. In such event Contractor may notify Subcontractor in writing of the occurrence of the breach and the coreeWe action required. 14.3 Material Breach If any breach by Subcontractor continues for five(5)calendar days followinS the receipt of notice of breach from Contractor, and if the Subcontractor has refused or falled to cure such breach during such five(5)calendar days,then such breach Shall be dee n-led to be a "material°breach. Notwithstanding the foregoing.there shall be no notice and cure periods for Subcontractors failure to maintain the required Insurance. 14.4 Options and RaimAles for Material Breach. Upon the occurrence of a material breach by Subcontractor,Contractor may,without further notice or opportunity to cure,at its option,wfthout prejudice to any other remedy: (a) provide labor,materials,equipment or services necessary or required In Contractors opinion as a result of such breach,and deduct the cost thereof from any sums then due or thereafter to become due Subcontractor, or to the extent that such sures are insufficient to cover all of Contractors costs, then Subcontractor shall pay such difference within three (3) calendar days of Contractors demand for payment; (b) Immediately suspend performance of all the Contractor's obligations under the Subcontract with respect to the Project(s); (c) take over exclusive use and possession of and a preferred lien on all of Subcontractors appliances,equipment,temporary works. materials- and all other things used or supplied by Subcontractor in connection with the Project and Subcontractor shall take whatever actions may be required to establish this preferred Ileo; (d) enter upon the premises and take all action necessary to complete the Work under this Subcontract,including engaging the s vices of others; 5 ��L Quality First Electric Subcontract Weells 6 6168-07 (a) terminate Subcontractor's right to continue to perform under this Subcontract upon written notice,effective immediately;or (f) otherwise arrange for the performance of Subconira&nrs obligations under the Su!—=tact. The exercise of any of the above options or any other remedies shah not be deemed a waiver of any other right, remedy or option of Contractor available under this Subcontract or at law. Subcontractor shall be fully responsible for and remain liable for Contractor's expenses arising from any breach by Subcontractor, including, without Hmft don any liquidated damages payable under the Contract Documents. The Contractor's expenses arising from the breach shall Include,but not be limited to,In addliton to the expense of arranging for the performance of Subcontractor's obligations,all of Contractor's costs and damages Incurred by Contractor due to the Subcontrantnem breach of this Subcontract,including attorney's fees. If the expenses arising from the breach and exercising any remedy exceed the unpaid Subcontract balance, Subcontractor shalt, upon demand, promptly pay the difference to Contractor within three (3)days of Contractor's written demand for payment. Subcontractor agrees to execute any assignments necessary to make available to Contractor and the Owner the rights of Subcontractor under any of its purchase orders,sub-suboontracts and other Subcontractor commftments to the Work for the Project To the extent permitted by applicable law. Subcontractor hereby waives all claims against Contractor for anticipated profits, consequential damages,rent on equipment or other damages related to the exercise of any remedy under this Subcontract by Contractor. ARTICLE 15• N11NELLANE0US PROVISIONS 15.1 Eniira Aareement This Subcontract contains the entire agreement between the parties. All proposals,negotiations and agreements prior to the Subcontract Date are superseded by this Subcontract 15.2 Severabllity If any portion or provision of this Subcontract is deteradned by a court of competent jurisdiction to be Invalid or unenforceable,such Invalidity or unenforceability shall not affect any other provision and the Subcontract shall be Interpreted as though the Invalid or unenforceable portion or provision had been deleted. 15.3 Nottees, Notices must be In writing and delivered to the parties at the addresses set forth on fthiblt"B"(and at any addresses set forth in the Letter of Authorization, if applicable): Such addresses may be changed by either party by giving written notice to the other party sent In accordance with this paragraph. ARTICLE 16: EXHIBITS 16.1 This Subcontract includes the following exhibits,each of which Is incorporated herein by this reference, Without limitation,Subcontractor gees to comply with the requirements set forth in each of the following exhibits. A- The Contract Documents 8- The Scope of Work(Including Unit Prices if applicable) C- Insurance Requirements D- Pay Application&Releases E- Direct Purchase Forms,if required F- Construction Schedule G- Project Procedures,if applicable H- Payment and Performance Bonds,if required IN WITNESS WHEREOF,the parties have executed this Subcontract with requisite corporate,partnership or Individual authority effective the day and year first above written. CONTRACTOR SUBCONTRACTOR: CAM Constructioervices,Inc. Quality First Ela Ic,9GttFL Corp. A Florida Co"� ori. A Florida aaffn Signature: O/ ,, C=" "� Signa Print Name.Christine Lemons Print Na//me: Title: President Title: J 6 fir. Quality First Electric Subcontract initf EXHIBIT"A Subwntractor: Contract Documents DT 6188-Miami Shores 9055 Biscayne Blvd Miami Shores FL 33138 Plans by RRMM Architects as follows: _ Sheet Oriina(Date_ Rev. 1 CS1 _ -- —� 8/5115 D1 A1.1 8/5115 A1.2 _ - 1�8/5/15 ---i - A2 8/5115 _ - H3 - 8/5/15 Plans by OLG EmIneerine Sheet Original Date Rev. 1 MP1 _8/5/15 _ MP2 _ _. . 8_/5/15 MP3 8/5/15 - E1 _. _8/5/15 - E2 8/5115 E3 - 815/5 E4 8/5/15 Plans§y Refri eratloecif'icati IF Reference Oni Sheet On'girial Date _ Rev. 1 DS-1 Plans by Teletrol Systems Inc, Sheet Original Date -Rev, 1 EM-1 8114114 - ! EM-2 8!12114 - !=M-3 _8/13/14 EM-4- 8/13114 Fixture Pian b Oollar Tree Stares Inc. Sheet Original Date Rev. 1 Stare Planner 7/3012015 -� CAM Construction Services, Inc. Page 1 Initials EXHIBIT"B" Electrical(Quality First Electric SWFL Corp.) DT 6188 Miami Shores 9055 Biscayne Blvd.MlaN, Shores,Fivrida 33138 A. GENERAL SCOPE OF WORK FOR: Electrical. Subcontractor agrees to provide at his own expense all required supervision,labor,materials,tools,scaffolding, sharing, clean up, hoisting, and anything necessary and Incidental to complete the Electrical Packaae as outlined below for the DT 6188 In Miami Shores, Florida. AO work shall be in strict accordance with the contract documents as defined by Exhibit"A". B. Subcontractor is responsible for providing a complete Sectrical Package. No unreasonable additional cost will be incurred by CAM Construction Services or the Owner for minor changes and/or clarifications to the work. C. SPECIFIC SCOPE OF WORK: More specifically,the Work to be performed shall include,but is not limited to,the following as required by the Contract Documents: 1. Disconnect/safe off of any electrical items to be demolished. 2. Provide tenant electrical distribution as shown on the construction documents including coordination with jurisdictional utility company. 3. install panels provided by owner. 4. Provide stub above ceiling for all data,telephone as shown. 5. Install and connect power for owner signage. 6. Provide power for reach In freezer/coolers, walk in freezer/coolers Including the baler final termination done by installing contractor. 7. Install&provide power to owner provided electrical hand dryers in restrooms. 8. Provide and install motion sensors, switches, receptacles, exterior door alarms and doorbell as shown. 9. installation of all owner provided electrical fixtures,control panels and equipment. 10. Hook up of pll owner famished equipment, as indicated on the documents, including power poles to cash wraps. 11. Connect all HVAC electrical requirements including install of owner provided EMS System and all check out paperwork required for Teletrol and Dollar Tree. 12. Provide and install conduits for low voltage systems including security, phone, fire alarm and door monitors including treated backboards as indicated in the documents. 13. Provide sufficient temporary lighting and power for jobsite activities. 14. A complete installation that strictly complies with all applicable codes and governing regulations. 15. Make application for and secure all permits including required occupational licenses and registrations. Any and all re-inspection fees required due to non-passing inspections by this subcontractor shall be paid for by this subcontractor. 16. Provide and install all electrical equipment, fixtures, hangers, supports, sleeves and access panels required for this scope of work,other than those provided by owner. 17. Sealants and/or fire stopping for floor and wall penetrations by this trades scope of work. 18. Cleanup of all debris caused by this work, Debris to be deposited In container designated and furnished by the Contractor. 19. Layout, distribution and installation of all materials for this work including inclusive of miscellaneous accessories, other work customarily associated with this trade and all items of pertinence for a complete and professional installation. 20. Scaffolding or other means of vertical transportation required for installation of this work. 21. Coordination of this work with other trades. 22. Final cleaning for this scope of work. 23. Receive,unload,inventory and store if required,all materials required for this work. 24. Provide any required close out documents within 5 da s of substantial corn letion. CAM Construction Services,Inc. Page 1 Intiiai: kUl, OE 8-U7 EXHIBIT"B" Electrical(Quality First Electric SWFL Corp,) DT 6185 Miami Shores 9055 Biscayne Blvd.Miami Shores,Florida 333138 D. WORK EXCLUDED FROM THE SCOPE OF WORT( The following items are excluded from the work: 1. Cutting or patching concrete. 2. Permit Fees 3. Roof penetrations,flashing or pitch pans. 4. Duct detectors,smoke detectors or exhaust fans. 5. Utility fees. E. The Subcontractor agrees that the allowed percent (%) for overhead and profit for changes in the Scope of the Work shall be as follows: Work performed by their own forces 100/1, Work performed by their Subcontractors 5% F. Unless the specifications supersede with a special warranty dictating a longer warranty, the warranty period is one (1) year from the actual substantial completion date or the date when final as- built/warranty documents are provided,whichever is IR_tpr_ G. It is understood that every single condition, connection, transition, etc. cannot be specifically detailed in the Contract Documents. Details are provided for typical conditions and making reasonable adjustments to adapt these to the specific conditions throughout the project is a part of the scope of work of this Subcontract and does not constitute a change in the scope of work. H. All Subcontractors shall be required to attend weekly project meetings, and must complete daily reports if requested by CAM Project Superintendent I. The Subcontractor shall be responsible for obtaining and maintaining Contract Documents for their own use,including cost of blueprinting and shipment J. The Subcontractor shall accurately record all changes, revisions, and additions to the work on the Contractors"Record Set»of drawings on at least a monthly basin_ K. The Subcontractor shall submit Its'Schedule of Values°for approval by CAM a minimum of Five (5) days prior to its initial Application for Payment. L. The Subcontractor acknowledges that time Is of the essence in the pef#o , , nce of this work. !t is understood the Substantial Completion of the entire project shall be achieved not later than 6 weeks from commencement. The Contractor and the Subcontractor have agreed to prosecute this work in accordance with the Project Construction Schedule. The Subcontractor will employ every means necessary to Insure that his work maintains the construction schedule. Costs associated with meeting this schedule are included in this subcontract. • Scope duration approximately 15 days throughout the duration of this projects schedule. M. Subcontractor acknowledges that Saturday and Sunday shall be utilized when necessary to maintain or make up for lost time so as to meet all critical completion dates for the Project Schedule. Saturday is considered a make-up day in the event of inclement weather andlor holidays. N. CAM Construction Services will provide basic layout lines and elevations to facilitate the Installation of this Subcontractor's work. This Subcontractor shall be responsible however, for the layout of this Work. CAM Construction Services,Inc. Page 2 Initial. / ~6 &07 w EXHIBIT"B" Electrical(Quality First Electric SWFL Corp.) DT 6188 Miami Shores 8065 Biscayne Blvd.Mlanil Shores,Florida 331338 0. The reference to clean up in this agreement shall be strictly enforced on this project. The Subcontractor shall,on a daily basis,remove all trash and debris created by his work. In the event the Subcontractor fails to clean up as directed, CAM shall clean the site andior structure after 24 hours written notice, and subcontractor will be responsible for all cost. Any trash, debris, or liquid which poses a threat to fire or safety shall be removed immediately. CAM will furnish a common trash receptacle at ground level where all Subcontractors shall deposit their debris. P. It is understood that Insurance must be provided on an acceptable Insurance form and PRIOR to commencement of work. Q. Shop drawings, product data, material certificates, and all other submittals required by the project specifications shall be provided by the Subcontractor in a timely manner so as not to cause project delay. R. A pre-construction meeting, if required, will be scheduled and held before the start of the Work Subcontractor shall attend and cooperate in the reviewing conditions of Work, preparation and installation procedures,and coordination with related work. S. It is understood that adjacent work will be on going and care must be taken to protect the other work from damages, the repair of any damaged work caused by this Subcontractor will be the responsibility of the Subcontractor. Any repairs that the Subcontractor considers to be beyond this normal amount must be submitted to the Contractor in writing prior to the commencement of repairs. Subcontractor is responsible for protection of his work from normal construction debris. T. Subcontractor shall coordinate all material deliveries and onsite storage with the CAM Construction Services Superintendent. Materials will not be received and stored without prior coordination. It is the responsibility of the Subcontractor to receive, unload, safely store and protect all materials utilized in this Subcontractor's Work. U. Subcontractor shall treat all information relating to the project as confidential and proprietary Information and shall not permit its release to other parties or make any public announcements or publicity releases without the Contractors written authorization. V. Subcontractor shall, within seven (7) days of receiving payment, pay all bills for labor and materials performed connected with performing work under this Agreement. Upon written request by the Contractor, Subcontractor shall provide evidence that this requirement has been met. Subcontractor shall also require its vendors and subcontractors to comply with this requirement. W. The Work shall be performed in accordance with the latest regulations of the United States Department of Labor, Bureau of Labor Standards, OSHA Safety and Health Standards, Bureau of industrial Safety and Health,and other applicable local codes. X. subcontractor shall provide their Safety and MSDS Information to CAM for review prior to starting work.. Subcontractor must maintain all MSDS Sheets and Safety croarams ON SITE. Payments will be sub ect to denial based on the above. Y. Temporary safety lighting for the project will be provided: However, additional or supplemental task lighting, whether incandescent, fluorescent, halogen, or other lighting will be provided by Ilie Subcontractor to completely perform the work of this subcontract. CAM Construction Services,Ina, Page 3 initial; f8_07 Electrical(Quality First Electric SWFL Corp.) EXHIBIT"B" DT 6188 Miami Shores 9055 Biscayne Blvd.MiamI Shoras,Florida 33138 Z. There will be no radios allowed on the jobsite other than for communication. There will be no smoking allowed in the building There will be no food or drinks allowed in the building after the finish trades have started installation. AA.All construction personnel will be required to dress appropriately for the site location and work conditions. Workers will wear sleeved shlrts, Iona pants and safety attire includina appropriate s oes while on site to comp I with OSHA standards HARD Sand SAFETY GLASSES are to be worn at ail times. BB.Subcontractor acknowledges that sexual remarks, gestures, or other means of inappropriate communication may not be directed to any employee or member of the general public accessing this building or any adjacent building. Should any employee of this Subcontractor or his Sub_ Subcontractor disrupt the quiet enjoyment of the adjacent properties or violate this subcontract requirement in any way,said employee will be removed from the jobsite. CC. The Subcontract amount, Identified in Paragraph DD, Is a lump sum cost to complete the Work. All :fists associated with the perfonniance of the Work for licenses, taxes, bonds, insurance and other costs incidental to the completion of the Work required by the contract Documents and governing authorities is included in the Subcontract amount. Furthermore, the subcontractor acknowledges that he has examined the Contract Documents identified in Exhibit"A°, the schedule and the site and he has made all the Prim. intered during the progress of to Work to establish Ie 5liuGuntract amount. DD. The Contract Amount is determined as follows: Subcontract work $20,290.00 Retainage 10% Total Subcontract Amount $20,290.00 PAY APPLICATION Due Pay Applications due as follows: 50% with unconditional releases on 09125115 unless your DATES: 08125/15 scope Is 100% in first 2 weeks, then submit 90 % application with unconditional releases. 115 w30wlt�1 /1s Submit 90%application 10/23115 with unconditional releases then 10%retainage on10130115 1311 10/ full and final releases.As shown on Exhibit E.These are the Dollar Tree Payment terms and orha nal unconditional releases are required by them prior to ANY pay app release. EE. For emphasis, TIME IS OF THE ESSENCE OF THIS SI.lBCONTPLACT, Isrepeated, Subcontractor shall commence the Work when directed by the Contractor and agrees to diligently and continuously prosecute such Work in a manner not to delay any other Work being done on the project by other trades or the phases and/or final completion of the project. The Subcontractor agrees to complete the Work In compliance with the agreed upon construction schedule. OWNER: ARCHITECT: Dollar Tree Stores,Inc. RRMM Architects,PC 500 Volvo Parkway 1317 Executive Blvd.,gulfs 200 Chesapeake,VA23320 Chesapeake,VA 23320 End of Contract Exhibit B CAM Construction Services,Inc. Paye 4 Initial: l 6' 07 j _ .�tl fi t t ,nt y�L-liun �' 5'r` :i 5:7."5, i s r a �i y s. k.!' t3 a-- tz i -r.. - z r s NO: 6188-06 DATE: September 1,2016 VENDOR: Suncoast Plumbing&Electric,Inc. S Post Office Box 2290 JOB VIA FOB Jobsile Hom�assa Springs.FL 34447 JOB NAME: DT#6168 Miami Shores Phone (382)628.6608 JOB ADDRESS: 9068 Biscayne Blvd. Miami Shores,FL 33138 Fare (352)628-6M Attention: Todd Workman CONTRACTOR: CAM Construction Services,Inc. JOB CONTACT: Mike Lemons 8109 East Martin Luther King,Jr.Boulevard Field Operations Tampa FL 33169 CAM Construction Services,Inc. Phone: (813)626-8643 Mobile: (813)410-6555 Fax: (813)626-W99 jMPORTANT NOTE: It is IMPERATIVE In to interest ihroor patp ay gent Matt all pay addlr lic above.voices be rendered in The original with two(2)copies. Mail together with two(2)copies 9 ITEM NO. QUANTITY OE5CRIPliON UNIT AMOUNT Provide all Required Labor, Materials and Equipment necessary to perform the complete scope of work as follows: Division 15- Plumbing Systems-supply labor, materials, equipment $8,400.00 t LS and mise. accessories as required to provide a aompbte Plumbing System as Indicated on all Exhibits,attached as follows: Exhibit A— Contract Documents Exhibit B- Scope of Work Exhibit C- Insurance Certificate Exhibit D- Pay Application Exhbit E- Subcontractor Lien Releases Exhibit F-Construction Schedule Included 2 LS All supervision,layout and dean up on a dally basis has been included In this work order. All work will be performed in accordance with the Contract Documents listedInExhlbitt A attached to this agreement. Subtotal $8,400.00 Sales included Seller's sales tax permit number is:Wig Tax $ 8,400.00 The Sales Tax Permit number is for the Slate where the materials will be delivered. If the Seller does not TOTAL e �+a c�ramaoa oma. have a number,enter"NONE". CAM Constru on cos,Inc. A Florida SC 0 n F.O.B. Jobsite BY: TERMS: Pay Application C One Lemons,President GAM ConstrycUon Services,Inc.GGC 1505471 it Initial: 01/01/2013 FORM WO Page 1 of 2 CAM Construction Services Inc.WORK ORDER NO. 6144: 1. The Seller warrants that the labor,materials and equipment furnished under this Oder shall be In strict compliance with the applicable Contract Documents, which are shown on the attached list. Seller shall immediately furnish, for the approval of the Architect, all shop drawings, manufacturers data, certificates Of compliance and samples, and all labor, materials and equipment furnished hereunder shall be to strict accordance with the said submittals,and shall be in strict accordance with said submittals,and shall be subject to the approval and acceptance of he Buyer,Architect and Owner. the materials and equipment hereunder on the date specified by this Order and by 2. Time is of the essence of this Agreement. Seger shall supply materials or equipment are the job schedule. Failure to make deliveries on the date specified shag constitute a breach of rchaagreement.sateria s and equipment elsewhere, not delivered when specified,the Buyer shall have the right upon 24 hours written notice to purchase rand eceive Seller Information that the delivery datemmay not be met,he shes suffered by the at ier mmediately 9�he Buyer notice to this effect specifying specified. the length of the delay and delivery. receipt llars of the 3 For good and Workk Oder amoun valuable el forth above tothe be paid y Buyer sufficiency Sler in acco dance with the terms ofgth s Work IOrdehitectSeller fl shall,hundredve thir a est extent permitted by law,unconditionally indemnify,hold harmless,protect and defend Buyer,the Owner and the Architect and all of their agents and employees(the"Indemnitee"or"Indemnitees')from and against all claims,ge lawagasi losses cul of o expenses, sesulting from the um t riot ofilabo�metedaiss fees(other litigation expenses and punitive damages K allowed by app ), equipment by Seller under this Oder or any other furnishing of labor,materials or equipment provided that any such claim,damage,loss or expense (a)is attributable to bodily injury,sickness,disease,or death of any person(including employees of Seller,Indemnitees,and any thiin rd parties),or patent infringement.or to injury to or destruction of tangible property Including the loss Of use os therefrom, i m'veer anyorre for whose whole or in part by any negligent or wrongful ardor omission of the Seller u anyone directly acts he may be liable,or is caused by or arises out of the use of any products,material or equipment furnished ee Suer. This indemnification obligation shall expressly include but not be limited to protecting,do ferxding and holding harmless each Indemnitee wr and against all claims, lasses,costs,damages,anplrufemntteetlwhols solely negligent Segen ller agrees thes caused by or arising out of such at It and tsssubcontraown gctorst or subor -subcontractors suubcoon ractorso` ill maintain but it shag not apply y workman's public liability end property damage Insurance in reasonable limits covering the obligations set forth above and will maintain proper compensation Insurance covering all employees,engaged n the performance of such services and/or delivery and/or Installation. alltion. se speci 4. egeulpment furnisiodctimder this Older she 1 equipment of g furnished yerftaender rom shall be new unless Its and defects and h In�conformance with the Contract Documents aM work not confoirmng to these standards shall be considered defective. The warranty provided in this Paragraph shag be in addition to and not in limitation of arty other warranty or remedy required by law or by the Contract Documents. 5. if materials are not in accordance with plans,specifications and Contract Documents,or If defects or f u r.`he�Pr shall Immediately!athis period specified by the Contract Documents from the date of final acceptance of the materials by the own expense,repair or make good such breaches,defects or defaults. 6. No certificate given or payment made under this Oder,either interim or final payment,shall be evidence of the performance of this Agreement, either wholly or in part,and no payment shall be construed to be an acceptance o defective work or improper materials. 7. Buyer has no duty to discover defects,patent or otherwise. Inspection and clearance for shipment by Buyers inspectors,and receipt of delivery at the jobsllo strati not repave Seller of any of its obligations and duties under this Order. the Setter or otherwise accepted or 8. Identification of the goods under the Uniform Commercial Code will occur when this Oder Is acknowledged by as soon as practicable thereafter. For purposes of this Order delivery shall constitute receipt of goods as sprrcfiied at the jobsite. Unless otherwise stated herein,title shall pass upon delivery to the jobsile. g tThe axepurchase local.rae price ate arse Federal,�assethis Osedd or chargeable because of er shall include the cost of this transactionll labor, ,r�ssspec�caily omitted iittled on the first page hereof.land all wages,fringe benefits or other payments under applicable collective bargaining agreements,workman's compensation toes,and social security and unemployment compensation taxes,all of whiaid by the Seller so that the material shall be dei ch shall be paid free of any liens and claims. All items shop be packed by Seller in suitable containers for protection in shipment and storage. Buyer may withhold sufficient funds from any payments to cover any liens until the liens are discharged and withdrawn. with all federal and stale laws and municipal codes,ordinances and 10. All labor and materials furnished hereunder shall comply in every respect regulations relating thereto. 11. The Buyer reserves the right to suspend shipmens of material covered by his Order In the event of strikes,differences with tabor,Interruption o transportation,accident to plant or equipment,fire,floods,ads of God or other contingencies beyond Buyers control. 12. Should this Order be for rental purposes, the rental price shown on the Order hereof shall include full Insurance and maintenance coverage, unless otherwise specified. Act and where such hed 13. The Seller Is familiar with the Fair labor Standards Act the arms and provisiation to ons thereof es and n agrees to hold he Buyerr harmless from any violerials a on of under this Contract.the Seller agrees to complygency thereof the same Interest orsupervision,yger. thine Seller shall clomply with the Davis-Bacs are to be used by the�Act and Oltr on any ootherlaaws and regulations oGovernment tUnit St States Government. s an 14. The Seller shall not sublet or assign this Order or any portion thereof without the written consent of the Buyer. 15. In the manufacture,assembly and delivery of the materials covered by this Order,Seller shall employ only such labor as will enable Buyer to erect said materials at he buildir�in harmony with all other trades employed on the project. 16. Buyer may,by t the order.make changes in this Order and,to the oxicnt of such change;the price set forth on this Order hereof shall be adjusted accordingly. If Sopor receives any request to quote a proposed change,or any other direction or instruction which Seger construes e change,Seiler shape immediately notify Buyer of the increase or decrease in price and time necessitated by the proposed change' Noo change gee in price or lime shall be valid or effective without a prior written change oder from Buyer. in this Order are Buyer and 17. This co Seller as the al,complete and rexclusive steement atement een Buyer of the terms of their Agreement. All othorndItIons�negotiations,proposals and quo at ons are void and ineffective. DATE ACCEMED: q'Q►"[�l� / COMPANY: Suncoast Plumbin 8-Eloctric,inc. SIGNATURE BY: Title: ' AEIIOVE.. ACCEPTANCE OF I MG SIGN IALLOR COPIES ANY ATHIS CTIONORDER N D R.S FMRN (1)NE ORIGIN TOACCEP IWCE�P TfiCT]�NERE�S O SMS PAGE AND nE SECOND PAGE OF HIS RDERTM�Hp�CHI OR A00MONS, 0110112013 FORM-WO Pago 2 of 2 Initial: EXHIBIT"B" Plumbing(Suncoast Plumbing&Electric,Inc,) DT#6188 Miami Shores 9055 Biscayne Blvd.Miami Shores,Florida 33138 A, GENERAL SCOPE OF WORK FOR: Plumbing Systems Subcontractor agrees to provide at his own expense all required supervision, labor, materials, engineering, tools, scaffolding, shoring, clean up, hoisting, and anything kage necessary anAd work snail be incidental to complete the Plumbing Pacas outlined below for the DT#6188 Miami Shores, in strict accordance with the contract documents as defined by Exhibit"A". B. Subcontractor is responsible for providing a complete Plumbing Package. No unreasonable additional cost Wit be incurred by CAM Construction Services or the Owner for minor changes and/or clarifications to the Work. C. SPECIFIC SCOPE OF WORK: More specifically, the Work to be performed shall include, but is not limited to, the following as required by the Contract Documents: 1. Rework of existing space plumbing service and distribution as shown on the construction documents. 2. All existing sanitary lines shall be cleared prior to new connections to ensure proper discharge and flow without obstruction, should any existing conditions be found sub shall notify CAM immediately in writing,via email. 3. Provide all lay-out required for this scope,for saw cutting of concrete by others. 4. Install owner provided fixtures. 5. Provide and install fixtures shown on plans not furnished by owner. 6. Provide all lay-out required for this scope,for saw cutting of concrete by others. 7. Hook up of owner furnished equipment,as indicated on the documents. 8. A complete installation that strictly complies with all applicable codes and governing regulations. 9. Miscellaneous accessories and other work customarily associated with this trade. 10. Testing of the complete system as required 11. Make application for, secure, and pay for all permits and required occupational licenses as required. Any and all re-inspection fees required due to non-passing inspections by this subcontractor shall be paid for by this subcontractor. 12. All miscellaneous equipment, fixtures, hangers, install of water heater support/sheiving, sleeves, PVC, CPVC, copper, pipe insulation, condensate drywells, accessories and access panels required for this scope of work,other than those provided by owner. 13. Sealants and/or fire stopping for floor and wall penetrations by this trades scope of work. 14. Cleanup of all debris caused by this work. Debris to be deposited in container designated and furnished by the Contractor. 15. Layout,distribution and installation of all materials for this work. 16. Scaffolding or other means of vertical transportation required for installation of this work. 17. Coordination of this work with other trades. 18. Final cleaning for this scope of work. 19. Receive, unload,inventory and store if required, all materials required for this work. 20. Provide any required close out documents within one week of substantial completion. D. WORK EXCLUDED FROM THE SCOPE OF WORK The following items are excluded from the work: 1. Cutting or patching concrete. 2. Roof penetrations,flashing or pitch pans. 3. Utility fees. 4}c 1 Initial: CAM Construction Services,Inc. 618 5 EXHIBIT"B" Plumbing(Suncoast Plumbing&Electric,Inc.) DT#6188 Miami Shores 9055 Biscayne Blvd.Miami Shores,Florida 33138 E. The Subcontractor agrees that the allowed percent (%) for overhead and profit for changes in the Scope of the Work shall be as follows: Work performed by their own forces 10% Work performed by their Subcontractors 5% F. Unless the specifications supersede with a special warranty dictating a longer warranty, the warranty perm is one(1)year from the actual substantial completion date or the date when final as-built/warranty documents are provided,whichever is later. G. It is understood that every single condition, connection, transition, etc, cannot be specifically detailed in the Contract Documents. Details are provided for typical conditions and making reasonable adjustments to adapt these to the specific conditions throughout the project is a part of the scope of work of this Subcontract and does not constitute a change in the scope of work. H. All Subcontractors shall be required to attend weekly project meetings, and must complete daily reports if requested by CAM Project Superintendent, I. The Subcontractor shall be responsible for obtaining and maintaining Contract Documents for their own use, including cost of blueprinting and shipment. J. The Subcontractor shall accurately record all changes, revisions, and additions to the work on the Contractors"Record Set"of drawings on at least a monthly basis. K. The Subcontractor shall submit their"Schedule of Values" for approval by CAM a minimum of Five (5) days prior to their initial Application for Payment. 1... The Subcontractor acknowledges that time is of the essence in the performance of this work. The Contractor and the Subcontractor have agreed to prosecute this work in accordance with the Project Construction Schedule. It is agreed that Substantial Completion of the entire project is 6 weeks from Commencement; the Subcontractor will employ every means necessary to insure that his work maintains the construction schedule. Costs associated with meeting this schedule are included in this subcontract. Scope duration approximately 4 days throughout this projects schedule M. Subcontractor acknowledges that Saturday and Sunday shall be utilized when necessary to maintain or make up for lost time so as to meet all critical completion dates for the Project Schedule. Saturday is considered a make-up day in the event of inclement weather andlor holidays. N. CAM Construction Services will provideo bshallber,for th asic lQesponsible howevut lines and erons to,for the f this Workcilitate the tion of this Subcontractor's work. This Subcont 0. The reference to clean up in this agreement shall be strictly enforced on this project. The Subcontractor shall,on a daily basis, remove all trash and debris created by his work. In the event the Subcontractor fails to clean up as directed, CAM shall clean the site and/or structure after 24 hours written notice, and subcontractor will be responsible for all cost.furnishris,or trashliquid receptacleposes at groundthreat level where all shall be removed immediately. CAM Subcontractors shall deposit their debris. v{� 2Initial: CAM Construction Services,Inc. 61 5 EXHIBIT"B" Plumbing(suncoast Plumbing&Electric,Inca DT#6188 Miami Shores 9055 Biscayne Blvd,Miami Shores,Florida 33138 P. It is understood that Insurance must be provided on an acceptable Insurance form Exhibit C and PRIOR to commencement of work. Q. Shop drawings, product data, material certificates, and all other submittals required by the project specifications shall be provided by the Subcontractor in a timely manner so as not to cause project delay. R. A pre-construction meeting will be held before the start of the Work. Subcontractor shall attend and cooperate in the reviewing conditions of Work, preparation and installation procedures, and coordination with related work. S. it is understood that adjacent work will be on going and care must be taken to protect the other work from damages, the repair of any damaged work caused by this Subcontractor will be the responsibility of the Subcontractor. Any repairs that the Subcontractor considers to be beyond this normal amount must be submitted to the Contractor in writing prior to the commencement of repairs. Subcontractor is responsible for protection of his work from normal construction debris. T. Subcontractor shall coordinate all material deliveries and onsite storage with the CAM Construction Services Superintendent. Materials will not be received and stored without prior coordination. It is the responsibility of the Subcontractor to receive, unload, safely store and protect all materials utilized in this Subcontractor's Work. roprietary on and U. Subcontractor shall irel treat allinformation fotherrt'parties or makg to e any public announcements e project as confidential andor publicity releases'without shah not perm P the Contractors written authorization. V. Subcontractor shall, within seven (7) days of receiving payment, pay all bills for labor and materials performed connected with performing work under this Agreement. Upon written request by the Contractor, Subcontractor shah provide evidence that this requirement has been met. Subcontractor shall also require its vendors and subcontractors to comply with this requirement. W. The Work shall be performed in accordance with the latest regulations of the United States Department of Labor, Bureau of Labor Standards, OSHA Safety and Health Standards, Bureau of Industrial Safety and Health,and other applicable local codes. X. Subcontractor shall provide their Safety and MSDS Information to CAM for review prior to start!gR work. Subcontractor must maintain all MSDS Sheets and Safety programs ON SITE. Payments will be subiect to denial based on the abo e. Y. Temporary safety lighting for the project will be provided: However, additional or supplemental task lighting, whether incandescent, fluorescent, halogen, or other lighting will be provided by the Subcontractor to completely perform the work of this subcontract. Z. All construction Personnel will be re uired to dress aRpropriately for the site location and work conditions Workers will wear sleeved shirts, ]on q pants and safety attire, including appropriate shoes while on site to complywith OSHA standards. HARD HATS and SAFETY GLASSES are to be worn at all times. F'a yr- 3 Initial: CAM Construction Services,Inc. 618 5 EXHIBIT"B" Plumbing(Suncoast Plumbing&Electric,Inc.) DT#8188 Miami Shores 9055 Biscayne Blvd,Miami Shores,Florida 33138 AA,There will be no radios allowed on the iobsite other than for communication. There will be no smokin allowed in the building There will be no food or drinks allowed in the building after the finish trades have started installation BB.Subcontractor acknowledges that sexual remarks, gestures, or other means of inappropriate communication may not be directed to any employee or member of the general public accessing this building or any adjacent building. Should any employee of this Subcontractor or his Sub-Subcontractor disrupt the quiet enjoyment of the adjacent properties or violate this subcontract requirement in any way, said employee will be removed from the jobsite CC.The Subcontract amount, identified in Paragraph DD, is a lump sum cost to complete the Work. All costs associated with the performance of the Work for licenses, taxes, bonds, insurance and other costs incidental to the completion of thp.Work required by the contract Documents and governing authorities is included in the Subcontract amount. Furthermore, the subcontractor acknowledges that he has examined the Contract Documents identified in Exhibit"A", the schedule and the site and he has made all the investigations deemed necessary to understand the above and/or difficulties which may be reasonably encountered during the progress of the Work to establish the subcontract amount. DD.The Contract Amount is determined as follows: 8 400.00 Subcontract work --0— Retainage 10% Total Subcontract Amount $8,400.00 PAY APPLICATION oua Pay Awlications due $follows: 50% with unconditional releases on 09125115 unless your DATES: scope is 100% in first 2 weeks, then submit 90 % application with unconditional releases, 09126/15 Submit 901/o application 10123115 with unto^ nditional releases then 10%retainage on10130115 11 MMM with full and finial releases,As shown,on Exhibit E.These are the Dollar Tree Payment terms 10130115 and original unconditional releases are required by them prior to ANY pay app release. EE.For emphasis, TIME IS OF THE ESSENCE OF THIS SUBCONTRACT, is repeated. Subcontractor shall commence the Work when directed by the Construction Manager and agrees to diligently and continuously prosecute such Work in a manner not to delay any other Work being done on the project by other trades or the phases and/or final completion of the project. The Subcontractor agrees to complete the Work in compliance with the agreed upon construction schedule. OWNER: ARCHITECT. DollarTreo stores,Inc. RRMM Architects,PC sell Volvo Parkway 1317 Executive Blvd.,Suito 200 Chosapeake,VA 23320 Chosapeake,VA 23320 END OF CONTRACT EXHIBIT "B" CAM Construction Services,In . 4 Initial: 6188 1 6188-07 SUBCONTRACT Subcontract Data: 9/1/16 General Classilication:HVAC Vendor Number. 6188-06 Project Name:DT 6188 Miami Shores Address:9066 Biscayne Blvd. City/State0p; Miami Shores,FL.33138 FOR VALUE RECEIVED,the receipt and sufficiency of which is hereby acknowledged,this agreement is made and entered into effective as of the date written above("Subcontract Date')between: CONTRACTOR/CONSTRUCTION MANAGER: CAM Construction Services,Inc. ("Contractor") Address for Notices: 8109 E.Martin Luther King Jr.Blvd. Tampa,FL 36619 Attention: Christine Lemons Telephone Number. 813-626-8643 Facsimile Number. 813-62686°9 and 6luamec Coro.{"Subcontraatar") aI�State Corporation (corporation,paMwmhlp,Indviduo Address for Notices: Strep. 1671 W 3e Place n 1407 City,State,Zip Code Hialeah,FL 33012 Attention Gerry d'Escrivan Telephone Number 305.330.6.727 Facsimile Number 866.605.3732 Federal Employer Identification Subcontractor's State Tax Subcontractor's State License No: 284521765 Na No: 1, Inc f.� ARTICLE 1:GENERAL PROVISIONS 1.1 Contract Documents.The"Contract Documents"are:(1)this Subcontract and Exhibits hereto;(2)the prime contract between the Owner and the Contractor for the Project and its general,supplementary and special conditions,if any,and all(the"Prime Contract7;(3)all designs,drawings, and specificalorw and (4) all Change Ordeand other modifications to the temp of this Subcontract that are executed by Contract-and Subcontractor. 1.2 ts. The Contract Documents are Intended to be complementary and shall be Interpreted so as to be consistent However,in the event of a conflict between this Subcontract and the Contract Documents,the terms of this Subcontract shall control. With respect to all other conflicts between or among any portion of the Contract Documents,such conflict shall be resolved In the manner set forth In the Prime Contract If the Prkne Contract does not resolve the conflict,then the Subcontractor will be bound by the resolution of such conflict ultimately determined between the Owner and Contractor. Should there be any discrepancy or conflict in the Contract Documents(ncluding,without runitation, any portion thereof that is at variance with applicable codes,laws,ordinances,rules,regulations),Subcontractor shall immediately notify Contractor for a decision. ARTICLE 2: THE SUBCONTRACT AMOUNT 2.1 Subcontract Amount Inclusions. The Subcontract Amount Is described in Exhibit "B" attached hereto and constitutes the complete compensation to Subcontractor for performance of the Work. ARTICLE 3: THE WORK 3.1 The 'Work" means all labor, equipment, machinery, materials, fees, supervision, and other services of any kind required for the complete performance by Subcontractor of the portion of the Project described In Exhibit M." The Work includes ail things reasonably inferable from the Contract Documents,and anything and everything necessary to complete the Work in accordance with the Contract Documents.The Work Is subject to the decisions,directions,and approval of the Architect and Owner,to the same extent and in the same manner that the Contractor's work is subject to the decisions and directions of the Architect and Owner under the terms of the Prime Contract between Owner and Contractor 3.2 The Work Includes,without limitation: 3.2.1 Shop drawings,erection drawings,field-use drawings,diagrams,samples,laboratory reports,Inspection reports,product data,mock- ups,and any other required submittals as directed by the Contractor. 3.2.2 Daily clean up of all debris occasioned by the Work and hauling of debris to a central location designated by Contractor and/or In accordance with laws,statutes,ordinances,or codes governing disposal of such debris. Except for an emergency for which no prior 1 Quamec Corp.Subcontract Initials ' 26188-07 notice is required, If, after twenty four(24) hours written notice by Contractor to Subcontractor, Subcontractor has not diligently proceeded with the required clean-up, than Contractor has the right, but not the obligation,to proceed with the clean-up work at Subcontractor's cost and expense,and to charge Subcontractor and/or deduct the cost of same from the Subcontract Amount. 3.2.3 Application and payment for all permits, licenses,applications,plans and government inspections necessary for the execution of the Work for which Subcontractor is responsible. Subcontractor shall assume full responsibility for such compliance, be responsible for ail fines for non-compliance and shall bear the cost attributable to correction. ARTICLE 4: WARRANTIES AND GUARANTEES 4.1 Subcontractor General Warranty. Subcontractor warrants that all materials furnished and Incorporated by it into the Project shall be new, unless otherwise spectfied, and that all Work under this Subcontract shall be of professional workmanlike quality and free of defects. Subcontractor shall warrant workmanship for one(1)year from the date of final completion of the Project by Contractor(or such longer period of time as may be provided for under the Contract Documents or by applicable law). Work not conforming to the Contract Documents shall be considered defective and shall be repaired or replaced(at Contractor's discretion)by Subcontractor at its expense and as directed by Contractor. Subcontractor's warranties shall be in addition to,and not a limitation upon,the terms of any other warranties,guarantees or remedies expressly or impliedly required or provided for by law or the Contract Documents. 4.2 Correctly&or Remedial Work, Subcontractor shall promptly perform all corrective or remedial work (including,without limitation, repair or replacement of any work damaged thereby) required by Contractor in order to make the Work conform to the requirements of the Contract Documents and any warranties and guarantees,and shall execute and deliver to Contractor such other and further documents as are reasonably requested by Contractor to further evidence such conformance. Subcontractor's warranties,guarantees and indemnities with respect to its Work performed through the date of termination shall survive termination of this Subcontract and be in full force and effect for the period of time prescribed by the Contract Documents,this Subcontract,or applicable law,whichever is longer. 4.3 Subcorrtractor Rsoresentaflons. Subcontractor represents and warrants that Subcontractor:(1)holds all licenses required by applicable law for performance of the Work; (2)has reviewed and Inspected the site of the Project and the Contract Documents, and Is satisfied as to the conditions affecting the Work including,without limitation,transportation,disposal,handling and storage of materials,availability of qualified labor, utilities,and resources necessary to the Work,the conditions of the site,and the type of equipment and facilities needed for performance of the Work. Subcontractor understands and accepts responsibility for conditions resulting from the surface and subsurface conditions of the site. ALL WARRANTIES AND GUARANTEES SHALL SURVIVE INSPECTION,ACCEPTANCE,PAYMENT AND USE. THE WARRANTIES AND GUARANTEES SET FORTH IN THIS SUBCONTRACT ARE IN ADDITION TO ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY. ARTICLE 5: DUTIES AND RESPONSIBILITIES OF CONTRACTOR 5.1 chedule. Contractor shall prepare,update,and periodically modify,a Schedule coordinating the times and sequences required for each area of Work on the Project). Subcontractor's operations shall conform to the Schedule then in effect. Upon request by Contractor,Subcontractor shall promptly provide to Contractor a detailed schedule of the Subcontractor's Work including the status of all Items with long lead times and the sequencing of required work. Subcontractor shall Immediately notify Contractor if Subcontractor has reason to believe that Contractor's schedule may not be accurate. Without limitation, Subcontractor shall notify Contractor if the work of any other party is likely to delay the Work to be performed by Subcontractor. 5.2 Asslanment Contractor may,without the prior consent of Subcontractor,assign this Subcontract or any portion thereof or any claim thereunder to any of the following:(1)the Owner;(2)the construction lender,or(3)any successor or affiliate of Contractor. 5.3 ProlectDooka and Records. Contractor may,upon reasonable notice,audit,copy,and inspect all books and records of Subcontractor relating to the Project. ARTICLE 8: PFtO(3W$S PAYMENT APPLICATIONS 6.1 Schedule of Values. Subcontractor shall submit to Contractor a schedule of values for the Work equaling the Subcontract Amount within ten (10)calendar days after the Subcontract Date or five(5)calendar days before Its first application for payment, This schedule of values,when approved by Contractor,shall be used as the basis for the Applications for Payment of Subcontractor. 6.2 Application for Payment Subcontractor shall submit Its Application for Payment to Contractor in accordance with Exhibit B with required breakdown of data to permit checking and approval and in a form acceptable to Contractor. A condition of payment is that Subcontractor provides satisfactory evidence that all labor,equipment and material costs in connection with the Work have been paid In full along with Lien Waivers and Releases in a form acceptable to Contractor and executed by Subcontractor and any potential Ilenor working under Subcontractor's direction. Contractor's receipt of payment from Owner is an absolute condition of Contractor's obligation to pay Subcontractor and Subcontractor acknowledges the risk of non-payment by the Owner to the Contractor and understands that the Owner's failure to pay Contractor, for any reason,relieves Contractor from any duty or liability to pay Subcontractor pursuant to the Contract Documents. 6.3 Wlthhotdina Paymenk Payments,whether progress or final,may be reduced or withheld by Contractor as a result of (1)defective Work;(2) claims or liens arising from the Work;(3)Subcontractor's failure of to pay its subcontractors,laborers,materialmen or suppliers;(4)reasonable doubt of Subcontractor's financial ability to complete the Work or that Subcontractor's remaining Work can be completed for the balance of the Subcontract Amount; (5) any uncured breach of this Subcontract; and (6) back-charges. Contractor's right to withhold payment under this Subcontract is enforceable when the aforementioned conditions occur in any agreement or contract between Contractor and Subcontractor. 2 Quamec Corp.Subcontract Initials lr� c.f 3 6188-07 ARTICLE 7:FINAL P& ENT APPLICATION 7.1 Application for Payment Subcontractor shall submit its Application for Final Payment to Contractor in accordance with Exhibit B with required breakdown of data to permit checking and approval and in a farm acceptable to Contractor. A condition of payment is that Subcontractor provides satisfactory evidence that all labor,equipment and material costs in connection with the Work have been paid in full along with Final Uen Waivers and Releases In a form acceptable to Contractor and executed by Subcontractor and any potential lienor working under Subcontractor's direction.Contractor's recelpt of payment from Owner Is an absolute condition of Contractor's obligation to pay Subcontractor and Subcontractor acknowledges the risk of non-payment by the Owner to the Contractor and understands that the Owner's failure to pay Contractor,for any reason,relieves Contractor from any duty or liability to pay Subcontractor pursuant to the Contract Documents. 7.2 Conditions for Final Payment Subcontractor's right to finel payment is conditioned on: (1) approval and acceptance of Subcontractor's Application for Final Payment by Owner,Architect and Contractor, (2)completion of all"punch-list"work and other work required to bring the Work into compliance with the Contract Doczrments; (3)delivery to Contractor of all manuals,"as-builts",all guarantees and warranties including those for material and equipment as required by the Contract Documents,and any documents required by federal,state or local statutes; (4) receipt by Contractor of Final Payment for Subcontractor's Work from Owner; (5) furnishing to Contractor satisfactory evidence by Subcontractor that all labor equipment and material obligations and any other Indebtedness incurred by Subcontractor in connection with its Work have been paid in full, (6)furnishing to Contractor by Subcontractor of final waivers of lion,stop notice and bond rights executed by Subcontractor and its suppliers and sub-subcontractors of every contracting tier,In a form that complies with the requirements of the Contract Documents and Is satisfactory to Contractor; (7)furnishing to Contractor a complete general release In form provided by Contractor, and(8) furnishing to Contractor the written consent of surety,N any,to final payment. Subcontractor expressly assumes the risk of non-payment by the Owner to the Contractor for Subcontractor's Work for any reason Including Owner's financial Inability to pay or refusal to pay for any reason. In addition to the above conditions Subcontractor acknowledges that all payments to Subcontractor shall be made solely out of funds actually received by Contractor from Owner. 7.3 Calculation of Amount The Application for Final Payment amount shall be the Subcontract Amount,as modified and adjusted in mance with this Subcontract, less the aggregate sum of the amounts previously paid under this Subcontract, and less any Subcontractor costs or expenses paid by Contractor or other amounts that Contractor Is authorized to withhold under the Contract Documents or under applicable law. 7.4 Representation of Final Pavmerrt No payment to Subcontractor,whether Progress or Final Payment,shall constitute a waiver of any right by Contractor or any requirement of the Contract Documents. No payment due under this Subcontract,whether for progress payment or final payment,shall bear or accrue interest except to the extent required and not watvable by applicable law. ARTICLE 8: DUTIES AND RESPONSIBIUMS OF SUBCONTRACTOR 8.1 Independent Contractor.Subcontractor assumes all rights,liabilities and obligations under this Subcontract as an Independent contractor and not as the agent or employee of Owner or Contractor. Suboontractoes personnel performing Work shall be considered solely the employees of Subcontractor and not employees or agents of Owner or Contractor. Subcontractor Is solely responsible for the manner of work,employment, direction,assignment,compensation,and discharge of all of its personnel performing the Work. Neither Owner nor Contractor will not control Subcontractor's employment and staffing,however, Owner or Contractor may require removal of Subcontractor's employees from Owner's premises for good cause and Subcontractor agrees to comply with such requests immediately.Subcontractor's shall provide a representative fluent in English at the Project site during all times that Subcontractor's Work Is in progress,and such representative shall be authorized to represent and bind Subcontractor on any matter retafing to this Subcontract. Subcontractor is solely responsible for all matters relating to compensation and benefits of all Subcontractors' personnel who perform Work, Including taxes, Insurance, healthcare, and any obligation imposed under the law. 8.2 Compliance with Applicable Laws. Subcontractor shall comply with all applicable federal, state, county,and local laws,including, without limitation, all statues, laws, rules, ordinances, orders, regulations and codes including Americans with Disabilities Act (ADA) and Federal Occupational Safety and Health Act(OSHA)and any requirements of public or governmental authorities. Except as otherwise provided In this Subcontract, such obligation Includes the procurement of permits, certificates, approvals, Inspections, and licenses, when needed, In the performance of this Subcontract and the Subcontractor's payment of all fines and penalties levied by reason of Subcontractor's non-compliance. 8.3 Safety and Background Checks. Subcontractor shall be responsible for Implementation of safety programs and protocols for the protection of persons on the Project,including Subcontractor's personnel and others. Subcontractor Is responsible for complying with state and federal laws regarding safety. Subcontractor shall, as required by Owner, Contractor, and/or applicable laws, provide background checks on Subcontractor's personnel and at Subcontractor's expense. Personnel found to be unqualified to perform Work as a result of the background check shati not be allowed on the Project. 8.4 Schedulincr. Time Is of the essence of this Subcontract Subcontractor shall cooperate in scheduling the times and sequences required In performing Subcontractor's Work and hereby agrees to perform Its Work in accordance with the Schedule. Subcontractor shall advise Contractor of the status of Subcontractor's progress on a regular basis or upon request Subcontractor's project supervisor or foreman shall attend meetings as scheduled by Contractors project superintendent for the purpose of scheduling and coordinating all activities on the Project,discussing or implementing safety programs,and any other lawful purposes. For Contractor's convenience,Subcontractor shall perform overtime work when directed to do so in writing by Contractor and as Subcontractors sola rn►nedy,Contractor shall pay the actual cosi of the prem€um time portion of such directed overtime without overhead or profit and without liability for arry claim for reduced productivity or Inefficiencies. 8.5 Conseouence of Delays. Subcontractor shall be liable for all costs and damages resulting from any delays In the time or sequence of the Schedule that are caused,in whole or part,by Subcontractor. In the event of delay caused in whole or part by Subcontractor the Subcontractor shalt,at its own expense provide Contractor With a recovery schedule and supply additional labor,supervision and equipment,perform overtime work,and do everything necessary to bring Its Work back on Schedule. 8.6 No Dame es for Delay. Subcontractor shall not be entitled to any damages resulting from delay In the ability to perform the Work.In the event that Subcontractor's Work Is delayed for any reason then its sole remedy shall be to request an extension of the Construction Schedule to account for the delay. Contractor shall not be entitled to any increase In the Subcontract Amount as a result of any delay. 8.7 Protection of Work. Subcontractor shall at its expense: (a)take all necessary precautions to protect the work of other trades from any damage caused by Subcontractur-s operations; (b)protect from darnarge or nijury,by any cause whalsoevicer,the Work,cornp€ele or otherwise,and all of 3 Quamec Corp.Subcontract initials 4 8188-07 Subcontractor's materials,supplies;tools and equipment at or near the Prnjerf;anti(r.)protect the Prrdeci pita,0conee-9 prop"and all adjacQnt properly from damage(Including,but not limited to lateral support)due to Subcontractor's operations. 8.8 Liens. Subcontractor is responsible for promptly paying all potential Lienors working under Subcontractor's direction or control and for collecting Lien Walvers and Releases from said persons and/or entities. in the event a gen by any person or entity working under Subcontractor's direction or control Is recorded then Subcontractor shall promptly cause such lien to be transferred to a bond pursuant to Florida Statute and Indemnify Contractor and Owner for any costs,Including attorneys'fees,associated with the recording of the Lien. Owner and Contractor reserve the right to pay any claim,big,or invoice for all costs of the Work including without Umitation the costs of labor and material used in performing the work directly to the person to whom it is owed and deduct the amount from the payment due the Subcontractor. ARTICLE 9: INDEMNITY 9.1 SCOPE OF INDEMNITY. To the maximum extent permitted by Florida law,Subcontractor shall defend,indemnify and hold Contractor,Owner and their respective officers and employees harmless from any and all claims, actions, liabilities, damages; !ruses and r_oms (Including atiomeys'fees),resulting from the Subcontractor's Work on the Project. Subcontractor's duty to defend under this Paragraph Is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Subcontractor,Contractor, Owner and any Indemnified party. Subcontractor's obligation to indemnify and defend under this Paragraph shall survive this Subcontract Agreement and is not limited In any way by Subcontractor's warranty and/or insurance obligations. ARTICLE 10: iNSURANCE 10.1 Minimum Required Coverage. Subcontractor shall secure and maintain insurance from an insurer licensed to transact business and issue insurance In the state where the Project is located and acceptable to Contractor. Subcontractor shall secure and maintain workers' compensation coverage In amounts equal to or exceeding legal requirements in the state where the Project is located. In addition,Subcontractor shall secure and maintain:(1)Commercial General Liability Insurance with limits of bodily injury and property damage of not less than$1,000,000 per occurrence; (2) Cornmerrlal Automobile Liability Insurance with limits of liability for bodily Injury and property damage of not lese than, $1,000,000 per occurrence. The coverages described herein are minimum requirements and where additional coverages are required In the Contract Documents or the law then the maximum coverage applies as Subcontractors obligation. Subcontractor shag secure Certificates of Insurance from its insurers and the certificates shall be attached hereto as Exhibit'C."Subcontractor represents that it's deductible and self- Insured limits,if any,under the insurance policies required by this Subcontract do not together exceed$50,000.00. Subcontractor shall cause all of its insurance companies to waive rights of subrogation against Contractor,Owner and Architect. 10.2 Additional Insureds. Subcontractor shall cause the Owner,Architect,and Contractor to be named as additional insureds on every policy where an additional Insured can legally be named. Subcontractor shall obtain endorsements to each policy identifying the additional Insureds and the endorsements shall be attached as Exhibit"C." ARTICLE 11: PAYMENT AND PERFORMANCE BONDS 11.1 Subcontractor shall provide,If required,to Contractor as obligee Payment and Performance Bonds on the forms attached hereto as Eichibit"H„ each with a penal sum In the full amount of the Subcontract Amount,with a surety licensed to do business and issue bonds In the State where the Project is located,and acceptable to Contractor. Subcontractor consents to Contractor's communicating directly with the surety on an matters which,in Contractors opinion,bear upon Subcontractor's performance of this Subcontract. The premiums for these Bonds shag be paid by Subcontractor and the cost thereof Is Included in the Subcontract Amount. ARTICLE 12: C MGES. 12.1 No changes shag be made to this Subcontract without a written Change Directive signed by Contractor or Change Order signed by Contractor and Subcontractor. Any extra work performed without a Change Directive or Change Order will be at Subcontractor's expense. Upon notice that Subcontractors Work wig necessitate an Increase in the Subcontract Amount or an extension of the Construction Schedule the Subcontract shall Is given 72 hours to notify Contractor. Failure to notify Contractor within 72 hours shall result in a waiver of Subcontractor's right to seek an increase in the Subcontract Amort or an extension of the Construction Schedule. 12.2 Contractor may Issue a Change Directive to order changes In the Work within the general scope of the Prime Contract(as It may be amended from time to time)consisting of additions,deletions or other revisions,and the Subcontract amount and Schedule shall be adjusted accordingly. If Contractor requests in writing that Subcontractor proceed with any change to the Work,Subcontractor shall proceed with performance of the change to the Work,Including,without limitation,any disputed change to the Work,and shall maintain such performance pending resolution of any dispute unless instructed in writing to ease all or part of the Work by Contractor. Pending final determination of the total cost of a requested change,amounts not in dispute for such changes in the Work shall be included kr payment applications by the Subcontractor and a Change Order shall be executed by Subcontractor and Contractor to evidence the parties'agreement with all or part of such costs.For any portion of such cost that remains In dispute,the Contractor will make an Interim determination for purposes of monthly certification for payment for those costs.That determination of cost shag adjust the Subcontract Amount on the some basis as a Change Order,subject to the final determination of the agreed amount of the remaining Work covered by the change. When the Subcontractor and Contractor agree upon the adjustments that the requested charQa require be made to titis Sub wnlydU,suiii ngfeerfient shall be promptly documented by the execution by both parties of an appropriate Change Order. ARTICLE 13: DISPUTE RESOLUTION 13.1 initial Mediation. Subcontractor and Contractor shag first attempt to resolve any dispute through agreement or mediation. If the dispute is not resolved by agreement or by mediation,then the dispute shag be resolved as follows: 13.1.1 Contractor/Subcontractor Litlgatlon. Disputes solely between Contractor and Subcontractor only shall be resolved by litigation. 13.1.2 Other Dispute Resolution. Disputes involving claims by or against the Owner or Architect (including, without limitation, claims asserted by the Owner or Architect related to Subcontractors Work)shall be resolved by the dispute resolution method,if any,set forth 4 Ou3'nec Corp.Subcontract Initials 5 6188-07 In the Prime Contract or contract between the Contractor and Archiltect,as applicable. Absent such a provision for dispute resolution in the Prime Contract,such disputes shall be resolved by litigation. 13.2 Provisions Governing Dispute Resolution: With respect to any dispute arising out of or related to this Subcontract,the following provisions shall apply: 13.2.1 Choice of Law. The laws of the State In which the Project is located shall,without regard to the laws of that State governing conflicts of laws,govem this Subcontract,unless otherwise provided in the Contract Documents. 13.2.2 Choice of Forum. The exclusive venue for any dispute which must be litigated,shall be the State or Federal District seated In the county In which the Project Is located. 13.2.3 Arbitration. If,pursuant to an addendum to this Subcontract or by other written agreement,the Contractor and Subcontractor have agreed to submit disputes between the Contractor and Subcontractor to arbitration, then such arbitration shall be conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association before a neutral,three(3)member tribunal. Each party shell select one member of the tribunal and the two members shall select the third. For controversies where the amount in controversy is less than$225,000.00, the parties shall mutually select one arbitrator who shall hear the dispute. Such agreement to arbitrate shall be specifically enforceable under applicable State law and shall contain findings of fact and conclusions of law. Judgment upon the award rendered by such arbitration tribunal may be entered in any court of competent jurisdiction. Ali such awards shall be final and binding upon the Contractor and Subcontractor. The Contractor and Subcontractor expressly agree that the rules of the American Arbitration Association applicable to such arbitration shall be modified to allow discovery in accordance with the Federal Rules of Civil Procedure,except that the discovery period shall be limited to six(6)months unless otherwise ordered by the arbitrators. The arbitrator shall allocate the payment of all fees and costs to the parties based upon the arbitrator's findings and shall award reimbursement of attorneys fees and costs to the prevailing party. 13.2.4 Work Durina Dierruto. Un6a:s iiisu`uuted to stop Work by Contrai for of Owrror,Subcontractor shall continue to diligently perfoun all Work despite the pendency of any dispute or any arbitration or litigation proceeding 13.2.5 Attorney's Fees. To the extent permitted in the Contract Documents,the prevailing party in any litigation(or arbitration If the parties agree to have such a procedure)shall be entitled to be reimbursed for its reasonable attorney's fees and costs. ARTICLE 14: TERMINATION AND BREACH 14.1 Termination. Contractor may terminate the whole or any part of this Subcontract for its convenience and without cause. Such notice shall be effective immediately upon mailing notice of the termination to Subcontractor at its last known address. Following such termination and receipt by Contractor of an Application for Payment prepared by Subcontractor in accordance with this Subcontract, Contractor shall pay to Subcontractor an amount derived by multiplying the percentage of Worts completed in accordance with the Contract Documents times the Subcontract Amount and subtracting therefrom any payments previously made and other amounts that Contractor is authorized by this Subcontract to withhold; provided, however, a condition precedent to Contractor's obligation to make such payment to Subcontractor is Contractor's receipt of such payment from Owner. Subcontractor agrees to accept such payment as Its sole and exclusive compensatlon and waives any right it may have to claim additional damages,including,without limitation,loss of anticipated profits,on account of such termination. All provisions of the Subcontract,which by their nature survive final acceptance of the Work, shall remain in full force and effect after such termination. If no Work has been performed by Subcontractor at the time of termination,Subcontractor shall be paid the sum of One Hundred Dollars ($100.00) for Its undertaking an obligation to perform, which amount shall be the sole and exclusive compensation payable to Subconirautur by Cunbacaui Withuut fimitallun to the 00 jai requnantel its of Amiide 6 and Ailiulu 7 pertaining to submissiun of iiuo uneistaliure as a condition of payment,all of which shall apply to payment under this Section,as a condition precedent to receiving the payments called for in this Article 16.1, the Subcontractor shall deliver to the Contractor all documentation relating to the Project, including any designs, plans or specifications, CADD tapes or discs and execute a release of all claims and waiver of liens In a form satisfactory to Contractor against the Contractor,Owner and the Project. 14.2 t3 'Glt. if olibwntiaCiur 8t any time and for any reason(1)meioses,neglects or becomes unable to supply adequate supervision; (2)refuses, neglects or becomes unable to supply sufficiently skilled workmen; (3)refuses,neglects or becomes unable to supply materials or equipment of the proper quality or quantity; (4)fails in any respect to perform the Work as required by the Schedule with promptness and dfilgence;(5)fails to perform work of the quality required by the Contract Documents;(6)fails to perform to the satisfaction of Contractor any other obligations of this Subcontract,or M otherwise delays the Work of Contractor or others,the Subcontractor shall be deemed in breach of this Subcontract In such event Contractor may notify Subcontractor in writing of the occurrence of the breach and the corrective action required. 14.3 Malarial Breach. If any breach by Subcontractor continues for five(5)calendar days following the receipt of notice of breach from Contractor, and If the Subcontractor has refused or faded to cure such breach during such five(5)calendar days,then such breach shall be deemed to be a "material"breach. Notwithstanding the foregoing,there shall be no notice and care periods for Subcontractor's failure to maintain the required Insurance. 14.4 Options and Remedies for Material Breach. Upon the occurrence of a material breach by Subcontractor,Contractor may,1thout further notice or opportunity to cure,at its option,without prejudice to any other remedy: (a) provide labor,materials,equipment or services necessary or required in Contractor's opinion as a result of such breach,and deduct the cost thereof from any sums then due or thereafter to become due Subcontractor, or to the extent that such sums are Insufficient to cover all of Contractor's costs, then Subcontractor shall pay such difference within three (3) calendar days of Contractor's demand for payment; tb) immediately suspend performance of all the Contractors obligations under the Subcontract with respect to the Project(s); (c) take over exclusive use and possession of and a preferred lien on all of Subcontractors appliances,equipment,temporary works, materials and all other things used or supplied by Subcontractor in connection with the Project and Subcontractor shall take whatever actions may be required to establish this preferred lien; (d) enter upon the premises and take all action necessary to complete the Work under this Subcontract,including engaging the services of others; 6 5 , QuamecCorp.Subcontract Initials 6 6188-07 (e) terminate Subcontractor's right to continue to perform under this Subcontract upon written notice;effective immediately,or (t) otherwise arrange for the performance of Subcontractor's obligations under the Subcontract. The sx6mise of any of the above options or any other remedies shalt not be deemed a waiver of any other right, remedy or option of Contractor available under this Subcontract or at law. Subcontractor shall be fully responsible for and remain liable for Contractor's expenses arising from any breach by Subcontractor, including, without limitation any liquidated damages payable under the Contract Documents. The Contractor's expenses arising from the breach shall Include,but not be limited to,in addition to the expense of arranging for the performance of Subcontractor's obligations, ail of Contractors costs and damages incurred by Contractor due to the Subcontractor's breach of this Subcontract,Including attorney's fees. If the expenses arising from the breach and exercising any remedy exceed the unpaid Subcontract balance, Subcontractor shall, upon demand, promptly pay the difference to Contractor within three (3)days of Contractor's written demand for payment Subcontractor agrees to execute any assignments necessary to make available to Contractor and the Owner the rights of Subcontractor under any of its purchase orders, sub-subcontracts and other Subcontractor commitments to the Work for the Project. To the extent permitted by applicable law, Subcontractor hereby waives all claims against Contractor for anticipated profits, consequential damages,rent on equipment or other damages related to the exercise of any remedy under this Subcontract by Contractor. ARTICLE 15: MISCELLANEOUS PROVISIONS 15.1 Entire Agreement., This Subcontract contains the entire agreement between the parties. All proposals,negotiations and agreements prior to the Subcontract Date are superseded by this Subcontract. 15.2 Severability. if arty pwilun ur pruvirsiuri of this Subs unb acl is detdrnririW bye rxsurt of competent jurisdiction to be invaild or unenforceable,such Invalidity or unenforceability shall not affect any other provision and the Subcontract shall be Interpreted as though the invalid or unenforceable portion or provision had been deleted. 15.3 Notices. Notices must be in writing and delivered to the parties at the addresses set forth on Exhibit"t3"(and at any addresses set forth In the Letter of Authorization, If applicable). Such addresses may be changed by either party by giving written notice to the other party sent In accordance with this paragraph. ARTICLE 16: EXHIBITS 16.1 This Subcontract includes the following exhibits,each of which is Incorporated herein by this reference. Without ilmitation,Subcontractor agrees to comply with the requirements set forth in each of the following exhibits. A- The Contract Documents B- The Scope of Work(mduding Unit Prices if applicable) C- Insurance Requirements D- Pay Application&Releases E- Releases F- Construction Schedule G- Project Procedures,If applicable H- Payment and Performance Bonds,if required IN WITNESS WHEREOF,the parties have executed this Subcontract with requisite corporate,partnership or individual authority effective the day and year first above written. CONTRACTOR: SUBCONTRACTOR. CAM Construction ervices,Inc. Quamec c A Mor€da Corpo on A Florida on Signature: ' Slg nature: Print Name:Christine Lemons Print Name: V� d , P Title: Preside Title: �r 6 Gluameo Corp.Subcontract Initials d EXHIBIT"B" HVAC(Quamec Corp.) DT 088 Miami Shores 9055 Miami Shores,Florida 33138 A. GENERAL SCOPE OF WORK FOR: HVAC. Sub coritractor agrees to provide at his own expense all required supervision,labor, materials,tools,scaffolding, shoring,clean up, hoisting, and anything necessary and Incidental to complete the WVAC Package as outlined below for the DT 6188 in Miami Shores, Florida. All work shall be In strict accordance with the contract documents as defined by Exhibit"A". B. Subcontractor is responsible for providing a complete HVAC Package. No unreasonable additional cost will be incurred by CAM Construction Services or the Owner for minor changes and/or clarifications to the Work. C. SPECIFIC SCOPE OF WORK: More specifically, the Work to be performed shall Include-, but Is not limited to,the folim Adng as required by the Contract Documents: 1. Supply and Install new duct work, new curbs,accessories and controls per documents. 2. Connect new ductwork to new and/or existing BTU's and equipment as shown. Demo A/C related items to make way for new work, clean, adjust perform maintenance as required on any existing equipment for proper operation.Any Issues will be reported to CAM immediately upon findings. 3. Service any existing RTU, remove existing ductwork,fans complete and replace all items. Cap and seal any existing curbs If required. 4. Install all owner furnished equipment/furnish and Install materials and equipment required per plans. Any cranes utilized shall bear a visible and current inspection certification. 5. Furnish and install grills, screens and diffusers including return grill in office door if shown. 6. Furnish and install condensate piping&drains including supports and access panels. 7. Provide all labor, equipment and tools necessary to remove any existing mechanical equipment not being utilized. 8. Provide and Install exhaust fans and duct mounted smoke detectors including duct detectors with remote test stations. 9. Provide and Install insulated sheet metal supply and return air ductwork and un-insulated sheet metal exhaust air ductwork as shown including flax and spiral as required for a complete system. 10. Provide and Install joint sealants as required for a professional installation of this system. 11. include all scope in Keyed Notes on Mechanical plans. 12. Make application, pay for and secure all permits, testing & certificates as required by the contract documents, specifications and authorities having jurisdiction. Any and all re- inspection fees required due to non-passing Inspections by this subcontractor shall be paid for by this subcontractor. 13. Hook up of owner furnished equipment,as indicated on the documents. 14. Furnish install and coordination of owner provided EMS and Control Systems. Completion of required Dollar Tree HVAC Inspection/Check-out paperwork. 15. A complete Installation that strictly complies with all applicable codes and governing regulations. 16. Supply and install mechanical hangers, supports, curbs and adapters, sleeves and access panels required for this scope of work, Including new filters in units after construction 17. Miscellaneous accessories and other work customarily associated with this trade. 18. Testing of the complete system as required including Independent test&balance. 19. Provide labor, material and special warranties as required by the documents. 20. Sealants and/or fire stopping for floor and wall penetrations by this trades scope of work % CAM Construction Services,Inc. Page 1 Initial: J 6188 EXHIBIT"B" HVAC(Quamec Corp.) DT 6166 Miami Shores 9055 Miami Shores,Florida 33138 21. Cleanup of all debris caused by this work on a daily basis. including final cleaning of this Scope of Work. All debris to be deposited in container designated and furnished by the General Contractor. 22. Layout,distribution and installation of all materials for this work 23. Scaffolding or other means of vertical transportation required for installation of this work. 24. Coordination of this work with other trades. 25. Receive,unload, Inventory and store if required, all materials required for this work. 26. Provide any required close out documents within one week of substantial completion. D. WORK EXCLUDED FROM THE SCOPE OF WORK The following items are excluded from the work: 1. Electrical, including disconnect switches. 2. Furnish of RTU's&EMS systems E. The Subcontractor agrees that the allowed percent(%) for overhead and profit for changes in the Scope of the Work shall be as follows; Work performed by their own forces 10% Work performed by their Subcontractors 5% F. Unless the specifications supersede with a special warranty dictating a longer warranty, the warranty period is one (1)year from the actual substantial completion date or the date when final as-bullt/warranty documents are provided, whichever is later. G. It is understood that every single condition, connection, transition, etc. cannot be specifically detailed in the Contract Documents. Details are provided for typical conditions and making reasonable adjustments to adapt these to the specific conditions throughout the project is a part of the scope of work of this Subcontract and does not constitute a change in the scope of work. H. All Subcontractors shall be required to attend weekly project meetings, and must complete daily reports if requested by CAM Project Superintendent. 1. The Subcontractor shall be responsible for obtaining and maintaining Contract Documents for their own use, including cost of blueprinting and shipment. J. The Subcontractor shall accurately record all changes, revisions, and additions to the work on the Contractors"Record Set°of drawings on at least a monthly basis. K. The Subcontractor shall submit its"Schedule of Values"for approval by CAM a minimum of Five(5)days prior to its initial Application for Payment. L. The Subcontractor acknowledges that time is of the essence in the performance of this work. it is understood the Substantial Completion of the entire project shall be achieved not later than 6 weeks from commencement, The Contractor and the Subcontractor have agreed to prosecute this work in accordance with the Project Construction Schedule. The Subcontractor will employ every means necessary to insure that his work maintains the construction schedule. Costs associated with meeting this schedule are included in this subcontract. • Scope duration approximately 3 weeks for installation and coordination throughout this projects schedule. CAM Construction Services,Inc. Page 2 Initial: 6 -06 EXHIBIT AV HVAC(Quamec Corp.) DT 6188 Miami Shores 9066 Miami Shores,Florida 33138 M. Subcontractor acknowledges that Saturday and Sunday shall be utilized when necessary to maintain or make up for lost time so as to meet all critical completion dates for the Project Schedule. Saturday is considered a make-up day in the event of inclement weather and/or holidays. N. CAM Construction Services will provide basic layout lines and elevations to facilitate the installation of this Subcontractor's work. This Subcontractor shall be responsible however,for the layout of this Work, 0. The reference to clean up in this agreement shall be strictly enforced on this project. The Subcontractor shall, on a daily basis, remove all trash and debris created by his work. In the event the Subcontractor fails to clean up as directed, CAM shall clean the site and/or structure after 24 hours written notice, and subcontractor will be responsible for all cost. Any trash, debris, or liquid which poses a threat to fire or safety shall be removed immediately. CAM will furnish a common trash receptacle at ground level where all Subcontractors shall deposit their debris. P. it is understood that insurance must be provided on an acceptable insurance form and PRIOR to commencement of work. Q. Shop drawings, product data, material certificates, and all other submittals required by the project specifications-shall be provided by the Subcontractor in a timely manner so as not to cause project delay. R. A pre-construction meeting will be held before the start of the Work. Subcontractor shall attend and cooperate in the reviewing conditions of Work, preparation and installation procedures, and coordination with related work. S. It is understood that adjacent work will be on going and care must be taken to protect the other work from damages, the repair of any damaged work caused by this Subcontractor will be the responsibility of the Subcontractor. Any repairs that the Subcontractor considers to be beyond this normal amount must be submitted to the Contractor In writing prior to tie commencement of repairs. Subcontractor is responsible for protection of his work from normal construction debris. T. Subcontractor shall coordinate all material deliveries and onsite storage with the CAM Construction Services Superintendent, Materials will not be received and stored without prior coordination. it is the responsibility of the Subcontractor to receive, unload, safely store and protect all materials utilized in this Subcontractor's Work. U. Subcontractor shall treat all information relating to the project as confidential and proprietary information and shall not permit its release to other parties or make any public announcements or publicity releases without the Contractors written authorization. V. Subcontractor shall, within seven (7) days of receiving payment, pay all bills for labor and materials performed connected with performing work under this Agreement. Upon written request by the Contractor, Subcontractor shall provide evidence that this requirement has been met. Subcontractor shall also require its vendors and subcontractors to comply with this requirement. W. The Work shall be performed in accordance with the latest regulations of the United States Department of Labor, Bureau of Labor Standards,OSHA Safety and Health Standards, Bureau of Industrial Safety and Health, and other applicable local codes. f f CAM Construction Services, Inc. P age 3 Initial; 61� EXHIBIT"B" HVAC(Quamec Corp.) DT 6188 Miami Shores 9055 Miami Shores,Florida 33138 X. Subcontractor shall provide their Safety and MSDS Information to CAM for review prior to starting work. Subcontractor must maintain all MSDS Sheets and Safety programs ON SITE. Payments Will be subject to denial based on the above. Y. Temporary safety lighting for the project will be provided: However, additional or supplemental task lighting,whether incandescent,fluorescent, halogen,or other lighting will be provided by the Subcontractor to completely perform the work of this subcontract. Z. All construction personnel will be required to dress appropriately for the site location and work conditions. Workers will wear sleeved shirts. Iona pants and safety attire. Including appropriate shoes while on site to comply with OSHA standards. HARD HATS and SAFETY GLASSES are to be worn at all times. AA.There will be no radios allowed on the jobsite other than for communication. There will be no smoking allowed in the building. There will be no food or drinks allowed In the buildina after the finish trades have started installation. BB.Subcontractor acknowledges that sexual remarks, gestures, or other means of Inappropriate communication may not be directed to any employee or member of the general public accessing this building or any adjacent building. Should any employee of this Subcontractor or his Sub-Subcontractor disrupt the quiet enjoyment of the adjacent properties or violate this subcontract requirement in any way, said employee will be removed from the jobsite. CC. The Subcontract amount identified in Paragraph DD, is a lump sum cost to complete the Work. All costs associated with the performance of the Work for licenses, taxes, bonds, insurance and other costs incidental to the completion of the Work required by the contract Documents and governing authorities Is Included in the Subcontract amount. Furthermore, the subcontractor acknowledges that he has examined the Contract Documents identified in Exhibit "A", the schedule and the site and he has made all the investigations deemed necessary to understand the above and/or difficulties which may be reasonably encountered during the progress of the Work to establish the subcontract amount DD,The Contract Amount is determined as follows: Subcontract work $14,900.00 Retainage 10% Total Subcontract Amount $14,900.00 PAY APPLICATION DUE Pay AwIlcations due as follows 50% wrth;unrx, nd"�nal r�,ileases:an 09f25195.unllsss gout Dates: scope Is 700% m f+rst 2 weeks, then submit 90 °�'applicatlon with enwndlhanal reI' 08129/48 o u Submrt 9010 appllca4on 1QI2 115 with unwo (tion I releases then v.6 retainage on 0/80115 1a123r19 with full and flnai releases >As shown on Biihibit These are the Dollar Tree Payment terms 10/30118 I and original unconditional releases are required by them prior to ANY pay app release. EE.For emphasis,TIME IS OF THE ESSENCE OF THIS SUBCONTRACT is repeated. Subcontractor shall commence the Work when directed by the Contractor and agrees to diligently and continuously prosecute such Work in a manner not to delay any other Work being done on the project by other trades or the phases and/or final completion of the project. The Subcontractor agrees to complete the Work in compliance with the agreed upon construction schedule. CAM Construction Services, Inc. Page 4 Initial: 'E- 618 06 EXHIBIT"B" HVAC(Quamec Corp.) QST 8488 Miami Shores 9055 Miami Shores,Florida 33438 OWNER: ARCHITECT: Dollar Tree Stores,Inc. RRMM Architects,PC 600 Volvo Parkway 1347 Framitive Blvd.,Suiten 240 Chosapsake,VA 23320 Chesapeake,VA 23320 End of Contract Exhibit B CAM Construction Services,Inc. Paye 5 InWal: 1 DOLLAR TREE STORES, INC. STIPULATED SUM CONTRACT This contract(•`Contract") is made by and between: CAM Construction Services. Inc. (Contracto►'Name) 8109 E. MLK Jr. Blvd.. Tampa. FL 33619 (Conn'acloi-Address) 8136268643 (Contractor Phone Number) 8136268699 (Contractor Fax Number) (the "Contractor")and Dollar Tree Stores. Inc. ("Dollar Tree*or"DTS"). In consideration of the mutual promises herein contained. DTS and the Contractor agree as set forth below: ARTICLE 1 1.1 The Contractor shall perform the entire Work (as said term is defined in paragraph 2.1 infra)described in the Contract Documents (which include the Construction Drawings and Specifications described and set forth on Schedule l hereto, any Addendum, any approved Change Orders, any updated/revised Construction Memos, the SLM1 Construction Cost Breakdown, the SLM Construction Timeline and other information reasonably inferable by the Contractor as necessary to produce the results intended by the Contract Documents). for: 6188 (Dollas'Tree Store Number) 9053 Biscavne Blvd. Miami Shores. FL 33138 �.S'1t)►'e f�Lltlrt.'s5) (Purch(tse Orcler Number) -SLM"shall mean DTS'computerized database known as Store Lifecycle Management. Any terms not defined herein shall be ascribed the meanings set forth or referenced in SLM in the location referenced on the last page of this Contract. Documents comprising.the Contract Documents not directly attached to this Contract are incorporated by reference herein and are made a pan hereof: ARTICLE 2 Payment Terms 2.1 DTS shall pay the Contractor for tl formance of this Contract for work performed, materials supplied and equipment furnished for a jfn', "Y'aniM Box", "16m rdtmtl'+v'MfiIla Box";` 4Jftd J type of building (the "Work") for the above referenced store (the "Premises"), subject to additions and deductions as provided in the Contract Documents, the amount of $145662.31 (the "Contract Price"), to be paid pursuant to Addendum # [l or 21 based upon the SLM Construction Cost Breakdown submitted by the Contractor. 2.1.1 Any and all changes to the Work shall require written approval by DTS through the submittal and approval of a Scope of Work Directive Form in SLM prior to proceeding with the change in the Work. If the Contractor believes that the change in the Work approved by DTS in the Scope of Work Directive is compensable by DTS to the Contractor as a change order (which change order is an amendment to this Contract, a "Change Order'), the Contractor shall submit a corresponding Change Order Request form in SLM to DTS. Detailed cost breakdowns and cost backup, including unit prices and quantities, to support each Change Order Request must be uploaded by the Contractor into SLM T Change Order Documents and linked to the Change Order Request in order for the Change Order Request to be reviewed. Approval of the Scope of Work Directive does not represent Change Order approval. Only an express approval of a Change Order in writing or in SLM by a DTS Director of Construction (or an officer of DTS) permits a compensable event for the benefit of the Contractor, but in no event shall the percentage of profit on an approved Change Order be greater than the percentage of the profit to which the Contractor is compensated on the Billing Breakdown form for the base (non Change Order) Work under this Contract. 2.2 The Contract Price shall be paid in United States currency upon valid payment requests (interim payment portions of the Contract Price are hereafter referred to as "Progress Payments", and the final payment of the balance on the Contract Price is hereafter referred to as the "'Final Payment"; collectively, the "Payments") issued by the Contractor and approved by DTS through SLM or as herein provided. Progress Payments are to be made per the DTS procedures in effect as of the date hereof. 2.3 All payments are subject to holdback in accordance with applicable construction lien legislation. Payments otherwise due the Contractor may be withheld on account of: Work not actually performed, Work not performed to the reasonable satisfaction of DTS according to objective industry standards, Work that is otherwise defective and is not remedied, a construction lien being registered against the Premises,damage by the Contractor to the Premises or to other property of DTS or DTS' landlord or of an adjacent tenant, or failure to make payments properly to the Subcontractors` or otherwise for material supplied, equipment furnished and/or labor performed for or on account of the Work or the Premises. DTS may also withhold and/or offset payments otherwise due to the Contractor under this Contract or for the Premises if the Contractor is in default under another contract with DTS for any other project for labor to be performed, materials to be supplied or equipment to be furnished on behalf of DTS. 2.4 Provided the Contractor is not in default under this Contract for the Premises. or any other contract with DTS for any other store or premises: The term"Subcontractor"shall mean any person or entity retained by the Contractor to perform labor,supply materials or furnish equipment under contract or agreement with the Contractor related to the Work or in any way for the benefit of the Premises. 12-18-12 Patee 2 of 7 2.4.1 Progress Payments shall be made to the Contractor pursuant to DTS' payment procedures as outlined in the attached Addendum#1 & Addendum#2 Payment Procedures. 2.4.2 Final Payment shall be made to the Contractor pursuant to DTS' payment procedures as outlined in the attached Addendum #1 & Addendum#2 — Payment Procedures. ARTICLE 3 Schedule, Insurance and Damages 3.1 Following the dates set forth in the schedule of events, the Contractor shall prosecute and complete all Work within the mutually agreed upon schedule, unless an extension of time is granted by DTS pursuant to DTS' revision of the Construction Timeline in S1,M. 3.2 DTS' right to recover liquidated damages, if any, specified in the Contract Documents shall not constitute a waiver or substitute for any right of recovery for additional costs incurred by DTS or for any consequential damages sustained by DTS as a result of the Contractor's breach of this Contract. 3.3 The Contractor shall remedy any portion of the Work that fails to conform to the requirements of the Contract or that appears not to be satisfactory or is defective during the progress of the Work, and shall remedy any defects due to faulty materials or workmanship performed or supplied by or on behalf of the Contractor which appear within a period of one(l)year from the date of completion of the Work and final acceptance of the Work by DTS unless the manufacturer of the equipment or material has a warranty for a longer period of time, which warranty period shall supersede the warranty period provided by the Contractor provided such manufacturer's warranty shall be assigned by the Contractor to DTS. The provisions of this article apply to any portion of the Work done by Subcontractors as well as to Work done by direct employees of the Contractor. For materials furnished by DTS as a portion of the Work, the manufacturer will supply a warranty directly to DTS. 3.4 Subject to the terms of DTS's lease for the Premises which may require higher levels of coverage, the Contractor will carry public liability and property damage insurance with carriers reasonably satisfactory to DTS (with a rating of"A" or better by Best's Report), in amounts not less than: $500.000 for property damage; $1,000,000 public liability per occurrence, $2,000,000 in aggregate; $1,000,000 auto liability: and workers compensation at $1,000,000 per accident, $2,000,000 in aggregate with an umbrella policy with a minimum addition coverage of$1,000,000, with endorsements naming DTS and its landlord of the Premises as additional insured thereunder and will provide DTS with certificates of insurance contemporaneous to the execution of this Contract, or no later than three(3) business days prior to start of construction and DTS shall be provided thirty (30) days notice prior to cancellation. Failure to provide such certificates of insurance shall not constitute a waiver by DTS of its right to be an additional insured under the Contractor's aforesaid insurance policies. 3.5 The Contractor must provide Standard Builders Risk Insurance in the lesser of the amount of the Contract Price or $250,000 for the Work and the Premises at a minimum to include materials supplied and equipment furnished (whether such material are supplied and equipment furnished by the Contractor or DTS so long as the materials or the equipment are used by the Contractor for the Work) and labor performed. ARTICLE 4 Default 4.1 In the event of a default by Contractor hereunder, Contractor shall be liable to DTS, in addition to its damages (including consequential damages). for DTS' reasonable legal fees and costs in connection with enforcing its rights under this Contract. 12_19.12 Page 3 of 7 4.2 The Contractor shall hold DTS and its landlord for the Premises harmless from and indemnify them against all liability. including reasonable legal fees, which may arise from and may accrue from the performance of the Work or any obligation of the Contractor or its Subcontractors or any failure of the Contractor or its Subcontractors to perform any Work or obligation provided for in this Contract or for the placing of any construction lien on the Premises (or any other property to which the Contractor or its subcontractors performed services, supplied materials or furnished equipment for DTS' benefit) by the Contractor or any of its subcontractors. 4.3 Should the Contractor neglect to prosecute the Work'in accordance with the Contract Documents or fail to perform any provision of this Contract, DTS, after five (5) days' written notice to the Contractor, and its surety, if any. may, without prejudice to any other remedy DTS may have, declare the Contract breached and thereafter complete the Work and make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor or, at DTS' option, may terminate the Contract and take possession of all materials. equipment, appliances at the Premises for DTS' benefits and finish the Work by such means as DTS determines in its reasonable judgment, and if the unpaid balance of the Contract Price is insufficient to pay the cost to complete the aforesaid unfinished Work hereunder, the Contractor shall be responsible to pay the difference to DTS to complete such balance of the Work. 4.4 If (a) a lien is placed on any DTS store, premise or project by the Contractor (or any Subcontractor relating to the Work.the Premises or any other DTS store or premise)or(b) the Contractor fails to make any payment due to any Subcontractor relating to the Work, the Premises or any other premise or store of DTS, then in either of such events, the Contractor will be in default regarding this Contract or any other contract between the Contractor and DTS provided the Contractor: (a) fails to cause such lien to be bonded and removed as of record or discharged as of record within twenty (20)days of notice of such lien to the Contractor by DTS or such shorter period as may be required under DTS' lease of the Premises. or (b) fails to make such missed payment to the Subcontractor within ten (I0) days of such notification by DTS of the payment not being made to the Subcontractor. In the event such default(s)are not cured in the time set forth in this paragraph, DTS, at is sole option, may pay such sums required to cure the aforesaid default(s) directly to the affected Subcontractor or third party and deduct such paid amount, and DTS' related costs and expenses, including its reasonable legal fees, from the Contract Price otherwise due to the Contractor. 4.5 A failure by either the Contractor or DTS to insist upon the strict performance by the other of any term or condition of this Contract or to exercise any right or remedy contingent upon a breach thereof shall not constitute a waiver of any such breach of the term or condition of this Contract and the entire Contract shall continue in full force and effect with respect to any then existing or subsequent breach. 4.6 Unless provided elsewhere herein to the contrary, in the event of any legal proceeding arising out of a dispute among the parties with regard to any default, breach or any other matter regarding the provisions of this Agreement, the substantially prevailing party shall be entitled to an award of its reasonable legal fees and court cost and expert witness fees from the non-prevailing party. ARTICLE 5 General Terms 5.1 All Work shall be performed only by individuals duly licensed to perform said Work in the municipality having;jurisdiction over the Premises. 12-18.12 Page 4 or 5 2 This Contract together with the Contract Documents shall embody the entire understanding of the parties in relation to the Work and the Premises and shall supersede all prior discussions and agreements between the parties. The Contract Documents shall be considered to be incorporated by reference into this Contract as if fully rewritten herein. 5.3 Any notice. request, demand or other communication in connection with this Contract shall be in writing and shall be deemed given when received or rejected after such notice shall have been mailed by certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier that provides verification of receipt to the following addresses: If to DTS: Dollar Tree Stores. Inc. Attn: Construction Administration 500 Volvo Parkway Chesapeake, VA 23320 If to Contractor: CAM Construction Services. I Attn: Christine Lemons 8109 E. MLK Jr. Blvd. Tampa. FL 33619 5.4 The Contract and any Addendum modifications, amendments or alterations thereto shall be governed, construed and enforced by and under the laws of the Commonwealth of Virginia and shall be approved by DTS in writing or in electronic form in SLM. Any legal action arising pursuant to this Contract shall be brought in a court of competent jurisdiction in the Commonwealth of Virginia. 5.5 If any term or provision of the Contract. or the application thereof to any person or circumstance, is finally determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the Contract or the application of such term or provision to other persons or circumstances shall not be affected thereby. and each term and provision of the Contract shall be valid and enforced to the fullest extent permitted by law. 5.6 The Contract shall be binding on the Contractor and its Subcontractors and DTS, their successors and assigns, in respect to all covenants and obligations contained in the Contract Documents, but the Contract may not be assigned by the Contractor without the prior written consent of DTS. 5.7 DTS has the right to allow other parties or contractors to perform labor, supply materials or furnish equipment at the Premises for DTS' benefit and the Contractor shall properly cooperate with any such other parties or contractors. 5.8 The Parties hereto represent to the other that they have the requisite authority to execute this Contract. 5.9 The Contractor shall abide by all law, regulations and by-laws and indemnify and hold DTS harmless from its failure to do so. 5.10 This Contract may be signed by facsimile, pdf or other electronic method and shall be treated as originally executed by each Party. 0=-18-12 Page 5 of 7 The Contract shall only become binding and effective upon execution by DTS. IN WITNESS WIIEREOC, the parties hereto have executed this Contract. CONTRACTOR Date:08.'28! 015 By: (-Iuthorked Signature) CAM Construction Services. Inc. (Company Name) Christine Lemons (Prilit Name) President (Print Title) DOLLAR TR E STORES, INC. r Date: � � By: Author! cid Employee Dollar Tree Stores, Inc. Vice president of store Design a construction (Print Name) (Prism Title) Assigned Project Manager Project has not been scheduled at the time contract ig signed. Project has been scheduled at the time contract is being signed. lageGni 7