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HomeMy WebLinkAbout308 Rachelle Ave (2)CC3�� Address: Mortgage Lender: Address: Architect/Engineer: Phone: Address: Fax: Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet standards of all laws regulating construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS, and AIR CONDITIONERS, etc. OWNER'S AFFIDAVIT: I certify that all of the foregoing information is accurate and that all work will be done in compliance with all applicable. )mvp rop,acing ,ulconstruction and zoning. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT 1.1� YOM,, PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDISI:t OR AN' ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in rhe pobl is records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. Acceptance of permit is verification that 1 will notify the owner of the property of the requirements Florid ienL w F ` /3 ?_Z, Signature of Owner/Agent Date Signature of Contractor/A ent Date Print Owner/Agent's Name Print Con or/Agent's me �- Signature of Notary -State of Florida Date Signai6re of otary-State of Florida Date Owner/Agent is— Personally Known to Me or _ Produced ID APPLICATION APPROVED BY: Bldg: (Initial & Date) Special Conditions: Zoning: TRACY L. RIVERA NOTARY PUBUO - STATE OF FLORIDA QNIMISSION # DD446184 Contractor/Agent is Personally Known to SIRES 6/29/2109 _ Produced ID r BONDED THRU t-89a-NOTARYi (Initial & Date) Utilities: FD: (Initial & Date) (Initial & Date) CITY OF SANFORD PERMIT APPLICATION - 7 C� ] Permit #:_0 / U 1 t / Date: �l 0-O % Job Address: 309 RRCAQ11a AVE SAN-oi r,(R 3a -n► R qg� �� + 51G Ski-SaG S�s�-63� Description of Work: 992 d" hnu 126 Q 5 Q / , f. eyi U4 L kW Historic District: Zoning: Value of Work: $ 9 S&7 Permit Type: Building Electrical Mechanical 111�_ Plumbing Fire Sprinkler/Alarm Pool Electrical: New Service - # of AMPS Addition/Alteration Change of Service . Temporary Pole Mechanical: Residential `Vy Non -Residential Replacement 1_1 New (Duct Layout & Energy Calc. Required) Plumbing/ New Commercial: # of Fixtures # of Water & Sewer Lines # of Gas Lines Plumbing/New Residential: # of Water Closets Plumbing Repair - Residential or Commercial Occupancy Type: Residential A--- Commercial Industrial Total Square Footage: Construction Type: of Stories: # of Dwelling Units: Flood Zone: (FEMA form required ro e• other than X) Parcel #:(Attach Proof of Ownership & Legal Description) Owners Name & Address JCJ bDM tYt t OYl 9•�• mil �V-NP''nd, VA a'3 a 19 Phone: � 1- 3a3 -a3- a&a; Contractor Name & Address: l_LP OII� sl Ar r t1 // 2 CJ1 t i 16 110bi M I Vn C-. 9, a-,vL State License Number: ()vi��yt6;.40 Phone & Fax: O r) -9 SD v -%7% _ i7IL7one: O%- Eyc Bonding Company: Address: Mortgage Lender: Address: Architect/Engineer: Phone: Address: Fax: Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet standards of all laws regulating construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS, and AIR CONDITIONERS, etc. OWNER'S AFFIDAVIT: I certify that all of the foregoing information is accurate and that all work will be done in compliance with all applicable. )mvp rop,acing ,ulconstruction and zoning. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT 1.1� YOM,, PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDISI:t OR AN' ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in rhe pobl is records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. Acceptance of permit is verification that 1 will notify the owner of the property of the requirements Florid ienL w F ` /3 ?_Z, Signature of Owner/Agent Date Signature of Contractor/A ent Date Print Owner/Agent's Name Print Con or/Agent's me �- Signature of Notary -State of Florida Date Signai6re of otary-State of Florida Date Owner/Agent is— Personally Known to Me or _ Produced ID APPLICATION APPROVED BY: Bldg: (Initial & Date) Special Conditions: Zoning: TRACY L. RIVERA NOTARY PUBUO - STATE OF FLORIDA QNIMISSION # DD446184 Contractor/Agent is Personally Known to SIRES 6/29/2109 _ Produced ID r BONDED THRU t-89a-NOTARYi (Initial & Date) Utilities: FD: (Initial & Date) (Initial & Date) POWER OF ATTORNEY Date: /- 17-407. I hereby name and appoint Of In fact to act for me and apply to the`� I Building Department for a elx!�IGfo For work to be performed at a location described as: Section Township Range Subdivisi Lot to be my lawful attorney Block (Owner of Property and Address) and to sign my name and do all things necessary to this appointment. Tyne or Print Name o f RRegister or CArtified Contractor and Contractor's License Number Signature o Register or Ceftiriea uontractor The foregoing instrument was acknowledged before me this day of of 2007 By Who is personally known to me/whoZxvd cti e " As identification and who did not take oath. �pappppGpABpppe®pppep®ep��pppppppppp®� State of Florida m Apr n� A ao `6 ARIE KONFORTE ConwW DD02T7715 m :. � EWk-es 1f7/2008 County of �r/7',y� ' � I f t7,0 �� e ��` a p�'oe FU Bonded tutu (800) 432'4254 Florida Notary Assn., Inc. a - 7ppgppppppppppppppppppppppppppppppppp� Seal ry Public, Orange Co ty, Florida 416 4M Permit Number: Parcel Identification Number Prepared By: CReturn To: tY1N(-, V -1 �:�\�0-s IIX NOTICE OF COMMENCEMENT State of County of Florida Seminole I Ii11 ifs (It 1P itI if �i Its fi ISI !i �E II ! 1� I� �1 ! IBlI MARYANNE NURSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 06558 Fgs 109E - 1093; (2p9s) CLERK' S # 2007006990 RECORDED 01/17/2007 03:58:13 PN RECORDING FEES 18.50 RECORDED BY t hoiden The undersigned hereby gives notice that improvement(s) will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in the Notice of Commencement. 1. Description of property (legal description of the property, and street address if available) See Attached 2335 W. Seminole Blvd., Sanford, FL 32771 2. General description of improvement(s) HVAC Replacement (ROI 410905) 6-20483 3. Owner Information Name: United Dominion Realty Trust, Inc. Telephone Number: Address: 400 E. Cary Street Fax Number: Richmond, VA 23219 Interest In Property: 4. Fee Simple Title Holder (if other than the owner shown above) Name: Telephone Number: Address: Fax Number: 5. Contractor Name: U.S. Heating & Air Conditioning Telephone Number: Address: 624 Douglas Ave., Suite 1402 Fax Number: Altamonte Springs, FL 32714 6. Surety (if any) Name: Telephone Number: Address: Fax Number: Amount of bond? 7. Lender (if any) Name: Telephone Number: Address: Fax Number: 804-780-2691 804-788-0635 fee simple 407-774-9850 407-774-4419 CERTIFIER Copy MARY E MORSE OF IR UlT COURT MI U -1 Y. FLORIDA JAN 1 7 MOT; 8. Persons with the State of Florida designated by Owner upon whom notices or other documents may be served as provided by §713.13(l)(b), Florida Statutes. Name: Tom Pritzkau Telephone Number: 972-774-0552 Address: 5430 LBJ Freeway, Suite 1250 Fax Number: 972-991-9868 Dallas, TX 72540 9. In addition to himself or herself, Owner designates the following to receive a copy of the Lienor's Notice as provided in §713.13(l)(b), Florida Statutes. Name: Telephone Number: Address: Fax Number: J 10. Expiration date of Notice of Commeneemen (the exra�£ionjc�ate° ids one year from the date of recording unless a dif erent date is specified): Date Signed Si ure df Owner ote: per §713.13(1)(g), "owner" must sign ... and no one else may be permitted to sign in his or her stead." Swo to and subscribed jZefore me thisday of Peccr^r$rby -62 M• k AYPj�tl IRENE FUENTES who is personally known to me OR produced sot. •er;% Pttblic, State of Texas as identification. /;% • efr� My Commission Expires 11i1D�-,c_ ..tr�rct* Pabruary 17, 2010 gnature of Notary (notarial seal File #94-0968 Exhibit "A" A parcel of tand located w11.1iin the Southwust 1/4 of Section 23, Township 19 South, Range 30 East., Seminole County, 9'lorida, described as follows: Begin at a point 36.0 feet West and 1:.0 root North of the South 1/4 corner of said Section 23; said polat being an intersection of l.he Nortli right-of-way line of Narcissus Road and the Went right-of-way tine of Terwilliger Lane; thence West along the North right-of-way line of Narcissus Road and parallel to the South 11rne of said 5ect.lon 21, a distance of 111.40 feet; thence leaving aald North rlght.-uf-way line or Narcissus Road, run North 210.00 feet; thence West 144.0 feet to the East Iine of Loe 17 or 'Florida Land and Colonizatlon Company's Celery Plalitul,lon" an recordail in Mat Book 1, Pngo 129, Public Records or Seminole County, Florida; thence North 450.00 feet to the Northeast corner of said Lot 17; thence West along the North line of said Lot 11, a diatanco of 174.40 foot; thence leaving Bald North line of Lot 17, run Nott.h 1028.22 feet to the Southwest ilght-of--way line or U.S. HSChway 17-92; thence South 39 deg. 41'08" East, along said Southwest right -or -way line or U.S. IltEhway .17-42, a distance of 799.34 foal to an lntercacctlon with the Went right--or-wily line of Terwllllgur Lane; thence SoUIIt 1073.85 feet to the Polrtt of Beglnning, less the Fant 30 feaL thereof. Togathar with and subject to a non-excluslve easement for retention and detentlun and drainage and private or public utilities a.4 described in Dead of Easement. recorded In nrficial Recarda Hook 1630, Page 1268, of the public records of Seminole County, Florida. 'Alsoitogether with and subject to nn cascmuat used for the construction, operation and lnaintennnce. of one or more underground wator and sower 11nea an doscribod In eanement for ivater and sewer ilrtes recorded In Officlal Recorda Book .2012, Puge 1835, Public Records of Seminole County,- Florida. r. AIA Document A1 05"' — 1993 Standard Form of Agreement Between Owner and Contractor for a Small Project where the Basis of Payment is a STIPULATED SUM This AGREEMENT is made: December 20, 2006 (Date) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its completion. The author may also United Dominion Realty Trust, Inc. have revised the text of the original 400 East Cary Street AIA standard form. An Additions and Richmond, VA 23219 Deletions Report that notes added 804-780-2691 information as well as revisions to 804-788-0635 Fax the standard form text is available from the author and should be and the Contractor reviewed. A vertical line in the left margin of this document indicates U.S. Heating & Air Conditioning where the author has added 624 Douglas Ave. Ste. 1402 necessary information and where Altamonte Springs, FL 32714 the author has added to or deleted 407-774-9850 from the original AIA text. 407-774-4419 Fax This document has important legal consequences. Consultation with an for the following Project: attorney is encouraged with respect to its completion or modification. 6-20483 HVAC Replacement (ROI 410905) Regatta Shores 2335 W. Seminole Blvd. Sanford, FL 32771 The Architect is: Tom Pritzkau 5430 LBJ Freeway, Suite 1250 Dallas, TX 75240 972-774-0552 972-991-9868 Fax 214-662-1088 Mobile The Owner and Contractor agree as follows. Wherever the term "Architect" appears, it shall be deemed to read "Project Manager". AIA Document A105Tm —1993. Copyright © 1993 by The American Institute of Architects. All rights reserved. ni -•e w., ex .. i , _ src z... This document was produced by AIA software at 18:17:46 on 12/20/2006 under Order No.1000268297_2 which expires on 11/18/2007, and is not for resale. User Notes: (3439429346) ARTICLE 1 THE CONTRACT DOCUMENTS The Contractor shall complete the Work described in the Contract Documents for the project. The Contract Documents consist of: .1 this Agreement signed by the Owner and Contractor; .2 AIA Document A205, General Conditions of the Contract for Construction of a Small Project, current edition; .3 the Drawings and Specifications enumerated as follows: Drawings: Number Title Date Specifications: Section Title Pages (Paragraphs & rows deleted) .5 written change orders or orders for minor changes in the Work issued after execution of this Agreement; and .6 other documents, if any, identified as follows: Document Title Dated Exhibit `A' Scope of Work 12/20/06 Exhibit `A-1' AHU Checklist 12/20/06 Exhibit `A-2' Schedule 12/20/06 Exhibit `B' Schedule of Values 12/20/06 Exhibit `C' Asbestos Containing Materials 3/25/04 Exhibit `D' Asbestos Free Materials Certification 3/25/04 Exhibit `E' Minimum Requirements for Certificate of Insurance 4/30/04 ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE The date of commencement shall be the date of this Agreement unless otherwise indicated below. The Contractor shall substantially complete the Work not later than March 30, 2007 , subject to adjustment by Change Order. (Insert the date or number of calendar days after the date of commencement.) December 20, 2006 Contractor shall NOT commence work until such time as Contractor has furnished Owner with evidence of insurance per Exhibit 'E', a W-9, and copies of Contractor and Business Licenses issued by appropriate jurisdiction. ARTICLE 3 CONTRACT SUM § 3.1 Subject to additions and deductions by Change Order, the Contract Sum is: One Hundred Ninety Thousand Nine Hundred Sixty Dollars and Zero Cents ($ 190,960.00 ) § 3.2 For purposes of payment, the Contract Sum includes the following values related to portions of the Work: Portion of Work Value ($ 0.00) Refer toExhibit 'A' and 'B' § 3.3 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. ARTICLE 4 PAYMENT § 4.1 Based on Contractor's Applications for Payment certified by the Architect, the Owner shall pay the Contractor as follows: AIA Document A105TM —1993. Copyright © 1993 by The American Institute of Architects. All rights reserved. i u o ors _.n.: :r 2 3-d t, pi -se, ... e ,, e. This document was produced by AIA software at 16:17:46 on 12/20/2006 under Order No.1000268297_2 which expires on 11/1 B/2007, and is not for resale. User Notes: 6 (3439429346) (Paragraph deleted) Progress payments shall be made within twenty (20) days of receipt of approved application for payment and receipt of Release of Lien from previous payment if required. Progress payments shall only be made for work in place. § 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate of Two percent ( 2.00% ) per annum , or in the absence thereof, at the legal rate prevailing at the place of the Project. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision.) ARTICLE 5 INSURANCE § 5.1 The Contractor shall provide Contractor's Liability and other Insurance as follows: (Insert specific insurance required by the Owner.) Type of insurance Limit of liability ($ 0.00) Refer to Exhibit 'E' (Paragraphs & rows deleted) § 5.3 The Contractor shall obtain an endorsement to its general liability insurance policy to cover the Contractor's obligations under Section 3.12 of AIA Document A205, General Conditions of the Contract for Construction of Small Projects. (Paragraph deleted) ARTICLE 6 OTHER TERMS AND CONDITIONS (Insert any other terms or conditions below.) This Agreement entered into as of the day and year first written above. (If required by law, insertzancellation period, disclosures or other warning statements above the signatures.) I l ,j OWNER (S(gnature) Tom Pritzkau, Vice President (Printed name and title) CON TOR (Signature) (Printed name and title) LICENSE NO.: JURISDICTION: AIA Document A105TM 1993 Copyright © 1993 by The American Institute of Architects All rights reserved 3 J J This document was produced by AIA software at 18.17.46 on 12/20/2006 under Order No.1000268297_2 which expires on 11/18/2007, and is not for resale. (3439429346) User Notes: EXHIBIT `A' REGATTA SHORES APARTMENTS HVAC PROGRAM REPLACEMENT SCOPE OF WORK DECEMBER 20, 2006 The Contractor is responsible for the following: 1. Supply all labor, tools, equipment, materials, and permits necessary to perform the work under this agreement, including but not necessarily limited to the following: A. HVAC Replacement Program — Basic Services: • Disconnect and remove condensing units or heat pumps designated for replacement. • Equipment and associate materials to be replaced will be removed and properly disposed of off-site by contractor at contractor's expense. • Equipment manufactured on or after April, 2002 shall not be replaced unless so ordered by the Owner, rather, placed back into service after completing the steps outlined below. • Perform an ultra violet or ultra sound leak check on all systems at no greater than normal operating pressures. If leaks are found, perform minor repairs as may be possible per the established costs and document such repairs. In the event a full line set replacement is thought to be necessary, notify the Owner's Representative and await authorization and coordination. • Refrigerant shall be reclaimed and disposed of in accordance with all regulations. • Contractor shall install condensers provided by Owner, unless otherwise noted below. • Contractor shall remove and replace furnace and coil. Replacement shall include vent pipe, gas connection, duct connection, electrical, and any other miscellaneous pipe, duct, or electrical deemed necessary for furnace replacement. • Contractor shall remove existing furnace and install Owner supplied furnace, including necessary ductwork and modifications if so directed by Project Manager. • Liquid line dryers (3/8" Bi -Flow liquid line dryer for heat pumps) supplied by Owner will be installed with all condensers. • Remove existing and install new properly sized condenser pads furnished by Owner will be installed with all condensers. All such pads installed by contractor shall be level. • Proper evacuation and refilling of refrigerant line sets will be completed before start up. • Condensate drains will be thoroughly blown -out with nitrogen. • One chloride tablet will be placed in each primary drain pan. • Low voltage wire connections will be fit with wire nuts and covered with a metal electrical box secured to the cabinet. • Secure existing ductwork to housing if necessary. • Furnish and install new 30% type filter elements at each air handler/furnace. • Exterior disconnect and condensers will be marked with the corresponding unit number permanent tags to be fastened with screws. • Permit fees are not included in the cost of this work. Should permits be necessary, the contractor shall obtain same and Owner shall reimburse contractor for such cost. • Owner shall reimburse contractor for the actual cost of a storage trailer, if necessary. • Equipment inspections will be conducted and a report per.Exhibit "A-1" furnished Owner. B. Other Provisions: • Contractor shall coordinate all activities with the Owner's on-site staff, to include the placement of advance notices and access to individual apartment homes. • Contractor shall provide a Fidelity Bond in a form prescribed by the Owner prior to commencement. • All units are to be returned to service prior to contractor completing work on the site on any given day. • The schedule is to be strictly adhered to, subject only to adjustments due to inclement weather conditions. Said schedule shall be submitted to the Project Manager before work begins. • Contractor shall set the thermostats to 72 degrees F. when securing the work area. • WHEN ON THE PROPERTY, ALL PERSONNEL EMPLOYED OR HIRED BY THE CONTRACTOR SHALL AT ALL TIMES WEAR A SHIRT, OR OTHER OUTMOST CLOTHING, BEARING THE NAME OF THE CONTRACTOR OR HIRED PARTY. C. Additional services if so ordered by the Owner, shall be as priced on Exhibit "B": • Replace one disconnect with a new non-fused disconnect. • Repair or replace air handler i furnace "Quick Connects" if necessary. • Install one EZ float trap and float cut-off; and reroute condensate drains at the air handler. • Replace outdoor electrical whip from the existing disconnect to the condenser. • Return ductwork modifications and new access panel for coil / filter. Remove and properly dispose of old ducts. Install sheet metal as necessary to newly exposed housing areas to include a coil access panel, and relocate return opening and filter for ease of access for cleaning / repairs. • Minor line set repairs in the event the leak source is readily identified. • Furnish and install new copper line sets. (Does not include the cost for patching or painting of damaged area.) 2. The warranty for this project is ONE (1) year on labor and FULL manufacturer's warranty on material from the date of substantial completion. 3. INASMUCH AS THIS IS AN OCCUPIED PROPERTY, WORK HOURS SHALL BE FROM 8:30 A.M. TO 5:30 P.M., MONDAY THROUGH FRIDAY, UNLESS OTHERWISE APPROVED IN WRITING BY THE OWNER. CONTRACTOR SHALL EMPLOY EXTRAORDINARY SAFETY MEASURES AS MAY BE NECESSARY, AND SHALL EXTEND ALL COURTESIES TO THE RESIDENTS AND STAFF AT ALL TIMES. 4. Do not incorporate, or cause to be incorporated into the work, any asbestos containing materials (ACM), nor disturb any ACM that may already be present. 5. Contractor warrants he has studied the contract documents and accepts all required conditions. All materials are to be installed in accordance with the manufacturer's instructions relative to the unloading, storage, installation, removal and replacement of all materials, and only according to these specifications in order to ensure the integrity of the system(s). 6. Contractor shall utilize AIA Document G702 Application and Certificate for Payment with AIA Document G703 Continuation Sheet, which shall include an approved schedule of values for all requests for payment. Contractor may use other forms, which provide the same information in a similar format as that required in G702 and G703. 7. Contractor shall furnish Owner with a comprehensive schedule prior to commencing work. 8. Workmanship shall be first class in every respect. 9. In the event of a discrepancy between any of the Contract Documents, Contractor shall adhere to the most stringent requirement. 10. Provide all unit prices as may be requested by Owner. 11. Contractor is responsible for underground utilities to be located and shall indemnify Owner against any and all claims for any damages to said utilities as a result of Contractor's work. ,, 12. The Owner's Construction Project Manager shall be the only party on behalf of the Owner who is authorized in non emergency situations to approve changes in the Scope of Work and/or Contract documents and/or scheduling and/or cost. Emergency situation is defined as life safety issues. 13. Contractor shall be responsible for receiving, storage, and security of all materials supplied by Contractor. 14. Contractor shall designate a job foreman who will be familiar with the entire scope of work, schedule, daily progress, and shall be available to the Owner for field communications. The foreman will keep a daily log of job activities, itemized work, and manning levels. 15. Contractor shall keep the on-site management staff informed of the current schedule and any changes, so Management can provide the apartment community residents with a forty-eight (48) hour notice of impending work. Contractor shall assist in the distribution of written notices to the residents, as may from time to time be prepared by the Owner. 16. Contractor shall familiarize himself with the local weather conditions and forecast as may from time to time change, and shall schedule the work during fair weather conditions, and shall protect the work and the building interiors from inclement weather at all times. Contractor is to keep all buildings weather tight or have suitable materials on hand, ready to immediately cover all exposed roofing areas, if applicable. At the conclusion of daily work, during lunch, breaks, etc., provisions will be made to cover unfinished work, tight against wind and water damage. 17. Contractor shall take the required measures to maintain safety in the work area. Contractor will be required to cordon off a construction zone on a per building basis in order to restrict the presence of pedestrian and vehicular traffic, and will provide clearly marked and protected lanes for residents to access the buildings and individual units. 18. Contractor shall coordinate his efforts with those of others who may from time to time also be working in the area. 19. Contractor is responsible for cleanup on a daily basis, and shall keep the job site neat and orderly during the workday. No work shall be commenced which cannot be substantially completed and properly secured during the established workday. All tools, materials, equipment, and debris shall be removed to the designated Contractors compound prior to the end of the established workday. Scaffolding, if any, may remain in place overnight. 20. Contractor is responsible for the lawful off site disposal of all debris. Contractor shall not use any of the dumpsters provided for the use of the apartment community residents, or those of other Contractors. 21. Contractor shall take all appropriate measures to protect the landscaping, irrigation system, air conditioning equipment, doors, windows, automobiles, and other items located within the general construction area from damage, and shall promptly repair, and/or replace any damaged item at the sole expense of the Contractor. Such repairs and/or replacements shall be performed only by workers skilled in the appropriate trade. 22. Fit closely, plumb, level, square, and secure all work rigidly in place. Do not cut, notch, or bore structural members without specific approval. Fasten in a thorough manner with not less than the size and quantity indicated per drawings or customary with industry standard practices and/or manufacturers specifications. Provide special framing, anchors, connectors, and fasteners not indicated but necessary for proper completion of the work. 23. All work shall be performed in accordance with the applicable codes, laws, ordinances, rules, and regulations of any public authority -exercising jurisdiction over the work. 24. Inasmuch as this is an existing complex with full time residents, all workers shall refrain from playing radios, profanity, and horseplay, and shall dress appropriately for the work, including the wearing of shirts at all times. 25. Contractor shall comply with the inspection process as required by the permitting agency, and shall furnish Owner with the original permit card indicating final acceptance, and a certificate of completion, if appropriate, as issued by said permitting agency. 26. The Owner reserves the right to take assignment of the Contractor's contract agreement(s) either directly or through other entities. The Contractor agrees to include assignment language in the Contractor's contract agreement(s) to meet this requirement. 27. All materials shall be new and as specified, and Contractor shall warranty all material and labor for a period of not less than one (1) year from the date of substantial completion or as may otherwise be specified in this document. Contractor shall also honor any other applicable warranties, whether expressed or implied. 28. All Contractors must comply with the project schedule. Failure to comply shall result in Owner employing necessary efforts to return to the schedule. Additional costs incurred will be deducted from the responsible party. The decision of the Owner shall be final and not subject to arbitration or litigation. 29. No work is to be performed on weekends or holidays without the prior written approval of the Owner. 30. Access to each apartment, if necessary, will be by individual unit key. Master keys will not be issued. 31. Contractor acknowledges and agrees that it has the sole responsibility for compliance with all of the requirements of the Occupational Safety and Health Act of 1971 ("OSHA"), as may be modified from time to time, and agrees to indemnify and hold harmless Owner against any liability or loss which Owner may incur due to Contractor's failure to comply with said laws. If any fines or costs are assessed by.any governmental agency against Owner due to noncompliance of safety codes or regulations by Contractor, such costs will be deducted from any sums due Contractor. Any requirements that are listed in these documents are done so solely as a reminder of normal safety precautions and in no way release Contractor from its obligation to fully comply with all then enforceable OSHA and project specification safety requirements. 32. The Contractor shall be responsible to the Owner for all negligent, and grossly negligent, acts and omissions related to or arising out of the performance of the work, including those committed by its suppliers, Subcontractors and sub -Subcontractors. 33. The Contractor hereby agrees to indemnify the Owner to the fullest extent permitted by law from and against claims, damages, losses, and expenses of every kind arising out of or related to the performance of the work caused in whole or part by the negligent acts or omissions of the Contractor or any of its Subcontractors. 34. In any action to enforce the rights provided by this Agreement between the Owner and the Contractor, the prevailing party shall be entitled to recover all costs of such action, including but not limited to, reasonable attorney and expert witness fees, and court costs. 35. For any controversy or claim arising out of or related to this Agreement or the relationship created thereby, Owner shall have the option to insist such claim be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and having judgment upon the award rendered by the arbitrator or arbitrators entered in any court having jurisdiction thereof. 36. If the Contractor defaults or neglects to carry out the Work in accordance with this Agreement and fails within a three (3) day period after receipt of notice from the Owner to commence and continue correction of the default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies and/or terminate this Agreement. 37. Should termination occur under the provisions of this exhibit, the Owner shall provide written notice of termination to the Contractor. The Owner shall pay the Contractor for all work completed; however, should the cost to complete the Contractor's Work be greater than the unpaid balance, the Contractor shall pay this difference. Under no circumstances shall the Owner be required to pay for Contractor's fee and/or cost attributed to the General Conditions, for work not performed. 38. At the close of the project, in addition to the Substantial Completion forms, the Contractor may be required to submit, the following close out documents prior to the release of final retainage: a. Warranty certificates of systems and/or equipment incorporated into the work (3 sets) b. Asbestos Free Material Certification, signed and notarized (3 sets) c. Equipment Manuals for equipment incorporated into the work (3 sets) d. As -built drawings (3 sets) e. For asbestos containing material, contracts only, one (1) original signature copy of the approved landfill disposal ticket(s) for all asbestos containing material removal from the property f. Certificate of Completion issued by permitting agency(s). These documents are to be sent to the Project Manager along with your lien waivers. 39. This Agreement and any exhibits incorporated herein represent the entire and integrated agreement for the performance of the Work between the Owner and the Contractor. It supercedes prior negotiations or agreements, either written or oral. This Agreement may be amended only by a writing signed by the Owner and the Contractor. -END-