FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Brandon Nichols [O “0004 Date «8/20/2009 File # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. KENNETH MICHAEL TUMLIN, D/B/A GREAT SOUTHERN CONTRACTORS, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSTONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Industry Licensing Board, against KENNETH MICHAEL TUMLIN, D/B/A GREAT SOUTHERN CONTRACTORS, INC., ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Certified Building Contractor in the State of Florida, license number CBC 28108, which is in current and active status. 3. Respondent’s addresses of record which are currently on file with Petitioner are 673 Saranal Drive, Winter Springs, GAOGC\PRW\Cases\TUMLIN\2007-0555 17\Final Version.doc “ye Florida 32789 and 807 South Orlando Avenue Suite R, Winter Park, Florida 32789. 4. At all times material hereto, gespondent was doing business as Great Southern Contractors, Inc., ("GSC"). S. At all times material hereto, Respondent was the primary qualifying agent for GSC. 6. Section .489.1195(1) (a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 7. At all times material hereto, Respondent was the President and Director of GSC. 8. At all times material hereto, the Vice President of GSC was Elaine Tumlin, who is the legal wife of Respondent. 9. At all times material hereto GSC was a construction qualified business in the State of Florida, having been issued license number QB 16226. 10. At all times material hereto, GSC was a Florida for Profit Corporation, having been issued document number P93000073341 and Federal Employer Identification number 593206601. 11. On or about April 4, 2006, Respondent, d/b/a GSC, G:\OGC\PRW\Cases\TUMLIN\2007-055517\Final Version.doc 2 entered an agreement, (“Contract”), with Dr. Paul Williams, (“Complainant”). A true and correct copy of the Contract as executed on April 4, 2006 is attached as Exhibit war, 12. The scope of work under the Contract included the construction of the Seminole Trails Animal Hospital, located in Winter Springs, Florida. 13. As executed on April 4, 2006, the Contract totaled $674.881-00, of which Respondent has accepted $598,020.70 and Complainant has paid $108,934.51 directly to sub-contractors. FACTS RELEVANT TO FRAUDULENT TRANSACTION INVOLVING EAGLE FIRE PROTECTION, INC., CHANGE ORDER 14. On or about December 24, 2006, Respondent submitted to Complainant, change order 13, (*CO 13”), in the amount of $21,879. CO 13 included an alleged change order from sub- contractor Eagle Fire Protection, Inc., in the _ amount of $19,500. The scope of work included “a second layer of fire sprinklers per inspector” 15. Respondent fraudulently fabricated, or in the alternative Respondent ordered or directed employees of GSC to fabricate the Eagle Fire Protection, Inc. change order and to submit the fraudulent CO 13 to Complainant. A true and correct copy of CO 13, including the fabricated Eagle Fire Protection, Inc. change order is attached collectively as Exhibit “B”. 16. Myron Heath, Sr., president and duly authorized G:\OGC\PRW\Cases\TUMLIN\2007-055517\Final Version.doc 3 representative of Eagle Fire Protection, Inc., confirmed that the $19,500 change order, which was included with CO 13 was a fabrication. A true and correct ‘copy of a Sworn Statement made by Myron Heath, Sr. to an investigative officer employed by Petitioner is attached as Exhibit “Cc”. 17. On or about November 30, 2007, Respondent submitted a fraudulent application and certification for payment, (“Pay App. 6"), of $115,203, to Complainant, which included the amount of the fraudulent CO 13. 18. Included with Pay App. 6 was a fraudulent waiver and release of lien signed by Respondent. True and correct copies of the fraudulent Pay App. 6 as well as the fraudulent waiver and release of lien are attached collectively as Exhibit “D” 19. Upon reliance of the fraudulent Eagle Fire protection change order and corresponding CO 13 as well as the fraudulent Pay App. 6 and corresponding waiver and release of lien, Complainant was induced to pay Pay App. 6 in full. COUNT ONE 20. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through nineteen as though fully set forth herein. 21. Based on the foregoing, Respondent violated Section 489.129{1) (1), Florida statutes, by committing fraud and deceit in the practice of contracting. GAOGC\PRW\Cases\TUMLIN\2007-055517\Final Version.doc 4 COUNT TWO 22. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through nineteen as though fully set forth herein. 23. Based on the foregoing, Respondent violated Section 489.129(1) (k), Florida Statutes, by signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for all subcontracted work, labor and materials which results in a financial loss to the owner, purchaser or contractor; or falsely indicating that worker’s compensation and public liability insurance are provided. COUNT THREE 24. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through nineteen as though fully set forth herein. 25. Section 455.227(1) (a), Florida Statutes, prohibits making misleading, deceptive or fraudulent representations in or related to the practice of contracting. 26. Based on the foregoing, Respondent violated Section 489.129(1) (ce), Florida Statutes, by violating Section 455.227(1) (a), Florida Statutes. COUNT FOUR 27. Petitioner re-alleges and incorporates the allegations G:\OGC\PRW\Cases\TUMLIN\2007-05 55 17\Final Version.doc . 5 set forth in paragraphs one through nineteen as though fully set forth herein. 28. Section 455.227(1) (m), Florida Statutes, prohibits making deceptive, untrue or fraudulent representations in or related to the practice of contracting or employing a trick or scheme in or related to the practice of contracting. 29. Based on the foregoing, Respondent violated Section 489.129(1) (c), Florida Statutes, by violating Section 455.227(1) (m), Florida Statutes. COUNT FIVE 30. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through nineteen as though fully set forth herein. 31. Based on the foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. FACTS RELEVANT TO FRAUDULENT TRANSACTION INVOLVING DON KING'S CONCRETE CHANGE ORDER 32... On or about November 3, 2006, Respondent submitted to Complainant, change order 12, ("CO 1”), in the amount of $1,969. 33. CO 12 included a change order allegedly from sub- contractor Don King’s Concrete in the amount of $1,755. A true and correct copy of CO 12 and the Don King’s Concrete change order is attached collectively as Exhibit “E”. G:A\OGC\PRW\Cases\TUMLIN\2007-055517\Final Version.doc 6 34. Respondent fraudulently fabricated or altered, or in the alternative Respondent ordered or directed employees of GSC to fabricate or alter the Don King’s Concrete change order by increasing the price actually quoted from $1,154.60 to $1,755. 35. The true price of the Don King’s Concrete change order as submitted to Respondent was actually $1,154.60. A true and correct copy of a pay application and certification for payment submitted from Don King’s Concrete to Respondent, which reflects the actual amount of the $1,154.60 is attached as Exhibit ae 36. On or about November 30, 2007, Respondent submitted a fraudulent application and certification for payment, (“Pay App. 6”), of $115,203, to Complainant, which included the amount of the fraudulent CO 13. 37. Included with Pay App. 6 was a fraudulent waiver and release of lien signed by Respondent. True and correct copies of the fraudulent Pay App. 6 as well as the fraudulent waiver and release of lien are attached collectively as Exhibit “D” 38. Upon reliance of the fraudulent Don King’s Concrete change order and corresponding CO 12 as well as the fraudulent Pay App. 6 and corresponding waiver and release of lien, Complainant was induced to pay Pay App. 6 in full. COUNT SIX 39, Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through nineteen and thirty-two G:A\OGC\PRW\Cases\TUMLIN\2007-0555 17\Final Version.doc 7 through thirty-eight as though fully set forth herein. 40. Based on the foregoing, Respondent violated Section 489.129(1) (1), Florida Statutes, by committing fraud and deceit in the practice of contracting. COUNT SEVEN 41. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through nineteen and thirty-two through thirty-eight as though fully set forth herein. 42. Based on the foregoing, Respondent violated Section 489.129(1) (k), Florida Statutes, by signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for all subcontracted work, labor and materials which results in a financial loss to the owner, purchaser or contractor; or falsely indicating that worker's compensation and public liability insurance are provided. COUNT EIGHT 43. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through nineteen and thirty-two through thirty-eight as though fully set forth herein. 44. Section 455.227({1) (a), Florida Statutes, prohibits making misleading, deceptive or fraudulent representations in or related to the practice of contracting. 45. Based on the foregoing, Respondent violated Section G:\OGC\PRW\Cases\TUMLIN\2007-055517\Final Version.doc 8 489.129(1) (c), Florida Statutes, by violating Section 455.227(1) (a), Florida Statutes. COUNT NINE 46. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through nineteen and thirty-two through thirty-eight as though fully set forth herein. 47. Section 455.227(1) (m), Florida Statutes, prohibits making deceptive, untrue or fraudulent representations in or related to the practice of contracting or employing a trick or scheme in or related to the practice of contracting. 48. Based on the foregoing, Respondent violated Section 489.129 (1) (c), . Florida Statutes, by violating Section 455.227(1) (m), Florida Statutes. COUNT TEN 49. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through nineteen and thirty-two through thirty-eight as though fully set forth herein. 50. Based on the foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or G:A\OGC\PRW\Cases\TUMLIN\2007-0555 17\Final Version.doc 9 renewal of the certificate of registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000.00 per violation, require continuing education, assess costs associated with the investigation and prosecution, impose any or all penalties delineated | within Section 455.227(2), Florida Statutes, and/or any other relief the Board is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. Signed this Vn day of , 2009. CHARLES W. DRAGO, Secretary Department of Business and Profegpional Regulation By: Paul Richard Waters, Esq. Assistant General Counsel Fl. Bar No. 817651 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street,Ste. 42 Tallahassee, FL 32399-2202 PCP Date: -Z28-ON PCP Members: G:AOGC\PRW\Cases\TUMLIN\2007-055517\Final Version.doc 10 MATA Document A107" - 1997 Abbreviated Standard Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Fourth day of April in the year Two Thousand and Six (In words, indicate day, month and year) - BETWEEN the Owner: (Name, address'and Other information) 4 u : L Seminole Trail Animal Hospital 6 S e \? Telephone Number! 407-366-4486 val ¢ Fax Nuiniber: 407:366-5969. Or 40 4 ee Sty 42 and the Contractor: 7. clu (Name, address and other information) on X Great Southem Contractors’ Inc. 807 S. Orlando Ave. Suite R Winter Park, FL 32789 the Project is: (Name and location) Seminole Trails Animal Hospital Winter Springs the Architect is: ; (Name, address and other information) Shipman Associates 1643 Bomi Circle Winter Park, FL 32792 Telephone Number: 407-678-5099 Fax Number: 407-678-5098 The Owner and Contractor agree as follows. AJA Document A107™ - 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The Amari All rights reserved. WARNING: This AIA® Document is Protected by U.S. Copyright Law and international Treaties. Unauthori: distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecut extent possible under the law. This document was produced by AIA software at 16:40:42 on 04/12/2006 under Ordar No.10001865: 6/30/2006, and is not for resale. User Notes: ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed, A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This Document includes abbreviated General Conditions and should not be used with other general conditions, This document has been approved and endorsed by The Associated General Contractors of America. wees ARTICLE 1. THE WORK OF THIS CONTRACT The Contractor shail fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. : ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 2.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.} Date of Commencement will be (14) days after all building permits are issued and the Owner/Contractor agreement are executed. § 2.2 The Contract Time shall be measured from the date of commencement. § 2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 175 days from the date of commencement; or as follows: - (Insert number. of calen ys. Alternatively, a calendar date may be used when coordinated with the date of ; commencement. Unless elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) , Subject to adjustments:of this Contract Time as provided in the Contract Documents (Insert provisions, ‘if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) ARTICLE 3 CONTRACT SUM § 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be Six Hundred Seventy Four Thousand Eight Hundred Eighty-One Dollars and Zero Cents -($ 674,881.00 ), subject to additions and deletions as provided in the Contract Documents. § 3.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the ‘execution of. this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 3.3 Unit prices, if any, are as follows: Description . Units . Price ($0.00) Delays Not Caused By Contractor. Day _ $715.00 ARTICLE 4 PAYMENTS § 4.1 PROGRESS PAYMENTS § 4.1.1 Based upon Applications for Payment submitted to the Architect with a copy to the Owner by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: a a AJA Document A107™ - 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978,, 1987 and 1997 by The American Institute of Architects. A a All rights reserved. WARNING: This AIA® Document Is.protected by U.S. Copyright Law and Intemational Treaties, Unauthorized reproduction or 2 distribution of this AIA” Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:40:42 on 04/12/2006 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: 1767601708) Submit pay application by the 25" of the month with pay by the 10" of the following month. Applications for payment shall be reviewed and approved by the Architect and the Owner. General Contractor shall provide partial release of liens with current application for payment from previous month payment. Reduce retainagie to 5% on next to last payment application. § 4.1.2 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the 10th day of the next month. If an Application for Payment is received by the Architect after the date fixed above, payment shall be made by the Owner not later than fifteen ( 15 ) days after the Architect receives the Application for Payment. § 4.1.3 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. ‘(Insert rate of interest agreed upon, if any.) 5%.above piitie (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer eredit 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. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 4.2 FINAL PAYMENT § 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: , 1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 17.2, and to satisfy other requirements, if any, which extend beyond final payment; and .2 afinal Certificate for Payment has been issued by the Architect. § 4.2.2 The Owner's final payment to the.Contractor shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment, or as follow: Final CO Final. Contractor's Affidavit of Conformance and all closeout documents are received. It is mandatory for tenant to sign off-on punch list that all itmes are completed. ARTICLE § ENUMERATION, OF CONTRACT DOCUMENTS § 5.1 The Contract Documents are listed in Article 6 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 5.1.1 The Agreement is this executed 1997 edition of the Abbreviated Standard Form of Agreement Between Owner and Contractor, AIA Document A107-1997. § 5.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: “"" Document Title Pages § 5.1.3 The Specifications are those contained in the Project Manual dated as in Section 5.1.2, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: : §5.1.4 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) ne AIA Document A107™ - 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The Amencan institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 3 distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:40:42 on 04/12/2006 under ‘Order No.1000186597_1 which expires on 6/30/2006, and is nol for resale. : User Notes: {1747601708} | Title of Drawings exhibit: § 5.1.5 The Addenda, if any, are as follows: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 5. § 5.1.6 Other documents, if any, forming part of the Contract Documents are as follows: (List any additional documents which are intended to form part of the Contract Documents.) GENERAL CONDITIONS - ARTICLE G' IERAL PROVISIONS , NTS of this Agreement with Conditions of the Contract (General, Supplementary and écifications, Addenda issued prior to the execution of this Agreement, other lo x ént and Modifications issued after execution of this Agreement. A Modification is (1) a written amendinent'to,the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or.(4) a written order for a minor change in the Work issued by the Architect. The intent of the Contract Documents is to include’all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. : § 6.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written , or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to’create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or sub-subcontractor, (3) between the Owner and Architect or (4) between any persons or entities other than the Owner and ‘Contractor. § 6.3 THE WORK The term “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Coatractor’s obligations. The Work may constitute the whole or a part of the Project. § 6.4 EXECUTION OF THE CONTRACT Execution of the Contract by. the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 6.5 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The A y AJA Document A107™ - 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by Tha American Institule of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 4 distribution ot this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted fo the maximum extent possible under the law. This document was produced by AIA software at 16:40:42 on 04/12/2006 under Order No.1000186597_1 which expires on : 6/30/2006, and is not for resale. User Notes: (4747601708) Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subconiractor, sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect’s consultants. The Contractor, Subcontractors, sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants’ copyrights or other reserved rights. ARTICLE 7 OWNER § 7.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 7.1.1 The Owner shall furnish and pay for surveys and a legal description of the site. entitled to rely on the accuracy of information furnished by the Owner but shall ating to the safe performance of the Work. § 7.1.3 Except for S'and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for other necessary approvals, easements, assessments and charges required for the -construction, use or:occupancy: of permanent structures or permanent changes in existing facilities. § 7.2 OWNER'S RIGHT } STOP THE WORK If the Contractor fails'to-correct Work which is not in accordance with the requirements of the Contract Documents, or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order is eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. § 7.3 OWNER’S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents, or fails to perform-a provision of the Contract, the Owner, after 10 days’ written notice to the Contractor and without prejudice to any other remedy the Owner may have, may make good such deficiencies and may deduct the reasonable cost thereof, including Owner’s expenses and compensation for the Architect’s services made necessary thereby, from the payment then or thereafter due the Contractor. ARTICLE 8 CONTRACTOR § 8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 8.1.1 Since the Contract Documents are complementary, before starting cach portion of the Work, the Contractor shall carefully study'and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 7.1.1, shall take field measurements of any existing conditions related to that portion of the Work and shal! observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in the Contract Documents; however, any errors, omissions or inconsistencies discovered by the Contractor shall be reported promptly to the Architect as a request for information in such form as the Architect may require. § 8.1.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect, but it is recognized that the Contractor’s review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. § 8.2 SUPERVISION AND CONSTRUCTION PROCEDURES § 8.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents AIA Document A107™ -- 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This ALA® Document Is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:40:42 on 04/12/2006 under Order No.1000186597_1 which expires on 41747601708) 6/30/2006, and is not for resale. User Notes: hs 5 give other specific instructions concerning these matters. If the Contract Documents give specific instructions conceming construction means, methods, techniques, sequences or procedures, the Contractor shall be fully and solely responsible for the jobsite safety thereof unless the Contractor gives timely written notice to the Owner and Architect that such means, methods, techniques, sequences or procedures may not be safe. § 8.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, . Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. § 8.3 LABOR AND MATERIALS . § 8.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanent “and whether or not incorporated or to be incorporated in the Work. § 8.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled-in tasks assigned to them. § 8.3.3 The Contractor shall deliver, handle, store and install materials in accordance with manufacturers’ instructions. §'8.9:4 The’ Contractor may make’ substitutions only with the consent of the Owner, after evaluation by the Architect ‘and in accordance with aChange Order, § 8.4 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requiremenis of the’Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear and normal usage. § 8.5 TAXES The Contractor shall pay sales, consumer, use and other similar taxes which are legally enacted when bids are received or negotiations concluded. § 8.6 PERMITS, FEES AND NOTICES § 8.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work: § 8.6.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. The Contractor. shall promptly notify the Architect and Owner if the Drawings and Specifications are observed by the Contractor to be at variance therewith. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 8.7 SUBMITTALS § 8.7.4 The Contractor shall review for compliance with the Contract Documents, approve in writing and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness. The Work shall be in accordance with approved submittals. § 8.7.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. fk b AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. Ali rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treatles. Unauthorized reproduction or 6 distribution ot this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the faw. This document was produced by AIA software at 16:40:42 on 04/12/2006 under Order No. 1000 186597 _1 which expires on 6/30/2006, and is nol for resale. User Notes: 11747601708) § 8.8 USE OF SITE The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 8.9 CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. § 8.10 CLEANING UP The Contractor shall keep the premises and surrounding area free from-accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus material. § 8.11 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees; shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers ig required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect, unless the Contractor has reason to believe that there is an infringement of patent or copyright and fails to promptly furnish such information to the Architect. § 8.12 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 8.13 INDEMNIFICATION § 8.13.1 To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Section 16.3, . the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be Hable, regardless of whether or'not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 8.13. § 8.13.2 In claims against any person or entity indemnified under this Section 8.13 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 8.13.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 9 ARCHITECT'S ADMINISTRATION OF THE CONTRACT § 9.4 The Architect will provide administration of the Contract and will be an Owner's representative (1) during construction, (2) until final payment is due and (3)-with the Owner's concurrence, from time to time during the one- year period for correction of Work described in Section 17.2. : § 9.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. Ail rights reserved, WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software al 16:40:42 on 04/12/2006 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: 9747601 708) R/ # these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 8.2.1. § 9.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 9.4 Based on the Architect’s evaluations of the Work and of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. . § 9.5 The Architect will have authority to reject Work that does not conform to the Contract Documents. § 9.6 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents, § 9.7 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect will make initial decisions on all claims, disputes and other matters in question. between the Owner and Contractor but will not be liable for results of any interpretations or decisions so rendered in good faith. § 9.8 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. , § 9.9 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. § 9.10 CLAIMS AND DISPUTES § 9.10.4 Claims, disputes and other matters in question arising out of or relating to this Contract, including those alleging an error or omission by the Architect but excluding those arising under Section 15.2, shall be referred initially to the Architect for decision. Such matters, except those relating to aesthetic effect and except those waived as provided for in Section 9.11 and Sections 14.5.3 and 14.5.4, shall, after initial decision by the Architect or 30 days after submission of the matter to the Architect, be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. § 9.10.2 If a claim, dispute or other matter in question relates to or is the subject of a mechanic’s lien, the party asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing * deadlines prior to resolution of the matter by the Architect, by mediation or by arbitration. § 9.10.3 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 9.10.4 Claims, disputes and other matters in question arising out of or relating to the Contract that are not resolved by mediation, except matters relating to aesthetic effect and except those waived as provided for in Section 9.11 and Sections 14.5.3 and 14.5.4, shall be decided by arbitration which, unless the pasties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association and shall be made within a reasonable time after the dispute has arisen. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with AIA Document A107™ ~ 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects, All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and Internationai Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum. extent possible under the law. This document was produced by AIA software at 16:40:42 on 04/12/2006 under Order No. 1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: ies applicable law in any court having jurisdiction thereof. Except by written consent of the person or entity sought to be joined, no arbitration arising out of or relating to the Contract Documents shall include, by consolidation, joinder or in any other manner, any person or entity not a party to the Agreement under which such arbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a common question of fact or law, (2) the presence of such person or entity is required if complete relief is to be accorded in the arbitration, (3) the interest or responsibility of such person or entity in the matter is not insubstantial, and (4) such person or entity is not the Architect or any of the Architect’s employees or consultants. The agreement herein among the parties to the Agreement and any other written agreement to arbitrate referred to herein shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 9.11 CLAIMS FOR CONSEQUENTIAL DAMAGES . The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes: A damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and ; 2 damages incurred by the Contractor for principal office expenses including the compensation of “personnel stationed there, for losses of financing, business and reputation, and for loss of profit ‘except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to ali consequential damages due to either party's termination in accordance with Article 19. Nothing contained in this Section 9.11 shall be deemed to preclude an award of liquidated direct damages, when applicable, in accordance with the requirements of the Contract Documents. ARTICLE 10 SUBCONTRACTORS § 10.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site, § 10.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of the Subcontractors for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor to whom the Owner or Architect has made reasonable and timely objection. If the proposed but rejected Subcontractor was reasonably capable. of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 10.3 Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work, which the Contractor, by the Contract Documents, assumes toward the Owner and Architect, and (2) allow the Subcontractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents. ARTICLE 11 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 14.4 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided in Section 9.10. § 11.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's activities with theirs as required by the Contract Documents. AJA Document A107™ — 1997, Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The Amencan institute of Architects. Allrights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penatties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:40:42 on 04/12/2006 under Order No, 1000186597_1 which expires on 6/30/2006, and is not for resale. — User Notes: Fs AA § 11.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. ARTICLE 12 CHANGES IN THE WORK § 12.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect. § 12.2 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive, by the Contractor’s cost of labor, material, equipment, and reasonable overhead and profit. § 12.3 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carryout such written orders promptly. § 12.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably adjusted. ARTICLE 13. TIME § 13.4 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 13.2 The date of Substantial Completion is the date certified by the Architect in accordance with Section 14.4.2. § 13.3 If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor’s control, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine, subject to the provisions of Section 9.10. ARTICLE 14 PAYMENTS AND COMPLETION § 14.1 APPLICATIONS FOR PAYMENT § 14.1.1 Payments shall be made as provided in Article 4 of this Agreement. Applications for Payment shal! be ina form satisfactory to the Architect. § 14.1.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for © Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner's interests. § 14.2 CERTIFICATES FOR PAYMENT § 14.2.4 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 14.2.3. § 14.2.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA” Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 10 distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:40:42 on 04/12/2006 under Order No. 1000186597_{ which expires on 6/30/2006, and is not for resale. User Notes: SEMIFINAL 97 of AO an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on- site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 14.2.3 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 14.2.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 14.2.1. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 8.2.2, because of: , . 1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; -3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4__ reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; +5 damage to the Owner or another contractor; -§ reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .T persistent failure to carry out the Work in accordance with the Contract Documents. § 14.2.4 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 14.3 PAYMENTS TO THE CONTRACTOR § 14.3.1 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor’s portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub-subcontractors in similar manner. § 14.3.2 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a Subcontractor except as may otherwise be required by law. § 14.3.3 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shali not constitute acceptance of Work not in accordance with the Contract Documents. § 14.4 SUBSTANTIAL COMPLETION § 14.4.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. AIA Document A107™ — 1997, Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or 1 distribution of this AIA® Document, or any portion ot it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.. This document was produced by AIA software at 16:40:42 on 04/12/2006 under Order No.1000186597_1 which expires an 6/30/2006, and is not for resale. User Notes: AAA § 14.4.2 When the Architect determines that the Work or designated portion thereof is substantially complete, the Architect will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion, establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. Upon the issuance of the Certificate of Substantial Completion, the Architect will submit it to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. § 14.5 FINAL COMPLETION AND FINAL PAYMENT § 14.5.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation that conditions stated in Section 14.5.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 14.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attomeys’ fees. § 14.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: 1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled; 2 failure of the Work to comply with the requirements of the Contract Documents; or 3 terms of special warranties required by the Contract Documents. § 14.5.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shal! constitule 5 waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 15 PROTECTION OF PERSONS AND PROPERTY § 15.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs ‘in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: aA employees on the Work and other persons who may be affected thereby; 2 the Work and materials and equipment to be incorporated therein: and 3. other property at the site or adjacent thereto. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 15.1.2 and 15.1.3, except for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either ot them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 8.13. AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institue of Architecis, Ailrights reserved. WARNING: This AIA® Document is protected hy U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum exterit possible under the law. This document was produced by AIA soltware at 16:40:42 on 04/12/2006 under Order No.1000186597_.1 which expires on 6/30/2006, and is not for resale. . User Notes: {1747601708} 12 § 15.2 HAZARDOUS MATERIALS § 15.2.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shutdown, delay and start-up, which adjustments shall be accomplished as provided in Article 12 of this Agreement. § 15.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attomneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 15.2.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indemnity. : : § 15.2.3 If, without negligence on the part of the Contractor, the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contactor for all cost and expense thereby incurred. ARTICLE 16 INSURANCE § 16.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located insurance for protection from claims under workers’ compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insurance applicable to the Contractor’s obligations. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner. § 16.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 16.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE § 16.3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective Liability insurance from the Contractor’s usual sources as primary coverage for the Owner’s, Contractor's and Architect's vicarious liability for construction operations under the Contract. Unless otherwise required by the Contract Documents, the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage, and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner. The minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability insurance under Section 16.1. 7 § 16.3.2 To the extent damages are covered by Project Management Protective Liability insurance, the Owner, Contractor and Architect waive all rights against each other for damages, except such rights as they may have to the proceeds of such insurance. The policy shall provide for such waivers of subrogation by endorsement or otherwise. § 16.3.3 The Owner shall not require the Contractor to include the Owner, Architect or other persons or entities as additional insureds on the Contractor's Liability insurance under Section 16.1. AB AIA Document A107™ - 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved, WARNING: This AIA” Document |s protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 13 distribution of this AIA® Document, or any portion of it, may resutt in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:40:42 on 04/12/2006 under Order No. 1000186597 _1 which expires on 6/30/2006, and is not for resale. User Notes: 7 § 16.4 PROPERTY INSURANCE § 16.4.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance on an “all-risk" policy form, including builder's risk, in the amount of the initial Contract Sum, plus the value of subsequent modifications and cost of materials supplied and installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entilies who are beneficiaries of such insurance, until final payment has been made as provided in Section 14.5 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 16.4 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and sub- subcontractors in the Project. . § 16.4.2 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occur. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its fimits will not be reduced, until at least 30 days’ prior written notice has been given to the Contractor. : § 16.5 WAIVERS OF SUBROGATION § 16.5.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub- subcontractors, agents and employees, each of the other, and (2) the Architect, Architect’s consultants, separate contractors described in Article 11, if any, and any of their subcontractors, sub-subcontractors, agents and employees for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to Section 16.4 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contactor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 11, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 16.5.2 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their sub-subcontractors in similar mannet. ARTICLE 17 CORRECTION OF WORK § 17.4 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect’s services and expenses made necessary thereby, shall be at the Contractor's expense. , § 17.2 In addition to the Contractor’s obligations under Section 8.4, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 14.4.2, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. § 17.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 7.3, Aly ‘AIA Document A107™ — 1997. Copyright © 1936, 1951, $958, 1961, 1963, 1966, 1970, 1974, 1976, 1987 and 1997 by The American institule of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 14 distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:40:42 on 04/122006 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. : NW User Notes: 47603708) A § 17.4 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. § 17.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 17, ARTICLE 18 MISCELLANEOUS PROVISIONS § 18.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract without written consent of the other. § 18.2 GOVERNING LAW Tl he Contract shall be governed by the law of the place where the Project is located. § 18.3 TESTS AND INSPECTIONS Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time, Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an - independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related ‘costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests-and inspections are to be made so that the Architect may be present for such procedures: The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. § 18.4 COMMENCEMENT OF STATUTORY LIMITATION PERIOD As between. Owner and Contractor, any applicable statute of limitations shafl commence to run and any alleged cause of action shall be deemed to have accrued: , 1 not later than the date of Substantial Completion for acts or failures to act occurring prior to the relevant date of Substantial Completion; .2_ not Jater than the date of issuance of the final Certificate for Payment for acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to the issuance of the final Certificate for Payment; and .3_ not later than the date of the relevant act or failure to act by the Contractor for acts or failures to act ” occurring after the daté of the final Certificate for Payment, ARTICLE 19 TERMINATION OF THE CONTRACT § 19.1 TERMINATION BY THE CONTRACTOR If the Architect fails to recommend payment for a period of 30 days through no fault of the Contractor, or if the Owner fails to make payment thereon for a period of 30 days, the Contractor may, upon seven additional days’ written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages applicable to the Project. § 19.2 TERMINATION BY THE OWNER _ : § 19.2.1 The Owner may terminate the Contract if the Contractor: 4 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; 3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or 4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 19.2.2 When any of the above reasons exists, the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any other remedy the Owner may have and after giving the A | 5 AIA Document A107™ -— 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects, All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treatles. Unauthorized reproduction or 15 distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:40:42 on 04/12/2006 under Order No. 1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: (77st 7ARy bLeAtece saa! Contractor seven days’ written notice, terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shalt furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 19.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 19.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 19.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor, If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. ARTICLE 20 OTHER CONDITIONS OR PROVISIONS je? .) [RRO Licas QY* Kenneth M. Tumlin, President , (Printed name and title) (Printed name and title) AIA Document A107™ ~ 1997, Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:40:42 on 04/12/2006 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: (1747¢ >= Additions and Deletions Report for AIA Document A107™ - 1997 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:40:42 on 04/12/2006. . PAGE 1 Seininole Trail Animal Hospital Telephone Number! 407-366-4486 Fax Number: 407-366-5969 Great Southern Contractors, Inc. 807 S. Orlando Ave, Suite R ae . Winter Park, FL. 32789 Seminole Trails Animal Hospital AGREEMENT made as of the Fourth day of April in the year Two Thousand and Six Winter Springs hi Associ 1643 Bomi Circle Winter Park, FL 32792 Telephone Number: 407-678-5099 Fax Number: 407-678-5098 PAGE 2 Date of Commencement will be (14) days after all building permits are issued and the ( Y iwner/Contractor agreement are executed, : § 23 The ContrdatGiehall achiéve Substantial Completion of the entire Work'nol later thai “175:days.from: the date ¢ ~ of commencement,;nuas follows: ‘ § 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract. The Contract Sum shall be Six Hundred Seventy Four Thousand Eight Hundred Eighty-One Dollars and Zero Cents ($ 674,881.00 ), subject to additions and deletions as provided in the Contract Documents. Delays Not Caused By Contractor Day 715. AY? Additions and Oeletions Report tor AIA Document A107™ ~ 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International 1 Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penaities, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA sofware at 16:40:42 on 04/12/2006 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: f ms § 4.1.4 Based upon Applications for Payment submitted to the Architect with a copy to the Owner by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: PAGE3 Submit pay application by the 25” of the month with pay by the 10" of the following month. Applications for payment shall be reviewed and approved by the Architect and the Owner. General Contractor shall provide partial release of liens with current application for payment from previous month payment. Reduce retainagie to 5% on next to last payment application. . § 4.1.2 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the 10th day of the nex! month, If an Application for Payment is received by the Architect after the date fixed above, payment shall be made by the Owner not later than fifteen ( 15 ) days after the Architect receives the Application for Payment. 5% above prime Final CO Final-Contractor’s Affidavit of Conformance and all closeout documents are received. Itis mandatory for tenant to sign off on punch list that all itmes are completed. Title of Specifications exhibit: PAGE 4 Number FHtle Date Title of Drawings exhibit: PAGE 16 : Kenneth M. Tumlin, President ‘Additions and Deletions Report for AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA’ Document, or any portion of it, may result in severe civil and criminat penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:40:42 an 04/12/2006 under Order No. 1000186597_1 which expires an 6/30/2006, and is not for resale. User Notes: ( ~ Certification of Document’s Authenticity AIA® Document D401™ - 2003 I, Stephanie Clodfelter, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:40:42 on 04/12/2006 under Order No. 1000186597_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A107™ — 1997 - Abbreviated Standard Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope where the basis of payment is a STIPULATED SUM, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. Signed) (Title) ; : YM- | | (Dated) ‘and 2003 by The American institute of Architects. All rights reserved. WARNING: This AIA® Document 4 Is protected by U.S, Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, 1 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the jaw. This document was produced by AIA software at 16:40:42 on 04/12/2006 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. 7 (1747601708) User Notes: AIA Document D401™ — 2003, Copyright © 1992 EXHIBIT E Owner has deleted the following items: ANAL Sod in Right-of-Way Glass/Glazing Tile Marble sills Fire Extinguishers Painting iele GREAT SOUTHERN CONTRACTORS eran cAI A ST GENERAL CONTRACTORS 8. 9. Seminole Trails Animal Hosptial Proposal Clarifications 2-9-06 This proposal does not include any impact fees, connection fees, permit fees, and underground electric differential electric fees. This proposal is good for 15 days from the date of the bid. This proposal does not include a payment and performance bond. The owner is responsible for applying for their power, water and electric service to allow enough time to get these services on site. We will assist the.owner in the interface between the utility companies and the site locations of the point of connections. However the application for these utilities can only be done by the ownel. This proposal does not include any well pointing should ground water be - encountered. This proposal does not include removal of any unsuitable soil material should it be encountered. This proposal does not include any screen walls. The plans do not show any. This proposal does not include any exterior store signage or pylon signs. This proposal does not include any hurricane shutters for the storefront system 10. This proposal is based on a non impact glass system for the glass storefront system. 11. This proposal includes 11,600s.f of St Augustine sod. Any additional sod will be 807 South Orlando Avenue, Suite R « Winter Park, FL 32789 FL Lic. HCBC - 028108 44(407) 699-9399 » Fax (407) 695-7536 « www greatsouthem-gc.com added at a cost of $0.33/s.f : hal 12. This proposal does not include any quality control testing. 13. This proposal is based on using fiberglass ductwork. _ 14. This proposal is based on doing phase 1 of the sitework only. In phase 1 we do include constructing a complete sanitary sewer system. 15. This proposal does not include the segmented retaining wall as this is in phase II. 16.We include 1,900 s.f of site sidewalks. We only have site sidewalks in phase | 17. The plans do not show a tyvek vapor barrier at the truss insulation. We believe this will be required. 18. This proposa! does not include any carpet labor or material per note 8 sheet A-4 19. The plans do not show a fire rated sub ceiling under the bottom chord of the trusses. We believe this may be required. We have not included it in our bid. 20. This proposal does not include any lead lined drywall or lead lined door frames and windows in the Radiology Room. 21.We do not include cast iron piping above the slab.We include PVC which is acceptable per the code. 22. The plans do not call for a fire alarm system, but one will be required. Our proposal does not include a fire alarm system. 23. We include 25 ft of secondary electric service. Since we do not know where the transformer is going to’be located by the power company. ho. 807 South Orlando Avenue, Suite R « Winter Park, FL 32789 © FL Lic. HCBC - 028108 407) 699-9399 © Fax (407) 695-7536 « www, greatsouthem-ye.com ; Ea GREAT SOUTHERN CONTRACTORS FS PS AGL PURO POA ENACT GENERAL CONTRACTORS A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 A-10 A-11 A-12 A-13 A-14 Seminole Trails Animal Hospital 11/14/05 11/14/05 11/14/05 11/14/05 41/14/05 11/14/05 11/14/05 11/14/05 11/14/05 11/14/05 11/14/05 11/14/05 11/14/05 11/14/05 A-15 A-16 A-17 A-18 A-19 A-20 $1.0 $2.1 $2.2 $3.1 $3.2 11/14/05 11/14/05 11/14/05 11/14/05 11/14/05 11/14/05 11/14/05 11/14/05 11/14/05 11/14/05 11/14/05 Aa Exhibit C Great Southern Contractors will try to have all subcontractors hold to the pricing in this contract. If we are unable to keep the current pricing Great Southern Contractors, Inc. will have no other option than to pass the price increases to the Owner Mr. Paul Williams. hoy Moo2z 06/16/2009 15:05 FAX 4073665969 SEMINOLE TRAIL AH 11/22/2006 15:32 4676957536 GREAT SOUTHERN CONTR i Oe i am a4 407 South Orlando Avenue, ite Grear Sournern Winter Park, FL. 22789 INTRACTOR. , : (Phone) '407-699-9399 WONTRACTORS (Fax) |407-695- 7836 GENERAL, CONTRACTORS CBC - + 026108 CHANGE ORDER | PROPOSAL QUOTATION | PROJECT: Seminole Tras Animal Hospital “PROJECT NO: 99006 NO; 13 DATE QUOTED: 1024/06 PAYSALLOWED Te pe FOR APPROVAL: | TO: Douglas Williams Douglas Paul Williams 1491 ESR 434 Winter Springs, FL 32706 (Phone) 407-366-4486 (Fax) 407-906-6269 : price to include @ Second layer of fire sprinklers per inspector EXPIRATION DATE: 14/24/06 | | SUBCONTRACTORS / VENDORS = | Bgnann Gao Prec Raa Date: 10/2406 EAGLE FIRE PROTECTION, INC. 1205 CROWN PARK CIRCLE » WINTER GARDEN, FLORIDA 34787 | WWW.EAGLEFIREPROTECTIONINC.COM a “change 0 Order ‘November 20,2006 i Great Southern Contractors 807 S. Orlando Avenue, Suite R Winter Park, FL 32789 Fax: 407-695-7536 Aas Geet Soutien Contractor ; Re: Seminole Tralls Animal Hospital ‘ EAGLE FIRE PROTECTION, ING, hereby submits the following proposal for necessary labor ‘and material to fumish and install: SYSTEM DESIGN: Wet pipe fire sprinkler system to fully protect the building. Design based on Light Hazard, AW 500, PIPE AND MATERIALS: Per NFPA 5 '3 9 requirements and UL listed, SPRINKLER H HEADS: S| Add an adionalTayerot sprinkers per NFPA - 13. code ‘ gen Vos 4 “ ALARM MONITORING: Eagle Fire Protection, Inc. to furnish flow switches and tamper switches on valves provided by Eagle Fire Protection. Wiring by others. FIRE DEPARTMENT CONNECTION: By others, BACKFLOW: “By others, he UNDERGROUND SUPPLY PIPE: Eagle Fire Protection, Inc. to start 10” above finished floor. CITY WATER: Itis mutually agreed and understood that Eagle Fire Protection, inc. is not to be held responsible for the adequacy or quality of the water supply. All underground fire line piping installed by others:is to be properly valved, tested, flushed, and certified by a state certified fire protection contractor. WARRANTY AND GUARANTEE: Eagle Fire Protection, Inc. will furnish all manufacturer's warranties and instructions, as-built drawings and certificate of final inspection upon completion of work, Eagle Fire Protection, Inc. will provide a twelve-month guarantee to start on the date of certificate of occupancy covering defective equipment, materials and workmanship. Po Page2 TAXES & PERMITS: _ This proposal includes the cost of s fire sprinkler permit. Due to our bulk aterial ion. In i sales [8x directly to our suppliers, an th jot ificates, m. "ADHERENCE TO CODES: All work is to be done in strict accordance with applicable NFPA standards and local codes, EXCLUSIONS: . This proposal does not include: 1) Painting of pipes 2) Electrical wiring / Fire alarm system 3) Portable fire extinguishers ; 4) Centering of sprinkler heads in Ceiling tiles 5) . Backflow preventer : 6) Performance Bond (available upon request) The proposal priceig: © - : " Nineteen thousand five hundred dollars and zero cents | ~ 19,500.00 This price is good for 30 days: - Submitted by: LLP B. Heath, Jr ’ -— “Benny If you wish to accept this proposal as submitted, please sign below and return. Any changes you request may require a revised proposal. : Accepted by: Date B3 toll abed Fy uaa SWORN STATEMENT CASE NUMBERS 2007-04 9162 “ATE OF FLORIDA V. Kenneth Tumlin Great Southern Contractors, Inc. PERSON MAKING STATEMENT NAME: Heat} Je f4 Wha ow B. . Last First Middle p.0.B /9-20-SS sex: pr ___ RACE:_b’ ssn: 26(-19- >t 87 appress /Z225 Leow: A VEN CrE— HOME PHONE o7- 877-G2 4 Maw ie LARGE, FL. 34737 work PHONE. YO 7— 6.96 - 8737 RELATIONSHIP “F7@eS/Der 7_ CONTACT PERSON HOME PHONE ADDRESS WORK PHONE FOI ISG HSS TTI ITI III IE de ke eR KR Ra RR KICK HK EXRKEKEK KKK KKK 1, Myon “Bb. pe ie | DO HEREBY VOLUNTARILY MAKE THE FOLLOWING STATEMENT WITHOUT THREAT, COERCION, OFFER OF BENEFIT OR FAVOR BY ANY PERSON WHOMEVER. EAber Lyet Gave Ope? SovTArenw Ap tye 8 th To Dy ole Fire. Senktn> Fox. [LE Deread ie Traes foanae 2 3 wh les a le. <, i hh Freer sl Lz WMELUPEDP PPL 22> / / hers byt POV Aicrw ConT ec? vs Several Times been PE ALATA CE /?- CO, ip Tien ws Br Dstt, Seve pence par TH Arc. WE Te oT? (2k 44 Pw kad Te perth ee THe OF bw Al Pretec [rctvpP STE lew. | Poe lo _ wet Be-xs Faw ta _4A- Liasly te tterEy TORE. Ousaer— Con~T4e7eD VS Y Fins 7 STi Dy pr wk TIPE Ce vetetin a EA Ute Whe & SWEAR/AFFIRM T R ATTACH Ov — 2 BOVE AN < fae, taken [toner teaches Orbea Herts /)- 6-07 DATE STATE OF FLORIDA COUNTY OF Pdea -SUL-SS > 340 -O Sworn to or affirmed by Affiant, who produced identification, type FL DL Sworn to and subscribed before me this igih -_day of Wo JQ ae lau , 2007. Cy My Commission expires tary Public-State of Florida Type or print name anit 2 wc HELE BPR/REG FORM 012 0793 S Pa ACOSO DD ZS a EXPIRES: Apt 27, 2000 Teor onde Thru Budget Helary Srvicnt ~ EXHIBIT He Pawo KR 697? pire * Pue OBI AL 2) J 7p07? Dee. Sev tel CR F007] * Te Taz Asie SPB wet > + 1 Cab OTE Tso Us SHourr Bews L0 OTA Fres> two & ChLpnwéE E OF llews M2 TBeer ("eo Dt Fie B7 wT OUT ove Buow ebb. a fleg VAY rm peter Cr CONSTRUCTION MANAGER APPLICATION AND CERTIFICATE FOR PAYMENT ADVISER EDITION PAGE ONE OF _4 SUBMITTED TO: Douglas Paul Williams PROJECT: Seminole Trails Animal Hospital APPLICATION NO: 06 Distribution To: 1491 E. SR 434 PERIOD TO: 11/30/06 4. OWNER Winter Springs, FL 32708 PROJECT NO: 56006 |} ARCHITECT ARCH PROJ NO: | CONTRACTOR JBMITTED FROM: Great Southern Contractors CONTRACT DATE: 3 ’ CONSTR. MNGR. 807 South Orlando Avenue, Suite R APPLICATION DATE: 11/30/06 | | Bank Ast Winter Park, FL 32789 VIA CM: INVOICE NO: 06 wt CONTRACT FOR: ARCHITECT: Shipman and Associates The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief CONTRACTOR'S APPLICATION FOR PAYMENT the Work covered by this Application For Payment has been completed in accordance with the Contract Documents, that all arnounts have been paid by the Contractor for Work for which previous Certificates for Application is made for payment, as shown below, in connection with the Payment were payments have been received from Owner, and the current payment shown herein is now Contract. Continuation Sheets are attached to substantiate this application. due. CONTRACTOR: Bieat Southern Contractors ORIGINAL CONTRACT SUM 674,881.00 wo By: aie _ Date: 11/22/06 NET CHANGE BY CHANGE ORDERS. a $ 50,854.00 Kenneth M. Tumlin State of: FL CONTRACT SUM TO DATE 725,735.00 County of: ORANGE Subscribed and sworn to before TOTAL COMPLETED AND STORED TO DATE . $ 558,022.00 me this Wednesday, November 22, 2006 an SZ ul RETAINAGE: PR , fe Shrew INDSEY A. SHAW nadoey . Comm#é DD0591168 10__% OF COMPLETED WORK $ 53,926.70 NOTARY PUBLIC: My Commission Expires: 8/31/2010 CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and the data comprising this application, the Construction Manager and Architect certify to the Owner that to the best of their knowledge, TOTAL EARNED LESS RETAINAGE. o.....eseessesstssseeseeseeeeereene & 504,095.30 information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Construction Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. LESS OWNER DIRECT PAYMENT BY PURCHASE ORDER = $ 0.00 aMOUNT CERTIFIED .. 10 _%OF STORED MATERIAL $ 0.00 TOTAL RETAINAGE .......-0 53,926.70 ( Attach explanation if amount certified differs from the amount applied for. initial all figures on this LESS PREVIOUS CERTIFICATE. R a i E CATES FOR PAYMENT application and on the Continuation Sheets that changed to conform to the amount certified.) -. $ ____ 388,891.70 CURRENT PAYMENT DUE . $ 115,203.60 CONSTRUCTION MANAGER: BALANCE TO FINISH INCLUDING RETAINAGE ..-sccssscesseeue $ 221,639.70 B . D Yy: ate: See Attached P f . nee ee Se eee tne ee _— - (See Attached Pages for Original Contract and Change Order Breakdown.) _ ARCHITECT: Shipman and Associates This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. By: Date: i a oO SS Sominclo Tails Animal Hospital PROJECT: Seminole Trails Animal Hospital SUBMITTED FROM: Great Southern Contractors 807 South Ortando Avenue, Suite R Winter Park, FL 32789 CONTRACT FOR: 01: Mobilization 02/ Supervision 03! General Conditions 04 | Earthwork 05! Utilities 06, Paving andscaping 08! Concrete ne Cultured Stone 0, Rough Carpentry i | Millwork 42 : Roofing 13! Waterproofing 14!HM Doors & Frames 16' Stucco 17 ‘Ventilated Soffit 18, Drywall 49/ Acoustical Ceiling 20 | Misc. Specialties 21; Column Covers 23) Plumbing 24 | Fire Protection 25 Electrical DESCRIPTION OF WORK i 1 i Contract Page 2 4 Totals! ” SCHEDULED VALUE : "5,000.00! 45,000.00: 25,510.00) 16,432.00; 50,012.00! 28,440.00; 13,312.00 1,700.00| 10,486.00; 18,647.00] 1,572.00: 39,580.00; 5,985.00 905.00: 2,540.00: 43,454.00; 21,750.00: 23,800.00: 61,515.00! $674,881.00] RIGINAL CONTRACT PAGE 2.1 CONTRACTOR'S PROJECT NO: 56006 ARCHITECT'S PROJECT NO: WORK COMPLETED — PREVIOUS | APPLICATIONS . WORK IN PLACE ! 5,000.00; 29,250.00} 16,582.00i 71,520.00} 50,012.00; 2,500.00! | 2,500.00 8,691 00! 9,025.00: 5,000.00. 24,606.00! ' t "$402, 954.00! & vgs THIS APP 0.00. 7,650.00: 4,336.00" 13,659.00) 1,300, 00 15,200.00; 0.00! 3,853.00} LICATION STORED | MATERIALS 0.00 19,554.00}. 7,287.00; 11,660.00. 12,303.00! i i " $111,814.00 PAGE NO:___2.1___ OF: 4 APPLICATION NUMBER: _ 06 APPLICATION DATE: _ 11/30/06 PERIOD FROM: _ 11/1/06 To: 11/30/06 ~ TOTAL COMPLETE} "| BALANCE ;” RETAINAGE -| "AND STORED | % ; TOFINISH TO DATE i GIC | (C-G) i (O+E+F) : ~~" 5'000.00' 100%: 0.00! “500.00! 36,900.00: 82% 8,100.00: 3,690.00! 20,918.00: 82% 4,592.00: 2,091.80 61,570.00; 100%, 0.00° 6,157.00: 0.00: 6,713.00! 37,500. 00| 96%| 1,500.00, 3,750.00. : 0%! 20,021.00! 0.00] 71,520.00] 100%: 7,182.00, 0%} 0.00i 50,012. 00! 100%! 5,001.20; 2,500. 00; 25,940.00: 250.00! : 13,312.00; 0.00 1,331.20: ' 1,700.00; 0.00. 170.00! 3,800.00 6,686.00, 380.00; 15,200.00 3,447.00 | 1,520.00: 0.00 1,572.00: 0.00; 29,580.00! 2,958.00: ' 0.00; i 0.00: ‘ 2,540.00: 0.00. 28,245.00: 15,209.00! 2,824.50. 16,312.00! 5,438.00 1,631.20. 16,660.00: 7,140.00: 1,666.00! : 36,909.00; 24,606.00! 3,690.90, | Hi i 7 | | | | | ! : ' t ! ‘ at _ $514,768. 00 76%! $160, 143. 00) $51,476.801 DQ SUBMITTED FROM: Great Southern Co 807 South Orlando ntractors Avenue, Suite R Winter Park, FL 32789 CONTRACT FOR: B “DESCRIPTION OF WORK | “01 add'l Welipointing 8 Trench ‘Box 02| Performance Bond 03 Truss Drawing Change, COR 6 04 | Add course of lintel bick 05| Move Irrignation Lines 06! Remove floor rec. COR #5 07 Add fire sprinklers in trusses 08 | Add interior bearing footer ! Page 3.1 Change ‘Order Totals Change Order Grand Totals (Original Contract Totals! i ; Project Grand Totals want es wong i ! 10, ! SCHEDULED 10,249.00 1,167.00 3,830.00| 354.00 702.00: VALUE i 19,500.00: 1,969.00) ~ $50 854.06 00 $50,854.00 i CHANGE ORDERS PAGE 3.1 scene. a4_on A PROJECT: Seminole Trails Animal Hospital APPLICATION NUMBER: 06 CONTRACTOR'S PROJECT NO: 56006 APPLICATION DATE: _ 11/30/06 ARCHITECT'S PROJECT NO: PERIOD FROM: _ 11/1/06 To: _ 11/30/06 soggy [cee eee ee pe WORK COMPLETED TOTAL COMPLETE BALANCE | RETAINAGE ; : S APPLICATION’ | ANDSTORED ; % TOFINISH | PREVIOUS r en STORED TO DATE Gc (C6) Reais WORK IN PLACE. MATERIALS | (O+ErF) _ ree""9.00; 13,083.00 1,308.30 : 10,249.00! 1,024.90 1,167.00, 116.70) 3,830.00] i ; 3,830.00! 0.00: 354.00! | 354.00 0.00; 702.00) 702.00 0.00! 11 ,900.00} | 11,900.00 7,600.00 | 0.00 H 1,969.00 | 1,969.00 0.00 0.00} ' : : ' | ; ; | : i \ ! : i | : | f : | \ ' i ! | i | : i | i i t i i ! { 1 1 1 | i i i | | i i ' : i ! ! { | | : _ $28, 683. 00] $14, S71. 00! “$43, 254. 00 85%: 87, 600. 001 $2,449.91 $28,683. 00, $14,571.00) $43,254. 00. 85%: $7,600.00 $2,449.90: 141,814.00; 76%: 160,113.00! 51,476. 80) $126,385.00; 77% $167, 713.00; $53; 2670 ae Lr» WAIVER AND RELEASE OF LIEN FROM: Kenneth M. Tumiin TO: Douglas Williams Great Southern Contractors Douglas Paul Williams 807 South Orlando Avenue, Suite R 1491 E. SR 434 Winter Park, FL 32789 Winter Springs, FL 32708 i i | PROJECT NO.: 56006 CONTRACT DATE: PROJECT: Seminole Trails Animal Hospital i WHEREAS THE UNDERSIGNED contractor has provided labor,services, materials, or equipment for the above project, under an agreement with: Douglas Paul Williams PARTIAL WAIVER AND RELEASE: In consideration of partial payment for labor, services, materials, or | | equipment provided in the amount of: $115,203.60 , COVERING THE FOLLOWING APPLICATION FOR PAYMENT: Application No.: 06 Application Date: 11/30/06 Together with any previous payment(s) already received but excluding any retainage or any labor, services, materials, or equipment provided after the date of: 11/30/06 | THE UNDERSIGNED DOES HEREBY WAIVE AND RELEASE all bond claims, liens, claims, or right of claim, or right of lien, statutory or otherwise, against the property, project, Owner, or any other person or | entity who is or may be claimed to be liable, or any sureties, for labor, services, materials, or equipment, as provided by the Undersigned, but only to the extent of payment received, as indicated above. | | UNCONDITIONAL RELEASE: Upon receipt of payments as indicated above the undersigned will grant ‘|| this release unconditionally. | State of: FL County of: ORANGE Subscribed And Sworn To Before Me This November 22, 2006 THE PERSON SIGNING below does hereby certify that he/she is full authorized and empowered to execute this instrument and to bind the Undersigned "hereto, and does in fact so execute this instrument. UNDSEY A. SHAW Comm# 000591166 Expires 8/31/2010 Floride Notary Assn, ing eunreaousveneensouseqesecnensesen: Great Southern Contractors 807 South Orlando Avenue, Suite R i Winter Park, FL 32789 \ Notary Public: = Don King's Concrete, Inc. 400 West State Road 434, Oviedo, Fiorid Phone 407/ 977-9001 Fax 407/ 977-9 JOB NAME: Seminole Trail Animal Ho JOB #: 1430 fol; ae Request for Payment No: 4 Application Date: 4/16/2007 Period from: 12/01/2006 Period to: 1/30/2007 PREVIOUS APPLICATIONS DESCRIPTION OF ACCT | SCHEDULED 51,820.00 1,100.00 6,800.00 1,300.00 51,820.00 1,100.00 Dumpster Enclosure Building Sidewalks Site Sidewalks 8,740.00 CO #1 - Add'l course of block 0.00 CO #2: = interior Footer r- 0.00 0.00 RCO #5 - Wheel Ramp 1,266.00 0.00 $69,760.00 WORK COMPLETED MRE IAL THIS PERIOD 460.00 3,414.00 1,154.60 150.00 1,266.00 age tof TOTAL STORED & COMPLETED | % COMPL. TO DATE BALANCE TO FINISH RETAINAGE, saa igiion s Bury uod 51,820.00 aT 4,100.00 6,800.00 4,300.00 130.00 , 9,200.00 920.00 3,414.00 341.40 1,154.60 115.46 150.00 15.00 1,266.00 126.60 11/86/2886 88:36 487696753 GREAT SOUTHERN CONTR PAGE 82/82 CHANGE ORDER Contractor: Great Southem Contractors Project: Seminovle Trails Animai Hospitai Change Order: #) Date: November 1, 2006 Subcontractor: Don King's Concrete, Inc. Description of Change(s): Add Interior Bearing Footer A) Add an interior bearing footer to an existing slab on grade per drawing from, BEC dated 10/15/06, sheet SK-S2 ; $1754.60 Item affected: Reinforcing Steel Ready Mix Concrete Demolition Labor Footer prep & pour labor Great southern Contractors will have repair area clear of any vertical walls and debris before DKC begin repair work. : Andy Wasson Sr. Project Manager Don King’s Concrete, Inc. This change order is acceptable and DKC can begin construction: Date: ’ Signature of authorized person accepting terms and conditions Printed name of authorized person PA

Docket for Case No: 10-000001

Issue Date	Proceedings
Mar. 04, 2010	Transmittal letter from Claudia Llado forwarding a Transcript of the Proceedings, to the agency.
Mar. 02, 2010	Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Feb. 26, 2010	Motion to Relinquish Jurisdiction filed.
Feb. 25, 2010	Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for April 13, 2010; 9:30 a.m.; Orlando and Tallahassee, FL).
Feb. 15, 2010	Tumlin's Response to Petitioner's Case Status Report filed.
Feb. 15, 2010	Petitioner's Case Status Report filed.
Feb. 08, 2010	Transcript of Proceedings filed.
Jan. 26, 2010	Order on Pending Motions.
Jan. 21, 2010	CASE STATUS: Motion Hearing Held.
Jan. 21, 2010	Amended Motion to Dismiss Administrative Complaint or in the Alternative Motion to Quash filed.
Jan. 21, 2010	Reply to Petitioner's Response to Motion to Dismiss Administrative Complaint filed.
Jan. 19, 2010	CASE STATUS: Pre-Hearing Conference Held.
Jan. 19, 2010	Petitioner's Memorandum of Law in Supplement to Response to Respondent's Motion to Dismiss (filed in Case No. 10-000002).
Jan. 14, 2010	CASE STATUS: Pre-Hearing Conference Held.
Jan. 13, 2010	Order Re-scheduling Hearing by Video Teleconference (hearing set for March 22 through 26, 2010; 9:30 a.m.; Orlando and Tallahassee, FL).
Jan. 13, 2010	Petitioner's Response to Objection to Motion to Consolidate filed.
Jan. 13, 2010	Respondent's Objection to Petitioner's Motion to Consolidate filed.
Jan. 13, 2010	Order of Consolidation (DOAH Case Nos. 09-6015, 10-0001, 10-0002).
Jan. 12, 2010	Petitioner's Notice of Deposition of Expert Witness (of B. Mathews) filed.
Jan. 12, 2010	Petitioner's Request for Hearing on the Motions filed.
Jan. 12, 2010	Petitioner's Response to Respondent's Response to Initial Order filed.
Jan. 12, 2010	Respondent's Response to Initial Order filed.
Jan. 07, 2010	Petitioner's Motion to Consolidate Cases filed.
Jan. 07, 2010	Order of Pre-hearing Instructions.
Jan. 07, 2010	Notice of Hearing (hearing set for March 22, 2010; 9:00 a.m.; Orlando, FL).
Jan. 06, 2010	Petitioner's First Request for Admissions to Respondent filed.
Jan. 06, 2010	Petitioner's Notice of Appearance of Co-Counsel filed.
Jan. 06, 2010	Petitioner's Notice of Service of First Set of Interrogatories filed.
Jan. 05, 2010	Unilateral Response to Initial Order filed.
Jan. 04, 2010	Initial Order.
Jan. 04, 2010	Administrative Complaint filed.
Jan. 04, 2010	Election of Rights filed.
Jan. 04, 2010	Agency referral filed.
	CASE STATUS: Pre-Hearing Conference Held.