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VIEWS: 1,374 PAGES: 21 CATEGORY: Business Services POSTED ON: 1/12/2011
This is an agreement between a client and a general contractor for construction services. This agreement sets forth the rights and responsibilities of each party. In addition, this agreement contains exhibits that can be customized to ensure that the understandings of the parties are properly set forth. These customizable exhibits include: the scope of services to be performed, compensation rates, insurance, state required terms and conditions, plans, specifications, construction documents, and a project schedule. This agreement can be used by contractors, property owners, or property management companies that want to enter into an agreement for construction services.
This is an agreement between a client and a general contractor for construction services. This agreement sets forth the rights and responsibilities of each party. In addition, this agreement contains exhibits that can be customized to ensure that the understandings of the parties are properly set forth. These customizable exhibits include: the scope of services to be performed, compensation rates, insurance, state required terms and conditions, plans, specifications, construction documents, and a project schedule. This agreement can be used by contractors, property owners, or property management companies that want to enter into an agreement for construction services. CONSTRUCTION CONTRACT (Short Form) AGREEMENT made as of _________ ____, 200__, BETWEEN "Owner/Client": [insert Owner/Client name and address] Designated Representative: [insert] Telephone: Facsimile: and the "Contractor": [insert Contractor name and address] Designated Representative: [insert] Telephone: Facsimile: The "Program Manager" is: [insert PM name and address] Point of Contact: [insert] Telephone: Facsimile: The "Project" is: [describe Project and its location] THIS CONSTRUCTION CONTRACT (the "Agreement"), effective as of the date set forth above, is between Owner/Client and Contractor, who state and agree as follows: 1. Owner/Client; Contractor. Owner/Client wishes to engage Contractor to construct the Project and perform related services. Contractor shall perform its work pursuant to this Agreement under the direction and management of Program Manager and for the benefit of Owner/Client. Owner/Client has designated Program Manager as its representative to act on its behalf with respect to the Project. Contractor agrees that it shall render and furnish to Program Manager the services and materials to which Owner/Client is entitled under this Agreement, at the times when Owner/Client is entitled to the same. Contractor is an independent contractor and not an agent, servant or representative of Owner/Client or Program Manager. Contractor will have no authority legally to obligate Owner/Client except as specified in this Agreement or as otherwise specified in writing by Owner/Client from time to time. 2. Scope of Work. Contractor shall furnish all work, labor, tools, materials and equipment to construct and complete in a workmanlike manner the work set forth in Exhibit A at the Project site ("the Work"). The Work shall include all incidental and related work necessary to complete the Project in accordance with the Contract Documents (defined below) and good industry practices. 3. Owner/Client's Responsibilities; Program Manager. Owner/Client shall provide Contractor with the construction plans, specifications and documents listed on Exhibit E. Owner/Client makes no warranty as to the accuracy of any documents furnished to Contractor, but agrees that Contractor shall be entitled to rely, based upon its exercise of due care and caution, on the accuracy and completeness thereof. Program Manager shall examine the documents submitted by Contractor and shall render decisions pertaining thereto promptly so as to avoid unreasonable delay in the progress of Contractor's Work. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 1 4. Contract Documents. The "Contract Documents" consist of the following: (a) This Agreement (together with its exhibits); (b) The plans, specifications and other construction documents listed in Exhibit E; (c) All modifications issued by written Change Order. The Contract Documents represent the entire agreement between Owner/Client and Contractor and supersede all prior negotiations, representations, understandings or agreements between the parties, whether written or oral. In the event of any conflict or inconsistency between any of these documents, this Agreement shall control over the descriptions in Exhibit A and the specifications. For purposes of this Agreement, a "day" means a calendar day unless otherwise provided. 5. Contractor's Duties and Status. 5.1. Contractor covenants to furnish its best skill and judgment and to cooperate with Program Manager and any other contractor or design professional employed by Owner/Client. Contractor agrees to perform the Work in a manner at least equal to highest industry standards and good commercial practices, without negligence, errors or omissions, and in the most expeditious and economical manner consistent with the interests of Owner/Client. Contractor agrees to furnish efficient business administration and superintendence and to use its best efforts to furnish at all times an adequate supply of workers and materials. 5.2. Contractor's authorized representative for the Project is identified on the face page of this Agreement. Contractor's authorized representative shall personally monitor the performance of all Work described in this Agreement and is authorized to bind Contractor for all matters pertaining to the Project and/or this Agreement. No person shall be substituted for such authorized representative without Owner/Client's prior written consent. 5.3. The Work shall be performed in strict accordance with the plans and specifications described in Exhibit E. By signing this Agreement, Contractor represents that it has carefully reviewed the documents described in Exhibit E and the other Contract Documents and has visited the Project site. Contractor shall supervise and direct the Work of its employees and any subcontractors using its best skill and attention, and shall always enforce strict discipline and good order among same. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, safety, cleanliness and procedures, and for coordinating all portions of the Work. Contractor shall be responsible to Owner/Client for the acts and omissions of its employees, subcontractors of every tier, and their agents and employees. Contractor shall not employ on the Work any unfit person or anyone not skilled in the assigned task. Upon final completion, Contractor shall remove all trash and debris and clean the Project site. 5.4. If Owner/Client awards separate contracts for other construction or operations on the site, Owner/Client shall cause each separate contractor to coordinate with the Work of Contractor, who shall cooperate with them. 5.5. If part of the Work depends for proper execution or results upon work by a separate contractor, Contractor shall, prior to proceeding with that portion of the Work, promptly report to Owner/Client apparent discrepancies or defects in such other construction that would render it unsuitable for the Work. Contractor's failure to so report shall constitute an acknowledgment that such separate contractor's completed or partially completed construction is fit and proper to receive the Work, except as to defects not then reasonably discoverable. 5.6. Contractor shall at all times keep one record copy of all Contract Documents, addenda and shop drawings at the Project site in good and clean order and annotated to show all changes made during the course of construction. The record copy shall be available to Program Manager at all reasonable times, and Contractor shall, as a condition to final payment, deliver a copy to Owner/Client. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 6. Warranties; Correction of Work. 6.1. All Work (including corrective Work) furnished by Contractor shall strictly comply with all requirements of the Contract Documents, be of good and workmanlike quality, be free from defects, and shall be subject to inspection and approval by Owner/Client. This warranty is in addition to, and shall not reduce, exclude or limit, Contractor's liability under any other provisions of applicable state law, any warranties required elsewhere in the Contract Documents or implied by law, or for latent defects. No inspection, failure of inspection, or payment to Contractor shall be deemed a waiver of the foregoing. 6.2. Without limiting Section 6.1, if, within 12 months after Substantial Completion, any Work is found to be defective in workmanship or materials or not in accordance with the Contract Documents, Contractor shall, at Owner/Client's written election, immediately repair or replace any defective or nonconforming Work at Contractor's sole expense to the reasonable satisfaction of Owner/Client. The cost to repair any adjacent property or work disturbed or damaged by the defective Work or during or as a result of any such corrective Work shall also be paid by Contractor. If Contractor fails to correct any defective Work within 7 days after written notice by Owner/Client, Owner/Client may, without further notice, cause such defective Work to be repaired or replaced by others and Contractor shall immediately reimburse Owner/Client for the cost of same. 7. Contract Time; Delays; Liquidated Damages. 7.1. Time is of the essence of this Agreement. Contractor shall commence the Work upon receipt of a written notice to proceed and shall continue until the Project is completed or until this Agreement is terminated. Contractor agrees to perform its Work continuously, diligently, and energetically and to complete the Work in accordance with the Project Schedule attached hereto as Exhibit F (as updated from time to time) so as to timely achieve Substantial Completion of the Work ("the "Contract Time"). 7.2. "Substantial Completion" occurs when the Work is sufficiently complete in accordance with the Contract Documents so that Owner/Client can occupy or utilize the Work for its intended use. Substantial Completion requires the final inspection and approval of any agency having jurisdiction, Owner/Client's design professional providing construction administration, and Program Manager. Any work remaining after Substantial Completion shall be noted in a "punch list" following such inspection, and such remaining work shall be completed within 20 days of Substantial Completion and prior to final payment. 7.3. Contractor shall be entitled to a reasonable extension of the Contract Time for any delay outside of Contractor's control (including acts of God, strikes, lockouts, unavoidable casualties, or acts or omissions of Owner/Client, Program Manager or any consultant of Owner/Client or Program Manager), provided Contractor has notified Program Manager within five days of any event or condition delaying the Work. If Contractor fails to perform any of its obligations as required by this Agreement or by operation of law and thereby delays the Project, Contractor shall be liable for any and all damages caused thereby, including damages caused to separate contractors. A delay due to weather shall be cause for an extension of the Contract Time only to the extent that the weather exceeds the weather days allowance set forth in Exhibit F. 7.4. If Contractor fails to achieve Substantial Completion on or before the Substantial Completion date shown on Exhibit F (as extended in accordance with Section 7.3), Contractor shall owe Owner/Client as liquidated damages $____ [insert] for each and every calendar day from such date for Substantial Completion until the actual occurrence of Substantial Completion. Contractor agrees that Owner/Client's actual damages for such delay would be difficult or impossible to ascertain in such event and that such liquidated damages constitute a fair and reasonable amount of damages in the circumstances. Liquidated damages shall be payable upon demand by Owner/Client. Liquidated damages do not limit Owner/Client's rights or remedies for damages incurred by reason of matters other than Contractor- responsible delays. 8. Extra Work. "Extra Work" is Work that adds scope or program to the base contract scope of work set forth in Exhibit A hereto or in previously issued Change Orders. Owner/Client, without invalidating this Agreement, may order changes in the Work, including Extra Work, deleted Work, or other revisions by a written change order signed by Owner/Client ("Change Order"). The Contract Time shall be equitably adjusted as necessary; the method of adjusting the Contract Price for changes in the Work is © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 set forth in Exhibit B. If Contractor claims that performance of any Work directed by Owner/Client is actually Extra Work, Contractor shall provide written notice to Owner/Client of any such claim prior to undertaking such work ("Notice of Potential Claim") with a detailed justification for why such work is Extra Work under this Agreement. If Owner/Client refuses to issue a Change Order for such work, Contractor shall perform that work and shall submit a complete and specific claim for additional compensation or extension of time detailing why such work is Extra Work under this Agreement within 15 days after such work is performed ("Claim"). Failure to provide written Notice of Potential Claim prior to undertaking such work, or failure to timely submit a complete and specific Claim shall be deemed a waiver and abandonment of any such Claim or related right to additional compensation or additional time. No claim, dispute or controversy shall interfere with the progress or performance of the Work, and Contractor shall proceed with the Work at all times as directed by Owner/Client. Failure to so proceed shall amount to a Default under section 14. 9. Compensation; Documentation. 9.1. Subject to additions and deductions by written Change Order as provided above, Owner/Client shall pay Contractor the "Contract Price" set forth in Exhibit B as full and complete compensation for performance of the Work. The Contract Price includes all applicable sales, use, excise, and other taxes which may now or hereafter be levied. All compensation for Contractor's performance of the Work shall be as set forth in Exhibit B (and in section 8, in the case of Extra Work), payable monthly in proportion to the Work performed with an amount retained by Owner/Client as security for performance as set forth in Exhibit B. 9.2. Contractor shall bill Owner/Client monthly for Work (including Extra Work authorized by Change Order) performed using an application for payment in a form approved by Owner/Client. The application for payment shall itemize and describe the Work (including authorized Extra Work) performed, identify personnel performing the Work and the time expended (for Work compensated on the basis of hourly rates), with appropriate documentation of all of the foregoing attached thereto. Prior to submitting invoices to Owner/Client, Consultant shall submit same to Program Manager for review. Within 10 days after receipt of each such payment application, Program Manager shall verify the accuracy of the amounts shown on same, correct the value or values where appropriate, and notify Contractor of any changes or disagreements. Provided that Contractor delivers a properly completed, documented payment application to Program Manager, payment of undisputed amounts less amounts retained or withheld pursuant to this Agreement will be due 30 days from Program Manager's receipt of such complete and documented payment application. Contractor agrees to provide any supporting documentation for each payment application which Program Manager or Owner/Client reasonably requests. As a condition to each progress and final payment, Contractor shall provide an executed statutory form of lien waiver and release with each application and upon receipt of payment on same. Any payment made hereunder prior to completion and acceptance of the Work shall not be construed as evidence of acceptance of any part of the Work. Retainage withheld by Owner/Client from progress payments, less a final holdback of 125% of the remaining value of any uncompleted Work, shall be paid to Contractor within 30 days of Substantial Completion, with the remaining holdback paid to Contractor within 30 days of certification that the Work (including all punch list Work) has been finally completed. 9.3. For a period of six years following Substantial Completion, Contractor shall maintain full and accurate records and books of account necessary to document all activities undertaken by or on behalf of Contractor in the course of performing Work hereunder and all amounts billed to Owner/Client. Contractor will promptly make such records available to Owner/Client upon prior written request during normal business hours. 10. Right to Withhold Funds. Owner/Client may withhold or nullify (as appropriate) the whole or a part of any payment to Contractor to such extent as may be necessary to protect Owner/Client from any Loss and Expense (defined below), such as for (1) defective Work not remedied, (2) claims filed or reasonable evidence indicating probable filing of a claim or claims, (3) failure of Contractor to make payments properly to its Subcontractors or workers, (4) reasonable doubt that the Work can be completed within the Contract Price or the Contract Time, (5) damage to Owner/Client's property or work of separate contractors, (6) failure of Contractor to provide certificates of insurance, (7) liquidated damages, or (8) any breach or default in performance by Contractor or any Subcontractor. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4 11. Unforeseen Conditions. If Contractor discovers sub-surface or latent physical conditions which differ materially from those indicated in the Contract Documents, or which are of an unusual nature differing materially from those ordinarily encountered in work of the character provided for in this Agreement, and which would not be foreseen by an experienced contractor similar to Contractor (collectively, "Unforeseen Conditions"), Contractor shall promptly provide a Notice of Potential Claim advising Owner/Client of the existence of such conditions prior to proceeding with any impacted Work. Owner/Client shall investigate the condition and determine whether it constitutes an Unforeseen Condition. If Owner/Client determines it is an Unforeseen Condition, the parties shall negotiate a Change Order to provide for any necessary adjustments to the Contract Price or Contract Time. If the parties are unable to agree as to the existence of Unforeseen Conditions, or on appropriate adjustment(s) of the Contract Price or Contract Time, Contractor shall nonetheless proceed with the Work as required by Owner/Client, as provided in Section 8. 12. Risk of Loss. Owner/Client is not responsible for any loss or damage, however caused, to the materials, equipment or tools used or to be used by Contractor in the performance of the Work. Contractor shall bear the risk of loss to the Work until Substantial Completion (or until final completion for punch list Work). Contractor further agrees to protect the workers of Contractor, Subcontractors, separate contractors, Owner/Client and Program Manager from Contractor's operations. 13. Subcontractors; Employees. 13.1. Contractor will not contract with or otherwise engage, employ or utilize any consultants, contractors, suppliers or other third parties (any such, a "Subcontractor") in connection with the Work without Owner/Client's prior written consent in each instance. Contractor shall furnish Owner/Client with a list of Subcontractors and material suppliers to be used on the Project prior to commencing work on the Project, and shall promptly notify Owner/Client of changes to same. Neither use of a Subcontractor by Contractor, nor Owner/Client's consent thereto, shall relieve Contractor of its obligations under this Agreement. Contractor shall be responsible to Owner/Client for the acts and omissions of its employees and Subcontractors, and their agents and employees. The fees of all Subcontractors are included in the Contract Price. Each Subcontractor's payment for Extra Work shall be governed by the same terms and conditions as those for Contractor. The terms, conditions, and provisions of the Contractor's agreement with each Subcontractor shall be subject and subordinate to, and not inconsistent with, the terms, conditions and provisions of this Agreement. Nothing contained herein shall create any relationship of contract or agency between Owner/Client and any Subcontractor. For purposes of Contractor's obligations and responsibilities under this Agreement, reference to "Contractor" shall be deemed to bind every Subcontractor of any tier, unless the context specifically requires otherwise. 13.2. Contractor shall employ individuals at the site to whom Owner/Client has no reasonable objection. In the event Owner/Client has a reasonable objection to any employee performing Work, it shall notify Contractor, which shall promptly cause the individual to be removed from the Project and replace same with an unobjectionable employee at no cost to Owner/Client. 14. Default. 14.1. Without limiting any other rights or available remedies, Owner/Client may declare a "Default" under this Agreement if the Contractor: (1) refuses or fails to supply enough properly skilled workers or proper materials; (2) fails to make payment to Subcontractors in accordance with the respective agreements between the Contractor and its Subcontractors; (3) disregards or violates any Legal Requirement (defined below); (4) fails to provide Owner/Client adequate written assurances, upon Owner/Client's request, which demonstrate Contractor's willingness and ability to perform the Work within the Contract Time and without increase in the Contract Price, or (5) otherwise breaches any of its obligations under this Agreement. 14.2. Owner/Client shall provide Contractor written notice specifying the nature of the Default and affording Contractor 7 days to cure the Default. If the Default cannot be cured within 7 days, then within the 7 day period Contractor shall commence to cure, submit and obtain Owner/Client's written approval of its cure plan, and thereafter diligently pursue the cure to timely completion. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5 14.3. If the Default remains uncured after the 7 day period expires or if the Contractor fails to obtain Owner/Client's approval of its cure plan during such period, Owner/Client may provide written notice to Contractor and Contractor's surety, if applicable, of termination. Upon termination, Owner/Client may (1) take possession of the site and all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; and (2) finish the Work by whatever reasonable method Owner/Client may deem expedient. 14.4. If Owner/Client terminates for Default, Owner/Client shall not be obligated to make further payments to Contractor until the Work is completed and accepted. Thereafter, if the unpaid balance of the Contract Price exceeds the costs incurred by Owner/Client to complete the Work, Owner/Client shall compensate Contractor for the remaining balance of the cost of Work actually completed and accepted by Owner/Client less Owner/Client's costs. If the cost of finishing the Work exceeds the balance of the Contract Price, Contractor shall pay the difference to Owner/Client within 15 days of written demand. The cost of finishing the Work shall include any professional services or other Loss and Expense incurred by Owner/Client as a result of Contractor's Default. 14.5. If Contractor is terminated for Default, Contractor shall assign its contracts with Subcontractors to Owner/Client upon Owner/Client's request. Contractor's agreements with the Subcontractors shall recognize such right. 15. Termination for Convenience. Owner/Client reserves the absolute right to terminate this Agreement, without cause, upon 7 days' prior written notice. In such event, Contractor shall be entitled to payment ("Termination Payment") in an amount not to exceed the Contract Price, which shall be calculated as follows: (a) Contractor's actual cost for that part of the Work actually completed by Contractor and accepted by Owner/Client; plus (b) other reasonable, documented, out-of-pocket costs actually incurred by Contractor in connection with termination; plus (c) 10% of the foregoing costs for all overhead and profit. Contractor shall not be entitled to any payment for so-called "lost profit." There shall be deducted from the Termination Payment the amount of any payments made to Contractor on account of Work. Contractor shall not be entitled to any claim or lien against Owner/Client or the Project for any additional compensation or damages in the event of such termination and payment. If this Agreement is terminated by Owner/Client for default, and it is later determined that the default termination was wrongful, such termination automatically shall be converted to and treated as a termination for convenience under this section and Contractor shall be entitled to receive only the Termination Payment. 16. Intellectual Property. All plans, drawings, specifications, tests, calculations, reports, samples and other submittals (collectively the "Documents") prepared and furnished by Contractor or any Subcontractor for the Project, together with all Contract Documents and any intellectual property rights in the foregoing, shall be the property of Owner/Client whether the Project is completed or not, and shall be delivered to Owner/Client on the earlier of Substantial Completion or the date of termination of this Agreement. 17. Liens. Contractor shall defend, indemnify, and hold Owner/Client harmless from and against any and all Loss and Expense (defined below) arising by reason of any claims, liens, stop notices, or bond claims for labor, materials, or equipment used or furnished to be used on the Project, or union trust fund payments arising from or relating to Work or the Project (any such, a "Lien"). Contractor shall cause the effect of any such Lien to be released, bonded or otherwise removed from the Project within 10 days after written demand by Owner/Client. If Contractor fails to do so, Owner/Client may use whatever means it deems appropriate to cause the Lien to be removed or dismissed. Any and all resulting Loss and Expense shall be immediately due and payable to Owner/Client by Contractor. 18. Insurance; Bonds. 18.1. Exhibit C sets forth certain insurance requirements and is incorporated herein. Contractor agrees that at all times during the life of this Agreement, it shall maintain at its own cost those insurance coverages specified in Exhibit C. Owner/Client shall be responsible for obtaining builders risk insurance at Owner/Client's cost. 18.2. If required by Owner/Client, prior to commencement of the Work, Contractor shall execute and deliver to Owner/Client a payment bond and/or a performance bond in amounts specified by © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 6 Owner/Client, but not to exceed 100% of the Contract Price, at Owner/Client's expense. The bonds shall be executed by a surety company admitted in California and in a form satisfactory to Owner/Client. The bonds shall not restrict or adversely affect Owner/Client's rights to offset or deduct from payments to Contractor as provided in this Agreement. 19. Indemnification. Contractor shall indemnify, defend, and hold the Indemnified Parties harmless from and against any and claims, liability, loss, damage, costs or expenses, including reasonable attorneys' fees, expert witness fees, awards, fines or judgments (collectively, "Loss and Expense"), resulting from death or bodily injury to persons, injury to property, or other use connected with the Work or the Project to the extent caused by, contributed to or arising from negligent errors or omissions or willful misconduct (whether performed by Contractor or an agent or Subcontractor engaged by Contractor), provided however that Contractor shall not be obligated under this Agreement to indemnify any entity to the extent that the damage is caused by the sole negligence or willful misconduct of Owner/Client or its agents or contractors other than Contractor. The "Indemnified Parties" are Owner/Client, Program Manager, and each of their officers, directors, venturers, parents, affiliates, subsidiaries and agents, and all shareholders, officers, directors, employees and managers of same. 20. Notices. All notices required or permitted by this Agreement shall be in writing and may be accomplished either by personal delivery, first-class regular U.S. mail, express delivery by a reputable national carrier, or confirmed facsimile transmission sent to the party at the address or facsimile number shown in this Agreement. Notices shall be effective on the date of receipt or refused delivery. 21. Governing Law; State Required Terms and Conditions. This Agreement shall be governed by and construed under the laws of the State of California. The State Required Terms and Conditions attached as Exhibit D (to the extent applicable to the Work) are incorporated by reference. Contractor shall perform the Work in full compliance with such terms and any other applicable federal, state and local laws and regulations in effect at the time the Work is performed (collectively, "Legal Requirements"). Among other things, Contractor shall give all legally required notices; obtain all permits and licenses necessary for performance of the Work; pay all local, state and federal taxes associated with the Work; and pay all benefits, insurance, taxes and contributions which are measured by wages, salaries or other remunerations paid to Contractor's employees. Upon Owner/Client's request, Contractor shall furnish evidence satisfactory to Owner/Client that the foregoing obligations have been fulfilled. 22. Prevailing Party Costs. If either party commences any legal proceedings against the other under or related to this Agreement or the Work, including but not limited to proceedings in arbitration or any state, federal or bankruptcy court, the prevailing party shall be entitled to recover its attorneys' fees, expert witness' fees, and all costs of suit, whether or not otherwise recoverable under rule of civil procedure. 23. Modification; Waiver. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by both parties. No waiver of any provision in this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 24. Assignment. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective permitted successors and assigns. Contractor shall not be entitled to assign or delegate any of its rights or obligations hereunder without the prior written consent of Owner/Client; any such assignment is void. Owner/Client may assign this Agreement to an affiliated entity, as that term is defined in California Corporations Code section 150, at any time and without Contractor's consent. Owner/Client will promptly provide notice to Contractor of any such assignment. 25. Savings Clause. If any provision of this Agreement shall be held to be invalid under any applicable Legal Requirement, then such provision shall remain in effect to the extent permitted, and the remaining provisions of this Agreement shall remain in full force and effect. 26. Contractor Licensing. Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 7 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 8 27. Execution. By their signature below, each of the following represent that they have authority to execute this Agreement and to bind the party on whose behalf their execution is made. This Agreement may be signed in counterparts, each complete set of which shall constitute an original. [Owner/Client] [Contractor] By (Signature) By (Signature) Printed Name: Printed Name: Title: Title: Contractor's License #: © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 9 EXHIBIT A SCOPE OF SERVICES [insert] Exhibit A – Scope of Services Page 10 EXHIBIT B COMPENSATION 1. Contract Price. The Contract Price is $_____________. The Contract Price is allocated according to the schedule of values attached hereto. The schedule of values shall serve as the basis for applications for payment during a given period. 2. Retainage. Owner/Client shall retain 5% from each progress payment of the Contract Price as security for Contractor's continuing performance. 3. Extra Work. The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods: (A) Unit prices attached hereto or as subsequently agreed to between the parties; (B) A mutually accepted, lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation by Owner/Client; or (C) the reasonable expense and savings in the performance of the Work resulting from the change on a time and materials basis using the hourly rates attached hereto, plus the Change Order Markup discussed below. If the net result of both additions and deletions to the Work is an increase in the Contract Price, mark-ups shall be calculated on the basis of the net increase to the Contract Price. If the net result of both additions and deletions to the Work is a decrease in the Contract Price, there shall be no overhead or profit adjustment to the Contract Price. Contractor shall maintain a documented, itemized accounting evidencing the expenses and savings associated with all changes in the Work. The aggregate mark-up for the overhead and profit and incremental additional costs of bonds and insurance on all Extra Work for Contractor and subcontractors of every tier shall be limited to ____% (the "Change Order Markup"). [attach schedule of values, hourly rates and any unit prices] Exhibit B – Compensation Page 11 EXHIBIT C INSURANCE Prior to Contractor commencing the Work, and continuing for a period of at least three (3) years following Substantial Completion, Contractor shall, at its sole cost and expense, carry and maintain the following insurance coverages with reliable insurers reasonably acceptable to Owner/Client: 1. General Written on an Occurrence Basis. No Claims Made or Modified Occurrence Policies AM Best Rating of A-, X or Better Contain a 60 Day Cancellation Provision, except for Non-Pay (10 days) The wording "ENDEAVOR TO" and "BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY" deleted from the certificate of insurance. Contractor's insurance shall be primary, with any insurance maintained by an additional insured party being non-contributory. Subcontractors are required to provide Owner/Client with certificates of insurance All certificates of insurance with the required endorsements must be provided to Owner/Client prior to the commencement of Work Owner/Client shall have the right to approve the insurer, form, and content of Contractor's insurance policies 2. Commercial General Liability Limits of at least $1,000,000 Per Occurrence $2,000,000 General Aggregate $1,000,000 Products / Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $100,000 Damage to Rented Premises $5,000 Medical Expenses Maximum deductible of $10,000 per occurrence. Name Owner/Client, Program Manager the State of California and all other Indemnified Parties as additional insureds, on form CG 20 10 11 85 or equivalent (include coverage for Products/Completed Operations) Include Contractual Liability (including Contractor's obligations assumed in this Agreement) Include broad form property damage liability Include premises, operations and mobile equipment liability Include Primary & Non Contributory endorsement/wording Include a Waiver of Subrogation on behalf of additional insured parties Include coverage for Subcontractors and Independent Contractors with no limitations or warranties No exclusions or limitations for Explosion, Collapse, or Underground Hazard No exclusions or limitations for Subsidence, Soil or Earth Movement Defense Costs Outside of the Policy Limits Include a Per Project and Per Location General Aggregate Exhibit C - Insurance Page 12 3. Workers Compensation Comply with all State and Federal statutes Include a Waiver of Subrogation on behalf of Owner/Client, Program Manager, the State of California and all other Indemnified Parties Include Employers' Liability Insurance covering all work places with limits of at least: $1,000,000 Each Accident $1,000,000 Disease – Policy Limit $1,000,000 Disease – Each Employee 4. Automobile Liability Combined Single Limit of at least $1,000,000 for all owned, hired, rented, or borrowed vehicles Written using Symbol 1 – Any Auto for Liability (coverage for Owned, Non-Owned, and Hired Autos) Name Owner/Client, Program Manager, and all other Indemnified Parties as additional insureds Include a Waiver of Subrogation on behalf of additional insured parties Exhibit C - Insurance Page 13 EXHIBIT D STATE REQUIRED TERMS AND CONDITIONS 1. AUDIT: Contractor agrees that the [insert full legal name of Owner/Client] ("Owner/Client"), the or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of Owner/Client to audit records and interview staff in any subcontract or subconsultant agreement related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896.) 2. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor, subcontractors and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor, subcontractors and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full, and Contractor hereby certifies that it has, unless exempted, complied with theses nondiscrimination program requirements. Contractor and its subcontractors and subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts and subconsultant agreements to perform work under the Agreement. 3. ANTITRUST CLAIMS: Contractor agrees that if this Agreement was awarded by means of a competitive bid, Contractor shall comply with the requirements of the Government Codes Sections set out below. a. For the purpose of this Section 3: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by Owner/Client or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means Owner/Client or the subdivision or agency making a public purchase. (Government Code Section 4550.) b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. (Government Code Section 4552.) c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by Exhibit D – State Required Terms and Conditions Page 14 the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (Government Code Section 4553.) d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. (See Government Code Section 4554.) 4. CHILD SUPPORT COMPLIANCE ACT: If this Agreement is in excess of $100,000, Contractor acknowledges in accordance with Public Contract Code 7110, that: a) Contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b) Contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 5. PRIORITY HIRING CONSIDERATIONS: If this Agreement includes services in excess of $200,000, Contractor shall give priority consideration in filling vacancies in positions funded by the Agreement to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 6. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future Owner/Client or State agreements if Owner/Client or the State determine that any of the following has occurred: Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 7. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296.) (Not applicable to public entities.) 8. DOMESTIC PARTNERS: For contracts over $100,000, Contractor certifies that Contractor is in compliance with Public Contract Code Section 10295.3. Exhibit D – State Required Terms and Conditions Page 15 9. CONFLICT OF INTEREST/STATE OFFICERS OR EMPLOYEES: Contractor acknowledges its awareness of the following provisions regarding current or former state employees: a. No state officer or employee may engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. (Pub. Contract Code § 10410.) b. No state officer or employee may contract on his or her own behalf as an independent consultant with any state agency to provide goods or services. (Pub. Contract Code § 10410.) c. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. (Pub. Contract Code §10411.) d. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12- month period prior to his or her leaving state service. (Pub. Contract Code §10411.) 10. LABOR CODE/WORKERS' COMPENSATION: Contractor acknowledges its awareness of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with law, and Contractor agrees to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700.) 11. AMERICANS WITH DISABILITIES ACT: Contractor certifies that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 12. AIR OR WATER POLLUTION VIOLATION: Contractor agrees that it shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to a cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 13. TRENCHING: If the Contract Price exceeds $25,000 and involves the excavation of any trench(es) five feet or more in depth, the Contractor shall submit to Owner/Client or its designated engineer, in advance of excavation, a detailed plan showing design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. (Labor Code Sections 6705.) 14. OTHER REQUIRED LABOR CODE CITATIONS: a. Prevailing Wages; Certified Payrolls. The project is subject to State prevailing wage and certified payroll requirements, and Contractor shall comply with the requirements of Labor Code Sections 1774 through 1776. Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of the prevailing rate of per diem wages are on file at the principal office of the Program Manager (on behalf of Owner/Client) and shall be made available to any interested party upon request. b. Eight Hour Work Day. In accordance with the provisions of Labor Code Section 1810, eight (8) hours of labor shall constitute a legal day's work upon all work done hereunder, and Contractor and any subcontractor or subconsultant employed under this Agreement shall conform to and be bound by the provisions of Labor Code Sections 1810 through 1815. Exhibit D – State Required Terms and Conditions Page 16 c. Apprentices. Contractor and its subcontractors and subconsultants shall comply with the requirements of Labor Code Section 1777.5 regarding employment of apprentices on the project. d. Recitations in Subcontracts. In its subcontracts, Contractor shall be required to recite the following provisions of the Labor Code: Sections 1771, 1775, 1776, 1777.5, and 1815. Exhibit D – State Required Terms and Conditions Page 17 EXHIBIT E PLANS, SPECIFICATIONS AND OTHER CONSTRUCTION DOCUMENTS [attach list of all plans, specifications, and other construction documents to be furnished to Contractor by Owner/Client, with issuance dates] Exhibit E – Plans, Specifications and Other Construction Documents Page 18 EXHIBIT F PROJECT SCHEDULE Contractor shall achieve Substantial Completion by _________ ___, 20__, subject to extensions of time in accordance with the Agreement. The initial Project Schedule is attached hereto, and is subject to revision by Program Manager from time to time. Any revisions to the Project Schedule proposed by Contractor are subject to the approval of Program Manager. The Project Schedule includes a weather allowance of ___ calendar days. [attach Project Schedule] Exhibit E – Plans, Specifications and Other Construction Documents Page 19
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Warrick and Nick investigate the death of an up-and-coming movie star whose body is found in a luxury hotel room where he partied with a woman he met in a casino. Across town, Grissom and Catherine work a triple homicide that involves two Laotian men and a (more…)
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Conclusion. The team tries to prevent a terrorist bombing targeting the Navy, while Gibbs, still recovering from his injury, suffers memory loss. Capt. Gelfand: Brett Cullen. Mike Franks: Muse Watson. Sam Stevens: Cotter Smith. Capt. Mahir: Christopher Mah (more…)
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Conference Board: June Consumer Confidence Extends Gains
Tuesday June 25th, 2013 - 12:00PM
These are shortcuts to your favorite social networking and bookmark sites. Add this story to your Facebook page, del.icio.us, DiggIt, and many others!
The Conference Board has reported that Consumer Confidence, after registering higher in May, came in stronger still in June. The Present Situation Index, describing confidence in the immediate economic situation, increased to 69.2 from 64.8 while the Expectations Index, covering confidence about the next several months, improved to 89.5 from 80.6 in May.
Overall, the Index now stands at 81.4, up from 74.3 in May. An index score of 90 suggests a healthy economy.
In the consumer assessment of the current economic situation, those stating business conditions are good held steady at 19.1% in June, while those saying business conditions are bad decreased to 24.9% from 26%. The proportion of consumers who described the number of jobs available as plentiful increased to 11.7% from 9.9%, although those contending jobs are hard to get edged up to 36.9% from 36.4%.
Lynn Franco, director of economic indicators at The Conference Board, commented in releasing the data, "Consumer Confidence increased for the third consecutive month and is now at its highest level since January 2008, Index 87.3. Consumers are considerably more positive about current business and labor market conditions than they were at the beginning of the year. Expectations have also improved considerably over the past several months, suggesting that the pace of growth is unlikely to slow in the short-term, and may even moderately pick up."
Tags: • Housewares • Cookware & Bakeware • Vacuum Cleaners/Electric Cleaning • Health & Personal Care • Home Décor • Home Environment • Small Electrics • Organization & Cleaning • Tabletop • Gadgets & Kitchen Tools • Retail •
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Arizona Diamondbacks
Diamondbacks president Hall: Offseason is 'going to be fun'
There are a few things Derrick Hall is unhappy about these days.
Sure, the Los Angeles Dodgers celebrating their NL West title last week by taking a dip in the Chase Field pool is one of them, but as the D-backs' President told Arizona Sports 620's Doug and Wolf, "we could have avoided all of that had we taken care of business here."
Hall admitted he may have exhibited "sour grapes" with some of his postgame comments, but added a lot went into it that, if everyone knew exactly what happened, "they would be even more shocked."
But that's in the past, and while Hall and many people associated with the Diamondbacks may have been offended, the team's attention will now turn to making sure there is not a repeat performance next season. And the way to do that, of course, would be to win the NL West themselves.
It is with that goal in mind that Hall says the roster needs some work.
"We're still not far off," he said. "You've got a fairly successful season -- a winning season -- but not not one that we wanted to experience. We wanted to win."
Hall said any season that ends without a playoff birth is not satisfactory, because the goal is to win multiple World Series titles.
The president said that does not mean changes are coming to the front office or coaching staff.
"We just have to all look in the mirror and get back on the same page and ask ourselves what went wrong," he said.
So, what did go wrong?
Anyone who has watched the team knows injuries hurt, as did an inconsistent offense and woeful bullpen. Hall, who said he's not glad to see the season end but cannot wait to get started on next year, is looking forward to the challenge facing the D-backs.
"It's going to be fun," he said. "When you go into the offseason knowing that you have a few tweaks to make and you start to think about who may be out there from a trade-standpoint and how you can improve the club, that's fun, that's exciting."
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Deals in Process and Up To $100M Equity Fund Closed Last Week- March 2015
in Real Estate
"Making Money in Real Estate When You Have No Money" with Ken Sheppard (30+ years Financing/REI) and Dana Legih (20+ years Financing/REI) will explain to you how to make money in real estate when you do not have any money. We started out this way and so can you.
Catch up on what we're working on. Do you have the right deal?
Find our podcasts on the iTunes store under "Making Money in Real Estate When You Have No Money".
You can network with 150,000+ active investors by going to KenRERadio.com and creating a free account.
Please join our online community at CreativeFlips.webs.com and connect with us on LinkedIn- Ken and Dana.
VHDA Loans for Real Estate Professionals and their Clients
in Real Estate
Come learn all about VHDA Loans with the ultimate expert! Listen in as we interview our surprise guest..
VHDA and the FHA Plus program
Who is VHDA and what their mission is.
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You mentioned the recapture tax, how does the recapture tax work?
Can you give us some of the highlights of the VHDA-FHA-PLUS program
So based on all this information who would you say would be a good candidate for the VHDA-FHA–PLUS program.
Using the VHDA-FHA–PLUS program how much would a buyer expect to pay out of pocket to buy a home?
Does the seller have to be concerned that the buyer is using the VHDA program.
Who Am I?
Jim Perkins has been in Mortgage banking for over 30 years and has done many VHDA and FHA Plus program loans.
He has taught many classes on Mortgage financing and in particular the VHDA and FHA Plus Program loan. He was at one time the financing instructor for a major Real Estate firm in the DC area and is currently certified by the state of Virginia to teach financing to Real Estate Agents for continuing education credit.
When you work with Jim in getting your loan it is important to him that you understand the process and know what to expect. This is where his education background plays a big role in providing you the knowledge and confidence to know the loan program you are getting is the right one for you.
MREA: Chapter 3 - Think A Million
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How you think matters and how you think in the beginning really matters!
In this chapter of the Millionaire Real Estate Agent by Gary Keller, we will discussion why you need to first Think A Million. You need to work to learn before you work to earn. I will cover the 9 ways the Millionaire Real Estate Agent thinks so you can begin thinking that way, too! This is the way you will build a twenty lane highway for your future!
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Zombie houses? Don't you just love that phrase? These are the houses banks own, but do not take care of. They want to take care of them, but they are overwhelmed by the sheer number of undead housing in their protfolios. Can you imagine the financial drain caused by these properties? Can you imagine the relief you can bring to a bank by taking over these assets and bringing the them back to life in your portfolio?
Find our podcasts on the iTunes store under "Making Money in Real Estate When You Have No Money".
You can network with 150,000+ active investors by going to KenRERadio.com and creating a free account.
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These 6 Mythunderstandings fall into the areas of Limited Thinking, Mindset and Staying Focused.
Remember, all of the information compiled in this book are from studying, interviewing, coaching and consulting the top Real Estate Agents in the country.
The path of the Millionaire Real Estate Agent goes through four stages - Think a Million, Earn a Million, Net a Million and Receive a Million. They are best pursued in that order. And remember, it is not about the money. It is about thinking big and aiming high - and by doing so, the person you become and the things you achieve are what matter most!
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Listen in at that this powerful interview with my student, Christia Rogers as she shares her success on wholesaling her first real estate deal for a profit of $7900! This lead didn't cost one penny and she is going to share how she got the lead, the process and how she felt once the deal closed!
If your interested in learning how to successfully wholesale and replace your 9 to 5 join us at the TAW LIVE Event Feb. 27th and 28th 2015 in Irving TX, http://www.lolitasheriow.com/taw-liveevent
If can't attend the event but looking to get started and want to join a strong and supportive community, get started with the TAW Mastermind Online Club, http://tawclub.com (30 day money back guarantee if you are not satisfied).
To your success!
Lolita "aka" Lo
Contracting in VA for Real Estate Professionals
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This series of Coaching Sessions will be covering all of the chapters in Gary Keller's National Best Seller, The Millionaire Real Estate Agent. And...it's not about the money, it's about being the best you can be!
In this first session, we will cover Chapter 1 - The Fundamentals. A Real Estate Agent should focus on the models and fundamentals of their real estate business first. Once the models and methods are in place and the business is profitable, then some energy can be diverted to considering other income opportunities. Always lead with revenue. The Millionaire Real Estate Agent Model works in every market, every day! Period!
This first session will be one of 23 sessions. I look forward to coaching you through this entire process. Whether or not you desire to become a Millionaire Real Estate Agent, understanding and applying what this book has to offer will ensure you are as successful as you can and want to be in this career.
Financial Grace: Cultivating Gods Money Trees
in Women
Today's Episode: Inheriting the Land
I heard a long time ago that one of the primary goals people in western society have is to own their own home. Throughout the Old Testament we have story after story of God's promised land and the various trials and struggles God's people endured as they entered the promised land. In the New Testament we learn that the promised land is Jesus indwelling in us and there is a whole lot of theology around this that is not the subject of our discussion today.
For the purposes of Financial Grace in relationship to God, Money and Real Life our home is where we rest and are restored and protected. Our home is supposed to be our safe haven. Because Jesus lives within us, our homes can be anywhere we are. However, it seems to me that throughout all of history 'the promised land' or in our language today, our 'own home' is a strong desire of our heart. As we're told in Psalm 37:4 that if we delight ourselves in the Lord, he will give us the desires of our heart.
This week on Financial Grace, we're going to talk about homes, buying them, renting them, maintaining them, protecting them, selling them, investing in them, and all sorts of financial issues involved with living and maintaining our home in a way that strengthens our relationship with the Lord and assists us in being people He can work through to bring His glory to earth!
Links: www.financialgrace.org/fg-radio
Think YOU Have What It Takes To Be A Real Estate Coach?
in Real Estate
Being a coach takes a unique combination of experience, foresight, patience, and caring - it's something that a lot of successful agents aspire to, but few ever achieve. Today we're discussing the qualities that go into making a successful real estate coach, and why those are qualities that every real estate agent & broker should embrace, whether or not they ever plan to get involved with coaching. Being a coach is an honor & privilege in the real estate industry, and today you'll learn what makes this calling so special.
Schedule A Free Coaching Call
Visit Tim & Julie Harris Online
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Learn How to Invest In Real Estate from a Valuation Specialist
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Mark Jackson, Founder of InvestorCompsOnline
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In 1999, MJ founded an appraisal company and soon after found his true gift was Analyzing Property value for real estate investors. Once MJ began investing himself, the flood gates opened.
Since 2000, MJ has closed numerous real estate transactions across the country using a valuation first approach. MJ's company InvestorCompsOnline was created to help investors domestically and internationally do exactly the same.
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Divine Milk Chocolate Coins
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Every kid's favorite candy treasure, made with gourmet milk chocolate and wrapped in gold foil. A reminder of childhood -- but the chocolate in our gold coins is a prize for the most discerning adult connoisseur. The foil wrapping is embossed with a message of freedom and justice.
- Ingredients: sugar, cocoa butter, dried cream, cocoa mass, whole milk powder, emulsifier: soya lecithin (non GM), vanilla
- Fair Trade Certified
- No artificial flavorings, colorings, or preservatives
- Kosher Certified
- Net wt. 1.8 oz (50g)
- Handmade in and fairly traded from Ghana
May contain trace amounts of nuts and wheat.
Created to help women worldwide gain economic security for themselves and their families by earning fair wages for their handiwork, Global Girlfriend sources women-made, fair-trade imported, eco-friendly products. By supporting long-term partnerships with the artisans, it fosters equal employment opportunities, healthy and safe working conditions, technical assistance, and development strategies to help reduce poverty, one community at a time. Become a "Global Girlfriend" and help build a brighter future for girlfriends around the globe!
For bulk pricing on these and other items, please contact our Customer Service department at firstname.lastname@example.com.
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GlideTV Navigator Wireless Media Remote w/ Touchpad - Final ThoughtsAs the Home Theatre grows in scope the time is ripe for new gadgets in the living room. Today we look at GlideTV - A great compliment to the HTPC.
Final Thoughts
After our time with the GlideTV Navigator and software we were fairly impressed, although it did not exactly replace our media center remote. We have been using it less and less with it only being pulled out to quickly move from one channel to another.
We have also begun using more of the online media services as a result of having them all in one place. Before the only place Hulu, ABC.com and Netflix were all used was in the lab where the mouse for the HTPC system was in easy reach. Now with the range and ease of use the Navigator allows these normally mouse bound apps to be used in a much larger environment.
The What's On service is exceptional and makes it very simple to move back and forth between services to find TV shows and Movies that you might miss if you are bound to one service. As an added bonus, you get the software for free and the Navigator will only cost you $69.99. This puts the GlideTV Navigator in a lower price bracket than many media center remotes.
As it stands right now, the GlideTV Navigator is a great product and from what we have heard, it is only going to get better.
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Group wants Mexico to suspend visas for Mormon missionaries
Brian Nicholson, Deseret News
SALT LAKE CITY — A small group of Latino Utah residents wants the president of Mexico to suspend the visas of Mormon missionaries until the LDS Church takes a stronger stand on the immigration issue.
Raúl López-Vargas says he has collected about 100 signatures on a petition that he plans to deliver to the Mexican Consulate of Salt Lake City on Monday. He is calling for Mexican President Felipe Calderón to sit down with the leaders of The Church of Jesus Christ of Latter-day Saints and ask them to take a concrete position on immigration.
López-Vargas said he believes the LDS Church has the power to influence Utah lawmakers. "They have to say something about this problem," he said.
By not saying anything, López-Vargas believes it gives the impression that the church does not want immigrants in Utah.
"We have made our position clear on the Utah Compact and on the immigration issue," said LDS Church spokesman Scott Trotter, referring to the church's support for the document backed by a wide variety of community leaders. The compact calls for laws that "properly balance love for neighbors, family cohesion, and the observance of just and enforceable laws."
Tony Yapias, director of Proyecto Latino de Utah, said he understands López-Vargas' frustration, but he doesn't believe taking action against LDS missionaries is the right thing to do.
"My personal concern, I don't like to see missionaries be used as a means to resolve our immigration problems," said Yapias, whose own son recently returned from a LDS mission. "I don't think it's a good idea. There are other ways."
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Canada is now at war in Syria
Canada is now at war in Syria. Prime Minister Stephen Harper used his party's Commons majority to authorize extending Canada's military fight against Islamic State militants in Iraq for 12 mont
By: cameronkh | Comments: 15 | Views: 248 | Votes: 0 | Shared: 0
Location: Canada | Leaked: 2 hours ago in Other News
Boeing: Growler Eclipses F-35's Stealth Advantage
Thanks to ArcSpartan - for mentioning this. Boeing: Growler Eclipses F-35's Stealth AdvantageATIONAL HARBOR, Md. -- Boeing is touting the effectiveness of its fourth-generation EA-18G electron
By: givemeadamnname | Comments: 15 | Views: 1890 | Votes: 1 | Shared: 0
Location: Namibia | Leaked: 5 hours ago in Regional News, Politics, Weapons
All Aboard the De-Dollarization Bullet Train!
http://thewealthwatchman.com/all-aboard-the-de-dollarization-bullet-train/ from The Wealth Watchman : The US Dollar's Star Will Soon Flame Out These days it seems that everywhere you tu
By: omniradar | Comments: 28 | Views: 985 | Votes: 3 | Shared: 5
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Pak Mini nukes
OP's note: So essentially Pakistan is acting similar to N. Korea, in other words :like a spoilt 4 year old on a temper tantrum. When it sees toys (that it wants for itself) given to some other kid
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Anti-Bank Hypocrite Democrat Senator PISSED After What Banks Just Did To Her
Senator Elizabeth Warren has made a name for herself among the left for her extreme economic views that paint a picture of banks terrorizing Americans. Like most other liberals, she failed to
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Anti-Shia victim blaming & its roots in Iranophobia
Since ISIS exploded onto the world stage last year, a common meme to have gained traction is that had Iraq's Sunni Arabs been given a bit more power, there would've been no ISIS. This is a dange
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Beyond Left and Right, Beyond Red and White: Framing the Liberation War in Donbass
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Feds hide details of Navy SEALs shootdown
Parents suing for 'betrayal' want government held in contempt An attorney suing the CIA, Department of Defense and National Security Agency over the shootdown of the Extortion 17 helicopter mission
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One Professional Russian Troll Tells All
(I do not own this content) March 25, 2015 Dmitry Volchek and Daisy Sindelar "All the curtains are kept closed," says former professional Russian troll Marat Burkhard. "We're all forbidden from
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Saudi Arabia and Pakistan - a Match Made in Hell (Text Only)
Pakistan's long history of fighting Saudi Arabia's wars By Ishaan Tharoor March 27, 2015 Saudi Arabia's campaign against Houthi rebel forces in Yemen, which began with waves of
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Russia Has Constructed Massive Underground Shelters In Anticipation Of Nuclear War
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Leaked: 5 days ago in Other
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Monthly Archives: November 2011
Archive of posts published in the specified Month
Written on Nov, 08, 2011 by Airicka Phoenix in Sadistic Author Diaries | 4 Comments.
I'm a strong believer of good news last to mask the bitter taste of bad news. So, we'll stick with that.
The bad news, winter is here, and with it, a thick canopy of rainclouds. But given that I hate snow, rain is nearly tolerable, except when you have to walk around in it daily. Still, better than snow, because in British Columbia, snow doesn't stay snow for longer than it takes to hit the ground, then, it's a messy, slippery muck and usually, it goes to your knee. Luckily it doesn't stay very long.
Now for some good news.
I've reached 27,846 words on my NaNoWriMo! YAY me!
Continue Reading...


text:
HARMANâs JBL Professional EON600 Series Brings Studio Monitor Sound to Portable PA Loudspeakers
ANAHEIM, California â At Winter NAMM 2013, HARMANâs JBL Professional is announcing the latest addition to its legendary EON portable loudspeakers with the new EON600 Series. A complete departure from traditional approaches to affordable, self-contained and portable PA systems, the EON600 Series was purposely designed and built from the ground up using JBLâs advanced waveguide technology and proprietary transducers. The EON600 Series brings the extraordinary quality of high-end studio monitors to a highly flexible, easy-to-use PA system.
âWeâve found a way to deliver studio monitor quality sound in a portable PA system, which is only possible by leveraging JBLâs revolutionary innovations in waveguide and transducer development,â said Andy Flint, Senior Manager, Portable PA Marketing, JBL Professional. âThe striking design of the EON600 is a logical extension of the groundbreaking EON format, applying the latest technologies in cabinet materials, acoustic science, transducer design and user-friendliness.â
The first model in the EON600 Series is the EON615 15-inch 2-way loudspeaker. It features built-in, 1000-watt power amplification, providing exceptional headroom for a variety of applications, from fixed PA to gigging bands. Custom JBL high- and low-frequency transducers deliver massive sound pressure levels with lower distortion throughout the frequency range.
The foundation of the EON615′s performance is a breakthrough approach to waveguide design, solving the inherent beaminess of conventional speaker systems that causes them to have a different frequency response off-axis than on-axis. JBL engineers examined the radiation characteristics of the EON's high- and low-frequency drivers at 36 different points employing JBL's exclusive, state-of-the-art measurement techniques, then designed individual waveguides for both components that control the sound radiation at the high frequencies, the crossover point, and at the low frequencies.
Special fluting is designed into the structure that guides the frequencies through the full range of the system, resulting in consistent response throughout its 90-degree coverage pattern. The quality and consistency between on-axis and off-axis response delivers uniform coverage and high intelligibility, which means the EON615′s smooth, transparent sound is the same for the entire audience. These characteristics are the foundation of high-end studio monitor sound and are now available for the first time in a portable, affordable system.
Knowing that fine-tuning sound requires sophisticated yet convenient control, JBL engineers developed an iOS and Android supported interface to be paired with the Bluetooth Smart Ready 4.0 for controlling master volume, adjusting the 5-way, user-definable parametric EQ, and saving and recalling user presets. The interface controls EONâs onboard best-in-class 32-bit, 130 mHz, ultra-low power, audio DSP subsystem, so it's fast and efficient with superb audio quality. Four strategically placed handles allow easy handling, indexed feet allow secure stacking, transportation and storage, and extra-strong enclosures ensure rugged reliability, a hallmark of all JBL products.
HARMAN (www.harman.com) designs, manufactures and markets a wide range of audio and infotainment solutions for the automotive, consumer and professional markets â supported by 15 leading brands, including AKG®, Harman Kardon®, Infinity®, JBL®, Lexicon® and Mark Levinson®. The Company is admired by audiophiles across multiple generations and supports leading professional entertainers and the venues where they perform. More than 25 million automobiles on the road today are equipped with HARMAN audio and infotainment systems. HARMAN has a workforce of 14,600 people across the Americas, Europe, and Asia and reported sales of $4.5 billion for the last twelve months ended September 30, 2013.
Related Topics: Loudspeakers, NAMM Newslink, New Products, News
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Lighthouse Evangelism Upgrades with Two SSL Live. L500 Consoles
SSL Live. L500 Consoles Deliver Flawless Performance for 30th Annual Victoires de la Musique


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Actor-director James Franco talks about his documentary "kink," which premiered at the Sundance Film Festival. Franco is involved with three movies at the Sundance Film Festival that deal with sex, pornography, bondage and discipline. AP video. (Jan. 23)
Cops: Pedestrian struck in Lake Success East Village fire injures dozen, 3 critically Cop hurt in hit-run among 51 promoted Meet one of LI's 'Little Free Library' owners Cops: 9 students arrested in street brawl caught on video Young LI actor talks 'Unbreakable Kimmy Schmidt' role Cops: Man robs Domino's, takes 2 pizzas to go Hofstra conference considers George W. Bush's legacy Susan Lucci's Quogue home on the market Advocates rally for tuition aid linked to state Dream Act Officer in Bay Shore shooting a hero, police say 'Soup Nazi' talks 'Seinfeld,' serves LI fans


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Vinotemp 50SBW Black and Stainless Wine Cooler - 50 BottleItem # HN-VNT169
- Holds approximately 50 bottles
- Under-counter or free-standing convenience
- 7 roll-out wood and metal shelves
- Dual-paned glass door with interior light
- Brushed stainless steel door frame on black cabinet body
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Hamilton Beach 59785 2 Speed Hand Blender with Case
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KitchenAid KSM150PSGC 5 Qt. Artisan Series Stand Mixer - Gloss Cinnamon
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Bowflex SelectTech 1090 Adjustable Dumbbells- 10-90 lbs.
$279.99 - $829.98
Reviewed by 1 customer
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Comments about Vinotemp 50SBW Black and Stainless Wine Cooler - 50 Bottle:
By that I mean that the first one does such a good job in my outdoor Tiki bar(and has for 4 years) I bought another for the outdoor kitchen. And......it looks good too
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architecture jobs near Lebanon, OK
Baby Sitting/TransportationNEW
Care.com- Ardmore, OK
Ardmore family needs a full-time nanny. Must love kids! Our ideal match will meet the requirements below. Pick-up and Drop-off at school daily. Watch child while school is not in...1 day ago from Care.com
CAD Catia Engineers
Compnova- Gainesville, TX
Title: CAD Catia Engineers Location: Gainesville, TX Duration: Long Term Job Description: Overall 4 6 years experience Drawing Generation and updation ( 2D & 3D) Legacy support,...30+ days ago from CompNova
Principal Engineer - Penetration Tester
Mayo Clinic- Sherman, TX
Audits, Business Continuity Security Architecture, Intrusion Detection, Physical ... of network protocols, security architecture, and remote access security...8 days ago from Mayo Clinic
276147- CAD developer
Compnova- Gainesville, TX
Hi, This is Mary from CompNova, Inc. We have an immediate requirement for our direct client. Job Title: 276147- CAD developer Duration: 6 Months Location: Gainesville, TX Job...30+ days ago from CompNova
Product Design and Industrialization Engineer (Ardmore, Oklahoma)
Michelin North America- Ardmore, OK
on a 24 / 7 basis, as needed. * Validates architecture, aspect, and process for all tire models. * Maintenance Provides guidance and leadership for plant quality and production...18 days ago from NationJob
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Holiday Inn Express Poughkeepsie
No availability found through our partners. Please contact the business directly or check some of our recommended alternatives.
- Shuttle bus service
- Continental Breakfast
- Restaurant
- Free High-Speed Internet
- Swimming pool
- Fitness/Health center
Photos of Holiday Inn Express Poughkeepsie
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Travel Blogs from Poughkeepsie
Traveling Down the Hudson
This is help keep the map correct!
guess I could share here that a couple I met on the 2nd day of hop on/off bus were from Destin and they were also traveling on the train, named the Adirondack. We were in the observation car together. There was also a really neat lady from the 1000 islands area of New York. She was fun to talk to. At one …
Swinging By to See Friends
... and Christina were home. Unfortunately, the rest were in class. I arrived at Marist at 10:40am and was leaving by 10:52am, Mom read in the car while i visited with Amber and Christina. I didn't get to see everyone but nevertheless, I was extremely excited to catch up with them quickly before they left for class. We watched videos and saw pictures of what they had ...
Friday-Travel Day
On my flight to LA so I thought I would start my Spartan Malibu blog. I'll arrive in LA at noon then it's an hour car ride to Malibu. I'll settle in, check into the hotel and get a lay of the land. I still need to buy some stuff for the race but wanted to wait until I got to LA. Anyway, the way the race is designed we have no idea what to expect as far as obstacles or distance. the website says ...
In Poughkeepsie
... turn and no exits for 12 miles. Finally found a truck stop, Fray asked for help, we found a shortcut but it took 1.5hrs to get home & it was completely dark & raining the whole way. Sooo stressful. Took the shine off an otherwise great day. Didn't feel like driving anymore so walked to dinner at the Italian restaurant next door again. The photos on Insta show the ridiculous pizza we got (thought sharing a meal would reduce the waste). Wine ...
In hindsight......
... find pretty coffee shops & walk wherever we want but we can't. So we got in the car & went up the road to a Galleria (American for big shopping mall). We found our first Gloria Jeans so got a coffee. I swear I'll be diabetic by the end of this trip. I can't wait to get home & have a proper coffee. We had dinner at the Italian restaurant next door to the hotel (see insta for details of that crazy bowl of pasta) & called it a night. Rain forecast for tomorrow. It's not cold ...


text:
Fantasizing about opening a can of alpha dog is one thing, but actually doing it is another. Your owner doesn't need the extra drama and neither do you. Don't get sucked into any showdowns with other dogs.
Navigate the Relationship Road Map
I love the word " true love "
March 29, 2015
If you own a small business you'll fit right in with today's 'National Mom and Pop Business Owners Day.' Feng Shui says that if by adding water to your office you can increase important connections with people who can help your business grow. A... More
Learn the secrets of building a long-lasting relationship and fulfilling the needs of your partner.
There's a "drink wine" day... who knew?
I see what you mean Sue
Rather sad that Care2 has not updated these


text:
The International Code Council has setup a new standard for building homes that are more "resistant" to hurricanes. These homes should withstand winds of up to 150 mph and the codes will apply to homes located in the East and Gulf Coasts, coastal Alaska and the Columbia River Gorge in Washington and Oregon.
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Timothy Dahl
Founder/EIC at Charles & Hudson
Timothy's background includes stints at This Old House, ELLE DECOR, Metropolitan Home and Woman's Day. His work has been published on Wired Design, Bob Vila, DIY Network, The Family Handyman and Popular Mechanics and he has been featured on the Martha Stewart radio show and as a speaker at the ALT Design Summit, K/BIS and the National Hardware Show.
Latest posts by Timothy Dahl (see all)
- Camp in Style with a DIY Folding Tripod Stool - March 31, 2015
- Magnetic Fire Hose® Work Pants: The Next Generation in Work Wear - March 30, 2015
- Spring is the Perfect Time Change Out Your Burnt Out Bulbs - March 30, 2015


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Real news. Real funny.
Real news. Real funny.
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