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Home My WebLink About4th Change Order 04/20/2005DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: April25, 2005 TO: Peter Horton, Manager Monroe County Airports ATTN. Bevette Moore Airport Business Administrator FROM. • Pamela G. Hancccf"Deputy Clerk At the April 20, 2005, Board of County Commissioner's meeting the Board granted approval and authorized execution of Change Order No. 4 between Monroe County and D. L. Porter Constructors, Inc. for the Hangar Development, Taxilanes and Apron Project at the Key West International Airport. Enclosed is a copy of the above -mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finanpe File CHANGE ORDER ALA DOCUMENT G701 PROJECT: Hangar Development, Taxilanes, (name, address) and Apron. Key West International Airport Key West, Florida TO CONTRACTOR: D.L. Porter Constructors, Inc. (name, address) 6574 Palmer Park Circle Sarasota, Florida 34238 The Contract is changed as follows: OWER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ OTHER ❑ CHANGE ORDER NUMBER: 4 DATE: April 1, 2005 ARCHITECT'S PROJECT NO: CONTRACT DATE: 03-19-04 CONTRACT FOR: $ 3,244,670.21 1) General conditions costs due to permit delay ..........................................$ 57,562.95 2) Removal of steel tank, unsuitable material, and fill electric duct banks ....... $ 50,749.49 3) Market steel increase price....................................................................$ 42,794.71 4) Cost for erector subcontractor replacement due to permit delays ..............$ 11,312.00 Total .................. $162,419.15 "See attached back up" Not valid until signed by the Owner, Architet and Contractor. The original (Contract Sum) (Guaranteed Maximum Price) was ....................................................... $ 3.244 670.21 Net change by previously authorized Change Orders........................................................................... $ (18 987.46) The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was ....................$ 3.225 682.75 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged) by this Change Order in the amount of............................................................................ $ 162,419.15 C) `;:, L;.n - The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be ... $ 3.3 88101.90 ;:0� w" �r The Contract Time will be (increased) (unchanged) by thirty (30) calendar days n t-- ry - n The date of Substantial Completion as of the date of this Change Order therefore is May 29, 2005 C n NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Ma riceFwhiclFhave been authorized by Construction Change Directive. "*t` r C7CZ r - �� ENGI ER C NTRACTOR URS C rporation D.L. Porter Constructors, Inc Monroe County Address Address Address 7650 Corporate Center Drive 6574 Palmer Park Circle Suite 400 Sarasota, Florida 34238 Miami, F133126-1220 BY Andres Gutierrez PE BY F n , //i &VAIW /��Y Dixie M. Spehar, Mayor DATE April 1, 2005 DATE y/r �G , D ril 20, 2004 F\keywest\hangar\t-hangar project\ch4.doc-G�LJl �, CAUTION: You should sign an original AIA document that has th' n red. An original assures that changes will not be obscured as may occur when doc 8pe a d. AIA DOCUMENT G701 - CHANGE ORDER • 1987 EDITION • AIA - 01992 - TIIE. AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. NW, WASIIINGTON D.C. 20006 v m 0 O o �(7) 0 � ? a �� O N o rn H z 1' r- rn co w U =_ r Q z V� 0 j 0 0 0 LO 0ooLnm 0 0 o m m LOOU)f`N r J m N N � r- F-�to �Q p U', U o V ® w or) m 6 a9 N ID O a f w F" m w o O w CO 0 ci w w W D Xx co W �p : w = I- O O O O 0C) -mo w o F- Q to LLi CO) N N L Z (jr CL 0 d co ) J > O w w G a 0 LL i U o m O = CO 4- w _ �a a 0 a aQ o Z a w Z o C.)a L ,U ) `c V L r t `a Nr I.L. PORTER CONSTRUCTORS, INC. OB: 0402 KWIA Hangar Development ** JOB COST & BILLING DETAIL ** Page 1 For Codes: First to 01930 03/30/05 For Dates: 10/01/04 - 02/18/05 EF # JR DATE DOCUMENT DESCRIPTION LABOR MATERIAL SUBCON EQUIP OTHER BILLINGS * BASE BUDGET ** ODE: 01060 Project Manager 07-0001 PS 10/08/04 20.00 hr + 36% Burd Steven R. Kanthack 27-0001 PS 10/15/04 20.00 hr + 36% Burd Steven R. Kanthack 49-0001 PS 10/22/04 20.00 hr + 36% Burd Steven R. Kanthack 66-0001 PS 10/29/04 20.00 hr + 36% Burd Steven R. Kanthack 91-0001 PS 11/05/04 20.00 hr + 36% Burd Steven R. Kanthack 26-0001 PS 11/12/04 20.00 hr + 36% Burd Steven R. Kanthack 66-0001 PS 11/19/04 20,00 hr + 36% Burd Steven R. Kanthack 88-0001 PS 11/26/04 20.00 hr + 36% Burd Steven R. Kanthack 08-0001 PS 12/03/04 20.00 hr + 36% Burd Steven R. Kanthack 36-0001 PS 12/09/04 20.00 hr + 36% Burd Steven R. Kanthack 38-0001 PS 12/09/04 -20.00 hr + 36% Burd Steven R. Kanthack 45-0001 PS 12/09/04 20.00 hr + 36% Burd Steven R. Kanthack 33-0001 PS 12/10/04 20.00 hr + 36% Burd Steven R. Kanthack 60-0001 PS 12/17/04 20.00 hr + 36% Burd Steven R. Kanthack 82-0001 PS 12/24/04 20.00 hr + 36% Burd Steven R. Kanthack 08-0031 AP 12/26/04 Inv# dec04-02 Kanthack, Steven R. 01-0001 PS 12/31/04 20.00 hr + 36% Burd Steven R. Kanthack 41-0001 PS 01/07/05 40.00 hr + 36% Burd Steven R. Kanthack 63-0001 PS 01/14/05 40.00 hr + 36% Burd Steven R. Kanthack 63-0001 PS 01/14/05 32.00 hr + 36% Burd Andrew D. Brunner 96-0001 PS 01/14/05 -32.00 hr + 36% Burd Andrew D. Brunner 98-0001 PS 01/14/05 40.00 hr + 36% Burd Andrew D. Brunner )9-0001 PS 01/21/05 16.00 hr + 36% Burd Andrew D. Brunner ?5-0001 PS 01/28/05 8.00 hr + 36% Burd Andrew D. Brunner ?5-0004 PS 01/28/05 Payroll- Expense 49-0001 PS 02/04/05 20.00 hr + 36% Burd Andrew D. Brunner 37-0001 PS 02/11/05 24.00 hr + 36% Burd Andrew D. Brunner )3-0001 PS 02/18/05 24.00 hr + 36% Burd Andrew D. Brunner )DE 01060 TOTALS: LABOR HOURS: 492.00 COST TOTALS: 25391.43 )DE: 01070 General Labor )7-0001 PS 10/08/04 8.00 hr + 36% Burd Craig Allen )7-0001 PS 10/08/04 8.00 hr + 36% Burd Michael W. Teyshak 35-0009 AP 12/01/04 Inv# 04-S-1128 Payne, Sanders, '.0-0017 AP 01/04/05 Inv# 04-s-1138 Payne, Sanders, '4-0006 AP 02/07/05 Inv# 05-S-1019 Payne, Sanders, 0 -0001 PS 02/11/05 10.00 hr + 36% Burd Brad A. Manley 1020.00 1020.00 1020.00 1020.00 1020.00 1020.00 1020.00 1020.00 1020.00 1360.00 1360.00 1360.00 1020.00 1020.00 1020.00 200.00 1020,00 2040.00 2040.00 1496.00 -1496.00 1870.00 768.94 384.47 200.00 961.20 1153.41 1153.41 24991.43 0.00 0.00 0.00 400.00 209.44 201.28 401.20 )DE 01070 TOTALS: LABOR HOURS: 26.00 COST TOTALS: 8007.70 81.1.92 )DE: 01310 Engineering Fees 7-0024 AP 01/27/05 Inv# 012705-402 Florida Building 2741..25 1552.03 2902.50 0.00 2741.25 0.00 4454.53 5940.00 0.00 0.00 .L, PORTER CONSTRUCTORS, INC. ** JOB COST & BILLING DETAIL ** Page 2 For Codes: First to 01930 03/30/05 For Dates: 10/01/04 - 02/18/05 OB: 0402 KWIA Hangar Development EF # JR DATE DOCUMENT DESCRIPTION LABOR MATERIAL SUBCON EQUIP OTHER BILLINGS ODE 01310 TOTALS: COST TOTALS: 5940.00 0.00 0.00 0.00 0.00 5940.00 0.00 ODE: 01390 Superintendent Fees 93-0001 PS 10/01/04 30.00 hr + 36% Burd John C. Roderiques III 1306.62 07-0001 PS 10/08/04 40.00 hr + 36% Burd John C. Roderiques III 1742.15 27-0001 PS 10/15/04 40.00 hr + 36% Burd John C. Roderiques III 1742.15 49-0001 PS 10/22/04 40.00 hr + 36% Burd John C. Roderiques III 1742.15 66-0001 PS 10/29/04 40.00 hr + 36% Burd John C. Roderiques III 1742.15 91-0001 PS 11/05/04 32.00 hr + 36% Burd John C. Roderiques 111 1393.72 91-0004 PS 11/05/04 Payroll- Expense 500.00 26-0001 PS 11/12/04 40.00 hr + 36% Burd John C. Roderiques III 1742.15 66-0001 PS 11/19/04 40.00 hr + 36% Burd John C. Roderiques III 1742.15 38-0001 PS 11/26/04 40.00 hr + 36% Burd John C. Roderiques III 1742.15 08-0001 PS 12/03/04 40.00 hr + 36% Burd John C. Roderiques III 1742.15 08-0004 PS 12/03/04 Payroll- Expense 500.00 36-0001 PS 12/09/04 10.00 hr + 36% Burd John C. Roderiques I11 1020.00 38-0001 PS 12/09/04 -10.00 hr + 36% Burd John C. Roderiques III -1020.00 45-0001 PS 12/09/04 10.00 hr + 36% Burd John C. Roderiques III 1020.00 33-0001 PS 12/10/04 40.00 hr + 36% Burd John C. Roderiques III 1742.15 30-0001 PS 12/17/04 40.00 hr + 36% Burd John C. Roderiques III 1742.15 32-0001 PS 12/24/04 40.00 hr + 36% Burd John C. Roderiques III 1742.15 )1-0001 PS 12/31/04 40.00 hr + 36% Burd John C. Roderiques III 1742.15 41-0001 PS 01/07/05 40.00 hr + 36% Burd John C. Roderiques III 1742.15 11-0004 PS 01/07/05 Payroll- Expense i3-0001 PS 01/14/05 40.00 hr + 36% Burd John C. Roderiques III 1742.15 500.00 53-0001 PS 01/14/05 8.00 hr + 36% Burd Andrew D. Brunner 374.00 )6-0001 PS 01/14/05 -8.00 hr + 36% Burd Andrew D. Brunner -374.00 )9-0001 PS 01/21/05 40.00 hr + 36% Burd John C. Roderiques III 1742.15 ?5-0001 PS 01/28/05 11.00 hr + 36% Burd Brad A. Manley 441.32 ?5-0001 PS 01/28/05 40.00 hr + 36% Burd John C. Roderiques III 1742.15 19-0001 PS 02/04/05 40.00 hr + 36% Burd John C. Roderiques I11 1742.15 i7-0001 PS 02/11/05 40.00 hr + 36% Burd John C. Roderiques III 1742.15 )3-0001 PS 02/18/05 40.00 hr + 36% Burd John C. Roderiques 111 1742.15 )DE 01390 TOTALS: LABOR HOURS: 843.00 COST TOTALS: 38762.51 37262.51 0.00 0.00 0.00 1500.00 0.00 )DE: 01400 Plan Costs 2 -0019 AP 01/06/05 Inv# 087272 Benchmark Blueprinting 2 -0017 AP 01/10/05 Inv# 087549 Benchmark Blueprinting 50.08 6-0004 PS 01/14/05 Payroll- Expense 33.49 55.62 )DE 01400 TOTALS: COST TOTALS: 139.19 0.00 0.00 0.00 0.00 139.19 0.00 )DE: 01410 Temporary Office 12-0044 AP 10/06/04 Inv# 100604-02 Benson Electric 9-0005 AP 11/08/04 Inv# 110804-06 Benson Electric 338.64 169.32 I.L. PORTER CONSTRUCTORS, INC. ** JOB COST & BILLING DETAIL ** Page 3 For Codes: First to 01930 03/30/0 For Dates: 10/01/04 - 02/18/05 !OB: 0402 KWIA Hangar Development 'EF # JR DATE DOCUMENT DESCRIPTION LABOR MATERIAL SUBCON EQUIP OTHER I BILLINGS 85-0008 AP 12/15/04 Inv# DLP121504 64-0059 AP 01/21/05 Inv# DLP0121-01 ODE 01410 TOTALS: ODE: 01420 Temporary Toilet Benson Electric Benson Electric COST TOTALS: 846.60 0.00 Lb- MM AN iuiuiiu4 Inv# 0130111-10 98-1 Waste Management Of FL 92-0021 AP 11/01/04 Inv# 0132445-10 98-1 Waste Management Of FL 17-0053 AP 12/01/04 Inv# 0137836-10 98-6 Waste Management Of FL 83-0009 AP 01/01/05 Inv# 0138800-10 98-1 Waste Management Of FL 64-DO05 AP 02/01/05 Inv# 0142826-10 98-0 Waste Management Of FL ODE 01420 TOTALS: COST TOTALS: 790.66 ODE: 01440 Temporary Electric 69-0040 AP 10/21/04 Inv# 102104-01 Benson Electric 85-0007 AP 12/14/04 Inv# DLP121404 Benson Electric 64-0060 AP 01/21/05 Inv# DLP0121-02 Benson Electric 01-0030 AP 02/02/05 Inv# 257706 Four Star Rentals Inc 69-0025 AP 02/17/05 Inv DLP021705 Benson Electric ODE 01440 TOTALS: COST TOTALS: 824.73 ODE: 01445 Temporary Telephone 26-0003 AP 10/04/04 Inv# 100404-402 org BellSouth 26-0004 AP 10/04/04 Inv# 100404-402 2nd BellSouth 52-0076 AP 10/11/04 Inv# 101104-04 Nextel Communications 75-0026 AP 11/04/04 Inv# 110404-402 org BellSouth 75-0027 AP 11/04/04 Inv# 110404-402 2nd BellSouth 75-0056 AP 11/11/04 Inv# 111104-04 Nextel Communications 57-0025 AP 12/04/04 Inv# 120404-402 org BellSouth i7-0026 AP 12/04/04 Inv# 120404-402 2nd BellSouth ?1-0041 AP 12/11/04 Inv# 121104-05 Nextel Communications 33-0012 AP 01/04/05 Inv# 010405-402 2nd BellSouth 33-0013 AP 01/04/05 Inv# 010405-402 orig BellSouth 10-0052 AP 01/11/05 Inv# 011105-03 Nextel Communications 15-0022 AP 02/04/05 Inv# 020405-402 orig BellSouth '-5-0023 AP 02/04/05 Inv# 020405-402 2nd BellSouth '5-0055 AP 02/11/05 Inv# 021105-04 Nextel Communications )DE 01445 TOTALS: COST TOTALS: 1335.92 )DE: 01460 Supplies 169.32 169.32 0.00 0.00 0.00 846.60 0.00 0.00 0.00 0.00 102.13 102.13 102.13 280.02 204.25 790.66 112.08 290.57 34.59 356.90 30.59 0.00 0.00 0.00 356.90 467.83 44.10 41.00 117.42 43.72 40.70 141.07 54.32 53.37 140.88 43.38 44.77 140.78 43.52 41.94 344.95 0.00 0.00 0.00 0.00 1335.92 '5-0030 13.99 15.28 7.46 AP 10/31/04 Inv# 103104-402 Florida Keys Spring Water 14-0005 AP 11/30/04 Inv# 110963215 Airgas South Inc '6-0022 AP 11/30/04 Inv# 110043756 Airgas South Inc 0.00 0.00 0.00 0.00 I.L. PORTER CONSTRUCTORS, INC. OB: 0402 KWIA Hangar Development ** JOB COST & BILLING DETAIL ** For Codes: First to 01930 For Dates: 10/01/04 - 02/18/05 Page 4 03/30/05 EF # JR DATE DOCUMENT DESCRIPTION LABOR MATERIAL SUBCON EQUIP OTHER BILLINGS 83-0011 AP 12/31/04 Inv# 110123488 Airgas South Inc 18-0001 AP 01/24/05 Inv# 011605 SFI OF THE KEYS INC 18-0002 AP 01/24/05 Inv# 012405 SFI OF THE KEYS INC 47-0003 AP 01/25/05 Inv# 890088 Strunk Ace Hardware 47-0004 AP 01/25/05 Inv# 890172 Strunk Ace Hardware 74-0015 AP 01/31/05 Inv# 110206960 Airgas South Inc 92-0002 AP 02/02/05 Inv# 891598 Strunk Ace Hardware 93-0004 PS 02/18/05 Payroll- Expense ODE 01460 TOTALS: COST TOTALS: 797.43 ODE: 01470 Travel 67-0075 AP 10/07/04 Inv# 100704-10 Capital One Bank 27-0004 PS 10/15/04 Payroll- Expense 49-0004 PS 10/22/04 Payroll- Expense 67-0027 AP 10/26/04 Inv# october04 Kanthack, Steven R. I1-0004 AP 11/29/04 Inv# nov04-02 Kanthack, Steven R. 29-0013 AP 01/07/05 Inv# 010705-05 Capital One Bank 99-0004 PS 01/21/05 Payroll- Expense 49-0004 PS 02/04/05 Payroll- Expense 27-0008 AP 02/07/05 Inv# 020705-04 Capital One Bank 93-0004 PS 02/18/05 Payroll- Expense ODE 01470 TOTALS: COST TOTALS: 2181.57 ODE: 01475 Auto Gas & Oil 93-0004 PS 10/01/04 Payroll- Expense 07-0004 PS 10/08/04 Payroll- Expense 49-0004 PS 10/22/04 Payroll- 0.0 hrs Gross Pay + 0.0% Burden 56-0004 PS 10/29/04 Payroll- Expense 26-0004 PS 11/12/04 Payroll- 0.0 hrs Gross Pay + 0.0% Burden )8-0004 PS 12/03/04 Payroll- Expense 30-0004 PS 12/17/04 Payroll- Expense )1-0004 PS 12/31/04 Payroll- Expense i3-0004 PS 01/14/05 Payroll- Expense 19-0004 PS 02/04/05 Payroll- Expense )3-0004 PS 02/18/05 Payroll- Expense )DE 01475 TOTALS: COST TOTALS: 714.68 )DE: 01700 Rubbish Removal 74-0032 AP 02/01/05 Inv# 0049887-03 98-6 Waste Management Of FL 12-0007 AP 02/16/05 Inv# 0050106-10 98-7 Waste Management Of )DE 01700 TOTALS: COST TOTALS: 561.00 )DE: 01810 Tool Rental 233.04 451.50 32.24 4.29 4.18 0.00 740.53 0.00 0.00 0.00 0.00 10.17 15.28 10.00 0.00 56.90 0.00 117.38 500.00 201.69 400.00 200.00 55.95 42.70 500.00 156.17 7.68 0.00 2181.57 50.00 50.00 50.00 50.00 50.00 124.88 50.00 60.00 59.80 120.00 50.00 100.00 0.00 0.00 0.00 614.68 0.00 0.00 0.00 0.00 140.25 420.75 0.00 0.00 561.00 0.00 i.L.�PORTER CONSTRUCTORS, INC. ** JOB COST & BILLING DETAIL ** Page 5 For Codes: First to 01930 03/30/05 For Dates: 10/01/04 02/18/05 OB: 0402 KWIA Hangar Development EF JR DATE DOCUMENT DESCRIPTION LABOR MATERIAL SUBCON EQUIP OTHER BILLINGS 26-0040 AP 10/01/04 Inv# 4693 Rockland Investment Corp. 80.63 06-0017 AP 11/01/04 Inv# 4743 Rockland Investment Corp. 107.50 67-0035 AP 12/01/04 Inv# 4797 Rockland Investment Corp. 53.75 ODE 01810 TOTALS: COST TOTALS: 241.88 0.00 0.00 0.00 188.13 53.75 0.00 ODE: 01830 Misc Gen Conditions 11-0001 AP 11/01/04 Inj 518 A2 Concrete Testing & 847.50 75-0008 AP 11/08/04 Inv# 110804 Sprint 82.36 64-0047 AP O1/29/05 Inv# 2396 Key West Construction 232.20 ODE 01830 TOTALS: COST TOTALS: 1162.06 0.00 0.00 0,00 232.20 929.86 0.00 ODE: 01840 Overnight Mailings 22-0036 AP 10/02/04 Inv# 3679354-08 United Parcel Service 16.00 62-0071 AP 10/09/04 Inv# 3679354-06 United Parcel Service 6.35 67-0060 AP 10/16/04 Inv/1 367935-03 United Parcel Service 16.88 92-0046 AP 10/30/04 Inv# 3679354-04 United Parcel Service 16.56 24-0027 AP 11/23/04 Inv# 7-863-8-07 4 Federal Express 24-0031 AP 11/27/04 Inv# 3679354-03 United Parcel Service 14.97 20.75 92-DO66 AP 12/04/04 Inv# 3679354-04 United Parcel Service 33.60 85-0012 AP 12/11/04 Inv# 3679355-02 United Parcel Service 10.30 92-0053 AP 12/11/04 Inv# 3679355-02 United Parcel Service 10.30 16-0020 AP 12/18/04 Inv# 3679355-10 United Parcel Service 4.57 21-0030 AP 12/28/04 Inv# 7-925-7-03 9 Federal Express 85-0008 AP 01/08/05 Inv# 367935-03 United Parcel Service 26.56 20.45 20-0047 AP 01/15/05 Inv# 3679350-03 United Parcel Service 52,33 64-0052 AP O1/22/05 Inv# 3679350-05 United Parcel Service 9.05 90-0052 AP O1/29/05 Invf 3679350-05 United Parcel Service 0.33 25-0051 AP 02/05/05 Inv# 3679350-05 United Parcel Service 14.75 )DE 01840 TOTALS: COST TOTALS: 273.75 0.00 0.33 0.00 0.00 273.42 0.00 aSE BUDGET TOTALS: LABOR HOURS: 1361.00 COST TOTALS: 87971.11 63165.86 740.86 2741.25 777,23 20545.91 0.00 lB 0402 TOTALS: LABOR HOURS: 1361.00 COST TOTALS: 87971.11 63165.86 740.86 2741.25 777.23 20545.91 0.00 v C i co co O C p it U) CO rn O co °6 N O N UCY)s O O �- N U L Z o o rn rn X O O a)ai O a O LL a r-� p w O O � w ~ 0 1- o Gi 6 ai h O CV 6 U LU a, N N� (DLONtLOti '1 p1 ``' V 6 C6 09�6 Lnvo 69 o O a w m ~ LL p N m O W Z t ) LU CO) CO) O O O CY W � p ui = _X is �'oJo �-UOIomo Q- w co) a c LL M W cu m � W C N i a)i- Z Cf CL zL.. 2 C J W U (U > O (1) 06 a a_ W�c O U (D a Vi O C,6 cv = n _ w �� O L cv a 5 �L Z a a CO�� 0 .� � _ Z oo- a � i5 U m E E o � � Z = . -01/t6/2005 13:20 3052965189 TOPPINGS INC PAGE 02/06 CHARLEY TOPPINO & SONS, INC. P.O- BOX 787 KEY WEST, FLORID -A 33041 (305) 296-5606 FAX (305) 296Z189 D L Porter KWIA TAXILANE & HANGER DEVELOPMENT 6574 Palmer Circle PROJECT # 0323 Sarasota, FL 34238 Attn: ANDREW January 21, 2005 SUBJECT: EXTRA WORK: 12-21-04: REMOVE TWO STEEL TANKS & INSTALL FLOWABLE FILL FOR ELECTRICAL DUCK BANK Dear Andrew; The purpose of this letter is to submit a cost summary for extra work at the Key West International Airport Taxilane & Hanger Development. On December 21 & 22, two steel tanks were removed and an electrical duct bank dug by Fountain Pngineering was filled and finished with flowable fill. DECEMBER 21, 2004 326 SACKHOE: 3 HRS @ $165.001 HR $495.00 OPERATOR: 3 HRS a@ $40.00 / HR $120.00 DUMP TRUCK SCOWL: 4 HRS @ $85.00 I HR $340,00 DRIVER: FLOWABLE FILL FOR TRENCH: 4 HRS @ $40.00 / HR 5.5 CYS @ $80.00 / CY $160.00 $440.00 POUR & FINISH FLOWABLE FILL: 420 SF @ $,50 / SF $210.00 TOTAL: $1,765.00 DECEMBER 22, 2004 FLOWABLE FILL FOR TRENCH: 4 CYS 0 $80.00 / Cy $320.00 POUR & FINISH FLOWABLE FILL: 309 SF @ $_50 / SF $184.50 TOTAL: $474.50 TOTAL EXTRA WORK: $2,239.50 Attached are daily reports and copies of concrete tickets If you have any questions please do not hesitate to call. Sincerely; CHARLEY TOPPINO & SONS, INC, Ronald J. Ar stron Project Manager •'01/26/2005 13:20 3052965189 TOPPINOS INC CHARLEY TOPPINO & SONS, INC. OAl tY INSkUCTION REPORT 3013 NAIVE & LOCATION: " PROJECT NUMBER: ar n I ZA-T—HER: PRECEP: TEMP: OT14ER CON7)T rrom.q WIND (Mph) TE : .1 Eb I'b / INSPECTIONS: CAUSES: '3 REMEDIAL ACTIONS, � RETESTS; � � _ baily inspectionS; _.. -) PEDESTRIAN SAF -� EXCAVATIONS SITE SECURITY 1 OTHER, INJURY (IES): YES --OMWNTS: A Corrective Actions Needed/Tnkert; PAGE 03/06 01/2'6/2005 13:20 3052965189 TOPPINOS INC PAGE 04/06 CHARr,YEY TOPPINO c4L SONS, xNC. DAILY INSPECTION I7 PORT JOIi NAME && LOCATION: PROJECT NUMBER; N'E.9(T.T�tf,R. PR.ECRP: OTHP,R, CONDITIONS: a- DATE; TEMP: WIND (mph) RESULTS: FAILED TESTS / INSPECTIONS: CAUSES: REMEDIAL ACTIONS: RETESTS: baily inspections: Corrective Actions Needed/1 aken: MOT PEDESTRIAN SAFETY EXCAVATIONS SITE SECURITY OTHER! INJURY (IES): YES N9p COMMENTS: IVi CHARLEY TOPPINO & SONS, INC. P.O. BOX 787 KEY WEST, FLORIDA 33041 (305) 296-5606 FAX (305) 296-6189 D L Porter KWIA TAXILANE & HANGER DEVELOPMENT 6574 Palmer Circle PROJECT # 0323 Sarasota, FL 34238 February 18, 2005 Attn: Andrew SUBJECT: EXTRA WORK: REMOVE & REPLACE UNSUITABLE MATERIAL Dear Andrew; The purpose of this letter is to summarize the unsuitable material removed and replaced at the #19 building pad from December 17----22, 2004. UNSUITABLE MATERIAL REMOVED: DEC. 17, 2004 REMOVED: 4 LOADS @ 20 CY PER LOAD 80 DEC. 20, 2004 REMOVED: 28 LOADS @ 20 CY PER LOAD 560 DEC. 21, 2004 REMOVED: 20 LOADS @ 20 CY PER LOAD 400 DEC. 22, 2004 REMOVED: 10 LOADS @ 20 CY PER LOAD 200 TOTAL REMOVED: 62 LOADS 1,240 CY'S $ 1,728.00 PAID ON PAY APPLICATION # 7: (LINE ITEM # 10) AMOUNT DUE PAY APP # 8: (LINE ITEM # 10) — REPLACED UNSUITABLE MATERIAL: DEC. 20, 2004 REPLACED: 298.95 TONS DEC. 21, 2004 REMOVED: 304.58 TONS DEC. 22, 2004 REMOVED: 484.13 TONS TOTAL TONS REPLACED: 1,087.66 906.39 CY's PAY APPLICATION # 7: (LINE ITEM # 11) $10,266.52 AMOUNT DUE PAY APP # 8: (LINE ITEM # 11) — REPLACED STOCKPILED MATERIAL: 500 CY $31.80 = MATERIAL & LABOR TO REPLACE ONE CY OF MATERIAL $22.00 / TON = $18.34 / CY FOR MATERIAL. ($22.00 / 1.2 = $18.34) $31.80 — $18.34 = $13.46 FOR LABOR SUMMARY: REMOVED & HAULED AWAY UNSUITABLE MATERIAL: $7,886.40 DELIVERED, REPLACED, COMPACTED NEW MATERIAL: $28,823.21 LABOR TO REPLACE, COMPACT STOCKPILED MATERIAL: $6,730.00 TOTAL EXTRA WORK: $43,439.61 If you have any questions please do not hesitate to call Sincerely; CHARLEY TOPPING & SONS, INC. Ronald J. Armstrong Project Manager d C i cn .� OLO O a) N rn d) N Ci m U a) rn — rn > z a) O IT o U M IL a a w o a w z 0 LC) 0 o 000 00orrl_-I�- m LU coN U F- N � coor- W V Iq IT t cM a W mLL W m O � a) L z O W o F- CY D p W ~U0gy~ m � t - W co CO U E N w z D Q. i J J_ W C = z W Z LU w W m G C7 F- a a) a U N O '- t) m a) Y w c� a LU o 0 _ cu z Q m z Y Q cu � V � z � a c U v U) m �- EWOMAN STEEL BUILDINGS, INC. :929 Industrial Avenue ort Myers, Florida 33901 239) 334-1051, FAX: (239) 334-2432 wilder/Customer DL Porter Construction, Inc. ddress 6574 Palmer Park Circle :ity/State/Zip Sarasota, FL 34238 hone (941) 929-9400 AX _ (941) 929-9500 TTN: Steve Kanthack )TY. )proved by iarles W. Dean inette Dean CHANGE ORDER lJ: JAN 1 0 2005 D.L. Povivr 0(.)r,f7$ t, , JOB NUMBER: Owner 18250 KeyWest Hangar Address CHANGE NUMBER: City/State/Zip 1 DATE: ATE: FAX 12/29/04 Job Location TiARegion West, FL SALESMAN: JP 12 ESTIMATOR BMA Code 10044 JP Li/(PFZ EX 7-2,F17?L order is not binding until countersigned by an officer of Dean Steel Buildings, Inc., and will be filled by Dean Steel Buildings, Inc., and oiced accordingly. This order is subject to the conditions agreed to under the original contract. Unless otherwise specified on this order, all aerial shall be supplied in accordance with Dean Steel Buildings, Inc., Standard Specifications. Dimensions are girtline to girtline. DEAN'S USE ONLY PIES TO: i AUTHORI RE DATE )WNER PURCHASING OB FILE CUST. SERVICE -2 —2 _ �—> CCOUNTING DRAFTING I DEAN STEEL BUILDINGS, INC. DATE 4VOICE # ENGR I AUTHORIZED SIGNATURE SUBJECT TO THE TERMS AND CONDITIONS ON ORIGINAL P.O. 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LU CL i J W O d Z a � m W O N n. a U L U o N O c Y C� = c y as a W U Y a O z `O U N a�i w �... O� LP a 10 U) �V FROM : Seth Ringer PHONE NO. : 2397325212 Jan. 03 2005 07:34RM P2 RINGER'S ERECTORS 601 AUTO RANCH RD NAPLES, FL. 341 l4 (239) 253-IPON FAX 732-5212 sethri ngerCa autdrs. ne t January 3, 20o5 D.L. PORTER CONSTRUCTORS INC b574 PALMER PARK CIRCLE SARASOTA, FL. 34238 (941)929-9400 Dear Gentlemen, It is with sincere regret I have to inform you that I cannot morn the Key West Int. Airport job. In the lost two month's while waiting for this project to start I have lost 7 of 15 men because they weren't getting enough hours. The remaining men are on a job started in mid December and not scheduled to be over till March. Also I am not able to get the necessary licensing to work legally in Monroe county. I had another contractor that was going to do the project but he has informed me he no longer has interest in the job. As I know this leaves you in a hardship, I am very sorry but also don't feel total responsibility since the scheduling on this project has been drug out for such a extended period of time. Sincerely, Seth Ringer 1—►�Q JUN 1 4 2004 'D.L.'PORTER CONSTRUCTORS,iC'.114111111111.111 • • • RE: Subconttact 'No. 0402C-01 • JOB: Hangar Development 'MIA (0402) • Enclosed please find two. (2) completed Subcontract Agreements on the above referenced project. Please review, sign. in all areas indicated and RETURN BOTH COPIES to this office within seven (7) days for further signature. Include a breakdown of, the schedule of values for your'work, which will be a basis for 'your monthly payment requisitions. Please complete all required submittal information and send to this office immediately so as not to delay your work. Please read and sign. the Safety Policy acknowledgement attached to and made a part of this, contract. A completed copy will then be returned to you,for your records. Please be sure we have a copy of your state license, registration and/or occupational license as well as your county license. ' Also enclosed is a "Subcontractor's Application for Payment'. ONLY original applications, will be acceptable .for invoicing. You may attach a detailed breakdown if.desired. • a, . The following procedures must be followed before your draws.can be processed. Prior to your first draw, the following items must be in our office: 1. Yout signed contract and'licenses. .2. Insurance certificate showing Worker's Compensation,`General Liability • and Auto Liability. Please have your agent describe the name of • the project in the Description of Operation area and list D.L. • Porter Constructors',. Inc as additionally insured on all liability certificates. 'These certificates must remain current. Please mail • a copy of each to our'office as soon as possible or return them with your contract. 3. Appropriate current occupational licenses, 4. List names, addresses and.phone numbers of all suppliers and any sub- subcontractors you plan to use on this project. ' Prior to your .second and all subsequent draws, the following items must be in our office: • 1. Your release of lien from previous draw. • 2. A Waiver of Lien from all your suppliers, which must be' properly 'notarized and witnessed. Prior to the release of your final• draw and/or retainage, the following items must be in our office: • • 1. All signed Change Orders. 2. A Final Release of Lien'is_required from all your suppliers. 3. Warranties, guarantees, operating and maintenance,manuals according to Owner's specifications. • • • To' confirm your understanding of. these terms, please sign.and date this-letter and return with your contract. - / �� • DATE: 70701/ • SUBCOIG TURE PRINTED NAME AND TITLE: Sell // ,—. Pt e s, • • • • • • • • 6574 Palmer Park Circle'•Sarasota,Florida 34238 • (941)929-9400 •Fax(941) 929-9500 • (19) Insurance The Contractor shall carry fire and extended coverage insurance to protect its own interests in the work and in Contractor's materials incorporated or stored at the site of the work; however, it is the obligation and duty of the Subcontractor to protect his own interests, including his tools, equipment, machinery and other property with • such insurance and in the amounts that he deems proper. In the event of any accident causing damage or destruction to the work or materials for the Subcontract, the Subcontractor, at his own expense, shall repair, replace or restore forthwith the parts so injured, damaged or destroyed under the direction to the satisfaction of the Owner and the Contractor. In addition the Subcontractor's Public Liability and Property Damage Insurance shall provide adequate protection against Public Liability, Property Damage and Vehicular Liability. The Subcontractor shall provide Manufacturer's and Contractor's Excess Liability with limits of not lees •than to protect the Contractor and Subcontractor and the Owner against claims for injury to or death of one or more persons. This shall cover the use of all equipment, hoists, and vehicles on the Bite or sites. • The Subcontractor also covenants and agrees that he will carefully avoid doing any injury or damage to the work or property of all other.on the job and shall be liable for any damage done to hie or such other work. (20) Equipment; Subcontractor Indemnity Regarding Use It is understood and agreed that whenever the Subcontractor shall use any scaffold, derrick, hoist or equipment of any kind in said building, he shall satisfy himself as to the safety of said scaffold, derrick, hoist or other equipment, and hereby agrees to and shall relieve and hold the Contractor harmless from and against and all suts, actions, claims, losses, expenses or counsel fees which the Contractor may suffer for any injury or death any person or damage to any property which may result from the-use by the Subcontractor or his agent or employees of said scaffold, derrick, hoist or other equipment. '(21) Assignability • The Subcontractor Shall not assign this contract or sublet the whole or any part of the work hereunder, nor shall he a§sign any moneys due or to become due hereunder, without the previous written consent of the Contractor. Any attempt by the Subcontractor to so assign or sublet any interest herein shall operate as an instant forfeiture and repudiation hereof by the Subcontractor and the rights of the parties shall be determined in the mannersame s though the Subcontractor had at the time of such attempted assignment or subletting failed in and refused performance of this Contract. (22) Cancellation The Contractor reserves the right to cancel this agreement in its entirety, or any portion of its diligetion thereunder, or suspend the shipment and delivery of materials and all the work and operation hereunderkin the same manner and for such period or periods of time as the Owner or Architect/Engineer has the right to cancel the contract, entered into between the Owner and Contractor, or suspend shipment of materials and work thereunder. In the event that this agreement is canceled under this paragraph, then the Subcontractor shall be compensated for work done and materials furnished upon a percentage basis as the work complete and materials furnished related to the entire work, unless otherwise provided under the contract between the Owner and Contractor. (23) Bonding The Subcontractor further agrees that he shall, within ten(10)days from the date of notice to furnish same at the option of the Contractor, provide the Contractor with a Performance Bond and/or Labor and Material Payment Bond up to the full amount of this contract, duly executed with a Surety Company designated by the Contractor, as surety; the cost of said bond or bonds to be.borne by the Subcontractor, and failure or the inability of the Subcontractor to so furnish said bond shall operate as a forfeiture and repudiation hereof by the Subcontractor, and this agreement shall, at the option of the Contractor, be void and no longer binding on the parties hereto. The Contractor may, at its option, require a bond under this provision at any time during the project, even if the Contractor did not require such bond previously. (24) Release and Waiver of Liens The Subcontractor hereby waives and releases all lien or right of lien now existing, or that hereafter may arise, for work or labor performed or material furnished under this contract, by virtue of any lien laws, upon the building or other structure in or in connection with which the work herein contemplated shall be done, upon the land on which the building or other structure in or in connection with which the work herein contemplated shall be done, upon the land on which the building or other structure is or shall be situated, and upon any money or neys due or to become due from any and every person,or corporation to the Contractor, and agrees to furnish a good and sufficient waiver of lien from any and every person or corporation furnishing labor and/or materials for said premises under the Subcontractor. The Subcontractor agrees to execute any and all documents required to effect such waiver of lien. (25) Subcontractor Indebtedness If at any time the Subcontractor shall allow any indebtedness to accrue for labor end/or materials, which indebtedness has become or, in the opinion of the Contractor, may become a lien or liens upon the work and/or materials, or which has or may become a claim against the Contractor or the Contractor's Surety, the Subcontractor shall immediately, upon request from the Contractor, pay the same or w cause the s to be dissolved and discharged by giving a bond, or otherwise, and, in case of his failure to do so, the Contractor may withhold any money due the Subcontractor under this or any other contract, until such indebtedness is paid or may apply such money towards the discharge thereof. (26) Compensation and Payment The Contractor agrees to pay t•, 'contractor an', _ - the performance hereof the sum subject only to addition. and d -�- Contractor to the Subcontractor et the time and upon the conditions hereinafter set forth; provided that before any payment hereunder shall become due, the Contractor at its option, may require and the Subcontractor thereupon shall furnish satisfactory evidence of the payment of all accounts for labor and/or materials pertaining to Subcontractor's performance hereunder; and provided,, further, that before the final payment hereunder shall become du , the Subcontractor shall, if required by the Contractor, procure and furnish to the Contractor(a)full and complete releases of liens from all persons furnishing labor and/or materials toward the performance hereof, or, at the option of the Contractor, a satisfactory surety bond indemnifying the Contractor and the Contractor's Surety against any claims based thereon, and(b)such formal guarantee.pertaining to the work covered hereby as may be required by the terms of the general contract between the Owner and the Contractor. Contractor reserves the right to deduct from the amount due the Subcontractor any amounts which are due by the subcontractor for labor and/or materials, which the Subcontractor has failed to pay, or appears to be unable or unwilling to pay, and to make payment of such amounts directly to the parties to whom ouch amounts are owed. Draw requests are due in our office no later than the 20th of each month for work through the 25th Partial payments of 90 per cent of all labor which has been done and/or materials furnished and put in place during each calendar month, for which payment has been made by the Owner to the Contractor, shall be made on or about 15 days following the month in which the Owner has paid Contractor for such work. Under no circum- stances shall any payment be due to the Subcontractor if the Owner has not paid the Contractor for such work. The payment by the Owner to the Contractor for work shall be a condition precedent to the payment by Contractor to Subcontractor for such work. Subcontractor agrees that it shall receive payment only if and to the extent that Contractor is paid. In addition, payment shall only be mada in proportion to the payment received by the Contractor for such work. Final payment of 10% per cent shall be made to the Subcontractor by the Contractor within 60 days after said worky performed by him hoe been completed and accepted by or on behalf of the Owner, and final payment for said work has been made by the Owner to the Contractor. Under no cirmmutancee shall any payment be due to the Subcontractor if the•Owner has not paid the Contractor for such work. In addition, payment Shall only be made in proportion to the payment received by the Contractor for such work. Payment. by the Contractor hereunder shall be conditioned upon the approval and acceptance by the Archi- tect/Engineer of all work performed and/or materials and/or equipment furnished by the Subcontractor hereunder.' i • SAE. _= - D,L. PORTER-CONSTRUCTORS INC. • • To: imunimiminaiimagiliummr D RE: Subcontract No. 0402C-01 JOB: Hangar Development KWIA (0402) Enclosed please find two (2) completed Subcontract Agreements on the above referenced project. Please review, sign in all areas indicated and RETURN BOTH' COPIES to this office within seven (7) days for further signature. Include a • breakdown of the schedule of values for your work, which will be a basis for your monthly payment requisitions. Please complete all required submittal information and send to this office immediately so as not to delay your work: Please read and sign the Safety Policy acknowledgement attached to and made a part of this contract. A completed copy will then be returned to you for your records. Please be sure we have a copy of your state license, registration and/or occupational license as well as your county license. Also enclosed is a "Subcontractor's Application for Payment". ONLY original applications will be acceptable for invoicing. You may attach a detailed • breakdown if desired. The following items must be in our office prior to commencement of your subcontract: 1. Your signed subcontract. 2. Insurance certificate showing Worker's Compensation, General Liability and Auto Liability. Please have your agent name the project in the • Description of Operation area and list D.L. Porter Constructors, Inc. as additionally insured on all liability certificates. The General Liability must be $1M per occurrence and the General Aggregate of $2M must be per project along with a waiver of subrogation and a 30 day cancellation clause. These certificates must remain current at all times. Mail a copy of each to our office as soon as possible or return them with your signed subcontract. 3. Appropriate current occupational licenses. 4. List names, addresses and phone numbers of all suppliers and any sub- subcontractors you plan to use on this project. 5. An approved Schedule of Values for billing purposes. 'I ' Prior to your second and all subsequent draws, the following items must be in' our office: 1. Your release of lien from previous draw. 2. A Waiver of Lien from all your suppliers, which must be properly, notarized and witnessed. • Prior to the release of your final draw and/or retainage, the following items must be in our office: 1. All signed Change Orders. 2. A Final Release of Lien is required from all your suppliers. 3. Warranties, guarantees, operating and maintenance manuals according to Owner's specifications. • To confirm your understanding of these terms, please sign and date this letter and return with your c t. • SUBCONTRACTOR GNATURE DATE: G //i//ZpOc PRIryTED NAME AND TITLE: HNC y Cj f�i l 6574 Palmer Park Circle.• Sarasota,Florida 34238 • (941) 929-9400 •Fax(941) 929-9500 • (19) Insurance The Contractor shall carry fire and extended coverage insurance to protect its own interests in the work and in Contractor's materials incorporated or stored at the site of the work; however, it is the obligation and duty of the Subcontractor to protect his own interests, including his tools, equipment, machinery and other property with such insurance �s and in the amounts' that he deems proper. In the event of any accident causing damage or destruction to the work or materials for the Subcontract, the Subcontractor, at his own expense, shall repair, replace or restore forthwith the parts so injured, damaged or destroyed under the direction to the satisfaction of the Owner and the Contractor. In addition the Subcontractor's Public Liability and Property Damage Insurance shall provide adequate protection against Public Liability, Property Damage and Vehicular Liability. The Subcontractor shall provide Manufacturer's and Contractor's Excess Liability with limits of not less than to protect the Contractor and Subcontractor and the Owner against claims for injury to or death of one or more persona. This shall cover the use of all equipment, hoists, and vehicles on the site or sites. The Subcontractor also covenants enants and agrees that he will carefully avoid doing any injury or damage to the work or property of all others on job and shall be liable for any damage done to his or such other work. (20) Equipment; Subcontractor Indemnity Regarding Use It is understood and agreed that whenever the Subcontractor shall use any scaffold, derrick, hoist or equipment of any kind in said building, he shall satisfy himself as to the safety of said scaffold, derrick, hoist or other equipment, and hereby agrees to and shall relieve and hold the Contractor harmless from and against and all suit., actions, claims, losses, expenses or counsel fees which the Contractor may suffer for any injury or death to any person or damage to any property which may result from the use by the Subcontractor or his agent or employees of said scaffold, derrick, hoist or other equipment. (21) Assignability The Subcontractor shall not assign this contract or sublet the whole or any part of the work hereunder, nor shall he assign any moneys neys due or to become due hereunder, without the previous written consent of the Contractor. Any attempt by the Subcontractor to so assign or sublet any interest herein shall operate as an instant forfeiture and repudiation hereof by the Subcontractor and the rights of the parties shall be determined in the mannersame as though the Subcontractor had at the time of such attempted assignment or subletting failed in and refused performance of this Contract. (22) Cancellation The Contractor reserves the right to cancel this agreement in its entirety, or any portion of its obligation thereunder, or suspend the shipment and delivery of materials and all the work and in operation hereunder the same manner and for such period or periods of time as the Owner or Architect/Engineer has the right to cancel the contract, entered into between the Owner and Contractor, or suspend shipment of materials and work thereunder. In the event that this agreement is canceled under this paragraph, then the Subcontractor shall be compensated for work done and materials furnished upon a percentage basis as the work complete and materials furnished related to the entire work, unless otherwise provided under the contract between the Owner and Contractor. • (23) Bonding The Subcontractor further agree. that he shall, within ten(10)days from the date of notice to furnish same, at the option of the Contractor, provide the Contractor with a Performance Bond and/or Labor and Material Payment Bond up to the full amount of this contract, duly executed with a Surety Company designated by the Contractor, a surety; the cost of said bond or bonds to be borne by the Subcontractor, and failure or the inability of the Subcontractor to so furnish said bond shall operate as a forfeiture and repudiation hereof by the Subcontractor, and this agreement shall, at the option of the Contractor, be void and no longer binding on the parties hereto. The Contractor may, at its option, require a bond under this provision at any time during the project, even if the Contractor did not require such bond previously. (24) Release and Waiver of Liens The Subcontractor hereby waives and releases all lien or right of lien now existing, or that hereafter may arise, for work or labor performed or material furnished under this contract, by virtue of any lien laws, upon the building or other structure in or in connection with which the work herein contemplated shall be done, upon the land on which the building or other structure in or in connection with which the work herein contemplated shall be done, upon the land on which the building or other structure is or shall be situated, and upon any money or moneys due or to become due from any and every person or corporation to the Contractor, and agrees to furnish a good and sufficient waiver of lien from any and every person or corporation furnishing labor and/or materials for said premises under the Subcontractor. The Subcontractor agree. to execute any and all documents required to effect such waiver of lien. (25) Subcontractor Indebtedness If at any time the Subcontractor shall allow any indebtedness to accrue for labor and/or material., which indebtedness has become or, in the opinion of the Contractor, may become a lien or liens upon the work and/or materials, or which ha. or may become a claim against the Contractor or the Contractor's Surety, the Subcontractor shall immediately, upon request from the Contractor, pay the same or se the same to be dissolved and discharged by giving a bond, or otherwise, and, in case of his failure to do so, the Contractor may withhold any money due the Subcontractor under this or any other contract, until such indebtedness is paid or may apply such money towards the discharge thereof. (26) Compensation and Payment The Contractor agrees to pay - �.'t. the performance hereof the a , _ fit j�V.subject only to additions and . .. ons as provided erein, c , Contractor to the Subcontractor at the time and upon the conditions hereinafter set•forth; provided that before any payment hereunder shall become due, the Contractor at its option, may require and the Subcontractor thereupon shall furnish satisfactory evidence of the payment of all accounts for labor and/or materials pertaining to Subcontractor's performance hereunder; and provided, further, that before the final payment hereunder shall become due, the Subcontractor shall, if required by the Contractor, procure and furnish to the Contractor(a)full and complete releases of liens from all persons furnishing labor and/or materials toward the performance hereof, or, at the option of the Contractor, a satisfactory surety bond indemnifying the Contractor and the Contractor's Surety against any claim.based thereon, and(b)such formal guarantees pertaining to the work covered hereby as may be required by the terms of the general contract between the Owner and the Contractor. Contractor reae rves the right to deduct from the amount due the Subcontractor any amounts which are due by the subcontractor for labor and/or materials, which the Subcontractor has failed to pay, or appears to be unable or unwilling to pay, and to make payment of such amounts directly to the parties to whom such amounts are owed. Draw requests are due in our office no later than the 20th of each month for work through the 25th . Partial payments of 90 per cent of all labor which has been done and/or materials furnished and put in place during each calendar month, for which payment has bean made by the Owner to the Contractor, shall be made on about 15 days following the month in which the Owner has paid Contractor for such work. Under no circumstances rcumstances shall any payment be due to the Subcontractor if the Owner has not paid the Contractor for such work. The payment by the Owner to the Contractor for work shall be a condition precedent to the payment by Contractor to Subcontractor for such work. Subcontractor agree. that it shall receive payment only if and to the extent that Contractor is paid. In addition, payment shall only be made in proportion to the payment received by the Contractor for such work. Final payment of l0% per cent shall be made to the Subcontractor by the Contractor within 60 days after said work performed by him has been completed and accepted by or on behalf of the Owner, and final payment for said work has been made by the Owner to the Contractor. Under no circumstances shall any payment be due to the Subcontractor if the Owner has not paid the Contractor for such work. In addition, payment shall only be made in proportion to the payment received by the Contractor for such work. Payments by the Contractor hereunder shall be conditioned upon the approval and acceptance by the Archi- tect/Engineer of all work performed and/or materials and/or equipment furnished by the Subcontractor hereunder.