HomeMy WebLinkAboutI.R. Spirits - Contract 7.31.20Advanced General Construction
CONSTRUCTION AGREEMENT
THIS AGREEMENT, made this July 31, 2020 by and between Advanced General
Construction ("Contractor") and Mr. £t Mrs. Portmann , Indian River Spirts ("Owner").
WHEREAS; Owner is the fee simple owner of a certain parcel of real property located at and
known as 3200 Kings HWY Fort Pierce, FL 34951 ("Property").
WHEREAS; Contractor is a licensed contractor (License # CGC 1510956) in the business of
constructing commercial and residential structures;
WHEREAS: Owner and Contractor wish to mutually agree upon the terms necessary for
Contractor to perform construction for Owner upon the Property;
NOW THEREFORE; in consideration of the foregoing premises, the mutual covenants set
forth herein; and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Owner and Contractor agree as follows:
1. THE WORK: Contractor shalt furnish all labor, materials, equipment, permits, tools,
taxes, transportation and all other facilities and services necessary, whether temporary or
permanent and whether incorporated or to be incorporated, for the proper completion of
remodeling and/or construction on the Property in substantial accordance with the plans
provided by Staffan Lundberg Architect LLC, Kamm Consulting and MBV Engineering Inc.
Project number 2017 - 10, dated 04-10-20, pages: A.1 through A .4, Kamm Consulting, date
4-03-20 pages: E 0.1,E1.1, E1.2, E 2.1, E2.2, E2.3, E 3.1, E 5.1, M 0.1, M 2.1, M 6.1, P 0.1, P
2.1, P3.1 and P 5.1. MBV Engineering project number 20-0029, dated 5-2020, pages C.1
through C.17; referred to as, ("Exhibit A" "Exhibit B" "Exhibit C"). Copies of Exhibit A, B and
C are attached hereto and incorporated herein by reference.
Owner acknowledges that Contractor is not an architect, engineer, or surveyor and that the
work does not include any of these services. Contractor recommends that Owner, at its expense,
obtain advice from the appropriate professional before proceeding with The Work. To the extent
Page 1
P.O. Box 430, Vero Beach, FL 32961
Phone: 772-564-8008 Fax: 772-564-6760
Contractor Lic. #CGC1510956 ** Plumbing Lic. # CFC1428384
Roofing Lic. #CCC1327801 ** Electrical Lic. #ER13014597
Contractor makes suggestions in any of these areas, Owner acknowledges and agrees that
Contractor's suggestions are merely options Owner may wish to review with the appropriate
professional, but Contractor's suggestions are not suitable for engineering, architectural or
surveying purposes.
2. COMPLETION DATE: The Work shall be commenced on or before August 24. 2020
and, subject to normal delays and is contingent upon the date that St. Lucie County releases
the permit. Substantial completion is estimated to be achieved 160 working days from the
date construction begins. Because of normal variations in the process of remodeling or
building a custom home (including weather; selection, ordering manufacture and installation
of custom selections; and other factors beyond the Contractor's control). Completion is
defined as the date the residence may be used for its intended purpose. Owner agrees to
provide Contractor with access to the Property during regular business hours and to provide
product and aesthetic selections and information in a timely manner so as not to delay
progress of the Work. In the event construction is delayed for more than thirty (30) days due
to factors beyond Contractor's control, this agreement may be terminated by Contractor for
cause.
3. PERFORMANCE OF THE WORK: Contractor shall supervise and direct the Work using
Contractor's skill and attention. Contractor shall have control over the construction means,
methods, techniques, sequences and procedures, and the coordination of all portions of the
Work under this Agreement. Contractor shalt at all times enforce strict discipline and good
order among its employees and shall not employ any person unfit or unskilled in the task
assigned that person. Contractor at all times shall keep the Property free from accumulation
of waste materials or rubbish caused by the performance of the Work. At the completion of
the Work, the home shall be professionally cleaned. Owner agrees that the direction and
supervision of working forces, including subcontractors and employees' rests exclusively with
the Contractor or its designated agent. Owner agrees not to issue any instructions or to
otherwise interfere with Contractor's subcontractors, employees or material suppliers. Owner
further agrees not to communicate directly with any codes official, workman, employees or
subcontractors that are not Contractor's regular subcontractors, Contractor shall not be
responsible for performance or delays caused by Owner's requested subcontractors.
Contractor shalt in no way warranty work performed by Owner's subcontractors.
Owner warrants that to the best of its knowledge, upon reasonable inspection, the property
does not contain shifting soils, rock deposits, asbestos or environmental hazards which would
impair construction and that no code violations exist in connection with the Property. If the same
are discovered, Owner shall be responsible for any additional costs necessitated thereby in order to
complete construction. Owner shall indemnify and hold harmless the Contractor from any damages
or liabilities resulting from the presence of radon gas, archaeological formations, grave sites,
Page 2
P.O. Box 430, Vero Beach, FL 32961
Phone: 772-564.8008 Fax: 772-564-6760
Contractor Lic. #CGC1510956 ** Plumbing Lic. # CFC1428384
Roofing Lic. #CCC1327801 ** Electrical Lic. #ER13014597
hazardous waste or other hazards which are the subject of environmental protection regulations.
Owner shall indemnify and hold harmless Contractor for damage to such items as but not limited to
driveways, patios, sidewalks, curbs, lawns, sprinkler systems, appurtenances, pipes and cables.
Owner shall indemnify and hold harmless the Contractor for any damage resulting from
groundswell, inundation and/or hillside motion and landslide.
4. AGREEMENT AMOUNT: Owner shall pay to the Contractor for the performance of all
Work a fixed price of $1,257,400.00 One Million Two Hundred Fifty Seven Thousand Four
Hundred and 00/1008
5. SCOPE OF WORK: The Owner and Contractor agree on the following:
A) General Conditions:
Building permit fees not included
Impact fees and state fees not included
Site and drainage work
Supervision, labor
Temporary protection
Portable restrooms
Equipment rental
Continual cleaning
• Debris containment and disposal
Final professional cleaning
B) Site t't drainage, Septic 8 Well >f concrete construction:
Excavate and dispose of the existing drainage basins and concrete pipe.
Grade existing soils to obtain proper pitch for drainage.
Fill, grade and compact the site in preparations for the construction of the building
and parking lot.
• Install adequate well and septic system as previously obtained from the St. Lucie
County Department of Health.
Force main and fire hydrant water supply from Taylor dairy road to the new buildings
and the existing.
• Construct the concrete slab and CMU block work, as per page S3
C) Drywall/Framing:
• Install new conventional metal watt framing and drywall for the new interior walls.
• Install 5/8" GYP wall board on watts and ceiling, as per page A 1 (finish schedule)
Install solid wood backing for wall cabinetry
Page 3
P.O. Box 430, Vero Beach, FL 32961
Phone: 772-564-8008 Fax: 772-564-6760
Contractor Lic. #CGC1510956 ** Plumbing Lic. # CFC1428384
Roofing Lic. #CCC1327801 ** Electrical Lic. #ER13014597
D) Acoustical Drop Ceiling:
Install new 2'x2' white tee bar grid system and "CertainTeed SHM-154" beveled edge
acoustical ceiling the throughout the storage, office, restrooms and break room
areas.
E) Windows/Doors:
Provide and install CGI 3500 Series fixed glass, bronze frames with clear single
tempered glass in the showroom area, as per Al (window schedule)
Provide and install PGT, impact resistant windows and doors with bronze aluminum
frames, as per A2 (window and door schedule)
Provide and Install interior doors and hardware, as pre page Al (door schedule)
F) Plumbing:
Install all necessary underground hot/cold water supply lines and sanitary lines, as per
pages P0.1, 2.1 EBA
Install all ADA compliant laboratory fixtures.
G) Electric:
Install electrical riser electrical panels, subpanels, receptacles, switches and lighting, as per
pages E0.1, 2.1, 3.1 & 5.1.
H) HVAC:
Install AHU units 1 ft 2 and RTU units 35 4 fx 5, as per pages6.1.
I) Roofing:
Pre -manufactured still building with panel roof, as per page A4.
J) Flooring:
Install industrial grade luxury vinyl flooring in office areas, as per page A2. (finish
schedule)
Polished concrete in open storage areas, as per page A2. (finish schedule)
Epoxy paint floors and the production and mixing area, as per page A2 (finish
schedule)
K) Painting:
° Prep, prime and paint interior and exterior walls, ceilings, casings, doors and trim
moldings using 100% acrylic latex commercial grade paints, as per page A2 and A3.
Page 4
P.O. Box 430, Vero Beach, FL 32961
Phone: 772-564-8008 Fax: 772-564-6760
Contractor Lic. #CGC1590956 ** Plumbing Lic. # CFC1428384
Roofing Lic. #CM327801 ** Electrical Lic. #ER13014597
If wood products are to be stain finished or faux finished, that can be done for an
additional expense over and above the original contract price.
L) ADA compliant items.
Install ADA compliant mirror over the restroom sinks, horizontal S.S. grab rails,
toiletry dispensers and hand soap dispensers.
Install ADA compliant on restroom doors.
Prepare and posted a fire safety egress exit drawing and fire extinguishers in
compliance with fire safety code.
M) Contract exclusions:
Architects, engineering or MEP's drawings
Bid Bonds or performance bonds
Building permit, fire department permit or impact fees
Exterior signage or awnings.
Specialty inspections/test or surveys
Storage mezzanine
Temporary power and water
Security alarms
Unforeseen conditions
• Mold remediation, abatement or testing
Desks, chairs, appliances, window treatments, wall treatments, etc.
Overtime or off hours work
N) Fire Sprinkler system:
New building sprinkler coverage throughout the entire mixed use Building
• Water stub in's, design and installation for the fire sprinkler system in compliance with
the NFPA code.
6. DRAW SCHEDULE: The draw schedule basis for this project will be based on
performance of the project. A draw schedule will be provided upon acceptance of this
agreement. A draw request invoice/ statements shall be due and payable immediately upon
receipt. If full payment is not received within five (5) business days of the Owner receiving
Contractor's statement, such unpaid payment shall bear interest at the maximum allowable
interest rate. Owner acknowledges and agrees that prompt payment is a material term of this
Agreement and that Owner's failure to make prompt payment shall entitle Contractor, at its
option, either to suspend performance under this Agreement until full payment is received or
terminate this Agreement for cause.
Page 5
P.O. Box 430, Vero Beach, FL 32961
Phone: 772-564-8008 Fax: 772-564-6760
Contractor Lic. #CGC1510756 * Plumbing Lic. # CFC1428384
Roofing Lic. #CCC1327801 "` Electrical Lic. #ER13014597
7. INSURANCE: The Contractor shall maintain at the Contractors own expense liability
insurance to protect against claims under Worker's Compensation laws and other employee
benefit laws, claims for damages because of bodily injury including death and from claims for
damages (other than to the Work itself) to property which may arise out of or result from
Contractor's performance of the Work, whether such performance be by Contractor itself or
by any subcontractor or anyone directly or indirectly employed by them. This insurance shall
be written for not less than any liability specified in this Agreement, or required by law,
whichever is greater. Owner shall maintain, at its expense, property insurance upon the
entire Work to the full insurable value thereof. This insurance shall include the interest of
Owner, Contractor and subcontractors in the Work and shall insure against "all risks"
including but not limited to physical loss or damage resulting from fire, tornado, theft,
vandalism, etc. Owner shall provide Contractor with proof of such insurance upon request.
8. FINAL INSPECTION: Upon notification by Contractor that the Work is ready for final
inspection, Owner agrees to inspect the Work with Contractor and prepare and sign a punch
list of items to be completed by Contractor. Upon completion of the punch list items by
Contractor and, when applicable, receipt of a certificate of occupancy from the local Codes
Department, the Work shall be deemed ready for possession. The taking of possession by
Owner shall constitute a waiver and complete release of all claims by Owner with respect to
the Property and this Agreement, whether based in contract, negligence, warranty,
misrepresentation or other possible legal theories, excepting only those claims covered by
Contractor's express limited warranty hereinafter provided. Upon taking possession, Owner
acknowledges acceptance of the quality of workmanship and materials.
9. WARRANTY: As Owner's sole and exclusive warranty (and in lieu of all implied
warranties), Contractor provides Owner with a limited one (1) year warranty which warrants
the Work including all labor and materials against defects, that the Work was performed in a
good workman like manner and in accordance with applicable codes and industry standards.
Owner shall notify Contractor of any claims Owner may have under this limited one (1) year
warranty within one (1) year of Substantial Completion or taking possession, whichever first
occurs. Any such notification shall be in writing and sent certified mail, return receipt
requested to Contractor. It is further understood that this limited one (1) year warranty is not
transferrable and is solely for the benefit of Owner. Contractor HEREBY DISCLAIMS AND
OWNER WAIVES ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF HABITABILITY, GOOD WORKMANSHIP, MERCHANTABILITY AND FITNESS FOR
PURPOSE.
10. TERMINATION OF THIS AGREEMENT: Contractor may terminate this Agreement for
any reason, with or without cause, by providing ten (10) days written notice to Owner. In the
event this Agreement is terminated by Contractor without cause, Contractor shall be
Page 6
P.O. Box 430, Vero Beach, FL 32961
Phone:772-564-8008 Fax:772-564-6760
Contractor Lic. #CGC1510956 ** Plumbing Lic. # CFC1428384
Roofing Lic. #CCC1327801 ** Electrical Lic. #ER13014597
reimbursed for the Cost of Work completed as of the date of termination plus the
percentages set forth in paragraph 4 above, based on the actual Cost of the Work as of the
date of termination. If this Agreement is either terminated by Contractor for cause or
terminated by Owner without cause, Contractor shall be reimbursed for the Cost of the Work
completed as of the date of termination plus the percentages set forth in paragraph 4 above,
based upon the estimated Cost of the Work as if the Work had been fully completed.
11. CHANGE ORDERS: Owner shall complete all color and optional item selections from
the choices offered by Contractor within five (5) days after the date requested. All selections
shall be final. Any request by Owner to change options on Contractor's standard option list
after the initial selection period may be accompanied by a $_ cash fee per requested
change plus all additional costs of labor and materials to implement the requested change.
12. RESOLUTION OF DISPUTES: If Owner at any time believes that Contractor is in
default of this Agreement, Owner shall (a) provide Contractor written notice of such default
along with all data and documentation supporting such default and (b) provide Contractor
thirty (30) days within which to cure such default. This written notice and opportunity to
cure are conditions precedent to any action by Owner against Contractor and any termination
of this Agreement by Owner without providing Contractor the forgoing notice and opportunity
to cure shall be deemed termination without cause.
In the event of any dispute or controversy arising out of this Agreement or Contractor's
performance of the Work (whether based on contract, warranty, negligence, misrepresentation, or
other possible legal theories) such dispute shall be submitted for binding arbitration before
American Arbitration Association. Demand for arbitration shall be made within a reasonable time,
but in no event later than such time permitted by the applicable statues of limitations or statutes
of repose. The award rendered by the arbitrator(s) shall be binding upon the parties. No suit at law
or in equity based upon disputes or controversies arising under this Agreement shall be a condition
precedent to any action, other than one to compel arbitration pursuant to this Agreement or to
comply with notice or filing deadlines pursuant to the applicable lien laws. All costs of such
arbitration including but not limited to litigation expenses, expert expenses, filing fee, arbitrator
compensation and attorney's fees shall be borne by the prevailing party (as determined by the
arbitrator).
Owner's Initials Contractor's Initials
Page 7
P.O. Box 430, Vero Beach, FL 32961
Phone: 772-564-8008 Fax: 772-564-6760
Contractor Lic. #CGC1510956 " Plumbing Lic. # CFC1428384
Roofing Lic. #CCC1327801Electrical Lic. #ER13014597
13. MISCELLANEOUS: This Agreement constitutes the entire agreement between the
parties hereto. Should more than one person sign this Agreement as Owner, any one of them
may sign waivers, additions, deletions or modifications to this Agreement and his or her
signature binds the other. No Waivers or modifications of this Agreement shall be binding
unless in writing and signed by the parties hereto (or in the case of Owner, by one of them).
There are no other promises, conditions, representations, understandings or warranties
(written or oral) relating to the subject matter of this Agreement, all of which have been
merged into this Agreement. No failure or delay by either party in exercising any right or
provision hereunder and no course of dealing between or among the parties shall operate as a
waiver of any such right or provision. The invalidity or enforceability of any terms or
provisions of this Agreement, or portion thereof, shall in no way affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and
effect. This Agreement shall be governed by the laws of the State of Florida and the site for
any arbitration or other proceeding arising out of this Agreement shall be in the county where
the Property is located. This Agreement shall be binding upon the parties hereto and their
heirs, executors, administrators, successors or assigns. Captions contained in this Agreement
are for reference purposes only and to not limit or expand the scope of any section. The
parties acknowledge and agree that they have thoroughly reviewed and understand the terms
of this Agreement. The drafting and negotiating of this Agreement has been participated in by
all parties and, for all purposes, this agreement shall be deemed to have been drafted jointly
by the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date written below.
Contractor, Robert T. Thompson of
Advanced General Construction
Owner, Markus Portmann
Owner, Anne -Marie Portmann
Date
Date
Date
P.O. Box 430, Vero Beach, FL 32961
Phone: 772-564-8008 Fax: 772-564-6760
Contractor Lic. #CGC1510956 ** Plumbing Lic. # CFC1428384
Roofing Lic. #CCC1327801 ** Electrical Lic. #ER13014597