HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-029Temp Reso # 12170
February 13, 2012
Page 1 of 3
RESOLUTION NO. c)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, RATIFYING AND APPROVING
THE CONSTRUCTION CONTRACT WITH SUNNY SOUTH
CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF
FIFTY ONE THOUSAND SIX HUNDRED SEVENTY AND
00/100 DOLLARS ($51,670.00) FOR THE REHABILITATION
OF PROPERTY LOCATED AT 6901 NW 81ST COURT,
TAMARAC, FLORIDA PURSUANT TO THE
NEIGHBORHOOD STABILIZATION PROGRAM
REQUIREMENTS; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE CONSTRUCTION CONTRACT;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City acquired residential property pursuant to the Neighborhood
Stabilization Program ("NSP"), and will be rehabilitating the properties for the purpose of
conveying the improved properties to qualified purchasers; and
WHEREAS, the City acquired the residential property located at 6901 NW 81st
Court, Tamarac, Florida (the "Property"), and has solicited bids from contractors to perform
the rehabilitation work at the Property; and
WHEREAS, Sunny South Construction Company submitted a quote in the amount
of Fifty One Thousand Six Hundred Seventy and 00/100 Dollars ($51,670.00), which was
accepted by City staff through the execution of the Construction Contract, which is
attached hereto as Exhibit "A"; and
WHEREAS, at this time the City Commission desires to ratify the execution of the
Agreement, and authorize the City Manager to re -execute the Agreement on behalf of the
City; and
Temp Reso # 12170
February 13, 2012
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WHEREAS, the City Commission believes the ratification and approval of the
contract with Sunny South Construction Company, Inc. dated November 21, 2011 is in the
best interests of the residents of the City of Tamarac, and is consistent with the NSP
requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct, and are incorporated herein by this reference. All
exhibits referred to in the "WHEREAS" clauses are hereby attached hereto and
incorporated herein by reference.
Section 2. The City Commission of the City of Tamarac, Florida hereby
approves the Construction Contract ("Contract") with Sunny South Construction Company,
Inc., and ratifies the execution of the Contract by Angela Bauldree on November 21, 2011.
The City Commission further authorizes the City Manager to sign the Contract, and for City
staff to take any and all action necessary to effectuate the intent of this Resolution.
Section 3. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4. If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Section 5. This Resolution shall become effective immediately upon its passage
and adoption.
u
Temp Reso # 12170
February 13, 2012
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS DAY OF 2012.
ATTES
PETER M. J. RI ARDSON, CRM, CMC
CITY CLERK.
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
,1
V/ SA EL S. GOREN
CITY ATTORNEY
C OF TAMARAC, FLORIDA
?!171
PAMELA BUSHNELL, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL 'a-/
DIST l: COMM. SWENSO
DIST 2: COMM GOMEZ
DIST 3: V/M GLASSER -
DIST 4: COMM. DRESSLER
Construction Contract
This agreement is made on the date written above our signatures between Sunny South Construction
Company Inc. (Contractor) and City Of Tamarac (Owner).
Contractor
Sunny South Construction Company Inc.
15743 92nd Court North
West Palm Beach, Florida 33412
Cell Phone Number: 561-670-7411
Fax Number: 772-934-3755
Email Address: daveymorris@sunnysouthcc.com
Registration or Certificate Number: CGC 1518057
Sunny South Construction Company Inc. is licensed as a corporation in the state of Florida.
Sunny South Construction Company Inc. will be referred to as Davey Morris throughout this agreement.
Owner
City Of Tamarac
City Of Tamarac Community Developement Department
7525 N.W. 88th Ave
Tamarac, Florida 33321-2401
Day Phone Number: 954-597-3530
Fax Number: 954-597-3544
Email Address: Angela.Bauldree@tamarac.org
• City Of Tamarac is organized as a government agency in. the state of Florida.
City Of Tamarac will be referred to as Owner throughout this agreement.
Owner's Representative
Owner will be represented by Angela Bauldree (Owner's Representative) as described in this agreement.
Angela Bauldree
City of Tamarac Community Development Department
7525 N.W. 88th Ave
Tamarac, Florida 33321
Day Phone Number: (954) 597-3539
Fax Number: 954-597-354
Email Address: Angela.Bauldree@tamarac.org
Angela Bauldree will be referred to as Owner's Representative throughout this agreement. Nothing in
this contract should be interpreted as giving Owner's Representative the authority to obligate Owner to
pay any amount to a third party or perform any act for a thrid party or waive any obligation due a third
parry.
6901 N.W. 81th Court
Tamarac, Florida 33321
The Construction Site
I. Project Description
A. For a price identified below, Davey Morris agrees to complete remodeling work (identified as the
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6901 NW 81 Court in this agreement) for Owner. •
II. Contract Price
A. In addition to any other charges specified in this agreement, Owner agrees to pay Davey Morris
$51,670.00 for completing the Work described as the 6901 NW 81 Court.
M. Scheduled Start of Construction
A. Work under this agreement will begin within 10 calendar days after The Final Permit approval is
received.
IV. Scheduled Completion of Construction
A. Work under this agreement will be Substantially Complete within 90 calendar days after the date
construction begins.
V. Documents Incorporated
A. Work Write Up / Specification Dated 10-28-11 and Award letter Dated november 9, 2011, which
reduces the scope of the work and excluded the following line items. 0101, 0102,0302,1304,
1305,1306,1307,1308,1309,1605 and 1706. also revised line items will be used for 0201 and 1303
VI. Ownership of Plans
A. Plans, Drawings, Specifications and copies prepared for use in construction under this agreement are
the property of Davey Morris. Davey Morris retains all common Law and statutory rights to these Plans,
Drawings and Specifications. Owner agrees that these documents will not be used on any other project
and, with the exception of one record set to be retained by Owner, will be returned to Davey Morris on •
request.
VII. Documents Supplied to Contractor
A. Owner will furnish to Davey Morris at no cost:
1. One copy of work write up & award letter.
2. Davey Morris will distribute Contract Documents as required by Subcontractors.
VIII. Scope of Work
A. Davey Morris shall supervise and direct the Work and accepts responsibility for construction means,
methods, techniques, sequences and procedures required to complete the 6901 NW 81 Court in
compliance with the Contract Documents.
B. Except for materials expressly designated otherwise in the Contract Documents, Davey Morris
warrants that all materials and equipment furnished under this contract shall be of good quality and new.
C. Davey Morris is responsible for coordination of the various trades and deliveries of equipment,
materials and supplies to minimize interference which could delay the Work or pose a hazard to life or
property. Davey Morris shall be responsible for allocation of tasks between trades and will be the final
authority on location and routing of equipment and storage of materials on the. Job Site.
D. Davey Morris will ensure that Subcontractors, their agents, and employees adhere to these Contract
Documents. Davey Morris accepts responsibility for all Work performed under this contract, including
Work performed by employees of Subcontractors. Davey Morris will settle disputes among
Subcontractors and between Davey Morris and Subcontractors so that disagreements do not delay
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• completion of the Work or affect quality of the Work.
E. Davey Morris shall make a best effort to adopt and implement policies and practices designed to
minimize Work stoppages, slowdowns, disputes or strikes. Except as may be specifically provided
elsewhere in this or a separate agreement, Davey Moms is not liable to Owner for damages suffered by
Owner as a result of Work stoppages, slowdowns, disputes or strikes. Davey Morris shall allocate labor
tasks among the various trades in accordance with local custom, rules, jurisdictional awards,
regulations, and decisions, regardless of any classification by the Contract Documents.
F. If antiquities of archaeological, paleontological or historical significance are discovered on the Job
Site, Davey Morris will stop all Work in close proximity to the discovery and notify Owner of the
discovery. If it is determined by any agency of government that exploration or excavation of primitive
records or antiquities on the Job Site is necessary to avoid loss, Davey Morris shall cooperate with the
Work of authorized preservation personnel. If exploration or excavation of antiquities delays the Work
or increases cost of the Work, Davey Morris may initiate a Claim for extension of time and a Claim for
Extra Work under this agreement.
G. Davey Morris shall do no Work on the 6901 NW 81 Court and furnish no materials to the Job Site
except as required by the Contract Documents. Any Work done or materials furnished by Davey Morris
which do not comply with the Contract Documents, will be at the risk and expense of Davey Morris
who covenants and agrees that no Claim for compensation shall be made for any non -complying Work
done or non -complying materials furnished.
H. This agreement is the product of a confidential relationship between Davey Morris and Owner
requiring that both Parties exchange confidential information, the disclosure of which would constitute a
• loss. Except as provided below, Davey Morris and Owner agree not disclose or use for any purpose
other than completion of the 6901 NW 81 Court all or any portion of the Contract Documents, cost
estimates, diagrams, records, reports, computer data or any other information concerning the 6901 NW
81 Court for 5 years from the date of this agreement without mutual consent of Davey Morris and
Owner. The following are exceptions: (1) Information required by the recipient to complete the 6901
NW 81 Court, (2) Information known to the recipient before disclosure, (3) Information lawfully
obtained by the recipient from a third party under no obligation of confidentiality, (4) Information
generally known or publicly available other than by unauthorized disclosure, (5) Information developed
independently by the recipient prior to disclosure, and (6) Disclosure required by legally constituted
authority, but only after notification of each Party to this agreement. In the event of a breach or
threatened breach or intended breach of this confidential relationship by either Party, the other Party, in
addition to any other rights and remedies available at Law or in equity, shall be entitled to preliminary
and final injunctions, enjoining and restraining such breach or threatened breach or intended breach.
Davey Morris and Owner shall, by contract or Subcontract, require others who receive confidential
information on the 6901 NW 81 Court to comply with the Requirements of this paragraph. Both Davey
Morris and Owner shall use at least the same degree of care in protecting confidential information on
the 6901 NW 81 Court as in maintaining their own confidential information but in no case less that a
reasonable degree of care.
IX. Cutting and Patching
A. Davey Morris will ensure that cutting and patching required to make building parts fit together
properly is done by those skilled in the trade. Work completed by Davey Morris will have the neatly
finished appearance characteristic of professional grade construction.
B. Davey Morris will ensure that alteration Work done on existing building components does no
• damage either to the property of Owner or to Work done by others.
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C. Except as illustrated on building Plans or described in Contract Documents, Davey Morris will not •
alter -existing building components without consent of Owner. Davey Morris will not alter or interfere
with the Work of any Separate Contractor without prior consent of the Separate Contractor involved.
1). The color, texture and planes between existing and new materials might not match exactly. Davey
Morris will use due diligence to create the best match possible. Owner acknowledges that patched
surfaces may be detectable when construction is complete.
X. Job Site Safety
A. Davey Morris will at all times take all reasonable precautions for the safety of employees and the
public at the Job Site and will comply with all applicable safety Laws and regulations of federal, state,
and local authorities (including building codes) and safety Requirements of Owner.
Xl. Protection of People and Property
A. Safety Standards
1. Davey Morris will ensure that construction areas, aisles, stairs, ramps, runways, corridors,
offices, shops, and storage areas where Work is in progress are lighted with either natural or artificial
illumination not less than the minimums set in Table D-3 of Code of Federal Regulation § 1926.56.
2. Davey Morris will not permit employees, employees of Subcontractors, vendors or the general
public to use any walking surface which lacks the structural integrity .to support foot traffic. Every
working surface or leading edge 6 feet (1.8 m) or more above a lower level will be protected with a
guardrail, safety net, or personal fall arrest system. Exception: if Davey Morris can demonstrate that it is
infeasible or creates a greater hazard to use a guardrail, safety net or personal fall arrest system, Davey
Morris may substitute a fall protection plan which meets the Requirements of paragraph (k) of Section •
1926.502, 29 Code of Federal Regulations.
3. Where a walking or working surface is adjacent to a hole or opening 6 feet. (1.8 m) or more .
above a lower level (such as a skylight), Davey Morris will either install a cover or guardrail around the
perimeter of the hole or require construction personnel to use a personal fall arrest system.
B. Protection of Personnel
1. Davey Morris shall comply with all applicable Laws, ordinances, rules, regulations, and lawful
orders of any public authority bearing on the safety of persons and protection of property, including
Requirements of the Occupational Safety and Health Act (OSHA). Where Requirements of federal, state
or local Law or regulations are in conflict, Davey Morris shall comply with the most stringent or .
demanding provision.
C. Protection of Existing Work
1. Davey Morris will avoid using for construction operations any planting area which is designated
to remain after completion of Construction. Driving of vehicles on landscaped areas is prohibited
without approval of Owner. When use of landscaped area is required during the construction period,
Davey Morris shall remove, store, tend and replant all trees, shrubs, and lawn area that interfere with
construction operations. If removal and replacement is impractical, Davey Morris may trim, prune, tie
back, cover and protect trees and shrubs during the period of construction. Trees, shrubs and lawn area
on the Job Site which do not survive the construction period will be replaced by Davey Morris at no cost
to Owner, prior to Substantial Completion. Davey Morris shall not use the area under the drip line of
trees for storage of construction materials, equipment, trailers or vehicles.
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D. Protection of New Work
1. Davey Morris shall protect installed materials during the construction period so finished surfaces
(such as plumbing fixtures, woodwork, trim, walls, floors, ceilings and counters) show no signs of
damage or deterioration at the time of Substantial Completion. Except as otherwise provided in the
Contract Documents, all Work shall be thoroughly cleaned and in a "like new" condition at the time of
Substantial Completion. This includes dusting, window cleaning, floor cleaning, and removing grime
and stains from finished surfaces.
2. During the period of construction, Davey Morris will provide protection against the weather to
prevent damage to building and materials from rain, wind, snow and ice.
E. Public Safety
1. Before trenching Work begins, Davey Morris will locate the position of irrigation piping, give
notice as required under Florida's Underground Facility Damage Prevention and Safety Act, and notify
owners and occupants of adjacent property of the Work to be done. Davey Morris will do no trenching
or excavation which could result in undermining or displacement of existing structures or site
improvements. All trenches and pits in the vicinity of the Work shall be covered securely or well
barricaded and properly lighted at night.
2. Davey Morris shall protect adjoining property and nearby buildings, roads, and other facilities
from airborne dust, dirt, and debris originating on the Job Site. When required, Davey Morris will
control fugitive dust with a watering program.
XH. Hazardous Materials Used in Construction
• A, The use of materials or equipment containing asbestos is prohibited under this contract. Davey
Morris warrants that all materials and equipment incorporated in the 6901 NW 81 Court are asbestos
- -free. Davey Morris shall be responsible for removal and replacement costs should it be determined that
the provision of this paragraph has been violated. Responsibility of Davey Morris for violating the terms
of this paragraph shall not be limited in duration by Project completion, the warranty period, or other
provisions of this contract.
B. Except as provided elsewhere in the Contract Documents, Davey Morris is prohibited from
installing any lead -containing materials or products, including paint, in any Work to be performed under
this contract. Davey Morris shall be responsible for removal and replacement costs should it be
determined that the provision of this paragraph has been violated. Responsibility of Davey Morris for
violating the terms of this paragraph shall not be limited in duration by Project completion, the warranty
period, or other provisions of this contract.
C. All oil -soaked rags, papers and Similar combustible material shall be placed in metal containers
with self -closing lids at the close of each Work Day.
D. Gasoline, flammable solvents, benzene and Similar combustible material shall be disposed of in a
manner which avoids hazard or damage to persons or property and not be poured into sewers, manholes,
drains or traps.
E. Davey Morris will not do any welding or flame -cutting without first obtaining all permits required
by Law, and written permission from Owner.
XIII. Hazardous Materials Discovered on Site
A. Owner warrants and affirms that no Hazardous Materials are known to exist on the Job Site except
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as described elsewhere in the Contract Documents. If at any time after execution of .this agreement, •
Owner or Owner's Representative has any reason to believe that Hazardous Materials exist or may exist
on the Job Site, Owner will notify Davey Morris at once and send confirmation in writing. This
obligation to notify Davey Morris of Hazardous Materials does not absolve Davey Morris of
responsibility for monitoring safety conditions on the Job Site and complying with all laws and
regulations relating to Hazardous Materials.
B. Except as provided elsewhere in the Contract Documents, Owner is responsible for all Hazardous
Materials discovered on the Job Site -so long as those materials were not brought on the Job Site by
Davey Morris, Subcontractors, or anyone directly or indirectly employed by them. Nothing in this
paragraph shall relieve Davey Morris from liability for negligence in handling or removing Hazardous
Materials as required under the terms of this agreement.
C. If Davey Morris discovers any material reasonably believed to be asbestos, toxic mold,
polychlorinated biphenyl (PCB), or other Hazardous Material not identified in the Contract Documents,
Davey Morris may stop Work in the area and shall notify Owner. or Owner's Representative promptly.
Until the suspected material has been evaluated, Davey Morris shall keep construction personnel away
from the area affected.
D. Once any material suspected of being hazardous has been rendered safe or judged harmless by a
licensed and qualified independent laboratory or consultant, Davey Morris shall resume Work in the
affected area.
E. Except as provided in the Contract Documents or as agreed by mutual consent, Davey Morris shall
not be required to perform Work relating to asbestos, polychlorinated biphenyl (PCB), radioactive
material, toxic mold or any other Hazardous Material.
F. If Davey Morris incurs any loss as a result,of the discovery or abatement of Hazardous Material not •
brought on the Job Site by Davey Morris, Subcontractors or anyone directly or indirectly employed by
them, the Contract Price and Contract Time shall be adjusted by a Change Order. Adjustment to the
Contract Price shall include damages for delay, liquidated damages (if provided in the Contract
Documents), shutdown and startup expense, lost profits and consequential damages.
G. Owner shall defend, Indemnify and hold harmless Davey Morris from and against all loss, liability,
claims, costs, damage and economic detriment of any kind whatsoever, or expense (including attorney's
fees) that arises out of or results from the discovery or existence of Hazardous Material on the Job Site,
whether or not identified in the Contract Documents, provided such loss, liability, costs, damage and
economic detriment is not the result of any negligent act or omissions of Davey Morris, Subcontractors
or anyone directly or indirectly employed by them. Indemnification by Owner under this paragraph shall
apply even if Owner is in no way responsible for the loss to Davey Morris.
XIV. Compliance with Law
A. Davey Morris and Subcontractors working for Davey Morris shall comply with state, federal and
local Law when discharging their responsibilities under this agreement. All Work done under this
agreement will meet Requirements of state and federal Law, ordinances, regulations and codes adopted
pursuant to Law.
B. If Davey Morris observes that Drawings, Specifications, or other Contract Documents do not
comply with applicable Law, Davey Morris shall promptly notify Owner or Owner's Representative of
the variance. Any changes made to the Contract Documents as a result of this notice shall be handled in
the form of a Change Order under this agreement.
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• C. Davey Morris shall bear none of the cost of correcting Work completed- according to Contract
Documents but not in compliance with Law if Davey Morris did not know that Contract Documents or
instructions from Owner or Owner's Representative did not comply with the Law.
D. If Law enacted after the Contract Date changes the Scope of Work under this agreement, Davey
Morris and Owner will execute a Change Order adjusting the Contract Price and Contract Time to
accommodate the change in the Scope of Work.
E. Davey Morris is licensed to do Work described in the Contract Documents. Davey Morris will
notify Owner of any change in that license status. Every Subcontractor working for Davey Morris will
hold a license appropriate for the Work performed.
F. Except as required by Law, Owner is not responsible for any breach of Law by Davey Morris.
Except as required by Law, Davey Morris is not responsible for any breach of Law by Owner.
XV. Permits and Fees
A. Davey Morris shall secure all permits, licenses and renewals required by government authority to
complete construction of the 6901 NW 81 Court. If permits are required for Subcontracted Work,
Subcontractors will secure those permits. Owner shall assist Davey Morris in responding to requests for
information from the permit -issuing authority. Davey Morris shall provide Owner a copy of each permit,
license and renewal issued by government authority for the 6901 NW 81 Court.
B. Davey Morris will pay the building permit fee, Plan check fee, business license fees for Davey
Morris and Subcontractors, and charges levied by government for testing, Inspection and Re -Inspection
of the 6901 NW 81 Court.
• C. Except as provided elsewhere in this agreement, Owner will pay all fees and application charges
imposed by government authority, including, but not limited to, grading permit fees, drainage permit
fees, traffic control charges, thoroughfare charges, impact fees, special district fees, sewer fees, water
fees, planning fees, school fees, elevator permit fees, charges for temporary access or use of the public
right of way, and charges for document processing, hearings, and certifications. Owner will also pay all
fees and application charges imposed by any association of property owners having authority over the
Job Site.
D. Except as provided elsewhere in this agreement, Owner will pay all application fees and connection
charges imposed by utility companies or government agencies for bringing service to the Job Site, and
for connecting gas, water, electricity, phone, cable, sewer, and drainage lines.
E. Except as provided elsewhere in this agreement, Owner will secure all approvals for the 6901 NW
81 Court that are required by government authority, including planning, easements, remediation,
environmental, and zoning approvals.
XVI. Taxes
A. Except as provided otherwise in this agreement, Davey Morris shall pay all federal, state, county,
and municipal sales, use, consumer, gross receipts, and excise taxes which are levied or become payable
as a result of completing the Work. Owner will pay all tax on materials furnished by Owner and all
property taxes levied on the land which comprises the Job Site.
B. Davey Morris shall remit when due all federal, state and local withholding tax and payroll tax on
employee wages, premiums for unemployment and workers' compensation insurance, and retirement
contributions.
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C. On request of Owner and before final payment under this contract, Davey Morns shall provide clear •
and convincing evidence of payment of all taxes and contributions that became payable during the
period of construction. In the event of an underpayment by Davey Morris of any tax, insurance
—� premium, or contribution due during the period of construction, Davey Morris grants to Owner the right,
pending settlement of Claims, to withhold from final payment due Davey Morris, a sum equal to the
estimated underpayment.
XVIL Temporary Utilities
A. Owner shall permit Davey Morris to use utility services, including water, electric power, heating and
cooling, without charge, as required to complete the Work. Davey Morris shall provide all required
connections to these services in a safe manner and in accord with applicable codes. Davey Morris shall
ensure that utility services furnished by Owner are not wasted. Before Final Completion, Davey Morris
will remove all temporary connections and return the existing water, electric, heating and cooling
systems to a condition at least as serviceable as prior to the Date of Commencement. Use by Davey
Morris of water and electricity provided by Owner constitutes a release by Davey Morris of all Claims
and of all liability to Owner for damages which may result from power and water outages or voltage
variations.
B. Owner shall provide, at no cost to Davey Morris, adequate parking for construction personnel during
the period of construction.
C. If Davey Morris elects to put the permanent HVAC system into use, in whole or in part, Davey
Morris shall protect and maintain the HVAC system and pay for the cost of operation. Use of the
permanent HVAC system by Davey Morris shall not constitute acceptance of the system by Owner, nor
shall it reduce the HVAC warranty period to which Owner is entitled. If necessary, Davey Morris shall
provide the manufacturer's extended warranty to cover use of the HVAC system by Davey Morris prior .
to the date of Substantial Completion. Cost of the extended warranty shall be paid by Davey Morris.
D. Unless agreed to in advance by Owner, construction personnel shall use temporary toilet facilities
provided by Davey Morris, and none other.
E. Anything to the contrary in this contract notwithstanding, Owner will provide, at no cost to Davey
Morris, 110 volt electrical power from the existing distribution system on the Job Site for hand-held
portable power tools. Davey Morris will not use the existing electric power system for welding
machines or other electrical equipment with heavy power Requirements.
XVIH. Permanent Utilities
A. Owner shall secure and pay for Installation, connection, and modification of permanent electric,
water, phone, cable, sewer and gas service as required for the completed Project.
XIX. Job Cleanup
A. Davey Morris shall regularly remove from the Job Site and storage areas all surplus material, waste
and debris resulting from the Work. Construction debris shall be removed to a legal refuse collection
site with disposal or recycling fees paid by Davey Morris. At completion of the Work, Davey Morris
shall, in addition, remove from the Job Site all tools, equipment and scaffolding brought to the Job Site
by Davey Morris or Subcontractors. At Substantial Completion, exposed finishes of windows, doors,
floors, walls, ceilings, fixtures and trim shall be cleaned and free of grime, stains, over spray, dirt and
dust.
B. Davey Morris shall provide a trash disposal facility on the Job Site for use by construction
personnel. The on -site trash facility provided by Davey Morris shall be of an appropriate size for the •
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Project and placed in a location approved by Owner. All construction debris shall either be placed in the
trash facility provided by Davey Morris or hauled to a legal disposal site, at the discretion of Davey
Morris. When any trash container provided by Davey Morris is full, contents shall be removed to a legal
disposal facility at the expense of Davey Morris.
XX. Project Sign
A. Owner grants to Davey Morris the right to display a small sign (2' x 3' maximum) listing the
company name, address, logotype, phone number, and website address of Davey Morris.
XXI. Employee Relations
A. Davey Morris is responsible for performance of all construction crews, including employees of
Subcontractors, and shall enforce strict discipline and good order on the Job Site.
B. Davey Morris will enforce the following rules on the Job Site: (1) Anyone found in possession of a
firearm will be directed to leave immediately and will not be allowed to return, (2) Possession, sale, or
distribution of alcohol or illicit drugs is prohibited. Anyone under the influence of alcohol or illicit
drugs will be directed to leave immediately, (3) Davey Morris will certify that personnel on the Job Site
have consented to submit to drug and alcohol screening and testing including pre -employment, for
cause, periodic or random tests, and (4) Entry on the Job Site shall constitute consent to Inspection of an
employee's person, vehicle, and personal effects by Davey Morris, Owner, or other authority. Any
employee who is found in violation of these Job Site rules or who refuses to permit Inspection shall be
barred from the Job Site at the discretion of Davey Morris or Owner.
C. Davey Morris will ensure that personnel will be furnished and required to use safety equipment
complying with OSHA standards, including hard hats, safety glasses with permanently attached side
• shields, body harnesses with shock cord lanyard, steel toe work boots, and appropriate protective
equipment and clothing. Any employee who refuses to comply with OSHA standards shall be barred
from the Job Site at the discretion of Davey Morris or Owner.
D. Davey Morris shall pay not less than the wage scale of the various classes of labor as shown in a
prevailing wage schedule provided by Owner. Wage rates on this schedule are minimum rates only and
do not include fringe benefits such as health, welfare and pension contributions., and travel allowances.
Davey Morris and each Subcontractor shall keep, or cause to be kept, an accurate record showing the
names and trade classification of all workers employed in connection with the Work and showing the
actual per diem wage paid to each worker. Pay records shall be open at all reasonable hours for
Inspection by Owner. Davey Morris and every Subcontractor and Sub -subcontractor shall keep posted
on the construction Site, in a conspicuous place, a copy of all prevailing wage and fringe benefit rates.
E. Employment and training of apprentices shall be in accord with apprentice agreements under which
each apprentice is training. Every apprentice shall be paid the wage appropriate for the craft or trade
under which the apprentice is indentured. Davey Morris or any Subcontractor employing an apprentice
shall hold a certificate approving Davey Morris or the Subcontractor for employment and training of
apprentices. Davey Morris and the Subcontractor shall comply with any limitation on the number of
apprentices or the ratio of apprentices to journeymen who may be employed in the craft or trade on the
Work.
F. Davey Morris will allow only qualified, careful and skilled personnel to do the Work. Each worker
shall have the appropriate license, certification or experience necessary to complete the tasks assigned.
G. Davey Morris shall discharge from employment on the 6901 NW 81 Court any worker who cannot
or will not meet standards for acceptable performance or who fails to comply with reasonable
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expectations for personal conduct. •
H. Any worker employed on the 6901 NW 81 Court by Davey Moms or by any Subcontractor who, in
the opinion of Owner or Owner's Representative, is not careful and competent, does not perform Work
in a proper and skillful manner, or is disrespectful, intemperate, disorderly, or neglects or refuses to
comply with directions given, or who abuses drugs or alcohol, possesses contraband, harasses or is
belligerent toward other employees shall, at the written request of Owner or Owner's Representative, be
discharged from the 6901 NW 81 Court by Davey Moms or Subcontractor and shall not be employed
again in any portion of the Work without written consent of Owner or Owner's Representative. Should
Davey Morris or a Subcontractor continue to or again employ anyone on the 6901 NW 81 Court subject
to a request under this paragraph, Owner may suspend Work until the request for discharge is honored.
Any issue or circumstance relating to or resulting out of this paragraph shallnot be construed or
interpreted as interference with the responsibility of Davey Morris to determine the means, methods,
techniques, sequences and procedures required to complete the 6901 NW 81 Court as described in the
Contract Documents.
I. Davey Morris agrees to Indemnify and hold harmless Owner from any and all causes of action,
demands, Claims, damages, awards and attorney's fees, based on decisions made by Owner concerning
discharge of construction personnel.
J. Davey Morris is responsible for good labor relations on the 6901 NW 81 Court and shall use best
efforts and judgment as an experienced contractor to adopt and implement policies and practices
designed to avoid Work stoppages, slowdowns, jurisdictional disputes between trades, and strikes.
Davey Morris shall be liable to Owner for all damages suffered by Owner as a result of Work stoppages,
slowdowns, disputes and strikes.
XXIL Emergency Response •
- A. In any Emergency threatening the health, safety or life of persons or serious and immediate damage
to property, Davey Morris shall use best efforts and full discretion without special instruction or
authorization from Owner to prevent the threatened damage, injury or loss. When directed by any
authority, Davey Morris shall provide Emergency assistance without special instruction or authorization
from Owner. However, Davey Morris shall notify Owner promptly if Davey Moms believes any
significant changes in the Work or variations from Contract Documents have been caused by the
Emergency response.
B. Provided Davey Morris is not responsible for the Emergency condition and provided the additional
cost to Davey Morris for the Emergency response is not covered by insurance or recoverable from
others, Davey Morris shall be granted a Change Order to compensate for the Emergency response.
C. Davey Morris shall respond immediately to calls for assistance at the Job Site any time, day or night,
when circumstances require the presence of Davey Morris to protect health or safety or the Work or
adjacent property.
XXIIL Owner's Responsibilities
A. Owner will respond in writing and with reasonable promptness to written requests from Davey
Morris for information relevant to completion of the Work. Owner will identify a Representative
qualified to respond to questions from Davey Morris when Owner is not available. Davey Morris is
authorized to rely on written responses from Owner and the identified Representative.
B. Owner affirms that Owner has the right to enter into this agreement and has the right to contract for
construction of the 6901 NW 81 Court on the Job Site. Owner shall pay all taxes and assessments due
Page 10 •
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-• on the Job Site during the period of construction and shall take all reasonable actions required to protect
marketable title to the Job Site.
C. Owner will ensure that Owner's Representative responds in writing and with reasonable promptness
to written requests from Davey Moms for (1) Interpretation of the Plans or Specifications, or (2) Other
information relevant to completion of the Work. Davey Morris is authorized to rely on written responses
from Owner's Representative.
D. Owner shall have sole responsibility to secure financing for the 6901 NW 81 Court and shall pay all
fees, charges, or other costs of such financing, including Inspection fees charged by any lender. The
nonperformance of any lender shall not affect the obligation of Owner to Davey Morris. Owner hereby
authorizes and directs any lender on the 6901 NW 81 Court to furnish Davey Morris with full
information on undisbursed loan proceeds when requested by Davey Morris.
E. On request of Davey Morris, Owner shall provide clear and convincing evidence that Owner has
access to funds committed to payment of the unpaid balance of the Contract Price. Owner shall inform
Davey Morris of any significant change in the availability of funds committed to make payments
required under the Contract Documents. Failure of Owner to comply with the terms of this paragraph
shall relieve Davey Morris of the obligation to begin or continue the Work.
F. Owner will not interfere with or permit others to interfere with, stop, hinder, or delay completion of
the Work by Davey Morris or Subcontractors except as provided under this agreement.
G. Owner will coordinate the Work of Separate Contractors on the Job Site to ensure that Work under
this contract can proceed without interference. Owner affirms that contracts with Separate Contractors
require their cooperation with Davey Morris.
• H. All materials to be furnished by Owner under the Contract Documents shall be on hand and
available at the location specified, when required in the normal course of construction. Davey Morris
makes no warrant that materials Furnished by Owner are suitable for use in the 6901 NW 81 Court and
may reject such materials if Installation would materially increase the cost of construction or
substantially delay completion of the 6901 NW 81 Court.
I. During the Contract Time, Owner shall, at the expense of Owner, provide and maintain a surfaced
roadway connecting the Job Site with a public highway.
J. Owner shall obtain all consents and approvals required from any architectural review committee,
homeowners association, or similar entity having the right to review and approve Plans prior to
construction.
K. If Owner fails to comply with any request for information, Davey Morris shall be entitled to an
extension of the Contract Time equal to the delay, if any, caused by failure of Owner to respond,
provided Davey Morris shall have promptly notified Owner in writing of the right to extend the Time
for Completion. Any such extension of the Contract Time shall be the sole remedy of Davey Moms for
failure of Owner to reply to a request for information.
XXIV. Construction by Others
A. Owner shall neither hire nor retain Separate Contractors, Subcontractors, employees or agents of
Owner to perform Work on the Job Site while Work is being done under this agreement by Davey
Morris.
Page I I
XXV. Authority of Owner's Representative •
A. Owner's Representative has authority to administer the contract, make construction decisions on
behalf of Owner, and is the primary authority on issues of compliance with the Drawings and
Specifications, quality of workmanship, materials used, manner of performance, and rate of progress on
the 6901 NW 81 Court.
B. After the Contract Date, Owner shall make no change in the responsibilities or authority of Owner's
Representative without consent of Davey Morris.
C. Owner's Representative is not responsible for any act or omission of Davey Morris or for any failure
of Davey Morris or Subcontractor at any Tier to comply with the Contract Documents. Davey Morris
retains control over construction means, methods, techniques, sequences and procedures for the Work.
D. Owner's Representative shall have the right to visit the 6901 NW 81 Court and view Work in
progress at any time. Any Defective Work found or suspected, either as the result of a site visit or
otherwise, shall be reported promptly to Davey Morris. No actions taken or statements made during site
visits shall relieve Davey Morris of obligations described in the Contract Documents.
E. Communication between Davey Morris and Owner shall be initiated through Owner's
Representative unless direct communication is required by Law or Contract Documents. Unless
otherwise authorized by Davey Morris, communications between Owner's Representative and
Subcontractors or Material Suppliers shall be through Davey Morris. Communications by Davey Morris
and Subcontractors with Separate Contractors shall be through Owner's Representative.
Communications between Davey Morris and consultants to Owner's Representative shall be through
Owner's Representative.
F. Owner's Representative shall have the authority to reject and order removed any portion of the Work •
which does not conform to the Contract Documents.
G. Owner's Representative shall have authority to require additional Inspection or testing of the Work
regardless of the completion status.
H. Owner's Representative shall have authority to conduct Inspections in connection with Beneficial
Occupancy and to determine the dates of Substantial Completion and Final Completion.
I. Owner's Representative shall receive for review and approval all written records and warranties
required by the Contract Documents to be delivered to Owner.
J. Owner's Representative shall have authority to approve or decline all requests by Davey Morris for
payment, including final payment.
K. Owner's Representative is authorized to approve or make minor changes in the Work as defined in
this agreement.
L. Decisions, interpretations and clarifications by Owner's Representative shall be in writing.
M. Owner's Representative shall respond to questions from Davey Morris concerning execution of the
Work and interpretation of the Contract Documents within a reasonable time so as to avoid delaying the
Work.
N. Davey Morris shall not be bound by any determination, interpretation or decision of Owner's
Representative that is later determined a contravention of the Contract Documents.
O. Owner's Representative is an agent of Owner but has an obligation to be fair to Davey Morris and
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impartial in administering this contract.
P. If, for any reason, Owner's Representative is replaced after the Contract Date, Owner will notify
Davey Morris of the name and qualifications of the proposed replacement. if Davey Morris makes no
reasonable objection, the nominee shall assume the same status and authority as Owner's Representative
has under terms of this contract. Until a successor has assumed the duties of Owner's Representative,
Davey Morris shall continue the Work with Owner acting as contract administrator.
i
XXVI. Representations by Contractor
A. The Contract Price is based on Davey Morris's careful evaluation of Plans, Specifications, Contract
Documents, local conditions, including availability of labor, material, equipment, and transportation, the
kind and character of soil and terrain, all available reports and tests on soil conditions, Work to be
performed by Owner or Separate Contractors, environmental and historic preservation considerations,
applicable Code Requirements, climatic conditions, and other local conditions that may affect cost to
Davey Morris or duration of construction.
B. Davey Morris shall use skill and attention to complete the Work in a timely manner consistent with
the Contract Documents.
C. Davey Morris has reported to Owner all errors, inconsistencies, ambiguities, and omissions found in
the Plans and Specifications and has concluded that the Contract Documents define the Work required
with enough detail to allow Davey Morris to complete the 6901 NW 81 Court.
D. Based on a thorough evaluation of the Contract Documents, the Job Site, and all conditions that may
affect construction cost and duration, Davey Morris affirms that the Contract Price and Contract Time
• are fair and reasonable for completion of the 6901 NW 81 Court.
E. Davey Morris affirms that the company is financially solvent, licensed, experienced, competent, and
- has resources necessary to complete the Work in compliance with the Contract Documents.
F. Davey Morris affirms that all Subcontractors will be financially solvent, licensed, experienced,
competent, and will have resources necessary to complete the Work assigned in compliance with the
Contract Documents.
XXVII. Discrepancy Between Plans and held Conditions
A. Davey Morris shall compare conditions at the Job Site with representations and Requirements in the
Contract Documents. If Davey Morris discovers a discrepancy between Job Site conditions and
representations or Requirements in the Contract Documents, Davey Morris shall promptly report the
discrepancy to Owner or Owner's Representative, and provide a detailed explanation.
B. Davey Morris is not a Design Professional and has no obligation to find discrepancies between Job
Site conditions and representations or Requirements in the Contract Documents.
C. Davey Morris shall not be liable for discrepancies between representations or Requirements in the
Contract Documents and conditions at the Job Site unless Davey Morris knowingly fails to report a
discrepancy, in which case Davey Morris shall be liable for additional costs incurred as a result of
failure to give prompt notification.
D. If any concealed structure, water, power, waste, drain or gas line is uncovered or revealed during
construction which is not as indicated in the Contract Documents or is inconsistent with information
provided by Owner, Davey Morris shall promptly, and before any such structure or line is disturbed or
damaged (except in an Emergency), notify Owner or Owner's Representative. Davey Morris shall
Page 13
submit a Claim for a Change Order which covers the additional cost incurred as a result of such •
structure, water, power, waste, drain, or gas line uncovered or revealed during construction.
XXVIIL Differing Site Conditions
A. Davey Morris shall promptly, and before conditions are disturbed, give a written notice to Owner of
(1) Subsurface or latent physical conditions at or near the Job Site which differ materially from those
indicated in the Contract Documents, and (2) Unknown physical conditions at or near the Job Site, of an
unusual nature, which differ materially from those ordinarily encountered and generally recognized as
inhering in Work of the character called for in the Contract Documents. Owner shall investigate the site
conditions promptly after receiving notice. If the conditions do materially so differ and cause an increase
or decrease in the cost to Davey Morris or the time required for performing any part of the Work,
whether or not changed as a result of the conditions, an equitable adjustment shall be made under ,this
clause and the contract modified in writing accordingly.
B. Davey Morris shall make no Claim for equitable, adjustment due to differing site condition if the site
condition was known to Davey Morris at the time this contract was signed or would have been known to
Davey Morris had Davey Morris made a reasonable investigation of conditions on and near the Job Site,
including all available reports and tests, environmental considerations, Code Requirements, climatic
conditions, and other local conditions that could affect cost to Davey Morris or duration of construction.
C. If, as a result of differing site conditions, some portion of the Work is abandoned and Owner
receives little or no benefit from the abandoned portion of the Work, an equitable adjustment shall be
made under this clause, relieving Owner of any obligation to pay for the portion of the Work abandoned.
D. No request by Davey Morns for an equitable adjustment to the contract under this clause shall be
allowed unless Davey Morris has given the written notice as required. In no case will a request by is
Morris for an equitable adjustment to the contract for differing site conditions be allowed if made
after final payment under this contract.
E. Both natural and man-made physical conditions, including asbestos, pollution and mold, may form
the basis for a Claim for equitable adjustment for differing site conditions.
F. Physical conditions including weather, rising water, seismic activity, and other forces of nature may
form the basis for a Claim for equitable adjustment for differing site conditions.
G. If concealed or unanticipated conditions require a change in the Plans or Specifications, Owner will
issue a Change Order modifying the Contract Documents, Contract Price and Contract Completion
Date, if any.
H. Anything in this contract notwithstanding, Davey Morris is entitled to rely on express or implied
representations concerning site conditions made by Owner and those employed by Owner regardless of
whether those representations are made in Contract Documents or otherwise.
XXIX. Access from Other Property
A. When the Work requires access by Davey Morris through adjacent public or private property or
closure of a public right of way, Owner shall secure the appropriate permit, license or temporary
easement, and give notice as may be required by Law.
B. Owner agrees to Indemnify and hold Davey Morris harmless from Claims by owners of adjacent
private property and from Claims of government resulting from access by Davey Morris through public
property or closure of a public right of way.
Page 14 •
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XXX. Access to Site by Owner
A. While Work is in preparation or in progress, Davey Morris shall, at.all times, provide access to the
Job Site to Owner and those authorized by Owner. Davey Morris shall provide safe and proper facilities
for such access. Owner and those authorized by Owner shall have the right to inspect all Work done and
all materials, equipment and fixtures furnished, installed, or stored in and about the Job Site.
B. If Owner or anyone authorized by Owner is on the Job Site while Work is in preparation or progress
and causes a delay or disruption of the Work or does damage to the Work, for which Davey Morris is in
no way responsible, Davey Morris shall be entitled to extra compensation or an extension of time, or
both.
XXXI. Use of the Site
A. Owner has agreed to furnish all required rights to use the land upon which the Work is to be
constructed. Owner will identify any encumbrances or restrictions related to use of the land furnished
and Davey Morris agrees to comply with those encumbrances or restrictions. If Owner fails to famish
the land, rights of way, or easements when required, Davey Morris may make a Claim for extra
compensation, additional time, or other relief.
B. Davey Morris shall confine operations at the Job Site to the area allowed by Law, regulation, and
permits. In no case shall the operations of Davey Morris extend beyond the minimum area required to
complete the Work. Davey Morris shall not store on -site excess materials or equipment. Davey Morris
shall not use the Job Site as a staging, assembly, or storage area for other projects or for any purpose
other than completing the Work.
C. Davey Morris shall notify Owner at least 72 hours in advance if it will be necessary for Davey
• Morris to interrupt utility service to any building or portion of a building occupied or otherwise used by
Owner. Every reasonable means shall be used by Davey Morris to minimize the duration of any utility
outage.
D. Owner shall designate a construction entrance which Davey Morris shall use for all delivery of
materials and equipment and which shall be used by all construction personnel.
E. Except as otherwise provided in this contract, parking for vehicles owned by construction personnel
shall be restricted to designated areas. Vehicles owned by construction personnel shall be removed from
the Job Site and vicinity when construction personnel are not present on the Job Site.
F. Davey Morris shall coordinate construction Work to minimize the interference with and disruption
of operations of Owner in any building or portions of any building occupied or otherwise used by
Owner.
XXXII. Payment Plan
A. Owner will pay to Davey Morris the Contract Price in installments consisting of progress payments
and a final payment on completion of the Work.
XXXIII. Progress Payments
A. Schedule of Progress Payments
1. Progress Payment and final payement schedule will be determined by the City of Tamarac and
Sunny South Construction
Page 15
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B. Processing of Progress Payments
•
1. No less than 10 calendar days before each progress payment is due under the terms of this
contract, Davey Morris shall provide Owner with an application for payment (invoice) in a form which
complies with generally accepted trade practice.
2. Except as provided otherwise in this agreement, Owner shall pay the amount due within 10
calendar days after approval of any application for progress or final payment.
3. The amount of each progress payment shall be based on the value of construction put in place
during the payment period as calculated from the cost estimate and proposal submitted by Davey Morris
for the 6901 NW 81 Court.
4. Title to all Work done during the payment period shall pass to Owner upon payment in full of
the invoice. At the request of Owner, Davey Morris shall prepare and execute all documents necessary
to effect and perfect such transfer of title.
5. Unless otherwise provided in the Contract Documents, applications for payment may include, at
the option of Davey Morris, itemized charges for materials and equipment not yet incorporated in the
Work but delivered and suitably stored on the Job Site. Application for payment for stored materials and
equipment shall include a bill of sale or other confirmation that stored materials and equipment are the
property of Owner.
6. Payments to Davey Morris do not constitute a waiver of any Claim that Owner may have for
Defective or inadequate workmanship or materials installed on the 6901 NW 81 Court.
7. The check issued by Owner to Davey Morris may include one or more Subcontractors or
Material Suppliers as joint payees.
XXXIV. Payment for Materials Stored Off -Site
A. Except as otherwise provided in the Contract Documents, cost of materials and equipment to be
incorporated into the Work which are stored off the Job Site may be included in an application for
payment.
XXXV. Audit of Records
A. Accounting books and records of Davey Morris shall be retained for Inspection and copying by
Owner for a period of 3 years after Final Completion.
B. Davey Morris shall require that all Subcontractors working for Davey Morris on the 6901 NW 81
Court have the same obligation for Inspection, copying and retention of records as Davey Morris has.
Davey Morris shall bear all costs (including attorneys fees) of enforcement of the right of Owner to
Inspect and copy records in the event a Subcontractor refuses to fully cooperate.
XXXVI. Grounds for Withholding Payment
A. Owner may withhold payment due Davey Morris on the filing of a legal Claim against Davey Morris
by any third party if the Claim relates to the subject matter of this contract and (1) May result in a lien
on the 6901 NW 81 Court, or (2) May result in a judgment for damages against Owner. Filing of a legal
Claim shall not constitute grounds to withhold payment if Davey Morris has insurance coverage which
would prevent loss to Owner from the legal Claim made.
B. Owner may withhold payment due Davey Morris for failure by Davey Morris to meet financial
obligations to Subcontractors, tradesmen or Material Suppliers on the 6901 NW 81 Court. Failure to
is
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'• meet financial obligations shall not constitute cause to withhold payment if Davey Morris has provided
a Payment Bond from a licensed Surety, guaranteeing payment of Subcontractors, Material Suppliers,
and tradesmen.
C. Owner may withhold payment due Davey Morris when reasonable evidence exists that the 6901 NW
81 Court cannot be completed for the unpaid balance of the contract amount. Inability to complete the
Project for the unpaid balance shall not constitute grounds to withhold payment if Davey Morris has
provided a completion Bond from a licensed Surety guaranteeing completion of the 6901 NW 81 Court.
D. Owner may withhold from payments due Davey Morris a sum adequate to reimburse Owner for any
damage suffered by Owner or for which Owner may be liable and which was caused by an act or neglect
of Davey Morris or by anyone for whom Davey Morris may be liable. Damage to Owner shall not
constitute grounds to withhold payment if Davey Morris has insurance coverage which would prevent
loss to Owner from the damage claimed.
E. Owner may withhold payment due Davey Morris for neglect of Davey Morris to obtain a required
permit or license or to comply with applicable Law, ordinance, code, or regulation, providing such
neglect of Davey Morris has a material impact on satisfactory completion of the 6901 NW 81 Court in
compliance with the Contract Documents.
F. If Owner withholds any payment under terms of this agreement, Owner will notify Davey Morris in .
writing of the amount being withheld, the reason why payment is withheld, and what must be done to
release the payment otherwise due.
G. Grounds entitling Owner to withhold certain amounts due Davey Morris under this agreement shall
not relieve Owner of the obligation to pay Davey Morris other amounts then due and shall not relieve
• Owner of the obligation to pay in full when the reason for withholding payment no longer exists.
H. Payments made by Owner with knowledge of a Defect, Claim, damage, delinquency, neglect, or
failure of Davey Morris does not constitute waiver of the right of Owner to withhold payment at a later
date for an earlier Defect, Claim, damage, delinquency, neglect, or failure by Davey Morris.
1. Owner may withhold from the current payment an amount which could have been withheld from an
earlier payment had a latent Defect or failure by Davey Morris been discovered before the earlier
payment was made.
J. Should any mediation, arbitration or court proceeding determine that Owner was not justified in
withholding payment to Davey Morris, the amount wrongfully withheld shall be treated as an unpaid
balance and accrue interest as provided by Law or this contract from the calendar, day payment was
wrongfully withheld.
K. Withholding of payment by Owner under the terms of this agreement does not constitute either
breach of contract or default by Owner.
XXXVH. Final Payment
A. Davey Morris will submit an application for final payment and will notify Owner's Representative
when the Work has been completed. Owner's Representative will issue a certificate of completion on
determination that the 6901 NW 81 Court is complete and in compliance with the Contract Documents.
When the certificate of completion is issued, the entire unpaid balance of the contract amount, including
any Retainage, is payable to Davey Morris.
B. Making of final payment constitutes waiver of all Claims by Owner against Davey Morris except
those Claims previously made in writing and delivered to Davey Morris and those obligations otherwise
-• Page 17
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provided by this agreement or by operation of Law. •
C. The acceptance of final payment by Davey Morris constitutes a complete and unconditional waiver
and release of any and all Claims by Davey Moms of whatever nature, and regardless of whether they
are then known or unknown, and a complete and unconditional release of Owner, and every person for
whom Owner is responsible, for any and all matters related to the contract or otherwise, except those
Claims which have been made in writing and identified by Davey Morris as not having been settled at
that time.
D. Owner has no obligation to make final payment until all Punch List items have been satisfactorily
completed unless Owner agrees to accept a certified check equal to the value of any uncompleted Work.
E. Application for final payment constitutes affirmation by Davey Morris that all payrolls, bills for
materials, equipment charges, and other obligations of Davey Morris in connection with the Work have
been paid or otherwise satisfied.
F. After receipt of an application for final payment and before tender of the final payment, Owner may
accept the Work for occupancy or use while asserting Claims against Davey Morris disputing the
amount of compensation due Davey Morris, disputing the quality of the Work, its completion, or its
compliance with the Contract Documents, or any other reason.
G. If completion of the Work is delayed unreasonably at no fault of Davey Morris, Davey Morris shall
be entitled to final payment for all Work completed (including Retainage) without prejudice to the right
of Davey Morris to complete the 6901 NW 81 Court at a later date and without prejudice to the right of
Owner to make Claims against Davey Morris for Defects in Work completed.
XXXVHL Changes In the Work
A. Except as provided elsewhere in this agreement, no change to this contract (including modification, •
clarification, interpretation or correction of the Plans or Specifications) shall be made without mutual
agreement and a written Change Order signed by Davey Morris and Owner identifying the change, the
cost of the change, and the effect on Project schedule, if any.
B. Any change in Plans, Specifications or Contract Documents necessary to conform to existing or
future Laws, codes, ordinances or regulations shall be considered Extra Work.
C. Changes in the Work required due to defects or inconsistencies in Plans, Specifications or other
Contract Documents shall be considered Extra Work.
D. Any act, error, or omission by Owner or anyone acting on behalf of Owner which increases the cost
of completing the Work or delays the Contract Completion Date shall be considered Extra Work.
E. Owner may order Extra Work or make changes in the Work before a Change Order is signed when
injury to person or property or a significant increase in cost or a significant delay would likely result
from processing a routine Change Order.
F. The charge for Extra Work shall be the normal selling price Davey Morris charges for Similar
changes on other jobs.
G. No Claim for Extra Work shall include a charge by Davey Morris for negotiating details of the
Change Order with Owner.
H. Time required to complete Extra Work may include time needed to estimate and document the Extra
Work. But time required to negotiate details of a Change Order shall not be considered when evaluating
an appropriate extension of the Contract Completion Date appropriate for the Change Order.
Page 18 •
• I. If any Change Order increases or decreases the time required for completion, Owner and Davey
Morris shall make an appropriate adjustment in the Contract Completion Date.
J. Davey Morris may delay acting on any written or oral direction, instruction, interpretation, or
determination of Owner's Representative which would constitute Extra Work and may assert the right to
an amendment to this contract by written Change Order before proceeding.
K. On receipt of any instruction or information which Davey Morris interprets as requiring Extra Work,
Davey Morris shall prepare and submit to Owner a proposal describing the change in the Work using
(where appropriate) Drawings, Specifications, narrative, the cost to Owner for making the change, and
the proposed revision in the Contract Completion Date, if any.
L. Davey Morris is authorized to make minor changes in the Work which are in the interest of Owner,
do not materially alter the quality or performance of the Work, and do not affect the cost or time of
performance, and comply with applicable Laws, codes, ordinances and regulations. Davey Morris will
inform Owner of each minor change made in the Work.
M. Owner is authorized to make minor changes in the Work which are in the interest of Owner, do not
materially alter the quality or performance of the Work, do not affect the cost or time of performance,
and comply with applicable Laws, codes, ordinances and regulations.
N. Other clauses in this agreement notwithstanding, there will be no reduction in the value of the Work
without a written Change Order.
O. When a change in the Work has been proposed by Owner, Davey Morris shall halt Work in the area
of the proposed change and take steps to minimize any loss or waste'which might result from
implementing the proposed change.
• P. When signed by Davey Morris and Owner, each Change Order becomes a Contract Document.
Q. Acceptance by Davey Morris of payment for a Change Order shall constitute a waiver by Davey
Morris of all other Claims by Davey Morris based on Work described in the Change Order.
R. Execution of any Change Order by Owner shall not constitute acceptance of any Work or materials
not in accordance with the Contract Documents, nor shall it relieve Davey Morris of responsibility for
faulty materials or workmanship or operate to release Davey Morris or any Surety of Davey Morris from
obligations arising under contract or Performance Bonds.
S. Notwithstanding any provision in this agreement to the contrary, Davey Morris shall be entitled to
payment for Extra Work and an extension of the Contract Completion Date if acts or omissions of
Owner, anyone acting on behalf of Owner or government authority, whether written or oral, explicit or
implied, modify the Contract Documents or methods of the Work and thereby increase cost to Davey
Morris or delay the Contract Completion Date.
T. Failure of Davey Morris and Owner to agree on the terms of a Change Order shall be resolved under
the provisions of this agreement which cover Claims and disputes.
U. Cost to Owner for making a change in the Work shall not exceed the amount quoted in any written
proposal for that change provided by Davey Morris.
V. Should Davey Morris and Owner fail to agree promptly on the terms of a Change Order, Davey
Morris shall be paid, pending resolution of the dispute, the. portion of the cost of the change not in
dispute, including the costs of time and materials required to execute the change. Payments required
under this paragraph shall be made as the Work progresses, concurrently with progress payments.
Page 19
W. Failure of Davey Morris and Owner to agree on the cost of a change in the Work or failure to agree
that Extra Work is required does not prejudice the right of Davey Morris to Claim that Work performed
was beyond Requirements of the Contract Documents.
XXXIX. Cooperation of the Parties
A. Owner and Davey Morris acknowledge; that open communication and cooperation will be required
to complete the 6901 NW 81 Court on time, as estimated, and in compliance with the Contract
Documents. Davey Morris and Owner each agree to identify a representative who will be available to
resolve minor problems, answer questions and -reach mutually acceptable solutions. The individuals
identified by Davey Morris and Owner shall try to reach informal agreement on problems as they arise
but are under no obligation to do so.
.B. Both Davey Morris and Owner pledge that their relations will be conducted with courtesy and
consideration in an environment characterized by mutual respect. Owner pledges to respond promptly to
requests by Davey Morris for guidance, assistance and payments when due and agrees to extend to
Davey Morris the deference and latitude a dedicated professional deserves. Davey Morris pledges to
commit the skill and resources required to complete the 6901 NW 81 Court in a manner that complies
with both the letter and spirit of the Contract Documents and enhances the reputation of Davey Morris
for dependability and professionalism.
C. Davey Morris shall cooperate with persons employed by Owner and coordinate Work with others on
the site. In the case of disagreements as to the sequence of Work, use of space, responsibility for
damage, or other dispute related to the Work, Davey Morris and those working for Davey Morns shall
abide by the decision of Owner's Representative on the procedure to be followed.
XL. Job Conferences •
A. Prior to the start of construction, Davey Morris and Owner shall hold a pre -construction conference
to identify: (1) The people who will be involved in construction of the 6901 NW 81 Court, their chain of
authority, addresses, telephone numbers, fax numbers and email addresses to be used when requesting
information or giving notices, (2) The proposed construction schedule, (3) Procedures for approving
Shop Drawings, product data and Submittals, (4) Procedures for handling Change Orders, (5)
Construction Site Requirements such as dust and erosion control, storm water management, Project
signs, clean up and housekeeping, temporary facilities, utilities, security, and traffic, (6) Safety
Requirements and procedures, (7) Quality control, testing, Inspections and notice Requirements, (8)
Inspection procedures, and (9) The handling of payment requests.
XLI. Value Engineering
A. Davey Morris is encouraged to submit in writing to Owner detailed value engineering proposals
which will accelerate completion, reduce cost to Owner, or which offer significant benefits (including
long-term benefits) to Owner. On acceptance of any value engineering proposal, Owner and Davey
Morris shall execute a detailed Change Order identifying the change and value of the direct cost saving
or enhanced value to Owner. Owner shall pay to Davey Morris 50 percent of the direct cost saving or
enhanced value identified in any Change Order that results from a written value engineering proposal
submitted by Davey Morris. In the absence of any such value engineering proposal, Davey Morris is
deemed to have accepted construction details provided by the Contract Documents as adequate to
produce satisfactory Work.
B. Davey Morris shall remain obligated to perform in accord with terms of the Contract Documents
unless and until a Change Order adopting a value engineering proposal is approved by Owner.
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-I• XLII. Call -Backs
A. On written notice from Owner within one year after Substantial Completion (the call-back period),
Davey Morris shall promptly repair or replace any portion of the Work which becomes Defective due to
faulty materials or workmanship.
B. The obligation of Davey Morris to repair or replace Defects due to faulty materials or workmanship
during the call-back period is in addition to and does not limit any other remedy Owner may have under
the Contract Documents, Law, or any warranty provided by Davey Morris or others. This call-back
remedy does not limit the liability of Davey Morris for Defective Work or limit the time within which
proceedings may be commenced to enforce rights and obligations under this agreement.
C. Davey Morris shall bear the cost of repairing or replacing any materials damaged in the process of
making repairs during the call-back period.
D. Failure of Owner to give notice of a Defect within the call-back period constitutes a waiver of rights
to repair or replacement of that Defect.
E. If Davey Morris fails to respond to a notice by Owner to correct a Defect in material or
workmanship within a reasonable time, Owner may make the correction at the expense of Davey Morris.
F. Davey Morris has the right to test and inspect any Claimed Defect during the call-back period and
may seek the opinion of independent experts on the Claimed Defect before beginning repairs.
G. Davey Morris shall remove from the premises all material demolished or replaced after making
corrections required during the call-back period.
• XLIII. Warranty
Davey Morris warrants that the Work shall be free of Defects due to faulty material or workmanship for
the period specified in this agreement.
A. General Requirements
1. Except as otherwise provided in this agreement, the warranty period shall begin from the date of
Substantial Completion.
2. If any portion of the Work is put to the intended use by Owner prior to Substantial Completion,
the warranty period for that portion of the Work shall begin to run from the calendar day that portion of
the Work is put to the intended use.
3. The obligation of Davey Morris to make good on breaches of warranty during the warranty
period is in addition to and does not limit any other remedy Owner may have under the Contract
Documents or any warranty provided by others. Warranty provisions of this agreement do not limit the
liability of Davey Morris for Defective Work or limit the time within which proceedings may be
commenced to enforce rights and obligations under this agreement.
4. Davey Morris shall bear the cost of repairing or replacing any materials damaged in the process
of making repairs during the warranty period.
5. Davey Morris shall deliver to Owner all warranties provided by vendors and manufacturers of
materials and equipment used to complete the 6901 NW 81 Court. Davey Morris shall have no
obligation under warranties provided by others except to render any assistance that Owner may require
in enforcing the terms of those warranties.
_. 6. Davey Morris shall remove from the premises all material demolished or replaced after making
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corrections required by a claimed breach of warranty. •
7. If Davey Morris disturbs, alters, or damages any Work guaranteed under a separate contract,
thereby voiding the guarantee of that Work, Davey Morris shall restore that Work to a condition
satisfactory to Owner and shall guarantee that portion of the Work to the same extent that the Work is
guaranteed under the separate contract.
8. Except as provided in this agreement, and to the extent permitted by Law, Davey Morris
disclaims all warranties, whether express or implied, whether of fitness for purpose, merchantability,
habitability or workmanlike completion.
9. Failure of Owner to give notice of a breach of warranty within the warranty period constitutes a
waiver of the right to repair or replacement by Davey Morris.
10. To make a warranty Claim under this agreement, Owner must send a clear and specific written
complaint to Davey Morris at the following address within 60 calendar days of discovering Defects,
unless otherwise specified in the list of items covered under this warranty. Davey Morris shall make
repairs, replacements and corrections promptly and at no expense to Owner.
Sunny South Construction Company Inc.
15743 92nd Court North
West Palm Beach, Florida 33412
I L . Davey Morris has the riot to test and inspect any claimed breach of warranty during the
warranty period, and may seek the opinion of independent experts on the Claim before beginning repairs.
12. Upon receipt of written notification, Davey Morris must notify Owner within 30 calendar days
of a disputed Claim, Davey Morris and Owner agree to a dispute resolution process as specified in the •
Contract Documents. Under the Magnuson -Moss Warranty Act and under this warranty, suit may not be
filed against Davey Morris until the Claim has been submitted for informal dispute settlement and a
decision has been reached, or a waiting period of 40 calendar days has been exceeded for a decision,
following the submission of a request for warranty repair, whichever comes first. State or federal Laws
may permit filing a suit without the waiting period, despite the terms of this agreement.
13. Owner must provide Davey Morris with reasonable access during the Work Day to perform
obligations created by this warranty. If Owner fails to provide access, Davey Morris is relieved of the
obligation to make repairs for which access has been denied.
14. Upon repair or replacement of the Defect, Owner must sign and deliver to Davey Morris a full
release of all legal obligations with respect to the Defect.
15. Warranty provided by this contract shall inure to the benefit of and shall be directly enforceable
by Owner and not by any subsequent purchaser or transferee of the property on which the 6901 NW 81
Court is constructed.
16. Owner must sign and return acceptance of the decision form to Davey Morris within 45 calendar
days after the date of the dispute settler's decision. Davey Morris will be bound by the dispute settler's
decision. Davey Morris is not responsible for damages caused or worsened by a delay in returning the
acceptance of decision form to Davey Morris. Acceptance of the dispute settler's decision in no way
affects Owner's legal rights against Davey Morris.
B. Exclusions from Warranty
1. The warranty provided by this contract does not cover any of the following items or conditions:
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I. Defects or damages in outbuildings including, but not limited to: detached carports and detached
garages (except outbuildings which share plumbing, electrical, heating, cooling or ventilation systems
with the main structure), boundary walls, bulkheads, driveways, fences, landscaping (inclusive of
sodding, seeding, shrubs, trees and plantings), off -site improvements, patios, retaining walls, site
-located swimming pools and other recreational facilities, walkways, or any other improvements not a
part of the main structure.
II. Defects or damages to concrete floors of basements and attached garages that are built separately
from foundation walls. or other structural elements, more than one year after completion of the main
building.
III. Damages or losses to real property or personal property that is separate or apart from the Work
under construction.
IV. Losses that are a consequence of a Defect but are not a physical Defect in the structure.
Excluded consequential losses include, but are not limited to: uninhabitability or health risk resulting
from the presence of toxic or Hazardous Materials, radon gas, formaldehyde, or other pollutants or
contaminants.
V. Damages to personal property or bodily injury.
VI. Damages or Defects that result from circumstances beyond the control of Davey Morris
including, but not limited to, accidents, fire, explosion, smoke, falling objects, damage from aircraft,
vehicles, lightning, windstorm, hail, flood, mudslide, earthquake, volcanic eruption, wind -driven water,
or unforeseeable change in the underground water table.
VII. Damage or Defects in materials or workmanship supplied by anyone other than Davey Morris,
• employees of Davey Morris, agents or those working under the direction of Davey Morris, including
Subcontractors.
VIII. Damages or losses that result from soil movement that is covered by insurance or that is
compensated for by legislation.
IX. Insect damage.
X. Dampness, condensation or standing water due to failure of Owner to maintain adequate
ventilation or other cause beyond the control of Davey Morris.
XI. Damages or losses that occur while the structure is being used mainly for other than the intended
purposes.
XII. Damage or losses that result from overloading of any floor, wall, ceiling, or roof beyond the
design capacity.
XIII. Any Claim for warranty that is not filed in compliance with the terms required by the Contract
Documents.
XIV. Defects or damages that result from poor maintenance practice, improper operation or
modification, abuse, neglect or normal wear and. tear.
XV. Claimed Defects that are obvious, apparent and accepted at the time of completion.
XVI. Damages caused or made worse by:
A. Negligence, improper operation or improper maintenance by anyone other than Davey Morris,
employees of Davey Morris, agents or Subcontractors.
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B. Failure of Owner or anyone other than Davey Morris, employees of Davey Morris, agents or •
Subcontractors to comply with the warranty Requirements of the manufacturer.
C. Failure of Owner to give Davey Morris notice of Defects within a reasonable time.
D. Changes to site grading by anyone other than Davey Morris, employees of Davey Morris, agents or
Subcontractors.
E. Changes, additions, deletions, or any other alterations made to any part of the structure by anyone
other than Davey Morris after the warranty term begins.
F. Loss that results from failure of Owner to take timely action to mitigate or minimize damage.
2. In exchange for the warranties provided by this agreement, Owner waives and releases all
Claims for incidental or consequential damages from breach of any warranty provided by this
agreement, including damage from loss of use, diminished market value, inconvenience or the cost of
relocation, alternate shelter, transportation, food, moving, or storage.
C. Basic Warranty Coverage
1. It is a breach of warranty if any material or design furnished, or workmanship performed by
Davey Morris or any Subcontractor or Material Supplier, is found to be defective during the first year.
XLIV. Contractor Claims
A. Davey Morris and Owner agree to make a good faith effort to resolve all Claims that arise under this
agreement and shall seek the opinion of expert disinterested parties on the validity of Claims, when
appropriate. Claims not resolved to the mutual satisfaction of Davey Morris and Owner shall be
resolved under the provisions of this agreement covering dispute resolution. isXLV. Notice of Claims
A. No Claim by Davey Morris shall be considered unless Davey Morris provides Owner or Owner's
Representative with a notice that there will be a Claim for additional compensation or an extension of
time. This notice of Claim shall be made no less than 5 calendar days after Davey Morris recognizes or
should have recognized that circumstances exist which support such a Claim. The notice of Claim shall
include: (1) The date of the notice, (2) The date the basis for the Claim was discovered, (3) The
circumstances that support the Claim, and "(4) The estimated additional cost to Owner or additional time
required to complete the 6901 NW 81 Court.
B. If the Claim involves Extra Work, Davey Morris shall maintain detailed records which show each
expense incurred, including payroll records and receipts for Subcontracted Work, materials and
equipment. These detailed records shall be made available to Owner for verification while Work subject
to the Claim is being performed.
C. Within 10 calendar days after completion of Work which is the subject of a notice of Claim, Davey
Morris shall provide to Owner or Owner's Representative a written final statement of Claim. The final
statement of Claim shall include: (1) The date of the statement, (2) The date when Work done under the
Claim was completed, (3) The full and final amount of the Claim and the additional time Claimed, and
(4) An offer to provide detailed written records substantiating each element of the Claim.
D. All Claims of any nature are barred if asserted after final payment has been made under this contract
E., Neither mediation nor arbitration shall relieve the obligation of Davey Morris to give timely notice
of Claims. No conduct or settlement negotiation during mediation shall be considered a waiver of the
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• right of Owner to assert that Claim procedures were not followed.
F. Davey Morris agrees and understands that no oral approval, either express or implied, of any Claim
shall be binding upon Owner unless and until such approval is ratified by execution of a written Change
Order.
XLVI. Arbitration
A. Any controversy or Claim arising out of or relating to this contract or contract warranty or the breach
thereof which cannot be resolved by mediations shall be settled by arbitration. Any judgment on the
award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
1. If a dispute develops between the Parties to this contract, the Parties will submit to binding
arbitration to address any controversy or Claim arising out of, or relating to this contract or relating to
any Change Orders or other changes or addendums to this contract. The arbitration shall be conducted
by andaccording to the rules and procedures of Construction Dispute Resolution Services, LLC. The
Arbitration Award shall be binding upon the Parties and shall be enforceable in any court of competent
jurisdiction. Both Parties shall share the cost of the dispute resolution process equally up to and
including the arbitration hearing although personal attorneys and witnesses or specialists are the direct
responsibility of each Party and their fees and expenses shall be the responsibility of the individual
parties. As part of the Arbitration Award, the arbitrator(s) shall allocate the fees and costs of the
arbitration along with reasonable attorney's fees and other reasonable costs and expenses to the
prevailing Party in any manner that the arbitrator(s) considers reasonable.
B. If a dispute develops between the Parties to this contract, they will, before resorting to arbitration,
litigation, or any other dispute resolution procedure, submit to mediation to address any controversy or
• claim arising out of, or relating to this contract or relating to any Change Orders or• other changes or
addendums to this contract. The mediation shall be conducted by and according to the Mediation Rules
- and Procedures of Construction Dispute Resolution Services, LLC. Both Parties shall share the cost of
the mediation equally up to and including the mediation settlement agreement. Attorneys and witnesses
or specialists are the direct responsibility of each Party and their fees and expenses shall be the
responsibility of the individual Parties.
C. Arbitration provisions of this contract shall be specifically enforceable.
D. The location of arbitration hearings held under this agreement shall be the county in which the 6901
NW 81 Court is located unless agreed to otherwise by all Parties to the arbitration.
E... Davey Morris and Owner agree to include in each contract for construction or design services on the
6901 NW 81 Court a clause which requires that disputes under that contract be settled by arbitration
administered by Construction Dispute Resolution Services, LLC.
F. Any representative of Owner or consultant to Owner or Davey Morris or any Subcontractor to
Davey Morris on the 6901 NW 81 Court shall have the same rights in any arbitration proceeding as are
afforded by arbitration rules to Davey Morris and Owner. If more than one demand for arbitration is
made by a Party with respect to the 6901 NW 81 Court, all such Claims shall be consolidated into a
single arbitration unless the Parties otherwise agree in writing.
G. If a Claimant in arbitration recovers less than 50 percent of the amount demanded in arbitration,
Davey Morris and Owner agree that the Claimant shall pay all costs in arbitration, including the
arbitrator's fees and the attorneys fees of the opposing Party.
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XLVH. Interpretation of the Contract
A. The omission of words or phrases in the Contract Documents or obvious typographical errors in the
Contract Documents shall not defeat interpretation of the Contract Documents so long as the meaning is
reasonably inferable from the Contract Documents taken as a whole.
B. Words and abbreviations defined in this contract are capitalized and should be understood as
defined. Words commonly used in the construction industry are to be understood in their recognized
technical or construction industry context. Any word not defined in this contract and which does not
have a well-known technical or construction industry meaning is to be understood as defined in the most
recent edition of the Merriam -Webster Collegiate Dictionary.
C. Nothing in the Contract Documents shall be interpreted as requiring Davey Morris to violate any
Law or regulation imposed by government,
D. Wherever the words "will" or "shall" appear in the Contract Documents, it is understood that the act
specified is required for compliance with the Contract Documents. The words "approved", "acceptable",
and "satisfactory" mean "approved by", "acceptable to" or "satisfactory to" Owner unless otherwise
expressly stated.
E. The terms "agreement" and "contract" have the same meaning and are interchangeable.
F. The words "including" or "includes" shall be construed as identifying examples rather than
limitations whether or not followed or preceded by nonlimiting language (such as "without limitation,
but not limited to").
G. Organization of Specifications into various divisions and the arrangement of information on
construction Drawings are for the convenience of the designer and are not intended for use in dividing •
Work among Subcontractors or in establishing the extent of Work to 'be performed by any trade.
Division of Work among construction trades or Subcontractors is the responsibility of Davey Morris.
H. Except as noted otherwise, references to standard Specifications or publications of associations,
bureaus, or organizations shall mean the latest edition of the referenced standard Specification or
publication as of the date this contract was signed.
I. Words of any gender used in this contract shall be construed to include both genders. Words. in the
singular number shall be construed to include the plural, unless the context requires otherwise.
J. Section headings and paragraph numbers have been included in this contract to make reference
easier and in no way limit, define, or enlarge the terms, scope, or conditions of this contract.
K. Any error or omission in an invoice or request for payment is waived if Owner fails to request a
corrected invoice within 10 Working Days of receiving the defective invoice or request for payment.
Any defect in an invoice or request for payment shall not constitute grounds for delay of payment on the
portion of the invoice or request for payment which is free of defects. Any defective invoice or request
for payment which is corrected promptly by Davey Morris shall be construed as having been received by
Owner in good order when first delivered in defective form.
L. Except as otherwise provided in this contract, Owner and Davey Morris intend that this contract be
interpreted in accord with the Restatement of Law, Contracts, published by the American Law Institute.
Specifically: All parts of the Contract Documents should be interpreted together, and conduct of the
Parties should be interpreted as a manifestation of intention, and specific provisions should be
interpreted as qualifying the meaning of the general provisions.
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• XLVIII. Dealing With Plan Defects
A. At any time, Davey Morris may request an interpretation or clarification of the Contract Documents
from Owner or Owner's Representative. Owner or Owner's Representative shall reply with a written
interpretation, clarification, or detailed instructions within a reasonable time.
B. Unless Davey Morris has asked for and received a written clarification from Owner in time to
prevent delay in the Work, any omission or ambiguity in the Contract Documents shall be interpreted as
requiring the material or construction technique necessary to produce the greater quantity and better
quality of Work.
C. Anything described in one of the Contract Documents shall be considered required by all Contract
Documents.
D. Davey Morris will report promptly to Owner any design defects likely to result in problems during
construction of the 6901 NW 81 Court. However, Davey Morris is not a licensed architect or engineer
and has no obligation to detect ambiguities, inconsistencies or omissions in the Contract Documents.
While acting in good faith, Davey Morris is entitled to rely on the Work of a trained design specialist
selected by and responsible to Owner.
E. If inconsistent, approved changes to the Contract Documents take precedence over the original
Contract Documents. Subsequent changes to the Contract Documents take precedence over prior
changes to the Contract Documents.
F. If inconsistent, the Specifications take precedence over the construction Drawings.
G. If anything in the construction Specifications is inconsistent with anything else in the construction
• Specifications: (1) A product performance Requirement takes precedence over a named product or
manufacturer, and (2) Other clauses in the Specifications take precedence over anything incorporated by
reference into the Specifications.
V
H. If anything in the construction Drawings is inconsistent with anything else in the construction
Drawings: (1) Dimensions written in numbers take precedence over scaled measurements, (2) Notes and
schedules take precedence over lines on the Drawings, (3) Large scale Drawings take precedence over
small scale Drawings, (4) Schedules take precedence over notes or other directions, (5) Specific notes
take precedence over general notes, and (6) Bottom elevations of footings take precedence over any
general notes.
I. Except as specifically provided elsewhere in this agreement, inconsistencies shall be resolved by
giving precedence to the less restrictive, standard quality, less demanding provision in codes, safety
orders, Contract Documents, referenced manufacturers' specifications, and industry standards.
I Pending clarification by Owner, Davey Morris shall perform no Work on any portion of the 6901
NW 81 Court requiring an interpretation of the Contract Documents. Davey Morris has no liability for
Work done before discovering the needfor interpretation so long as that Work was done in good faith
reliance on one of the Contract Documents.
XLIX. Assignment of the Contract
A. Except as otherwise provided in this agreement, Davey Morris shall not assign this contract or sublet
it as a whole without the written consent of Owner.
B. Except as otherwise provided in this contract, Owner shall not assign this contract without the
written consent of Davey Morris.
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C. Except as may be required under terms of the Performance Bond or Payment Bond, Davey Morris
•
shall not assign money due or to become due under this agreement without prior written consent of
Owner. Any assignment of money due or to become due under this agreement without prior written
— consent of Owner shall be void and shall not obligate Owner in any way.
D. Upon termination of this agreement for any reason and if requested by Owner,'Davey Morris will
assign to Owner each of the Subcontracts and vendor agreements entered into by Davey Morris for
completion of the 6901 NW 81 Court. Davey Morris will include language in each Subcontract and
vendor agreement for the 6901 NW 81 Court which provides Davey Morris with the option of assigning
the Subcontract or vendor agreement to Owner, subject to the rights of any Surety.
L. Choice of Law
A. The contract shall be governed by the Law of the State of Florida.
LI. Choice of Venue
A. The Parties agree that venue for any action related to performance of this contract shall be the
appropriate court in the State of Florida.
LII. Entire Agreement
A. the entire agreement of this contract includes the original work write, the revised work write up that
was identified by the the award letter dated November 9, 2011
Lm. Independent Contractor
A. Davey Morris shall perform all obligations required by this agreement as an independent contractor
and not as an employee of Owner. No agent, employee or Subcontractor of Davey Morris shall accrue
•
leave, pension, insurance, or any other benefit provided to employees of Owner.
B. Neither Davey Morris nor any employee of Davey Morris shall act as an agent, representative or
employee of Owner. Davey Morris shall have no authorization, express or implied, to bind Owner to
any agreement, liability, or understanding, except as expressly provided in this contract.
C. Nothing in this agreement shall be construed to create any partnership, joint venture, or other
association between Owner and Davey Morris.
D. It is expressly agreed and understood that this is a nonpersonal services contract under which
professional services rendered by Davey Morris are rendered as an independent contractor.
LIV. Severability
A. If any provision of this contract is interpreted or rendered invalid and unenforceable, then the
remainder of this contract shall remain in full force and effect.
LV. Survival of Obligations
A. Provisions of this contract which by their nature survive Final Completion or termination of the
contract, including any and all warranties, Indemnities, payment obligations, the obligations to settle
disputes by arbitration and the right of Owner to audit the books of Davey Morris, shall remain in full
force and effect after Final Completion or termination of the contract.
LVI. Cumulative Remedies
A. All rights and remedies provided to Davey Morris and Owner by the Contract Documents are
cumulative and in addition to and not in limitation of rights and remedies available to Davey Morris and
•
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Owner at Law or in equity.
LVII. Materials and Substitutions
A. Except as stated otherwise in the Specifications, any reference in the Specifications to a brand,
make, manufacturer, or model denotes only characteristics of quality, workmanship, economy of
operation and suitability for the intended purpose. Davey Morris may use any substantially equivalent
material, equipment, or article if approved in advance of Installation by Owner or Owner's
Representative.
LVIII. Inspections
A. Davey Morris shall schedule and coordinate all Inspections required by the Contract Documents and
by public authority so as not to delay the progress of the Work or the Work of Owner or Separate
Contractors. If the Contract Documents require that an Inspection be witnessed or attended by Owner or
Owner's Representative, Davey Morris shall give advance notice of the time and place of the Inspection.
Davey Morris shall schedule Inspections during regular Work Days and normal business hours, unless
mutually agreed by Davey Morris, Owner, and Inspector.
B. Owner, Owner's Representative, and Inspectors from the public authority having jurisdiction shall
have access to all construction, materials and equipment on the Job Site for the purpose of making
Inspections. Davey Morris shall provide the facilities and safety equipment reasonably necessary to
make Inspections. On request of Owner, Davey Morris shall provide an employee of Davey Morris to
accompany the Inspector.
C. Neither an Inspection nor a failure to make an inspection shall relieve Davey Morris of
• responsibility for compliance with the Contract Documents. inspections shall not be interpreted as (1) A
substitute for adequate quality control by Davey Morris, (2) A discharge of liability of Davey Morris,
(3) Acceptance by Owner of any Work which passes Inspection, or (4) Waiver of any Requirement of
the Contract Documents.
D. Without written authorization of Owner, Davey Morris shall not be bound to follow any instruction
issued by an Inspector which Davey Morris considers a change in the Contract Documents.
E. Except as provided otherwise by the Contract Documents, all materials, workmanship, processes of
manufacture and methods of construction shall be subject to Inspection where construction and
assembly are being performed. Such Inspections shall not unreasonably interfere with or delay the
operations of Davey Morris.
F. - An above -ceiling Inspection is required when all above -ceiling construction is complete except for
the finish ceiling material. At this Inspection, all above -ceiling systems shall be complete, including: (1)
Pipe, conduit and duct identification markings, (2) Fire -rated construction including fire -stopping of
penetrations, (3) Ceiling framing and suspension systems with lights, grilles, diffusers and access
panels, (4) Fire protection drops for sprinkler heads in their final locations, and (5) Framing supports for
ceiling -mounted equipment.
G. On request of Owner, a copy of each certificate of Inspection shall be delivered to Owner or Owner's
Representative.
H. Davey Morris shall be charged for the cost of rescheduling any Inspection which has been scheduled
by Davey Morris but cannot be completed due to some act or omission of Davey Morris.
I. If an Inspection reveals Work of Davey Morris is not in compliance with the Contract Documents or
not in compliance with any code or statute, Davey Morris shall bear the costs of correction, the cost of
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repeating the Inspection, and any related costs, including reasonable charges by Owner or Owner's •
Representative for additional services.
LIX. Performance Testing
A. When a performance test is required by either the public authority or the Contract Documents,
Davey Morris shall: (1) Schedule the test, (2) Give adequate notice to Owner of the time and date set for
the test, (3) Prepare Samples suitable for testing, and (4) Distribute test results to Owner or Owner's
Representative. On request of Owner or Owner's Representative, Samples for testing shall be selected
by or in the presence of Owner or Owner's Representative,
B. Nothing in the Contract Documents shall be interpreted as preventing Davey Morris from
performing tests voluntarily on any material or assembly so long as Owner is not charged for the.cost of
such test or required to rely on the results of such voluntary test.
C. Provisions of the Specifications on testing and Inspections shall take precedence over any
inconsistent provisions of this contract.
D. Davey Morris shall collect and deliver test Samples when needed and provide patching and
restoration services where test Samples have been removed.
E. Except as provided otherwise by the Contract Documents, Owner shall pay for all laboratory tests
required for the 6901 NW 81 Court. Davey Morris shall pay for laboratory tests used to establish
concrete mix design, and for any second and subsequent tests necessary after workmanship or materials
have failed an initial test.
F. Should any performance test disclose that materials or Work of Davey Morris are not in compliance
with Code Requirements or the Contract Documents, Davey Morris shall bear the cost of replacing the •
materials or Work and shall pay for additional testing.
G. Any test required on materials or equipment offered as a substitute for a specified material or as a
substitute for specified equipment shall be paid for by Davey Morris. Tests on mechanical systems
required to insure proper Installation and operation shall be paid for.by Davey Morris.
LX. Uncovering the Work for Inspections
A. So long as tests and Inspections are not complete, Davey Morris shall not enclose or cover any Work
which the Contract Documents or the public authority requires be inspected or tested. Davey Morris
shall give Owner 48-hour notice before covering any portion of the Work which Owner or Owner's
_ Representative has asked to Inspect or test before covering.
B. Davey Morris shall uncover, at no expense to Owner and with no adjustment in the Contract Time,
any Work: (1) Which was covered before a required Inspection or test was complete, (2) Which was
covered in spite of a request from Owner or Owner's Representative to leave the Work uncovered, or (3)
Which was covered before meeting specific Requirements in the Contract Documents,
C. Even if not required by the Contract Documents and not required by public authority, Davey Morris
shall uncover and expose any portion of the Work when so directed in a Change Order. If the Work
uncovered complies with the Contract Documents, cost of uncovering and recovering the Work shall be
paid by Owner. If the Work uncovered shows that Davey Morris or a Subcontractor to Davey Morris did
not comply with the Contract Documents, uncovering, correction, and recovering shall be at the expense
of Davey Morris with no adjustment in the Contract Time.
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• LXI. Extension of the Time for Completion
A. Owner shall execute a Change Order for Excusable Delay by extending the Contract Time for the
period of the delay. Any of the following shall constitute excusable delay for which the Contract Time
shall be extended: (1) Strike, boycott, embargo, terrorism, armed rebellion, quarantine or other
obstructive action by employees, labor organizations, discovery of archaeological or paleontological
artifacts, act or neglect of a public utility, or order of government authority, and (2) Fire, flood,
earthquake, tornado, tidal wave, lightning, casualty loss, epidemic, or unusually adverse weather.
B. Any Claim for delay due to unusually. adverse weather shall be supported by documentation that
weather at the Job Site: (1) Could not have been anticipated, and (2) Had an adverse effect on the
construction schedule. Substantiation must include: (1) Supporting evidence from the US National
Climatic Data Center or Similar authority for at least the previous 10 years, and (2) The Project
schedule showing specific Work events which were delayed.
C. For delay in delivery of materials or equipment or for a shortage of labor that results from
unforeseeable circumstances beyond the control and without fault or negligence of Davey Morris, or any
Subcontractor or Material Supplier of Davey Morris, Owner will grant an extension of the Contract
Time if. (1) Davey Morris notifies Owner or Owner's Representative promptly on discovery of the
anticipated shortage, (2) Davey Morns substantiates the delay as unavoidable with a detailed chronology
of events and all relevant correspondence, and (3) Davey Morris provides a firm date when the material,
equipment or labor will be available.
D. Extensions of the Contract Time due to delay shall be granted on the basis of 1.3 calendar days for
every day Davey Morris would have worked but was unable to Work due to Excusable Delay.
• Extensions shall be rounded up to the nearest whole calendar day.
E. Any Change Order granted for Excusable Delay shall have no effect on a Claim by Davey Morris for
damage from the same delay for interruption, hindrance, or disruption.
F. Any wrongful refusal by Owner to grant an extension of the Contract Time shall entitle Davey
Morris to recover the additional costs due to acceleration so long as Davey Morris: (1) Actually did
accelerate the Work, and (2) Gave notice to Owner of intent to Claim costs for acceleration. Valid
acceleration costs may include: (1) Overtime and premium time Work, (2) Expedited delivery of
materials and services, (3) Reduced productivity resulting from longer shifts and the stacking of trades,
(4) Disruption and inefficiency due to the change in schedule, and (5) Any necessary additional
Supervision and management resources.
G. An extension of the Contract Time shall be the exclusive relief granted for Excusable Delay or any
shortage of labor, material, or equipment. No additional compensation shall be paid to Davey Morris on
account of such delay.
LXII. Contractor Claims for Delay
A. The Contract Price shall be adjusted for any increase in the cost of performance of this contract
caused by suspension, delay or interruption of the Work due to: (1) An error or omission in the Contract
Documents, (2) A decision of Owner to change the Scope of the Work, unless the decision is the result
of an error or omission by Davey Morris, (3) A decision of Owner to suspend the Work, unless the
decision is the result of an error or omission by Davey Morris, (4) A failure by Owner or Owners
Representative to comply with the construction schedule, (5) Any act or neglect of Owner or agent of
Owner or any Separate Contractor, (6) Failure of Owner to yield control of the Job Site to Davey
Morris, or (7) Failure of Owner to make payments when due under the terms of this agreement.
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B. No change in the Contract Time for completion or the Contract Price shall become part of the •
Contract Documents without a Change Order.
C. Compensation for suspension, delay or interruption shall be calculated from the Contract Time for
completion or the Completion Date, if any, and not from early completion planned or scheduled by
Davey Morris.
LXHL Right to Stop Work for Non -Payment
A. After giving reasonable notice, Davey Morris shall have the right to suspend the Work under this
contract if any payment not in dispute for Work completed, including payment for Extra Work, is not
received by Davey Morris as provided in this agreement. Once the Work is suspended, Davey Morris
may keep the 6901 NW 81 Court idle until all payments due have been received by Davey Morris,
B. Neither Davey Morris, nor Surety of Davey Morris, nor any Subcontractor of Davey Morris shall be
liable for delay or damage that Owner may suffer as a result of suspension of the Work for failure to
receive payments due under this agreement so long as: (1) Work was suspended by Davey Morris in
compliance with the terms of this contract and with applicable Law, and (2) There is no good faith
dispute that payment is due Davey Morris at the time of suspension. A good faith dispute exists if
Owner provides: (1) A list of specific reasons for nonpayment, including labor, materials, or equipment
not in compliance with the Contract Documents, and (2) Davey Morris is afforded a reasonable
opportunity to correct the Defects cited or issue a credit compensating Owner for Defects that cannot be
cured promptly.
C. Suspension of the Work for failure of Owner to make payments when due under the terms of this
contract shall be construed as compensable delay for which the Contract Price and Contract Time shall
be adjusted as provided in this agreement, so long as: (1) Work was suspended by Davey Morris in
compliance with the terms of this contract and with applicable Law, and (2) There is no good faith •
dispute that payment is due Davey Morris at the time of suspension. A good faith dispute exists if
Owner provides: (1) A list of specific reasons for nonpayment, including labor, materials, or equipment
not in compliance with the Contract Documents, and (2) Davey Morris is afforded a reasonable
opportunity to correct the Defects cited or issue a credit compensating Owner for Defects that cannot be
cured promptly.
LXIV. Termination of Contract by Contractor
A. If Work is suspended for a period totaling 60 calendar days or more in aggregate for any reason (1)
not related to weather, and (2) beyond control of Davey Morris or those responsible to Davey Morris,
then Davey Morris may, upon 5 calendar days written notice, terminate all obligations under this
agreement and collect compensation as provided for in this contract for termination by Davey Morris.
B. Should Owner or any affiliate of Owner: (1) Become insolvent, file a petition in bankruptcy, or
perform an assignment for the benefit of creditors, (2) Fail to make any payment not in dispute to Davey
Morris within 30 calendar days of the date due, or (3) Be in substantial breach of any financial
commitment undertaken in this contract, then Davey Morris may request from Owner documentation
confirming the ability of Owner to 'pay in full for completion of the 6901 NW 81 Court. If, within 15
calendar days of this request for documentation, Owner has not provided clear and convincing evidence
of the ability to meet financial obligations of this contract, Davey Moms may terminate this agreement
and collect compensation as may be provided in this contract or, if not so provided, as allowed by Law.
C. Davey Morris shall have the right to terminate this contract for: (1) Repeated failure by Owner to
make payments, when due, of sums not in dispute, (2) Failure of Owner to cure a material breach of a
covenant or obligation of this contract within 10 calendar days after delivery of a written demand from •
Page 32
• Davey Morris, or (3) Persistent failure of Owner to meet contract obligations essential for progress of
the Work.
D. On termination of this contract by Davey Morris, Owner shall pay Davey Morris for all Work
properly executed and not yet paid for, plus any losses on materials or equipment, plus reasonable
overhead and profit, but excluding unabsorbed (home office) overhead.
E. After termination of this agreement by Davey Morris, all payments due Davey Morris shall be made
within 30 calendar days after Davey Morris removes from the Job Site all equipment and material
owned by Davey Morris.
F. No payment shall be made to Davey Morris after termination of this contract by Davey Morris until
Davey Morris has secured and protected the Job Site, including: (1) Relocation of materials and
equipment to prevent loss, damage, and obstruction of passage ways, (2) Placement of temporary
enclosures or structures. for improved security and weather protection, and (3) Provision for suitable
drainage to avoid water damage.
LXV. Termination by Owner for Cause
A. Owner shall have the right to terminate this contract for cause if Davey Morris: (1) Fails to make
steady progress toward timely completion for any cause other than as permitted by these Contract
Documents, (2) Fails to pay amounts due to Subcontractors, Material Suppliers, or employees promptly
after receiving payment from Owner, or (3) Requires continual corrections to enforce compliance with
the Contract Documents and the building code.
B. Except as prohibited or restricted by Law or order of court, Owner shall have the right to terminate
• this contract for cause should Davey Morris be adjudged bankrupt, make a general assignment for the
benefit of creditors, or have a receiver appointed on account of insolvency.
C. In the absence of a material breach, this contract shall not be terminated for cause unless Davey
Morris and any Surety of Davey Morris has first received a written notice from Owner: (1) Alleging that
cause exists to terminate the contract, (2) Stating that Owner intends to terminate the contract if
corrective measures are not taken within 5 calendar days, and (3) Listing every alleged fault giving
Owner the right to terminate the contract for cause.
D. Owner may terminate this contract by written notice of default 5 calendar days after receipt of the
intent to terminate, if Davey Morris has either: (1) Failed to initiate and diligently prosecute corrective
measures for the causes listed in the intent to terminate, or (2) Failed to provide adequate written
assurance that Work will be completed on a reasonable schedule, for the Contract Price, and in
compliance with the Contract Documents.
E. After termination of this contract for cause, and in the absence of any notice by a Surety to begin
performance of the contract, Owner may: (1) Take control of the Job Site and everything on the Job
Site, including materials and equipment owned by Davey Morris,. and (2) Complete the Work by
contract or otherwise.
F. On request by Owner after contract termination for cause, and in the absence of any notice by a
Surety to begin performance of the contract, Davey Morris shall promptly remove from the Job Site all
materials, supplies, equipment, and tools owned by Davey Morris. Owner may remove and store any
property of Davey Morris remaining on the Job Site 7 calendar days after requesting removal. Any
property of Davey Morris remaining in storage after 90 calendar days can be sold by Owner, for the
benefit of Davey Morris after any Claim by Owner has been satisfied.
G. The amount due Davey Morris after termination of the contract for cause by Owner shall be the
Page 33
1
Junpaid balance due on the contract: (1) Less the cost of completing the Work, (2) Less the additional •
expenses incurred by Owner as a result of their termination, (3) Less any liquidated damages provided
under the Contract Documents, and (4) Plus the fair value of all materials, supplies and equipment
owned by Davey Morris and used to complete the Work. Owner shall provide Davey Morris with a
detailed accounting of the amount due Davey Morris as a result of termination for cause.
H. After termination of this contract for cause by Owner, Davey Morris shall not be liable for any cost
of completion beyond the Contract Price if termination of the contract for cause was beyond the control
and without the fault or negligence of Davey Morris.
1. If any termination for cause, made in good faith by Owner, is determined to have been wrongly
given, the termination shall be effective as though made at the convenience of Owner, and
compensation will be paid as though termination had been at the convenience of Owner.
J. Davey Morris shall notify Owner promptly of any proceeding in bankruptcy that affects Davey
Morris.
LXVI. Early Partial Occupancy
A. Without prior approval of Davey Morris, Owner shall not occupy or use any portion of the Work
until Substantial Completion of the 6901 NW 81 Court. If Owner occupies or uses any portion of the
Work before Substantial Completion of the 6901 NW 81 Court and without prior approval of Davey
Morris, the portion or portions used or occupied shall be considered complete, finished, accepted and
the responsibility of Owner.
B. The guarantee period for the portion of the 6901 NW 81 Court occupied before Substantial
Completion begins from the date of early occupancy.
C. Partial Use or occupancy of the Work by Owner prior to Substantial Completion shall relieve Davey •
Morris of responsibility for loss of or damage to the portion of the Work occupied or used by Owner.
D. Occupancy by Owner prior to Substantial Completion: (1) Does not relieve Davey Morris of the
obligation to complete the Work in compliance with the Contract Documents, and (2) Does not
constitute waiver of any Claims Owner or Davey Morris may have under this agreement.
LXVII. Substantial Completion
A. When, in the opinion of Davey Morris, the Work is Substantially Complete, Davey Morris shall
request acknowledgment of Substantial Completion by Owner or Owner's Representative. If Owner or
Owner's Representative knows of nothing that prevents the Work from being Substantially Complete,
Owner or Owner's Representative shall conduct an Inspection of the Work to evaluate compliance with
the Contract Documents.
B. The 6901 NW 81 Court shall not be considered Substantially Complete until: (1) All utilities and
services are connected and operating, (2) All installed equipment has been tested and found to be in
working condition, (3) Davey Morris has completed performance tests required by the Contract
Documents, (4) Reports, maintenance manuals, warranties, keys, control devices, and Drawings
required by the Contract Documents have been delivered to Owner, (5) Debris, waste, and excess
materials have been removed from the site, and (6) Final inspection has been passed and occupancy has
been approved by the public authority.
C. Occupancy and exclusive use of all or any portion of the Work by Owner shall constitute
acknowledgment of Substantial Completion by Owner and shall: (1) Transfer to Owner responsibility
for maintenance, safety, utility expense, and controlling access at the Job Site, and (2) Begin running of
Page 34 •
any warranty or call-back period on the 6901 NW 81 Court.
D. If, after Inspection, the 6901 NW 81 Court does not qualify as Substantially Complete, Owner or
Owner's Representative shall provide Davey Morris with a written list of the Work found to be: (1)
Incomplete, (2) Out of compliance with the Contract Documents, or (3) Defective in operation or
workmanship. Davey Morris shall complete or correct all Work listed prior to requesting a subsequent
Inspection for Substantial Completion.
E. Before Owner takes possession or occupancy of the 6901 NW 81 Court, Davey Morris shall receive
a comprehensive Punch List of discrepancies to be corrected or Work to be finished by Davey Morris
and a date for completing this Work. Davey Morris shall complete and correct items on the Punch List
by the designated date.
F. The Punch List given to Davey Morris is a complete and final list of Defective or incomplete Work
on the 6901 NW 81 Court. Owner shall be deemed to have accepted Work not on the Punch List.
Nothing in this paragraph shall be interpreted as relieving Davey Morris of the obligation to meet
warranty and call-back obligations.
G. Davey Morris shall annotate the Punch List with: (1) A detailed breakdown of the Work required to
complete or correct each item, (2) The Subcontractor or trade responsible for the Work, and (3) The
dates Work will commence and be finished on each item. No annotation is required for any item on the
Punch List which is beyond the control of Davey Morris. Failure of Davey Morris to furnish a detailed
completion schedule for items on the Punch List shall constitute grounds for withdrawing
acknowledgment of Substantial Completion.
H. Owner's Representative will prepare a certificate of Substantial Completion for signature by Owner
• and Davey Morris when the 6901 NW 81 Court or a specific portion of the 6901 NW 81 Court is ready
for occupancy. Except as otherwise provided in the Contract Documents, signing of the certificate. of
completion shall: (1) Transfer to Owner responsibility for maintenance, safety, utility expense,
controlling access at the site, and (2) Begin running of any warranty or call-back period on the 6901 NW
81 Court.
I. After Substantial Completion, Davey Morris shall remain responsible for: (1) Damage caused by
Davey Morris while completing the Work, and (2) Safety of crews when completing the Work.
J. The warranty period for equipment and systems included on the Punch List shall not begin to run
until the equipment and systems are fully operational and acknowledged as Substantially Complete by
Owner.
K. Except as otherwise provided in this contract, the obligation of Davey Morris to maintain public
liability, property damage and builder's risk insurance on the 6901 NW 81 Court shall terminate at
Substantial Completion.
L. After Substantial Completion, Davey Morris shall enter the Job Site only for the purpose of
completing or correcting items on the Punch List or for the purpose of doing call-back or warranty Work
when requested by Owner.
M. Upon Substantial Completion of the 6901 NW 81 Court, Davey Morris shall promptly remove from
the Job Site all barricades, construction tools, equipment and supplies, and all temporary structures used
during construction.
N. Upon Substantial Completion of the 6901 NW 81 Court, Davey Morris shall promptly notify
Subcontractors, insurance carriers and Sureties that construction is complete and file a notice of
completion with the public authority.
Page 35
O. Equipment and systems which service any portion of the 6901 NW 81 Court acknowledged as •
Substantially Complete shall be considered fully operational and Substantially Complete, even if the
same equipment or systems serve portions of the 6901 NW 81 Court not acknowledged as Substantially
Complete.
LXVIIL Delivery of Notices
A. Any written notice required by this contract can be: (1) Delivered by hand to the last known address
of the addressee, or (2) Delivered by hand to the addressee or representative of the addressee, wherever
found. Notice is effective upon delivery.
B. Any written notice required by this contract can be: (1) Delivered by enclosing in a stamped
envelope addressed to the last known address of the intended recipient and either deposited in a United
States Postal Service mailbox or given to a USPS employee, or (2) Consigned to a commercial courier
service and addressed to the last known address of the intended recipient. Notice is effective upon
delivery if proof of delivery is provided. Where no proof of delivery is available, notice is effective 5
calendar days after mailing or consignment to a courier service.
C. Any written notice required by this contract can be delivered by facsimile (fax) to the fax number
listed in this contract. Notice sent by fax shall be effective on the date at which a machine -generated
confirmation states the fax was received.
D. Any written notice required by this contract can be delivered by e-mail to the address listed in this
contract with a read receipt requested. Notice sent by e-mail shall be effective on delivery of the read
receipt.
E. The address to which notices shall be sent may be changed by sending a written notice using any
means of delivery provided by this contract. •
Chapter 558 Notice of Claim
CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT REQUIREMENTS YOU MUST
FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED
CONSTRUCTION DEFECT. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU
MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WR117EN NOTICE,
REFERRING TO CHAPTER 558, OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE
DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED
CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY
FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT
ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES
UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR
INTERESTS.
FLORIDA HOMEOWNER'S CONSTRUCTION RECOVERY FUND
PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION
RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT,
WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A
LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND
FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING
BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
DIVISION OF PROFESSIONS
CONSTRUCTION INDUSTRY LICENSING BOARD
Page 36 •
I• 1940 NORTH MONROE STREET
TALLAHASSEE, FL 32399
PHONE: 850.487.1395
EMAIL: CALL.CENTER@DBPR.STATE.FL.US
•
BUYER'S RIGHT TO CANCEL
This is a home solicitation sale, and if you do not want the goods or services, you may cancel this
agreement by providing written notice to the seller in person, by telegram, or by mail. This notice must
indicate that you do not want the goods or services and must be delivered or postmarked before
midnight of the third business day after you sign this agreement. If you cancel this agreement, the seller
may not keep all or part of any cash down payment.
Notice Required by Florida Statutes Section 558.005
ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE
PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.
Page 37
Signatures •
The signatures that follow constitute confirmation by those signing that they have examined and
understand the Contract Documents and agree to be bound by the terms of these documents.
Davey Morris may not begin Work before receiving from Owner a written notice to proceed. Any Work
performed by Davey Morris before receipt of the notice to proceed shall be done at the risk of Davey
Morris and without obligation of Owner.
By signing this agreement, Davey Morris confirms Inspection of the Job Site and signifies familiarity
with all local conditions, Laws, and regulations under which the Work is to be performed.
This agreement is entered into as of the date written below.
City Of Tamarac, Owner
//-a/- gall
(Signature) (Date)
If zf
(Printed Name)
(Signature) (Date)
i
(Printed Name)
Sunny South Construction Company Inc., Contractor •
(Signature) (Date)
(Printed Name and Title)
Page 38 0