‘COMMERCIAL, ‘COMMERCIAL, RETAIL 444 Riverside Industrial Prwy 1 Forbes Re 50 Allen Ave Portland, Maine 04103 "Newmarket, NH 03857 Potiand, ME 04103, (207) 797-7948 (603) 773-9630, (207-797-7949 SUBCONTRACTOR AGREEMENT Paul. White Tile Co,, Inc, and Interstate Floors Conhachy @SGbcontractor’) agree as follows: 1. Engagement of Subcontractor and Duties: Paul G. White Tile Co., Inc. engages Subcontractor to provide floor prep, flooring installation and related services (the "Services") to Paul G. White Tile Co., Inc., for various jobs going forward. Subcontractor is a non-exclusive, independent subcontractor and is not an employee or agent of Paul G. White Tile Co., Inc. This agreement shall govern all jobs. 2. Warranty: Subcontractor shall perform Services in a workmanlike manner consistent with industry standards and job specifications. Subcontractor warrants all work to be free from any defects. Subcontractor agrees to correct any defects or warranty items immediately upon request from Paul G White Tile Co., Inc. 3. Professionalism, Clean-Up, and Safety: Subcontractor shall conduct themselves at all imes in a professional manner. Subcontractor agrees to leave each job site in a clean and orderly condition at the end of each workday, and to conduct a thorough cleaning at the conclusion of each job. Subcontractor shall observe all federal, state and local safety requirements. Subcontractor agrees to immediately leave any worksite upon request by Paul G. White Tile Co., Inc., an owner, or a general contractor. 4, Compensation: Paul G. White Tile Co., Inc. will pay all Subcontractor invoices in a timely manner. INVOICES MUST BI Legible (Subcontractor Name, Address, Phone number, Detail, and Date) Invoice number Job Number and Job Name Billing to be invoiced in units (not hours unless directed otherwise) Description of work, broken down by day Separate bill for every job worked on Extra slips should be accompanied by photos when submitted for payment Payments will be by direct deposit to Subcontractor’s bank account, Paul G. White Tile Co., Inc. will supply flooring materials needed for each job, and shall reimburse Subcontractor at cost for any additional materials purchased provided receipt(s) are submitted with billing (prior approval is required for any purchase). Paul G. White Tile Co., Inc. reserves the right to withhold retainage from any payment, and to adjust payment for any invoice as needed to correct errors. Payment for a job does not denote acceptance of the work. Subcontractor is responsible for any taxes or other withholdings, although Paul G. White Tile Co., Inc. will withhold funds to the extent directed by a court order, IRS directive, or other legally binding directive. Subcontractor waives any and all right to a mechanic's lien upon payment for a job and agrees to provide Paul G. White Tile Co., Inc. with a lien waiver upon request. PGW Subcontractor Agreement R 08/04/2020 Printed at 3/10/2021 9:18 AM Page | of‘444 Riverside Industrial Pry 1 Forbes Re 50 Allen Ave Potiand, Maine 04103 Newmarket, NH 09857 Portiand, ME 04103, Eu (207) 787-7948 (603) 773-8630, (207-797-7949 it ‘COMMERCIAL, ‘COMMERCIAL, RETAIL, WHITE 5. Back Charges: Paul G. White Tile Co., Inc. reserves the right to back charge Subcontractor for any and all charges or expenses arising from Subcontractor’s work, lack of work, or other actions or inaction. Back charges may include, but are not limited to, warranty expenses, demolition and installation expenses, material costs, clean-up costs, and any charges assessed to Paul G. White Tile Co., Inc. by owners or other contractors. Paul G. White may deduct back charges directly from any payment to Subcontractor, including charges relating to prior jobs for which Subcontractor was already paid. 6. _ Insurance Certificate, Worker’s Comp., and Department of Labor: Subcontractor shall provide Paul G. White Tile Co., Inc. with proof of insurance each year and upon request. Subcontractor shall at all mes maintain liability insurance acceptable to Paul G. White Tile Co., Inc. with limits of liability not less than Commercial General Liability: * $1,000,000 per occurrence $2,000,000 per project aggregate $2,000,000 products-completed operations aggregate Commercial A\ ile Liability: * $1,000,000 combined single limit Workers Cot ion * Subcontractor shall maintain appropriate worker's compensation coverage and shall provide Paul G. White Tile Co., Inc. with a current certificate or proof that Subcontractor is exempt Additional Insured status shall be afforded on a primary and non-contributory basis. 1 Automobile /Umbr Wor “Paul G. White Tile Co., Inc.” shall be listed as “Additional Insured” by way of scheduled endorsement ‘or CG 20 38 04 13 (or equivalent) on all Subcontractor's Commercial General Liability, Auto, and Umbrella policies (excluding Workers Compensation) * A Waiver of Subrogation in favor of Paul G. White Tile Co., Inc. is required on all Subcontractor’s Workers Compensation, General Liability, Auto, and Umbrella policies. * A minimum of 30-day notice of cancellation, non-renewal or material change to Subcontractor's insurance is required by contract. Description of Operations / Locations/ Vehicles * Paul G. White Tile Company, Inc., General Contractor, project owner and all other parties required by written contract are an additional insured with respect to General Liability, Auto and Umbrella policies on primary and non-contributory basis for both ongoing and completed operations. Waivers of subrogation in favor of Paul G. White Tile Company, Inc. and other parties as required by written contract are in effect for all poli ‘Subcontractor's insurance carrier must have an AM Best rating of A- or better. Subcontractor’s insurance carrier must be admitted and licensed in the subject jurisdiction. Subcontractor shall obtain a predetermination of independent contractor status from the Maine Department of Labor and provide proof to Paul G. White Tile Co., Inc. Subcontractor shall renew such predetermination upon expiration. PGW Subcontractor Agreement R 08/04/2020 Printed at 3/10/2021 9:18 AM Page 2 of 4‘COMMERCIAL ‘COMMERCIAL, RETAIL 444 Riverside Industrial Pray 1 Forbes Ra 50 Allen Ave Portiand, Maine 04103 Newmarket, NH 03857 Portland, ME 04103, (207) 787-7948 (603) 773-9630 (207-797-7949 7. Subcontractor Warranties and Indemnification: Subcontractor warrants that itis in compliance (and shall stay in compliance at all times) with all federal, state and local laws and regulations. Subcontractor is responsible for ensuring that all of its workers are in full compliance with all applicable federal, state, and local laws and regulations. Subcontractor shall indemnify Paul G. White Tile Co., Inc. and hold Paul G. White Tile Co., Inc. harmless against any and all charges, expenses, or damages (including reasonable attorney's fees) arising from Subcontractor’s work or any default under this agreement, including but not limited to: back charges assessed to Paul G. White Tile Co., Inc., fines for safety or other violations, mechanic's liens placed by Subcontractor or persons working for or with Subcontractor, warranty issues and legal proceedings 8. Agreement Not to Solicit on Jobs: Subcontractor agrees not to solicit on any job that Paul G. White Tile Co., Inc. is affiliated with or working on in any way. Subcontractor agrees not to discuss estimates, costs, billing or pricing of work while on a job for Paul G White Tile Co., Inc. 9. No Health Insurance or Benefits: Paul G. White Tile Co., Inc. will not supply health insurance or any benefits of any kind to Subcontractor. 10. _ Subcontractor’s Responsibilities: Subcontractor is responsible for having appropriate tools, and transportation as needed to complete each job. Subcontractor is responsible for setting its own work ‘schedule and for completing each job in accordance with the job's specifications, including time requirements or other job-site requirements imposed by the owner, the general contractor, and/or Paul G. White Tile Co., Inc. 44. Contract Term: The term of this contract shall be one year from the date of execution. Absent further agreement by the parties, this agreement shall automatical for subsequent one-year term(s) upon the anniversary of execution. Paul G. White Tile Co., Inc. reserves the right to terminate this contract at any time with or without notice to Subcontractor. Subcontractor may terminate this contract upon 30 days written notice to Paul G. White Tile Co., Inc. 12, Miscellaneous: This agreement contains the entire agreement between the parties. The parties agree that they may establish individual job pricing and specifications orally, but all other terms in this agreement shall remain binding and unaltered unless specifically agreed in a writing signed by both parties. Failure of Paul G. White Tile Co., Inc. to enforce a right under this agreement shall not be deemed a waiver of the right. This agreement shall be construed under Maine law without regard to choice of laws, and exclusive venue for any dispute between the parties shall be in Portland, Maine. Any provision found to be unenforceable shall be severed and all other provisions shall remain in effect. PGW Subcontractor Agreement R 08/04/2020 Printed at 3/10/2021 9:18 AM Page 3 of 4444 Riverside Industrial Phvy 1 Forbes Ra 50 Allen Ave Potiand, Maine 04103 Newmarket, NH 03857 Portiand, ME 04103 Pate (207) 797-7948 (603) 773-9630 (207-797-7949 i] ‘COMMERCIAL COMMERCIAL RETAIL ah 13. _ Equal Opportunity: We are an equal opportunity employer. All subcontractors will be considered for employment without attention to race, color, religion, sex, sexual orientation, gender identity, national origin, and veteran or disability status. “PAYMENT WILL BE HELD UNTIL ALL CONTRACT OBILGATIONS ARE MET“*** Signature Required: PAUL G. WHITE TILE CO., INC REPRESENTATIVE. Signature: Date o 2 | Date Hichosl San cher 02/5/2024 SUBCONTRACTOR Signature: Date Print name: Date PERSONAL GUARANTY—Must be signed if Subcontractor is a Corporation or LLC. The undersigned hereby personally guarantees the obligations of Subcontractor to Paul G. White Tile Co., Inc. as set forth in the above agreement. ‘Signature: Date 202/ Pht name: Date ichotl Sanchee 02/12/22 PGW Subcontractor Agreement R 08/04/2020 Printed at 3/10/2021 9:18 AM. Page 4 of 4