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HomeMy WebLinkAboutAgreement Between Owner and ContractorAgreement Between: Owner and Contractor Pagel of 11 Contract Type: where the basis for Payment is a Stipulated Sum Document No. 0CSS i♦01 Date of Contract Agreement: 5/12/2020 Owner. (Name, address and other information) Contractor: (Name, address and other information) The Project is: The Architect is: (Name, address and other information) C.S.M. ENGINEERING, LLC 208 S.W. OCEAN BLVD. STUART, FLORIDA 34994 Off L772) 220-4601 CADarden@CSM-E.net Agreement Between: Owner and Contractor Page 2 of 11 Contract Type: where the basis for Payment is a Stipulated Sure Document No. 0CSSI®I The Owner and Contractor agree as follows. TABLE OF ARTICLES THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUMP! 6 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 6 MISCELLANEOUS PROVISIONS ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions.of the Contract (General, supplementary and dther Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9.. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contact Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 BATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 the date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, -the Owner requires time to file mortgages, and other security interests, the Owner's time requirement shall be as follows: N/A § 3.2 The Contract Time shall be measured from the date of commencement. Agreement Between: Owner and Contractor Page 3 of 11 Contract Type: where the basis for Payment is a Stipulated Sure Document No. OCS5101 § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Ninety (90) days From the date of commencement, or as follows: (Insert` number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert any requirements for earlier Substantial Completion of certain portions of the Work.) Portion of the Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for early completion of the Work.) ARTICLE 4 CONTRACT Slilllll § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be ONE HUNDRED FIFTY FOUR THOUSAND TWO HUNDRED AND EITHY SIX US DOLLARS AND 50/00 ($ 154,285.50), subject to additions and deductions provided in the Contract Documents. § 4.27he Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner. (State the number of other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) See attached quote. Total Contract Sum is based on the estimated quantities provide by the engineer for bidding purposes. Additional quantities as approved by the enZD gineer will result in additional charges. Any design fees charged by the engineer are the responsibility of the owner. Owner will provide access to water and electricity free of charge At least 5 parking spots will be provided to Golden Construction, Corp free of charge T� Agreement Between: 01mer and Contractor Page 4 of I Contract Type: where the basis for Payment is a Stipulated Siam Document No. OCSSI01 NETTLES ISLAND, INC. CONCRETE RESTORATION PROJECT 2020 ���� ®ES�R9���® EST UNFIT� �� ����E ESA'. PRICE L PUMP ROOM REPAIRS MOBILIZATION 1 LS $ 6,418.00 /LS $ 6,418.00 DEMOBILIZATION 1 LS $ 2,139.00 /LS $ 2,139.00 PERMITING AT COST 1 LS $ 2,000.00 /LS $ 2,000.00 CONCRETE FOOTING NEW 1 CF $ 185.00 / CF $ 9,250.00 PRIMING AND PAINTING 705 SF $ 2.50 /SF $ 1,813.00 WATERPROOFING (SONOSHIELD SONOGUARD) 360 SF $ 7.60 /SF $ 2,736.00 PREPARATION & TESTING OF CONCRETE CYLINDERS 1 EA $ 450.00 /LF $ 450.00 DUST WALL INSTALLATION AND REMOVAL 150 LF $ 48.00 /LF $ 7,200.00 REMOVE & DISPOSE EXTERIOR DOORS 1 EA $ 450.00 / EA $ 450.00 REMOVE & DISPOSE OF EXISTING CONCRETE LOWER 3 EA $ 350.00 / EA $ 1,050.00 DEMO —CONCRETE ROOF AND BEAM 1 LS $ 2,530.00 /LS $ 2,530.00 NEW CONCRETE BEAM 126 CF $ 255.00 / CF $ 32,130.00 NEW ROOF SLAB 300 SF $ 85.00 /SF $ 25,500.00 STUCCO ROOF 300 SF $ 18.00 /SF $ 5,400.00 STUCCO ENTIRE BUILDING 550 SF $ 18.00 /SF $ 9,900.00 INSTALL NEW VINYL LOUVER 3 EA j $ 250.00 / EA $ 750.00 EXHUAST FAN 1 EA 1. $ 600.00 / EA $ 600.00 GUTTER & DOWNSPOUT 1 LS $ 1,300.00 /LS $ 1,300.00 INSTALL NEW STEEL DOOR 1 LS $ 3,600.00 /LS $ 3,600.00 ELECTRICAL CONDUIT 1 EA $ 300.00 / EA $ 300.00 TOTAL LUMP SUM CONTRACT PRICE $ 115,515.60 Ilo ON SI°TEPUMP ROOM REPAIRS , MOBILIZATION 1 LS $ 2,750.00 /LS $ 2,750.00 DEMOBILIZATION 1 LS $ 700.00 /LS $ 700.00 PERMITING AT COST 1 LS $ 500,00 /LS $ 500.00 CONCRETE BEAMREPAIR/REPLACEMENT 18 CF $ 275.00 / CF $ 4,950.00 CONCRETE COLUMN REPAIR 20 CF $ 275.00 / CF $ 5,500.00 i Agreement Between: ®wner and Contractor Contract Type: where the basis for Payment is a Stipulated Sum Page 5 of 11. Document No. OCSSI01 CONCRETE DECK SLAB REPAIR (FULL DEPTH) I 0 SF $ 85.00 /SF $ 0.00 CONCRETE DECK SLAB REPAIR (OVERHEAD) 0 SF $ 98.00 /SF $ 0.00 CONCRETE DECK SLAB REPAIR (PARTIAL) 10 SF $ 82.00 /SF $ 820.00 CONCRETE DECK SLAB REPAIR (EDGE) 0 SF $ 110.00 /SF $ o.0a CONCRETE WALL REPAIR 30 CF $ 250.00 / CF $ 7,500.00 CONCRETE STAIR REPAIR 0 CF $ 250.00 / CF $ 0.00 EPDXY INJECTION OVERHEAD 0 LF $ 36.00 ILF $ 0.00 EPDXY INJECTION VERTICAL 150 LF $ 28.00 /LF $ 4,200.00 HORIZONTAL CRACKS -GRAVITY FEED 0 LF $ 22.00 /LF $ 0.00 GALVASHIELD XP EMBEDDED ANODES 0 EA $ 50.00 / EA $ 0.00 MIGRATING CORROSION INHIBITOR SIKA 903 0 SF $ 2.50 /SF $ 0.00 PRIMING AND PAINTING 400 SF $ 2.50 /SF $ 1,000.00 WATERPROOFING (2 COATS REDGARD) 400 SF $ 6.50 /SF $ 2,600.00 RESLOPE DECK SURFACE 0 SF $ 12.00 ISF $ 0.00 STUCCO REPAIRS 300 SF $ 26.00 /SF $ 7,800.00 PREPARATION & TESTING OF CONCRETE CYLINDERS 1 EA $ 450.00 ILF $ 450.00 TOTAL LUMP SUM CONTRACT PRICE $ 38,770.00 TOTAL SUM CONTRACT PRICE $ 154,286.50 § 4.3 Unit prices, if any, are as follows: (Identify and state the unit price, state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limiitations Price per Unit $0.00) As listed above § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) ARTICLE 6 PAYMENTS § 5.1 PROGRESS PAYMENTS § 6.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contactor as provided below and elsewhere in the Contract Documents. Agreement Between: ®wrier and Contractor Page 6 of 11 Contract Type: where the basis for Payment Is a Stipulated Sum Document No. ®CSSI01 § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the first day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the Twentieth day of the same month. if an Application for Payment is received by the Architect after the application Date fixed above, payments shall be made by the Owner not later than Twenty (20) days after the Architect receives and approves the Application for Payment. Contractor will be responsible for any additional cost for reinspection by the Engineer due to work being rejected or not approved by the Engineer or St Lucie County Building Inspectors. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This Application for Payment. § 6.1.5 Application for Payment shall show the percentage of completion of. each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values; less retainage of Ten percent (10 °!). Pending final determination of the cost to the Owner of changes in the work, amounts not in dispute shall be included as provided in Section 7.3.9 of GCC201; General conditions of the contract for construction. .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent (10 BP P Agreement Between: Owner and Contractor Page 7 of 11 Contract Type: where the basis for Payment is a Stipulated Sum Document No. OCSS101 .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of GCC201. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9, 8.5 of GCC201 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of Document GCC201. § 6.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting rom the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 6.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 6.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of GCC201, and to satisfy other requirements, if any, which extend beyond final payment; and .2 A final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: NIA ARTICLE 6 DISPUTE RESSOLUTiOidS § 6.1 INTIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of document GCC201, unless the parties appoint below another individual, not party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the initial Decision Maker, if other than the Architect.) NIA § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of document GCC201, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) X❑ Arbitration pursuant to Section 15.4 of document GCC201 ❑ Litigation in a court of competent jurisdiction �-p Agreement Between: Owner and Contractor Page 8 of 11 contract Type: Where the basis for Payment is a Stipulated Sum Document No. OCS51101 ❑ Other: (Specify) ARTICLE 7 TERMINATIONS OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of Document GCC201 2007 § 7.2 The Work may be suspended by the Owner as provided in Article 14 of GCC201.2007 ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 where reference is made in this Agreement to a provision of GCC201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) 1.5% month § 8.3 The Owner's representative is: (Name, address and other information) r�s x n,„ .. k � �, r t ,i:x w L +,\ t'Y S" M s`• ..+' k3 x �� t tx t �Y., ,... luau.--''r..._:... �,_y>�,i C.S.M. ENGINEERING, LLC 208 S.W. OCEAN BLVD. STUART, FLORIDA 34994 Off. (772) 220-4601 CADarden@CSM-E.net § 8.4 The Contractor's representative is: (Name, address and other information) § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 other provisions: A. CONSTRUCTION OF CONTRACT AND ADDENDUM. ALL parties hereto agree that each has either received, or had the opportunity to obtain, independent legal counsel with respect to this contract. The parties further agree that this contract is the joint product of all parties herein and Agreement Between: Owner' a�`ll d. Contractor Page 9 of 11 Contract Type: where the basis for Payment is a Stipulated Surd Document No. OCS3101 shall not be construed against any individual party as the drafter of this contract. To the extent that there is any conflict between this contract and any attachment thereto, the OCSS 101 forms shall take precedence. B. FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND: PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERYFUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSE RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENCED CONTRACTOR FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLOOWING TLEPHONE NUMBER AND ADDRESS: Construction industry Recovery Fund 1940 North Monroe Street, Suite 42.Tallahassee, FL 32399 telephone: (850) 921- 6593. C. The term Architect as used herein and in A1A201 2007 shall mean the engineer of record. D. If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the owner shall indemnify the Contractor for all cost and expense thereby incurred. E. Except as otherwise noted herein, if there is any conflict between the AIA documents, the specifications and the revised bid, the AlA documents shall take precedence and control any such conflict. F. In the event the contractor is instructed by the engineer to perform a repair that does not confirm to International Concrete Repair Institute standards,. the contractor reserves the right to refuse warranty such repair. All ether repaired areas' warranty shall not be affected. G. In the event the contractor is required to remove any hardware such as shutters, screen doors, windows, sliding glass doors, and any other attachments, no warranties are made that such item will be reinstalled in working condition. Owner may elect to reinstall any hardware using a separate contractor. Removal and Reinstallation of any hardware or attachments are at additional cost. H. Electric conduits may be hidden inside concrete slabs. Because such conduits are not identified by the owner; contractor is not responsible to repair any conduits is such have been impacted during demolition. I_ ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIMTOR PAYMENT AGAINST YOUR PROPERTY.. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOU'RE CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB -SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU .HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. J. Glass items may break if attached to concrete walls that are being vibrated due to concrete chipping. It is the unit owner's responsibility to protect his/her glass items. Contractor will not be responsible to repair / replace glass items that cracked or shuttered due to vibrations. Agreement Between: Owne ' ad d Contractor Page 10of11 Contract Type: where the basis for Payment is a Stipulated Sum Document No. OCSSI01 ARTICLE 9 ENUMERATiONS OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement are enumerated in the sections below. § 9.1.1 The Agreement is this executed Document 101, Agreement between Owner and Contractor. § 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract Engineer's Plans and Specification are attached hereto as exhibits and incorporated herein by reference. Any modifications to Engineer's Plans and Specifications must be approved by Engineer and Owner. And Payment Schedule is attached hereto as exhibits and incorporated herein by reference. Document Bid Packag Date § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title § 9.1.6 The Addenda, if any: Contractor agrees to caution off up to 4' of pool deck during construction. Contractor agrees all pool equipment located in vicinity of work will be protected and remain in service. Contractor will notify owner in advance of any interruption of pool equipment service and understand service cannot be interrupted for more than 48 hours consecutively to avoid damages or loss of use to pools during construction. Agreement Between: Owl ner and Contractor Page 11 of 1 Contract Type: where the basis for Payment is a Stipulated Sum Document No. OCSSI01 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 Document E201,2007 Digital Data Protocol Exhibit, if completed by the parties, or the following: .2 Other documents, if any, listed below. (List here any additional documents that are intended to form part of the Contract Documents. GCC201 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended t be part of the Contract Documents.) ARTICLE 10 INSURANCE AND BONDS The Contractor must obtain suitable insurance covering general liability and property damage with coverage in an amount not less than $1,000,000 per occurrence, workers compensation insurance coverage of not less than $1,000,000, automotive insurances for all vehicles arriving on site and provide proper Certificates of Insurance naming owner as additional insured prior to the commencement of any work performed. The insurance policies shall be kept in full force and effect during the course of work, and contractor may not make any policy changes during the term of this agreement that would reduce or eliminate the insurance coverage. Type of Insurance or Bond Limit of Liabllity or Bond Amount ($0.00) 1 As reauired by Florida Law This Agreement entered into as of the day and year first written above. Owner atureJ Conquer Restores on by old n Construe n Corp Luis F Libreros President ram" rs� 1C Ir (Printed NVame & U le) (Printed N!515 & Title)