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Exhibit 10.6
XXXXXX HOMES, INC.
SUBCONTRACTOR AGREEMENT
THIS AGREEMENT, made this 5th day of October, 1998, by and between XXXXXX HOMES,
INC., hereinafter called the Contractor, and INTEGRATED HOMES, hereinafter
called the Subcontractor, Address: 0000-X X. Xxxxxxxx Xxxx Xxxx, Xxxx Xxxxx,
XX 00000, Telephone Number: (000) 000-0000, and Fax Number: (000) 000-0000.
WITNESSETH:
WHEREAS, copies of this Prime Contract are on file in the office of the
Contractor and are available for examination by the Subcontractor; and
WHEREAS, the Subcontractor desires to provide materials and/or labor to
Contractor to facilitate construction of residences,
NOW THEREFORE, it is agreed as follows:
Section 1. CONTRACT DOCUMENTS.
(a) The term "Prime Contract" as used herein refers to all the general
terms and conditions that govern the procedures, conduct and performance of the
parties to this contract.
(b) Subcontractor, by signing this Agreement, acknowledges that it has
independently assured itself that all of the Prime Contract documents have been
available to it and confirms that it has examined all such documents and agrees
that all of the aforesaid Prime Contract documents shall be considered a part of
this Subcontract by reference thereto and the Subcontractor agrees to be bound
to the Contractor by the terms and provisions thereof so far as they apply to
the Work hereinafter described, unless otherwise provided herein. Attached as
Exhibits to this Prime Contract will be executed documents establishing the
Scope of Work for each residence including, but not limited to, specifications,
unit pricing (if applicable), total pricing per residence, etc.
(c) Also attached to this Prime Contract shall be Subcontractor's Insurance
Certificates as provided for in Section 8 of this Agreement.
Section 2. THE WORK.
The Subcontractor agrees to furnish all supervision, labor, tools, equipment,
materials and supplies necessary to perform, and to perform, the following
described work (hereinafter called the Work in accordance with the terms and
conditions of the Prime Contract and this Subcontract:
SECURITY/LOW VOLTAGE/CENTRAL VACUUM
Materials furnished but not installed by Subcontractor shall be delivered F.O.B.
jobsite unless otherwise provided the Additional Provisions of the Subcontract.
Section 3. PAYMENT.
(a) The Contractor agrees to pay the Subcontractor for the performance of
the Subcontract as specified in the attached addendum for the work specified
therein and shall be adjusted as required by differences between estimated and
actual quantities for unit price Work items and subject to additions and
deductions for changes agreed upon or determined, as hereinafter provided. Such
changes to the Scope of Work or changes to the quantity of units estimated must
be approved by Contractor prior to installation. Failure to do so may release
Contractor from payment obligations.
(b) All invoices for work completed, approved and received in the business
office by the first (1st) day of the month shall be paid on the fifteenth (15th)
day of the same month; all invoices for work completed, approved and received in
the business office by the fifteenth (15th) day of the month shall be paid on
the first (1st) day of the following month. If the first (1st) or fifteenth
(15th) day of the month falls on a holiday or weekend, all invoices must be
received by the preceding business day. If the first (1st) or fifteenth (15th)
day of the month falls on holiday or weekend, all payments shall be made on the
following business day.
(c) Upon complete performance of this Subcontract by the Subcontractor and
final approval and acceptance of the Subcontractor's Work by the Owner, the
Contractor will make final payment to the Subcontractor of the balance due to it
under this Subcontract.
(d) The Contractor may deduct from any amounts due or to become due to the
Subcontractor any sum or sums owed by the Subcontractor or Subcontractor's
affiliated entities to the Contractor or Contractor's affiliated entities; and
in the event of any breach by the Subcontractor of any breach by the
Subcontractor of any provision or obligation of this Subcontract, or in the
event of the assertion by other parties of any claim or lien against the
Contractor or the premises arising out of the Subcontractor's performance of
this Subcontract, the Contractor shall have the right to retain out of any
payments due or to become due to the Subcontractor
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an amount sufficient to completely protect the Contractor from any and all loss,
damage or expense therefrom, until the situation has been satisfactorily
remedied or resolved by the Subcontractor.
Section 4. CHANGES.
(a) The Contractor may at any time by written order of Contractor's
authorized representative, and without notice to the Subcontractor's sureties,
make changes in, additions to and omission from the Work to be performed under
this Subcontract, and the Subcontractor shall promptly proceed with the
performance of this Subcontract as so changed.
(b) For changes directed by the Contractor, Subcontractor shall be
entitled to equitable adjustment in the Subcontract price, provided
Subcontractor gives Contractor written notice of its intent to claim such an
adjustment prior to performing such changed Work. Failure to provide such notice
shall be deemed to prejudice the Contractor and constitute a waiver of such
claims by Subcontractor.
Section 5. PROSECUTION OF WORK.
(a) The Subcontractor shall furnish all labor, supervision, tools,
equipment, materials and supplies necessary for the performance of this
Subcontract in a proper, efficient and workmanlike manner. The Subcontractor
shall prosecute the Work undertaken in a prompt and diligent manner whenever
such Work, or any part of it, becomes available, or at such other time or times
as the Contractor may direct, and so as to promote the general progress of the
entire construction, and shall not, by delay or otherwise, interfere with or
hinder the Work of the Contractor or any other Subcontractor. Any materials that
are to be furnished by the Subcontractor hereunder shall be furnished in
sufficient time to enable the Subcontractor to perform and complete its Work
within the time or times provided for herein. The time of performance of the
Work by the Subcontractor is of the essence and Subcontractor agrees to
reimburse the Contractor for any and all liquidated or actual damages that may
be assessed by the Owner against and collected from the Contractor which are
attributable to or caused by the Subcontractor's failure to perform the Work
required by this Subcontract within the time fixed or in the manner provided for
herein. Subcontractor also agrees to pay to the Contractor any increased costs
or other damages the Contractor may sustain by reason of such delay by the
Subcontractor whether or not liquidated or actual damages are assessed and
collected by the Owner. The payment of such damages shall not release the
Subcontractor from its obligation to otherwise fully perform this Subcontract.
Upon written request by the Contractor, the Subcontractor shall furnish to the
Contractor such evidence as the Contractor may require relating to the
Subcontractor's ability to fully perform this Subcontract in the manner and
within the time specified herein.
(b) In the event the Subcontractor fails to comply or becomes disabled from
complying with the provisions herein as to character or time of performance,
including, but not limited to, job safety, payment for all materials furnished
and Work and labor performed under this Subcontractor, and the failure is not
corrected within five (5) days after written request by the Contractor to the
Subcontractor, the Contractor, by Subcontract or otherwise, may without
prejudice to any other right or remedy, terminate this Subcontract for default
and take over and complete the performance of this Subcontract at the expense of
the Subcontractor, or without terminating the Subcontract, take over the Work or
any portion thereof and furnish such materials and employ such workers as may be
necessary to remedy the situation at the expense of the Subcontractor. If the
Contractor takes over the Work or terminates the Subcontract pursuant to this
paragraph, it is specifically agreed that the Contractor may, in addition to any
other rights it may have, take possession of the premises and of all materials,
tools and equipment of the Subcontractor at the Project site for the purpose of
completing the Work covered by this Subcontract.
(c) The Subcontractor shall keep, on the Project site during the progress
of the Work, a competent superintendent who shall be the authorized
representative of the Subcontractor. Directions and communications to the
superintendent from the Contractor in connection with the Work shall be treated
as directions and communications from the Subcontractor.
(d) It is recognized that if Subcontractor becomes insolvent, or institutes
or has instituted against it bankruptcy proceedings, or makes a general
assignment for the benefit of creditors, or if a receiver is appointed for the
benefit of its creditors, or if a receiver is appointed on account of its
insolvency, such event or events could impair or frustrate Subcontractor's
performance of the Subcontract. Accordingly, it is agreed that upon the
occurrence of any such event, Contractor shall be entitled to request of
Subcontractor or its receiver or court-appointed successor adequate assurances
of future performance. Pending receipt of adequate assurances of performance and
actual performance in accordance therewith, Contractor shall be entitled to take
over the Work pursuant to the provisions of Subsection 6(b) above without notice
to Subcontractor.
(e) The Subcontractor agrees that the Contractor may, on five (5) days
written notice to the Subcontractor, terminate this Subcontract in whole or in
part for the Contractor's convenience. Subcontractor's remedy for termination
for convenience is limited to the following: (1) Subcontractor shall be entitled
to be paid pursuant to the prices set forth in Section 2 hereof for all Work
properly performed prior to termination, (2) Partial payment shall be made for
lump sum items of Work on the basis of the percent complete of such items at the
time of termination, (3) The Subcontractor shall be reimbursed for reasonable
close-out costs, and (4) Subcontractor shall not be entitled to any compensation
for loss of anticipated profits or unallocated overhead.
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(f) Upon a determination by a court of competent jurisdiction that
termination of Subcontractor or its successor in interest pursuant to any
provision of this Subcontract was wrongful, such termination will be deemed
converted to a termination for convenience and the Subcontractor's remedies
shall be limited to those set forth in Subsection 6(e).
Section 6. DELAYS.
In the event the Subcontractor's performance of this Subcontract is delayed or
interfered with by acts of the Contractor or other subcontractors, it may
request an extension of the time for the performance of same, as hereinafter
provided, but shall not be entitled to any increase in the Subcontract price or
to damages or additional compensation as a consequence of such delays or
interference.
Section 7. APPROVALS.
All drawings, specifications and samples of the Subcontractor shall be submitted
through the Contractor for approval of the Owner or Owner's Representative and
all other communications between the Subcontractor and the Owner or Owner's
Representative with respect to the Work shall be transmitted through the
Contractor.
Section 8. INSURANCE.
Prior to commencement of Work, Subcontractor shall procure and at all times
thereafter maintain with insurers acceptable to Contractor the following minimum
insurance protecting the Subcontractor, Owner, and Contractor against liability
from damages because of injuries, including death, suffered by persons,
including employees of the Subcontractor, and liability from damages to property
arising from and growing out of the Subcontractor's operations, including its
sub-subcontractors' and suppliers' operations, in connection with the
performance of this Subcontract.
(a) Comprehensive General Liability
Bodily Injury including personal injury
(Limits - $500,000/Occurrence - $500,000 aggregate)
Property Damage
(Limits - $500,000/Occurrence - $500,000 aggregate or $1,000,000
combined single limit)
Premises Operations, "X.C.U." where applicable, Products/Completed
Operations, Contractual Liability, Broad Form Property Damage and
Independent Contractors.
(b) Comprehensive Automobile Liability (including Owned, Hired and
Non-Owned Vehicles)
Bodily Injury
(Limits - $250,000/person - $500,000/accident)
Property Damage
(Limits - $500,000/accident or $1,000,000 combined single limit)
Subcontractor shall provide Contractor with certificates evidencing such
insurance as outlined above prior to beginning any Work under this agreement.
Such certificates shall provide for thirty (30) days advance written notice to
Contractor of cancellation, material change, reduction of coverage or
non-renewal. Subcontractor shall name Xxxxxx Homes, Inc. as additionally
insured. Failure to do so may cause any and all payment to be held until
requirements are met. Subcontractor shall also cause its subcontractor(s) to
procure insurance as outlined above. Subcontractor shall obtain policies or
certificates for its sub-subcontractor(s) and deliver them to Contractor, if
requested to do so.
Section 9. INDEMNIFICATION.
The Subcontractor further specifically obligates itself to the Contractor and
any other party required to be indemnified under this Prime Contract, jointly
and separately, in the following respects, to-wit:
(a) to defend and indemnify them against and save them harmless from any
and all claims, suits, liability, expense or damage for any alleged or actual
infringement or violation of any patent or patented right, arising in connection
with this Subcontract and anything done thereunder;
(b) to defend and indemnify them against and save them harmless from any
and all claims, suits or liability for damages to property including loss of use
thereof, injuries to persons, including death, and from any other claims, suits
or liability on account of acts or omissions of Subcontractor, or any of its
sub-subcontractors, suppliers, officers, agents, employees or servants, whether
or not caused in part by the active or passive negligence or other fault of a
party indemnified hereunder; provided, however, Subcontractor's duty hereunder
shall not arise if such claims, suits or liability, injuries or death or other
claims or suits are caused by the sole negligence of a party indemnified
hereunder unless otherwise provided in the Prime Contract. Subcontractor's
obligations hereunder shall not be limited by the provisions of any Workers'
Compensation at or similar;
(c) to pay for all materials furnished and Work and labor performed under
this Subcontract, and to satisfy the Contractor thereupon whenever demand is
made, and to defend and indemnify the Contractor, Owner and other indemnified
parties against and save them and premises harmless from any and all claims,
suits or liens therefor by others than the Subcontractor;
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(d) to obtain and pay for all permits, licenses and official inspections
necessary for its Work, and to comply with all laws, ordinances and regulations
bearing on the Work and the conduct hereof;
(e) the Subcontractor warrants and guarantees the Work covered by this
Subcontract and agrees to make good, at its own expense, any defect in materials
or workmanship which may occur or develop prior to the Contractor's release from
responsibility to the Owner therefor;
The Subcontractor shall defend and indemnify the Contractor, Owner and other
indemnified parties against, and save them harmless from, any and all loss,
damage, costs, expenses and attorneys' fees suffered or incurred on account of
any breach of the aforesaid obligations and covenants, and any other provision
or covenant of this Subcontract. Notwithstanding the above, Contractor, at its
sole discretion, reserves the right to defend any one or all of the following:
the Owner, other indemnified parties, Contractor's surety and itself. Such
election to defend by Contractor shall not in any way limit Subcontractor's
responsibility to indemnify and hold harmless as provided herein.
Section 10. LIENS AND CLAIMS.
Subcontractor shall, as and when requested, furnish evidence satisfactory to the
Contractor, Owner and Owner's Representative that all amounts due for labor and
material furnished the Subcontractor in connection with performance of this
Subcontract have been paid, including union health, welfare and pension fund
payments and payroll taxes. Such evidence shall be furnished in such form and
manner as requested by Contractor, and all statements relative thereto shall, if
called for by Contractor, be made by sworn affidavit. Subcontractor shall
furnish to Contractor releases of bond rights and lien rights by persons who
have furnished labor, material or other things in the performance of this
Subcontract, it being agreed that payment of money otherwise due Subcontractor
need not be made by Contractor until such releases are furnished. Subcontractor
shall deliver its Work free from all claims, encumbrances and liens.
Section 11. POSSESSION PRIOR TO COMPLETION.
Whenever it may be useful or necessary for the Contractor to do so, the
Contractor shall be permitted to occupy and/or use any portion of the Work which
has been either partially or fully completed by the Subcontractor before final
inspection and acceptance thereof by the ultimate owner, but such use and/or
occupation shall not relieve the Subcontractor of its guarantee of said Work nor
of its obligation to make good at its own expense any defect in materials and/or
workmanship which may occur or develop prior to Contractor's release from
responsibility to the Owner.
Section 12. OTHER CONTRACTS.
It is understood and agreed that the Work provided for in this Subcontract
constitutes only a part of the work being performed by the Contractor and other
subcontractors. The Subcontractor, therefore, agrees to perform the Work called
for in this Subcontract in such a manner that it will not injure, damage or
delay any supplier, and further agrees to pay or reimburse the Contractor for
any additional costs, damage or delay that may be caused to such other work of
the Contractor, subcontractors or suppliers, by the Subcontractor or by its
agents or employees.
Section 13. INDEPENDENT CONTRACTOR.
The Subcontractor specifically agrees that it is, or prior to the start of the
Work will become, and will remain during the performance of this Subcontract, an
independent contractor.
Section 14. COMPLIANCE WITH LAW.
The Subcontractor agrees to fully comply with all applicable laws, building
codes, ordinances and regulation including, but not limited to, any and all
details as outlined in Exhibit A, "Job Site Conditions/Restrictions" attached
hereto.
Section 15. SAFETY.
The Subcontractor shall take all reasonable safety precautions pertaining to its
Work and the conduct thereof. Without limiting the generality of the foregoing,
it shall comply with all applicable laws, ordinances, rules, regulations and
orders issued by any public or governmental body or authority, whether federal
or otherwise, including, but not limited to, occupational safety and health
legislation and, in addition, the safety measures called for by the Contractor.
Subcontractor shall be required to:
(a) conduct regularly scheduled safety meetings.
(b) conduct on-the-job safety inspections and reviews to determine
compliance with all applicable safety standards.
(c) inform Contractor immediately of any injuries incurred during the
performance of any work specified in this agreement.
(d) inform all employees as to the dangers, penalties and consequences of
drugs and alcohol.
It should also be stated that this Contract may be terminated by Contractor as
specified in Xxxxxxx 0, Xxxxxxxxx (x) and for the following reasons:
(1) repeated safety violations.
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(2) Subcontractor's employees have been found to be under the influence of
drugs and/or alcohol or are found to be in possession of same.
(3) theft of materials.
Section 16. PROTECTION OF WORK.
The Subcontractor specifically agrees that it is responsible for the protection
of its Work until final completion and acceptance thereof by the Owner and that
the Subcontractor will make good or replace, at no expense to the Contractor or
the Owner, any damage to its Work which occurs prior to said final acceptance.
Section 17. DISPUTES.
(a) In case of any disputes between the Subcontractor and the Contractor,
Subcontractor agrees to be bound by the terms of this Contract and by any and
all decisions or determinations made thereunder by the party or board as
authorized in this Contract. It is agreed that in the event this Contract
contains a provision, hereinafter called "Disputes" clause, whereby claims may
be resolved under an administrative procedure or by arbitration, then as to any
claims of Subcontractor for or on account of acts or omissions of Owner or
Owner's Representative which are not disposed of by agreement, the Contractor
agrees to present to the Owner, in Contractor's name, all of Subcontractor's
claims for additional monetary compensation or time extension, and to further
invoke, on behalf of the Subcontractor, those provisions in the Prime Contract
for determining disputes. Contractor shall have the option to present such
claims on Subcontractor's behalf, in advance of and even without Subcontractor's
written request. Subcontractor shall have full responsibility for preparation
and presentation of such claims and shall bear all expenses thereof, including
attorneys' fees. Subcontractor agrees to be bound by the procedure and final
determinations as specified in any such Disputes clause, and agrees that it will
not take, or will suspend, any action or actions with respect to any such claims
and will pursue no independent litigation with respect thereto, pending final
determination under such Disputes clause. Subcontractor shall not be entitled to
receive any greater amount from Contractor than Contractor is entitled to and
actually does receive from the Owner on account of Subcontractor's Work, less
any markups or costs incurred by the Contractor and to which Contractor is
otherwise entitled, and Subcontractor agrees that it will accept such amount, if
any, received by Contractor from Owner as full satisfaction and discharge of all
claims for or on account of acts or omissions of the Owner or Owner's
Representative.
(b) Subcontractor shall be bound by Contractor's determination, made in
good faith, as to apportionment of any amounts received from Owner for claimants
including Contractor and other subcontractors, whose work is affected by any act
or omissions of the Owner or Owner's Representative.
(c) Should a dispute as to the proper interpretation of this Subcontract or
Work or material performed or finished hereunder, arise which concerns the
parties hereto only, or Subcontractor and other subcontractors and suppliers,
the same shall be decided by Contractor whose decision thereon shall be final
and conclusive.
(d) The Subcontractor shall proceed diligently with the Work, pending final
determination pursuant to any Disputes clause or pursuant to any other action
taken with respect to a claim or claims.
Section 18. ATTORNEY FEES.
In the event either party institutes suit in court against the other party or
against the surety of such party, in connection with any dispute or matter
arising under this Subcontract, the prevailing party shall be entitled to
recover reasonable attorney fees in addition to any other relief granted by the
court.
Section 19. TAXES.
Subcontractor shall pay all taxes, licenses and fees of every nature which may
be imposed or charged by any governmental authority upon the labor, material, or
other things used in the performance of the Work or upon the transaction between
Contractor and Subcontractor.
Section 20. CONTRACTOR'S EQUIPMENT.
In the event that Subcontractor by rental, loan or otherwise, makes use of any
of Contractor's equipment, scaffolding, or other appliances, Subcontractor
agrees to accept such "as is" and that such use shall be at the sole risk of
Subcontractor and Subcontractor agrees to defend, hold-harmless and indemnify
Contractor against all claims of every nature arising from its use thereof.
Section 21. FURNISHED MATERIAL.
In the event that the Contractor or Owner, or their suppliers or subcontractors,
elect to furnish material to the Subcontractor for use in connection with this
Subcontract, then the cost of handling, storing and installing such material
shall be considered as included in the Subcontract price. The Subcontractor
shall be and become responsible for all such materials upon delivery to it,
whether delivered F.O.B. point of origin or F.O.B. - jobsite (except that any
transportation charges paid by the Subcontractor, in the event of delivery
F.O.B. point of origin, shall be reimbursed to Subcontractor). Furnished
material lost or damaged from any cause whatsoever, shall be replaced by or at
the expense of the Subcontractor. Subcontractor shall, within forty-eight
(48) hours after delivery of furnished material, inspect the same and
immediately report, in writing, to the Contractor any shortages, damages or
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defects therein which are reasonable by proper inspection. Failure to inspect
and report as specified shall be treated as unqualified acceptance by
Subcontractor of the material involved.
Section 22. EQUAL OPPORTUNITY.
Although this Contract does not contain any specific provision which prohibits
discrimination on the basis of race, color, religion, sex, or national origin,
if any law, regulation or order applicable is applicable to this Subcontract,
then Subcontractor hereby agrees to comply with such law, regulation or order.
In the event that any such law, regulation or order requires the physical
attachment of specific wording to this Subcontract, then such attachments shall
be furnished by the Contractor and shall be considered a part of this
Subcontract by reference thereto or shall be physically attached thereto as
called for by the Contractor.
Section 23. CONTRACTOR'S REPRESENTATIVE.
The words "Contractor's Representative" as used herein include the Contractor's
design engineer, field superintendent, architect or any person or entity
appointed by the Contractor to supervise the work of the Contractor.
Section 24. ASSIGNMENT.
The Subcontractor shall obtain the written consent of the Contractor prior to
assigning or subletting any of the Work, in whole or in part. Subcontractor may
assign the proceeds of the Work after providing adequate assurances to
Contractor that all of its labor, suppliers and other creditors for the Work
will be paid and upon obtaining the consent of Subcontractor's surety and the
acknowledgment of the assignee on forms provided by the Contractor.
Section 25. PRIOR UNDERSTANDINGS OR REPRESENTATIONS.
The Contractor assumes no responsibility for any understandings or
representations made by any of its officers or agents prior to the execution of
this Subcontract, unless such understandings or representations by the
Contractor are expressly stated in this Subcontract.
Section 26. SEVERABILITY AND WAIVER.
The partial or complete invalidity of any one or more provisions of this
Subcontract shall not affect the validity or continuing force and effect of any
other provision. The failure of either party to insist, in any one or more
instances, upon the performance of any of the terms, covenants or conditions of
this Subcontract or to exercise any right herein, shall not be construed as a
waiver or relinquishment of such term, covenant, condition or right as respects
further performance.
Section 27. CAPTIONS.
The captions at the beginning of each Section of this Subcontract are for
convenience only and are to be given no weight in construing the provisions of
this Subcontract.
Section 28. NOTICES.
All notices shall be in writing addressed to the parties at the addresses set
out in this Subcontract unless subsequently changed in conformance with this
notice provision and shall be considered as delivered on the third business day
after the date of mailing if sent certified mail or when received in all other
cases, including telecopy or other printed electronic medium or personal
delivery.
Section 29. ADDITIONAL PROVISIONS.
See attached addendum(s).
IN WITNESS WHEREOF, the parties hereto have executed this Subcontract by their
proper officers or duly authorized agents.
BY: XXXXXX SIGNATURE HOMES, INC.
By:/s/ XXXXXX XXXX
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Xxxxxx Xxxx, Director of Construction & Development
Date:
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BY: INTEGRATED HOMES
By: /s/ President
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Name, Title
Date: 10/5/98
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XXXXXX HOMES, INC.
EXHIBIT A
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SCOPE OF WORK - SECURITY / LOW VOLTAGE / CENTRAL VACUUM
1. Subcontractor shall provide the necessary labor, materials, and equipment
to furnish and install a complete security system on all operating windows,
doors and sliding glass doors as shown on the plans and specifications,
wire the house for low voltage items as specified, and install a complete
central vacuum system (option). System(s) shall have the following items
(number of items will vary depending on plan type):
SECURITY SYSTEM
a. Coreact #1632 Security Panel with transformer
b. Telephone interface module
c. Battery back-up feature
d. Two (2) digital security keypads
e. One (1) inside siren as required
f. Magnetic contacts - all exterior, moveable doors and windows
g. Complete wiring of all components mentioned above
h. Security installation permit as required
LOW VOLTAGE
a. Wall mounted service center
b. Customized cover for service center
c. Two (2) 4-way cable splitters
d. Television/telephone jacks standard in each location
e. Modular dual television/telephone jacks for media center and master
bedroom
f. Telephone punch down block
g. Category 5 telephone wire
h. Quad shielded RG-6 television/video cable
CENTRAL VACUUM SYSTEM
a. M&S #AV2500 Central Vacuum System
b. Complete rou-in plastic piping for central system
c. Three (3) hose connection outlets
d. One (1) standard hose and one (1) standard nozzle
e. Central Vacuum installation permit as required.
2. System(s) to be tested with Contractor before acceptance. All work shall be
done in accordance with good construction practices and industry norm, and
shall be in conformance with all codes, local and state, and ordinances
having jurisdiction.
3. Bid prices shall include SALES TAX, DELIVERY, PERMITS and INSTALLATION.
4. When Subcontractor is contacted by Contractor's Customer Service
Department with regard to a warranty item (within one year of closing), it
shall be Subcontractor's responsibility to pick up the written service
ticket, complete the work and return the signed off service ticket within
seven (7) days.
5. Upon execution of this Contract, Subcontractor agrees to furnish a
complete list of his sub-subcontractors and material suppliers that will
be used during the execution of the work and agrees to furnish a Final
Waiver of Lien to Contractor for their work before final payment is made.
6. Subcontractor acknowledges that he has reviewed all plans and
specifications.
7. Subcontractor shall be responsible for clean up of all debris generated by
his work on a daily basis and to remove it to an area designated by
Contractor's Field Superintendent.
8. When Subcontractor is contacted by Contractor's Field Superintendent with
regard to a homeowners's walk-thru punch list, Subcontractor has seven (7)
days to complete the work and have it signed off by the homeowner.
9. Subcontractor shall designate a quality coordinator to inspect all work
prior to submitting any invoices for payment.
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XXXXXX HOMES, INC.
EXHIBIT B
JOB SITE CONDITIONS/RESTRICTIONS
Page 1 of 1
1. Work hours, including delivery of materials/supplies shall be Monday
through Friday during the hours of 7:00 a.m. to 6:00 p.m., and on
Saturday from 8:00 a.m. to 5:00 p.m.
2. Work is prohibited on Sundays and the following national holidays: New
Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and
Christmas.
3. No signs shall be allowed on site without prior written approval of
Contractor. All signs must be removed when the Certificate of Occupancy
is received.
4. Construction site shall be maintained in a clean and orderly condition
throughout the construction process. Subcontractor shall be responsible
for clearing all construction debris generated by his work and
depositing it in the dumpster provided by Contractor.
5. Loud radios or unnecessary noise are not permitted.
6. No alcoholic beverages or drugs of any kind are to be consumed by the
Subcontractor or any of his employees, sub-subcontractors, suppliers in
The Reserve.
7. No pets, animals of any kind, or small children shall be allowed on the
job site by Subcontractor or any of his employees, sub-subcontractors,
suppliers, etc.
8. Abusive language is not permitted on the job site.
9. Construction procedures and/or processes and equipment must not cause
damage or be a nuisance to neighboring property.
10. Any and all damage to common areas or roadways resulting from
construction activity will be the responsibility of the Subcontractor.
11. Subcontractor shall report any and all damage to existing work caused
by his employees, sub-subcontractors, suppliers, etc., to Contractor
or Contractor's Field Superintendent immediately.
12. Subcontractor may be backcharged by Contractor for failure to comply
with any and all of the above-stated conditions/restrictions and
backcharge shall be an amount set solely at Contractor's discretion.
8
9
XXXXXX HOMES, INC.
EXHIBIT C
PAYMENT SCHEDULE
Page 1 of 1
LOW
MODEL VOLTAGE SECURITY VACUUM
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Mid Ocean 550.00 495.00 625.00
Riviera 600.00 545.00 625.00
Castlerock 625.00 625.00 640.00
Wentworth 625.00 625.00 640.00
Pebble Beach 625.00 625.00 640.00
Birkdale 655.00 675.00 655.00
Troon 660.00 675.00 655.00
Augusta 670.00 680.00 670.00
Brookline 690.00 695.00 670.00
Xxxxxx Xxxxx "A" 370.00 435.00 590.00
Xxxxxx Xxxxx "B" 425.00 455.00 610.00
Xxxxxx Xxxxx "C" 425.00 400.00 610.00
Xxxxxx Xxxxx "D" 425.00 455.00 610.00
Totals include all applicable Federal, State and Local taxes.
This is a lump sum contract. Full payment shall be made upon 100% complete and
satisfactory performance of the work.
XXXXXX HOMES, INC.
By: /s/ XXXXXX X. XXXX
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Xxxxxx X. Xxxx, Director of Construction and Development
Date: 10/9/98
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INTEGRATED HOMES
By: /s/ President
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Name, Title
Date: 10/5/98
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