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HomeMy WebLinkAboutConstruction Contractr � , CONSTRUCTION CONTRACT (LUMP SUM) This Construction Contract (referred to herein as the "Agreement" and consisting of this document and all Exhibits attached hereto and/or incorporated herein by reference) made and entered into as of July 10, 2019 by and between: The Owner (the "Owner"): Beach Club Proaeity Owners' Association. Inc. 9002 San Marco Court Building 1000 Orlando, Florida 32819 And the Contractor (the "Contractor"): Blue Coast Construction 2587 SE Monroe Street Stuart, FL 34997 The Project is (the "Project"): Balcony Rail Replacement, R19-76709-73109-1701-1 The Architect is: N/A NOW THEREFORE, for and in consideration of the mutual covenants herein contained, Owner and Contractor agree as set forth below: The Contract Documents consist of (a) this Construction Contract (the "Agreement"); (b) the Scope of Work Description set forth in Exhibit A hereto and any related clarifications, qualifications and exclusions; (c) the Specifications as listed on Exhibit A hereto; (d) the Drawings as listed on Exhibit A hereto; (e) all other Exhibits attached hereto; (f) any Addenda to the Drawings or Specifications issued by the Architect with respect to the Work and (g) any Modifications issued in connection with the Work for the Project. The Contract Documents form the Contract for Construction and may be collectively referred to herein as the "Contract", the "Contract Documents" and/or the "Agreement". All Contract Documents and Exhibits to this Agreement are fully incorporated into this Agreement by reference and are as fully a part of this Agreement as if repeated in their entirety in this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. In the event of a conflict among any of the Contract Documents, the Contract Documents shall take precedence in the order in which they are listed in this paragraph, except that a Modification shall take precedence over that portion of any other Contract Document which is modified by the applicable Modification. The Contract represents the entire and integrated agreement between the parties hereto and supersedes the Request for Proposal, all other solicitations or requests for qualifications and/or bids and any responses thereto and all prior negotiations, representations or agreements, either written or oral (including the Contractor's responses to, and/or submissions in connection with the Owners requests for proposal or other solicitations), all of which are hereby rendered null and void and of no effect. To the extent any portion of the Contractor's proposal or responses to Owner's solicitations are attached or referenced in this Agreement, such attachment or reference is intended only to identify the specific, limited items as set forth therein. No other terms or conditions in any such document are incorporated into or part of this Agreement or any other Contract Document, but rather all such terms and conditions are null and void and are superseded and rendered of no effect by the terms of this Agreement. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub-subcontractoror (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. As used herein the terms "Work" or "work" shall mean, and the Contractor shall be required to perform or provide, all labor, supervision, construction, materials, equipment, special facilities and "built-ins", construction documentation, construction management services, fixtures, tools, supplies, taxes, permits (including general building and occupancy permits) and all other property and services necessary to timely and fully perform all construction or other obligations or services set forth in or reasonably inferable from the Contract Documents, in a good and workmanlike manner and in accordance with the requirements of the Contract Documents, and all labor, services, materials or other items necessary to produce fully connected, complete, operational and functional systems and finishes. In determining what is reasonably inferable from the Contract Documents, all such documents shall be construed together, and shall not be read by separate trade areas or design divisions. With respect to the services required of the Contractor herein, the Contractor's services shall be performed in (and measured according to) a manner consistent with those standards of professional skill, care and diligence applicable to a Contractor of comparable experience and knowledge in similar circumstances. With respect to duplications, inconsistencies, conflicts or ambiguities as to the nature and extent of the Work to be performed, all labor, materials, services or other items, necessary for the execution of the Work and any labor, materials, services or other items which are reasonably inferable as necessary to complete the Work within the limits established by the Contract Documents, shall be considered as part of the Contract Documents and shall be executed by the Contractor in the same manner and with the Version: VSE 2016 Page 1 of 123 Owner or their consultants, as applicable, of the Shop Drawing, submittal, RFI or other item at issue). Unusual weather shall not constitute an Excused Delay, except and only to the extent the weather condition at issue is more severe than one would reasonably expect to encounter at the Site based on historical conditions over the past five (5) years as established by the National Weather Service. In the event of an Excused Delay, the Contractor shall be entitled to an extension of the Completion Dates, but only to the extent that there is an actual delay to the critical path of the entire Work (delays of only certain trades will not be considered an Excused Delay unless they in turn delay Substantial Completion of the entire Work), measured by the number of days, or portions thereof, that the Substantial Completion of the Work is actually delayed by such Excused Delay. The Contractor shall not be entitled to an increase in the Contract Sum as a result of an Excused Delay or due to any acceleration or other impact to the performance of the Work caused by any Excused Delay (or any action directed by the Owner or Architect with respect to the time for performance of the Work) except and only in the event of (and provided timely written notice is provided as required by this Agreement): (1) a delay that is the result of an interference with, or interruption of the Work caused by Project Manager, Owner (or Owner's Consultants, employees, agents or separate contractors) or Architect; or (2) an acceleration or other impact to the time for performance of the Work that is directed by the Owner in writing and is required in order to overcome a delay to the completion of the Work that is caused by the interference with or interruption of the Work by the Owner (or Owner's employees, agents or separate contractors) or Architect; or (3) an acceleration to the time for performance of the Work that is caused by the failure of the Owner to grant an extension of time that was required to be granted pursuant to the provision of this Agreement. In any such event, the Contractor's sole remedy shall be an increase in compensation calculated pursuant to the provisions of Article 4, paragraph 5 herein, and the Contractor shall be entitled to no additional compensation and shall have no addition or other rights of any kind or nature arising out of or under this Agreement by virtue of any delays, interferences, acceleration or other impact, regardless of their length or nature. Owner shall pay to Contractor in current funds for the full and satisfactory performance of the Work the total amount of One Hundred Forty Seven Thousand, One Hundred Ninety four Dollars and Sixty Seven Cents ($147.194.67) (the "Contract Sum"). The Contract Sum shall include, and shall constitute the Contractor's sole compensation for, the following "General Conditions" items (whether in the form of labor, material, rental equipment or other goods or services and whether they are performed by Subcontractors or provided directly by the Contractor through its own forces and resources): (a) Site, building, and interior layout, including providing datum bench for the use of all Subcontractors, establishing and maintaining building corner and column line control points, and layout of interior partitions after concrete slab is in place; (b) daily cleanup, Site and street cleaning, and final cleanup; (c) field offices and related supplies, equipment and furnishings; (d) drinking water, ice and cups for all of the Contractor's personnel and all Subcontractors; (e) temporary power, lighting and utilities including hook-ups, distribution and removals to the extent identified as the Contractor's or its Subcontractors' responsibility in the Contract Documents; (f) temporary fences, walkways, traffic control and barricades; (g) Project signs; (h) temporary roads and employee parking; (i) protection and safety measures and OSHA requirements; Q) costs of long-distance telephone calls, postage and parcel delivery charges, facsimile, radio/communications systems and equipment, and telephone service at the Project Site, and reasonable petty cash expenses of the Project Site office; (k) that portion of the reasonable travel and subsistence expenses of the Contractor's personnel incurred while traveling in discharge of duties connected with the Work; (1) all hoisting, construction elevators and related costs for the handling, transport and moving of construction materials and equipment in connection with the Work; (m) temporary heat and protection, temporary roofing, and temporary partitions and dust control; (n) temporary toilets for the use of all of the Contractor's personnel and all Subcontractors; (o) general expenses including blueprinting and reproduction, progress photographs, job site pickup trucks, etc.; (p) Project Site record survey as required by the Contract Documents; (q) parking meter fees and street permits and (r) all project management and supervision costs, including all project managers and other administrative or supervisory personnel, whether assigned to the Project on a full- time or part-time basis and whether or not present or located the Project Site. The Contract Sum includes full compensation to the Contractor for its profit, home office services and supervision, overhead and for any and all other costs or expenses incurred in connection with the performance of the Work. The Contract Sum, and each individual component thereof, will not be increased for any reason, cause or circumstance unless and only to the extent expressly permitted by this Agreement. Costs in excess of the Contract Sum that are not permitted to be recovered by the Contractor pursuant to the terms of this Agreement shall be borne and paid for by the Contractor without reimbursement by the Owner. In this regard, the Contractor agrees that the description of the Work in further detail by the Architect or the Owner, subsequent to the execution of this Agreement, whether through the issuance of written specifications, directions or clarifications, the issuance of further and more detailed drawings or otherwise, shall not entitle the Contractor to any compensation in addition to the Contract Sum, or to any extension of the applicable Completion Date(s), unless and only to the extent that such later description constitutes a "Material Change" in the Work, which is defined as any of the following: (1) a later description of the Work that involves work of a materially different nature, character, scope or quality (other than refinement) than that set forth in and/or reasonably inferable from the descriptions and Contract Documents set forth or identified in Exhibit A hereto; (2) a later description of the Work which involves work expressly excluded from the Contract Sum as set forth in Exhibit A hereto; or (3) additional work that is required because of a change in applicable laws, codes or regulations after the execution of this Agreement, but only to the extent that the Contractor did not know, and was not reasonably able to determine, that such change was scheduled to take effect as of the time this Agreement was executed. Further, the Contractor hereby acknowledges and agrees that it shall not be entitled to any increase in the Contract Sum and/or any extension in the Completion Date as a result of any Material Change unless: (a) there is an actual, substantiated increase in the cost of the labor and material required to complete the Work and/or an actual delay in the Substantial Completion of the Work beyond the Completion Date(s) which results from such Material Change; (b) the Contractor makes a claim for an increase in the Contract Sum and/or extension of the Completion Date(s) with respect to such Material Change within the time and in the manner required by the terms of this Agreement; and (c) either (i) the Owner authorizes the Contractor to proceed with such Work in advance and in writing through a fully executed Change Order; or (ii) the Contractor is awarded an increase in the Contract Sum and/or extension in the Completion Date(s) Version: VSE 2016 Page 18 of 123 Contract No. R19-76709-003 Contractor's right to receive payment for termination in accordance with Article 14. No termination by the Owner under this Article 14 (whether with or without cause) shall constitute a waiver or release of any claims by the Owner relating to events, circumstances or breaches arising prior to such termination, nor shall such termination affect any of the other rights or remedies of the Owner granted by this Agreement or by law, or relieve the Contractor from any consequences or liabilities arising from the Contractor's acts, omissions or deficiencies in connectionwith the Work or this Agreement. Neither the right of the Owner to terminate as provided in this Article 14 nor the agreement on the part of the Owner to pay any cost of the Work (for which Owner would not otherwise be obligated) incurred by reason of events within the control of the Contractor (including the negligent and/or willful act and/or omission of and/or default by any separate contractor employed directly by the Contractor) or incurred by reason of a default by the Contractor in the performance of its obligations hereunder shall impair or limit any rights, remedies and/or claims of the Owner to which the Owner may be entitled by reason of any such occurrence or default. Payment by the Owner to the Contractor of any monies pursuant to this Article 14 shall not constitute a waiver of any remedies which the Owner may otherwise have against the Contractor for any failure of the Contractor to perform in accordance with this Agreement. 6. The Contractor's sole remedy for any termination of this Agreement shall be the compensation allowed by the applicable provisions of this Article 14 above. Any termination by the Owner for cause that is later determined to be unjustified shall be treated as a termination without cause pursuant to this Article 14. In any such event the Contractor's sole and exclusive rights and remedies for any termination shall be limited to those set forth in this Article 14 above, and the Contractor shall be entitled to no additional compensation and shall have no additional or other rights of any kind, type or nature arising out of or under this Agreement by virtue of such termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. OWNER: Beach Club Property Owners' Association, Inc. �Doc/uS,lign�eed by: x By:E1306DFC4ABFE54FBMark V WLi' lV V Dunham Authorized Representative DocuSlgned by: By: I 4,/�_ D1AE6A347100425..: Lizabeth Kane-Hanan Executive Vice President CONTRACTOR: Blue Coast Construction By: /. Printed Name: U CJ Title: Version: VSE 2016 Page 29 of 123