HomeMy WebLinkAboutUntitled.PDF - Adobe Acrobat Pro (2)HOMEOWNER/CONTRACTOR AGREEMENT
This agreement entered into this _jj__ day of D~ , 2017 by and between James Manuel
Trinidad and Annette Ortiz Trinidad, hereinafter referred to as "Owner" and Florida Retrofit, Inc.
hereinafter referred to as "Contractor", with financing provided by St. Lucie County in the amount of
$51,953.90.
1. HOLD HARMLESS. In consideration of the compensation received hereunder, Contractor
shall agree to defend, indemnify, and hold harmless the Owner and, St. Lucie County from liability and
claim for damages because of bodily injury, death, property damage, sickness, disease or loss and
expense arising from Contractor's Performance under this agreement to install or construct home
improvements to be paid for out of the proceeds of the Owner's rehabilitation loan. Contractor is acting
in the capacity of an independent Contractor with respect to the Owner. These funds will be used to
count towards any required match for the HOME Investment Partnership program.
2. LIEN WAIVERS. Contractor agrees to protect, defend and indemnify Owner and St. Lucie
County from any claims for unpaid work, labor, or materials with respect to Contractor's Performance.
Final payment shall not be due until the contractor has delivered to the Owner complete release of all
liens for work completed arising of contractor's Performance or a receipt in full covering all labor and
materials for which a lien could be filed or a bond satisfactory to the Owner indemnifying him against
any lien. It is expressly agreed to by the parties that the compensation to be paid to the Contractor
pursuant to their agreement includes compensation for the indemnification provided in paragraph 1 and
2.
3. CONTRACT AMOUNT AND PAYMENT SCHEDULE. The County shall pay the
Contractor for the performance of this Contract and completion of the project in accordance with the
Contract Documents, subject to adjustment by change order, the total amount in current funds being:
Not to exceed $51,953.90 as follows:
Payments of the base bid/quote amount will be scheduled as follows, subject to the Owner's acceptance
of work done:
$25,976.95
$25,976.95
4. TIME FOR PERFORMANCE. Owner shall provide written authorization to contractor to
commence work. The Contractor agrees to start work within J calendar days after receipt of a written
Notice to Proceed. The contractor agrees to apply for permits within~ days of contract signing.
Contractor agrees to complete work within 60 days of Notice to Proceed. If completion is delayed for
reasons beyond Contractor's control, Contractor shall provide timely notice to the Owner of the reasons
for such delay. If such good cause is claimed by the Contractor, it shall be Contractor's obligation to
substantiate its claim by adequate documentation.
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In the event Contractor shall fail to complete work within the agreed upon period and fails to provide
evidence of good cause for such delay, Owner shall have the right to declare Contractor in default. In
such event, Owner shall be responsible for providing written notice to Contractor by registered mail of
such default. If Contractor fails to remedy such default within 15 calendar days of such notice, Owner
shall have the right to select a substitute Contractor. If the expense of finishing the work exceeds the
unpaid balance of this Contract, the Contractor shall pay the difference to the Owner.
5. CHANGE ORDERS. Owner and Contractor expressly agree that no material changes or
alterations in the description of work or price provided above shall be made unless in writing and
mutually agreed to by both parties and authorized by St Lucie County.
6. PERMITS AND CODES. Contractor agrees to secure and pay for all necessary permits and
licenses required for Contractor's Performance and to adhere to applicable local codes and requirements
whether or not covered by the specifications and drawings for the work, including any Contractor
registration requirements
7. INSURANCE. Commercial General Liability: The Contractor shall maintain and, prior to
commencement of this contract, provide the County with evidence of commercial general liability
insurance to include: 1) for limits of not less than $1,000,000 per occurrence; and 2) a general aggregate
limit of not less than $2,000,000. The policy shall also provide the County will be given a thirty (30)
day written notice of cancellation.
Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this
contract, provide the County with evidence of business automobile liability insurance to include: 1)
coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury
& property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory
limits. The policy shall also provide the County will be given a thirty (30) day written notice of
cancellation or non-renewal.
Workers' Compensation and Employers Liability: The Contractor shall maintain and, prior to
commence of this contract, provide the County with evidence of workers' compensation insurance
providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability
coverage with limits of not less than $500,000 for accidents or disease. The policy shall also provide the
County will be given a thirty (30) day written notice of cancellation or non-renewal.
8. WARRANTY. For goods and valuable consideration, Contractor hereby agrees to provide a full
one-year warranty to the Owner, which shall extend to subsequent owners of the property to be
improved. The warranty shall provide that improvements, hardware and fixtures of whatever kind or
nature installed or constructed on said property by the Contractor are of good quality, and free from
defects in workmanship or materials or deficiencies subject to the warranty contained in this paragraph
provided. Contractor and Owner agree, however, the warranty set forth in this paragraph shall apply
only to such deficiencies and defects as to which Owner or subsequent owners shall have given written
notice to the Contractor, at its principal place of business, within one (1) year from the date of
Contractor's request for final payment, stating that all work under contract has been completed.
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9. SCOPE OF WORK. Contractor acknowledges that it has prepared the Contractor's Proposal
(Part II of the Agreement) and that such proposal is accurate and consistent as to the name of Contractor,
scope of work that the Contractor will undertake, and price. Contractor acknowledges the performance
requirement established in the write-up and warrants that all work undertaken will conform to said
specifications. The work shall be performed on the property located at 2614 Newport Drive, Fort
Pierce, FL 34982
10. REMOVAL OF DEBRIS. Upon completion of work, contractor agrees to remove all
construction debris and surplus material from the property and leave the property in a neat and broom
clean condition.
11. SUBCONTRACTORS. Contractor agrees that all the warranties contained herein shall apply to
all work performed under the Contract, including that performed by Subcontractors.
12. MEDIATION. In the event of a dispute between the parties in connection with this Contract, the
parties agree to submit the disputed issue of issues to a mediator for non-binding mediation prior to
filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available
from the Clerk of County for St. Lucie County. The fee of the mediator shall be shared equally by the
parties. To the extent allowed by law, the mediation process shall be confidential and the results of the
mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence
in any subsequent proceeding concerning the disputed issue.
13. ATTORNEYS' FEES AND COSTS. In the event of any dispute concerning the terms and
conditions of this Contract or in the event of any action by any party to this Contract to judicially
interpret or enforce this Contract of any provision hereof, or in any dispute arising in any manner from
this Contract, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses,
including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal
assistant fees, costs and expenses and other professional fees, costs and expenses, whether suite be
brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on
appeal.
14. PROHIBITION OF KICKBACKS. By its signature below, the Contractor affirms that the
Contractor nor any of its officers, partners, owners, agents, representatives, employees or parties in
interest has in any way colluded, conspired, connived or agreed, directly or indirectly with any other
Bidder, firm or person to submit a collusive or sham Bid in connection with the Contractor for which the
attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in
any manner, directly or indirectly, sought by agreement or collusion or communication or conference
with any other Bidder, firm or person to fix any overhead, profit or cost element of the Bid price or the
Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful
agreement, any advantage against the owner or any person interested in the proposed Contract. The price
or prices quoted are fair and proper and are not tainted by any collusion, conspiracy, connivance or
unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or
parties in interest.
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15. INTEREST OF MEMBERS, OFFICERS, EMPLOYEES OF PUBLIC BODY, MEMBERS
OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS. No, officer, or employee
of St. Lucie County, or its designees or agents, no member of the governing body of the locality in
which the program is situated, and no other public official of such locality or localities who exercises
any functions or responsibilities with respect to the program during his tenure or for one year thereafter,
shall have any interest, direct or indirect, in any contract to subcontract, or the proceeds thereof, for
work to be performed in connection with the program assisted under the Agreement.
16. PROHIBITION OF BONUS OR COMMISSION. The assistance provided under this
Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining
local government approval of the application for such assistance.
17. ACKNOWLEDGMENT. The above warranties are in addition to, and not in limitation of, any
and all other rights and remedies to which the Owner, or subsequent owners, may be entitled, at law or
in equity, and shall survive the conveyance of title, delivery of possession of the property, or other final
settlement made by the Owner and shall be binding and on undersigned notwithstanding any provision
to the contrary contained in any instrument heretofore or hereafter executed by the Owner.
18. PUBLIC RECORDS. The Contractor shall allow public access to all documents, papers, letters,
or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Contractor in conjunction with this Contract. Specifically, the Contractor shall:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the
County in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that the
County would provide the records and at a cost that does not exceed the cost provided in state law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the County all
public records in possession of the contractor upon termination of the contract and destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to the County in a format that is compatible with the
information technology system of the County.
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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE CONTRACTOR
SHOULD CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS AS
FOLLOWS:
COUNTY ATTORNEY'S OFFICE
2300 VIRIGNIA A VENUE
FORT PIERCE, FL 34982.
(772) 462-1441
BellamyS@stlucieco.org
19. DISCLAIMER. The Contractor and Owner hereby acknowledge that this Contract is solely
between the Contractor and Owner and that the local government and its Agency are not parties to this
Contract; have no interest in this Contract; and are acting solely as a conduit through which federal
funds are made available to private individuals for rehabilitation of the Owner's property; and that the
local government and its Agency is not responsible on behalf of either the Owner or Contractor for any
actions, causes or actions, suits, dues, sum of money, accounts, variances, damages and liabilities
whatsoever both in law and equity or which may result from the existing state of things which have
existed or will exist between the Owner and Contractor.
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or and Owner hereby acknowledge acceptance of this agreement: -(_;/ /#IT
es Manuel Trinidad _/ D e On rfto.'JuaA.duJ. IZ -76-~ol7
Annette Ortiz Trinidad Date
STATE OF FLORIDA
COUNTY OF ST. LUCIE
Before me personally appeared James Manuel Trinidad and Annette Ortiz Trinidad who
acknowledged to me that they executed the foregoing instrument this 2Q_ day of December 2017.
Florida Retrofi~
2840 Kirby Circle #3
Palm Bay, FL 32905
STATE OF FLORIDA
COUNTY OF ST. LUCIE
~ ~.J;:tMM.J
Nota Public
Before me personally appeared ____________ who acknowledged to me that they
executed the foregoing instrument this ___ day of _________ , 2017.
My Commission Expires:
Notary Public
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Annette Ortiz Trinidad
STATE OF FLORIDA
COUNTY OF ST. LUCIE
c
Date
Before me personally appeared James Manuel Trinidad and Annette Ortiz Trinidad who
acknowledged to me that they executed the foregoing instrument this __ day of December 2017.
My Commission Expires:
Flopda Retrofit, Inc.
2840 Kirby Circle #3
Palm Bay, FL 32905
STATE OF FLORIDA
COUNTY OF ST. LUCIE
Notary Public
Before me personally appeared ..:J4 ,.._.r{_ '-!J. P vz_ 3 who acknowledged to me that they
executed the foregoing instrument this ...r day ~f--=-':T_.:.,__,__ ______ , 201 f.P
My Commission Expires: ~~
"" Notary Public
__.,J~~n OF COUNTY COMMISSIONERS
COUNTY, FL DA
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ATTEST:
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BOARD OF COUNTY COMMISSIONERS
STLw.. ~OU~~TY,FL A _,
B~~~~~-------------~~~~~~--
H
DATE: 1¥y~z
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
c GlB #2018-002 #003
St. Lucie County Hurricane Loss Mitigation Program (HLMP)
Work Write-Up/Bid Form
Owner: James Trinidad
Address: 2614 Newport Drive, Fort Pierce, FL 34982 Home built: 1971
Phone: Cell: (56I) 262-5084 & E-mail: Jamestjuly29@gmail.com
The work write-up/bid form is a general outline of the work to be performed. Please refer to the project specification
booklet for detailed instructions for each item noted below.
All items must be cost itemized in the space provided, each page of the bid documents that require signature must be
signed by the contractor and received before the deadline or the bid will be rejected.
Please note that items below are: wind mitigation items.
$ 1095.00
• Replace 1 exterior door (back single door by garage) with
hurricane impact door-to be outswing (HLMP IS ONLY Florida Product
1 Doors ALLOWING 1 EXTERIOR DOOR REPLACEMENT-the Approval Code:
remainder of the doors shall be covered with accordion
shutters. FL-10846-R1
$ 5152.50
2 Garage • Replace garage doors with Hurricane impact doors.
Door Florida product approval code must be listed to the right. FL Product Approval
Code:
FL-1527-127
$ 12820.00
• Provide accordion shutters on all windows, sliders and
3 Shutters doors with the exception of: 1 new Hurricane Impact Florida Product exterior door and the garage doors. Florida product Approval Code: approval code must be listed to the right. EL:1850-B:1 Q-Sbutters
FL 16903-R4-Rolldowr
• Remove old shingles, dispose & replace shingles with Re-roof price:
new architectural grade shingles. $ 15054.00
4 Roof Provide total roof square footage: 3860 Florida Product
Approval Code:
El ~444-R10
Page 9 of II
5 •
Decking
Secondary •
6 Water
Barrier
•
7 Straps or
clips
8 Fascia & •
Soffit
•
Metal
9 porch roof
10 Repair •
11 Misc. •
0 <t\n #2018-002 #003
$ 150.00
Replace deteriorated roof decking and support members 3 sheets of decking
where needed. Figure 3 sheets of decking and PROVIDE
A PER SHEET PRICE. $ 50.00
Per sheet price
Full coverage Secondary Water Barrier (SWB)
$ 1930.00
FL Product Approval
Code: FL-17084-5
Add straps or clips to achieve the highest possible credit
on the homeowner's insurance premium. $ 3200.00
Replace fascia board and soffits.
$ 2840.00
Replace metal roof and slope the flat metal roof towards
the drain edge--refer to page 5 on the Property $ 6200.00
Inspection Report located on the SLC Portal.
FL Product ~roval
Code: FL 1-RS
Repair cut trusses -refer to page 10 of the Property
Inspection Report located on SLC Portal. $ Z6Q.QQ
Repair /replace any damage affected by the scope of
work detailed above. Paint items where required. $ 850.00
TOTAL PROJECT COST$ 50,051.50
Per addendum 1 Replace windows@ $475.60 each x4=1902.40
TOTAL PROJECT COST$ 51,953.90
Page 10 of II
0 ~B #2018-002 #003
THIS PAGE MUST BE INCLUDED WITH THE BID FOR IT TO BE VALID
All work to be perfonned in a workmanlike manner, in accordance with the Housing Program Specifications.
State/local codes, Section 8 minimum housing standards and manufacturer's specifications. The contractor shall
be responsible for the repairs and/or reinstallation of materials/equipment/fixtures damaged or removed due to
any work item contained herein. Contractors shall properly dispose of all fixtures, materials and other items
removed from the dwelling unless otherwise specified herein.
All items must be cost itemized in the space provided, each page of the bid documents that require signature!!!.!!!!
be signed by the contractor and received before the deadline or the bid will be rejected.
Work must be completed and approved within 60-days of the Notice to Proceed. This house is to be occupied
for 60-days. If you cannot fulfill the time requirements of the project please do not submit a bid.
I hereby certify that I am licensed by the State of Florida, Department of Business and Professional Regulation,
and that I am eligible to participate in the St. Lucie County Housing program.
Contractor Information:
Name: Florida Retrofits, Inc.
Address: 2840 Kirby Circle #3
Palm Bay, Fl 32905
Phone: 877-659-8354
Signature:
Page 11 of 11
BOARD OF COUNTY
COMMISSIONERS
Date: November 7, 2017
To: All Prospective Bidders:
0 •
y~i!ii!J'@~~~. .
COUNTY '~
FLORIDA
ADDENDUM#1
Hurricane Loss Mitigation Program (HLMP)
COMMUNITY SERVICES
HOUSING DIVISION
Diana Wesloski
Director
The following items are to be added to the scope of work on the Bid Documents of the above notated projects,
and shall become an integral part of the Contract Documents. Please note the contents herein and affix same
to the documents you have on hand. Indicate on the Bid Form that this Addendum has been received.
Property ID 003 (Trinidad)
Repair any non-functioning windows if able to be
repaired. If they cannot be repaired, replace with
regular windows. 4@1902.40
$ 1902.40
Please sign and include in bid documents when submitted. If not included, bid will be deemed disqualified.
Name of Firm: Florida Retrofits, Inc.
Signature: ~
........
Date: f 1 --;. :J-,-I
Page 1 of 1
ADDENDUM #1 -HLMP
St. Lucie County Board of County Commissioners
2300 Virginia Avenue • Fort Pierce, FL 34982-S6S2 •PHONE (772)-462-1400 • FAX (772) 462-1294