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HomeMy WebLinkAboutPROJECT INFORMATIONJul. 11.2019 1:56PM No.0385 P. 1 SCANNED RYA►N( BY 1%U1LDF_Rt9 LLC. St. Lucie County Bryan Haring STANLEY Convergent Security Solutions, Inc. Cent n iascon, CO Way REVIEWED FOR Centennial, CO 80112 CODE COMPLIANCE RE: DV131-Amazon Delivery Station ST. LUCIE COUNTY Subcontract No, 19-007.13-850 BOCC The following document is the original subcontract agreement for the above referenced project. Please review and electronically return via PDF one (1) complete copy of the agreement, properly executed and notarized, within five (5) business days of the date of the contract. The fully executed subcontract agreement will be returned to you for your files. Please verify your company name and address, as checks will be Issued as shown on the subcontract agreement. No payment for work performed under this subcontract will be made until all documents are returned. Please make note of the following items that must be received electronically, In addition to your executed subcontract, prior to the commencementwork: 1. Executed Subcontract 2. Sub Trade Permit (If applicable). 3, Detailed schedule of values to Bryan Builders Project Manager for approval. 4. Electronic (PDF) copies of shop drawings and submittal data for approval. _ 5. Copy of your state, local and county licenses as issued by AHJ. 5. Executed Tier— Subcontract form (Exhibit E in Subcontract Agreement). 7. Current insurance certificate as outlined in the subcontract agreement Certificates from lower tiered subs required as well. 8. Wt9 9. Subcontractor Safety Form 10. Competent Person Form (see attached form). 11. SDS sheets (if applicable). 12. Subcontractors Safety Program. 13. 1 Year Warranty— This document will be required to be received prior to final payment being released. Subcontractors will be expected to use only Bryan Builders Application for Payment cover sheet, Exhibit G. when making monthly draw requests. Please see that electronic Application for Payment reaches our email no later than the 20day of each month. Please email monthly draw requests to Michelle Green at accounting0bryanbulld.com. We will require an executed and notarized release of lien on the form attached to the subcontract agreement as Exhibit C each month in exchange for payment. For final retainage billing, please use Exhibit D Final Lien Release In exchange for payment. It will also be necessary to supply Final Lien Releases from all tiered subcontractors listed on Exhibit E, including any suppliers who may have filed a Notice to Owner. Should you have any questions, please feel free to contact me. Sincerely, Scott A, Bryan President FILE COPY Page 1 of 27 REV 0012019 Jul. 17.2019 1:56PM No.0385 P. 8 SUBCONTRACT Bryan Builders, LLC. 160 W. Evergreen Ave. Suite 293 Longwood FL 32750 Subcontractor: STANLEY Convergent Security Solutions, Inc, 7399 S. Tuscon Way Centennial, CO 80112 DVB1 - Amazon Delivery Station #-19-007 ArchitectlEngineer: Progressive AE, Inc. Subcontract Date: 5/22/2019 7440 Commercial Circle Fort Pierce, FL 34951 Owner: Amazon.com Services, Inc. 410 Terry Avenue North Seattle, WA 98109 SubcontractPrice: $47.864.00 #19-007 / 13-850 THIS AGREEMENT is made this 05/22119 ("Contract Date"), by and between Bryan Builders, LLC., with its place of business located at 160 W. Evergreen Ave. Suite 293, Longwood, FL 32750 ("Contractor"), and STANLEY Convergent Security Solutions, Inc, with its principal place of business located at 7399 S. Tuscon Way, Centennial, CO 80112 ("Subcontractor"). WHEREAS, Contractor has entered into a contract with Amazon.com Services, Inc. ("Owner") on or about 04/16/19 ("Prime Contract") to furnish work, labor, materials and services in accordance with the Prince Contract and supporting documents, including plans and specifications, for the construction and completion of DVB1 Amazon Delivery Station, Project No. 19-007, in the City of Fort Pierce, FL ("Project"); and WHEREAS, Contractor and Subcontractor have agreed that Subcontractor shall furnish work, labor, materials and services for a specific scope of work for the Project in accordance with the Prime Contract. NOW THEREFORE, Contractor and Subcontractor, in consideration of the following mutual covenants and obligations, hereby agree asset forth below. 1.1 CONTRACT DOCUMENTS. The contract agreed to and entered into this day between Contractor and Subcontractor consists of the following: (1) this Agreement; (2) the Prime Contract including all contract documents as defined therein; (3) all plans, specifications, schedules of work, and drawings for the Project; (4) those documents attached hereto as Exhibit "A"- Scope of Work, "13% Current Drawing List, "C% Partial Release of Lien, and "W- Final Release of Lien, "E'— Subcontractor Form, 7'— Accounting Guidelines, "G Sub Pay App Cover Sheet, "H"— Sample Subcontractor COI, "I"- W-9 Print Form, V— Sub Safety Form, "K"—Competent Person Form; (5) Contractor's Schedule of Work (as amended); and (6) all written change orders that may be issued as set forth herein. The above constitute the entire Contract between Contractor and Subcontractor, and hereinafter shall collectively be referred to as the "Contract". Subcontractor shall be furnished copies of the Contract upon written request, for which Subcontractor agrees to reimburse Contractor for all costs of reproduction. 1.2 CONTRACT INTERPRETATION. Page 2 of 27 FILE COPY Jul, 17. 2019 1:56PM I I No.0385 P. 9 t 'SALL'Y 5TA{�LEY vnver�eiteurly S,plutiQ C�i'r, Inc rieCVP3y STANLEY CONVERGENT SECURITY SOLUTIONS, INC CONSTRUCTION SUBCONTRACT ADDENDUM This Addendum is attached to and incorporated by reference into that Subcontract Agreement (the "Agreement") between Stanley Convergent Security Solutions, Inc. (hereinafter "Subcontractor" or "SCSS") and Bryan Builders (hereinafter "Contractor") concerning the following project: Amazon DVB I SCSS is in the business of installing electronic security systems and providing services drat are intended to give rise to the occurrences or tine consequences therefrom (i.e., the burglaries, fires, etc.) that the systems or services are intended to avert or detect. Many of the services and systems that SCSS provides are related to life safety and thus, are inherently associated with high risk and high liability. The risk of loss, and the potential liability for such losses, exist before, and independent of, the installation of the security equipment into the Owner's premises, The security systems do not create, nor increase, the risk of such losses nor the potential liability for such losses. While the security systems attempt to reduce the risk of loss, they cannot, and do not, eliminate this risk. Therefore, while SCSS understands the need for it to be treated similarly to other subcontractors when SCSS is on site performing work, the parties recognize that, because of the unique nature of the equipment installed, SCSS's obligations must have reasonable limitations once the installation has been substantially completed. Accordingly, notwithstanding anything to the contrary contained in the Agreement, it is hereby agreed between SCSS and Contractor as follows: 1. Applicability. This Addendum is intended to modify and/or clarify the Agreement as it pertains to the Work on the above Project. 2. Indemnification: SCSS will hold Contractor, its officers, directors, agents and employees (and the Owner, if required by the contract documents) harmless from damage, liability and expense to the extent resulting from the negligent acts or omissions of SCSS, its agents or employees, daring and within the scope of employment of such persons while they are on Owner's premises performing the installation work. Notwithstanding the foregoing, SCSS shall have no liability or obligation to indemnify for damage, liability or expense resulting from or due to occurrences and/or the consequences therefrom that the system is intended to detect, prevent or record, including any such loss or damage which may be occasioned or caused by the improper working or malfunctioning of tite system. In no event will SCSS, its employees, agents or representatives be. responsible for consequential, incidental or special damages or for the negligence of others. 3. 'Warranty Disclaimer; SCSS warrants that the equipment will be free from defects in material and workmanship for a period of twelve months (1 Year) from the date the system is placed into operation. If during this warranty period, any of the equipment or parts are defective or malfunction, they will be repaired or replaced free of charge. Warranty repair is done 9 am-4pm Monday through Friday, excluding holidays. This warranty will not apply if the damage or malfunction occurs because the system has been adjusted, added to, altered, abused, misused or tampered with by Owner or Contractor. EXCEPT FOR TIM WARRANTY DESCRIBED ABOVE AND IN THE SUBCONTRACT AND/OR PRIME CONTRACT, SCSS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4. Payment; Contractor shall not assess liquidated or delay damages against SCSS unless and until the Contractor gives written notification of intent and basis of determination of amounts and degree of responsibility of SCSS and all other subcontractors. FILE COPY Jul.17.2019 1;56PM No.0385 P. 10 RYAN 160 W. Evergreen Ave. Suite 293 V]LDERS, [,• .C. Longwood, FL 32750 o At a minimum, the required PPE for all persons (including visitors) includes: Safety toe boots, hardhats, safety glasses, high visibility vests/ shirts, and long pants (must be worn at all times while on a BB Construction Site). o Subcontractor is required to have an updated safety binder on site at all times. -The SUBCO(tTRACTOR-shallcheckaltmaterials—equipmentandiaborentering-nto-thework and shall keep such full and detailed accounts as may be necessary for proper financial management under this Agreement and the system shall be satisfactory to the GENERAL CONTRACTOR. The GENERAL CONTRACTOR or its representative shall be afforded access to all of SUBCONTRACTOR's records, books, correspondence, Instructions, drawings, receipts, vouchers, memoranda and similar data relating to this contract, and the SUBCONTRACTOR shall preserve all such records for a period of three years, or for such longer period as may be required by law, after the final payment. Furnish all supervision, labor, materials, equipment, tools, temporary facilities, sales tax and everything necessary to completely perform all referenced scope of work items for the above referenced project in full compliance with the terms of the GENERAL CONTRACTOR/ SUBCONTRACTOR Agreement (this "Agreement") and all plans, specifications, drawings, addenda, schedules, and any related documents; all hereby are made.a part of this Agreement and are collectively referred to as the "Contract Documents." TURNKEY CONTRACT AMOUNT: $47,864.00 /W T6rd&TIVi Jun 11, zo19 Subcontractor Signature! Am Takahashi Uan'a,]a191 Date: BB Representative Signature; PY7fIf/4.401 Date: 6/13/2019 FILE COPY Scope of Work — Page 3 of 3 Ju I. 17. 2019 1: 56PM No.0385 P. 11 -UN OY 5TpNl EY oriv�rg�n ec rity solutions, lmc,:, QeurHy Such written notification must be given within a reasonable period of time after the occurrence for which the Contractor seeks to assess damages, not to exceed ten (10) days after the alleged event causing the damage. however, liquidated and/or delay damages, taken in the aggregate, shall not exceed 10% of the contract price. NO OTHER MODIFICATIONS. Except as expressly set forth in this Addendum, all the terms and conditions of the Agreement entered into between the parties remain in full force and effect. Stanley Convergent Security SOlntiOlkS, Inc. Contractor / — By: rc..r>w /( By: 5i' Name: Ken Taka hashi Name: Scott A. Bryan Title: eirector,National Accts- Title: President/Principal bate: Jun rrti, 20A9 Date: LLUL2019