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HomeMy WebLinkAboutSub-Contractor Agreement111( HARD K. DAVIS CONSTRUCTION CORPORATION 4205 Metzger Road, P. O. Box 186, Fort Piece, FL 34954 Phone (772) 461-8335 SUB -CONTRACT AGREEMENT THIS SUB -CONTRACT AGREEMENT (hereinafter "Agreement") is entered into by and between RICHARD K. DAVIS CONSTRUCTION CORPORATION, a Florida corporation, (hereinafter "Contractor") and A & G CONCRETE POOLS, INC., (hereinafter "Subcontractor'), and becomes effective when the last one of the Contractor and Subcontractor has signed this Agreement. RECITALS: A. Proiect Contractor is the "General Contractor" for the construction of improvements more specifically described as follows: New Building Construction for PURSUIT BOATS, PLANT EXPANSION having a street address of: Adjacent to 3891•St. Lucie Blvd., Fort Pierce, Florida 34946, Property Tax Folio #1432-211-0002-000-2 B. Plans and Specifications_ Copies of the plans, drawings and specifications for the 'Project" shall be kept at the offices of the Contractor.and/or at the "Project". The "Plans and Specifications" are identified as follows and are incorporated herein by reference: Design Professionals: Drawings: Dated: SEE DRAWINGS LIST ATTACHED, ATTACHMENT "A" C. Scope of 1M0rk The Subcontractor shall be responsible for furnishing the material, labor and equipment necessary to complete the following portion of the "Project" in accordance with the "Plans and Specifications": Provide labor, material and equipment to complete the Installation of a pool within the proposed building as shown on the construction documents enumerated above. The pool construction shall include engineered construction drawings and permitting, a steel reinforced gunite pool shell measuring (interior dimensions)15'-0" X 55'-0" X 4'-0" water depth, flexcrete waterproofing walls and floor, "Florida Stucco" gem finished interior, two (2) skimmer filtration system, one (1) filter pump, one (1) Inline chlorinator and a 300 watt light. A raised concrete perimeter curb (approx. 6-8" above the finished floor slab) shall be constructed to help retain water in the pool. D. Contract Sum. Consideration of full performance by Subcontractor of the "Scope of Work" and for performance of all of the terms and conditions of this Agreement, shall be the sum of $42,430.00 (forty-two thousand four hundred eight dollars and no cents) NOW THEREFORE, in consideration of the "Contract Sum" set forth hereinabove and in further consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Construction. The Subcontractor shall be responsible for construction and completion of the "Scope of Work" in accordance with the "Plans and Specifications" and upon the following terms and conditions: a. Unless otherwise specifically noted, the Subcontractor shall provide and pay for all labor, materials, equipment, tools, machinery, transportation, and other facilities and services necessary for the proper completion of the "Scope of Work". b. All materials and equipment incorporated into the Subcontractor's "Scope of Work" shall be new unless otherwise specified, and all work will be performed in a workmanlike manner and will be of good quality. c. The Subcontractor shall pay all sales tax, FICA and unemployment compensation taxes upon the material and labor furnished under this Agreement and as otherwise required by law. d. The Subcontractor shall keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Subcontractor's "Scope of Work", it shall remove all of its waste materials and rubbish from and about the "Project" as well as its tools, equipment, machinery and surplus materials. e. The Subcontractor shall abide by all rules, regulations and directives promulgated by O.S.HA. f. Work on Sunday is prohibited except under extenuating circumstances and with the prior approval of the Contractor. 2. Time of Commencement and Completion. The Subcontractor shall commence work at such time (hereinafter "Commencement Date"), and in such sequence, as directed by the Contractor in accordance with the Contractor's schedule (which schedule is subject to change as conditions require). The work shall be completed (hereinafter "Completion Date") in accordance with the. Contractor's schedule. The Subcontractor shall be liable to Contractor for all losses and damages incurred by the Contractor due to inexcusable delay of the Subcontractor in the completion of the work, including delay costs not reimbursable from the Owner or if the Subcontractor's "Scope of Work" is not completed by the Completion Date for any reason other than an act of God, fire, war, union strike, Change Orders or Contractor interference, then Subcontractor shall be penalized the sum of $400.00 and shall be further penalized the sum of $400.00 for each day thereafter until the work is completed. Said penalties shall be deducted from the "Contract Sum". If the aggregate penalties exceed the amount of the remaining undisbursed "Contract Sum", then the Subcontractor shall pay the difference to the Contractor. Time is of the essence. 3. Disclosure of Defects. Prior to commencement, the Subcontractor shall inspect the "Project" and shall disclose to Contractor in writing any defects and conditions observed, or otherwise known to Subcontractor, which would adversely affect the quality of the Subcontractors work or interfere with the Subcontractor's ability to perform in a timely fashion and in accordance with the "Plans and Specifications"_ Failure to make such disclosure in writing prior to commencement shall constitute full waiver by the Subcontractor of any reliance upon the defect or condition as a defense to any claim, cause of action or penalty arising against the Subcontractor under this Agreement. 4. Change Orders. No change or deviation shall be made with respect to the Subcontractor's "Scope of Work" except in accordance with a written "Change Order" agreed upon in advance and executed by the Contractor and the Subcontractor. The Subcontractor shall not be entitled to any payment for additional work, materials or changes without such fully executed Change Order. 5. Insurance. Prior to commencement of work, the Subcontractor shall deposit Certificates of Insurance with the Contractor evidencing the following types of coverage and limits of liability: a. Commercial General Liability Policy (hereinafter "CGL') with limits of insurance of not less than $1,000,000 each occurrence and $1,000,000 Annual Aggregate. If the CGL coverage contains a General Aggregate Limit, such General Aggregate shall apply separately to each project. CGL coverage shall cover liability arising from premises, operations, independent contractors, products -completed operations, and personal injury. The Subcontractor shall maintain the CGL coverage for the duration of the "Project" and thereafter maintain Completed Operations coverage for at least one year (12 months) after completion of the work- b. Business Automobile Liability Policy with limits of insurance of not less than $1,000,000 each accident. The policy must include coverage for liability arising out of all owned, leased, hired and non -owned vehicles. c. Workers Compensation and Employer's Liability Policies with Employer's Liability Insurance limits of at least $100,000 each accident for bodily loft injury, $500,000 disease policy l_ and $100,000 each employee for injury by disease. I The policies of insurance shall (i) require the insurance company to provide Contractor with at least thirty (30) days written notice before such policy is altered or canceled in any manner, (ii) shall include a standard waiver of subrogation clause against the Contractor, Owner of the "Project" and architect; (iii) shall be issued by companies, associations or organizations having a. current rating of not less. than "A" as rated by A.M. Best Company, (iv) shall include the Contractor and Owner of the "Project" as additional insured, (v) shall apply as Primary Insurance before any insurance or self insurance (including any deductible) maintained by, or provided to the Contractor and/or Owner of the "Project", and (vi) provide that coverage is on an "occurrence basis" as opposed to a "claims made" basis. Subcontractor waives all rights against Contractor, Owner of "Project' and Architect and their agents, officers, directors and employees for recovery of damages to the extent these damages are covered under the policies of insurance. If Subcontractor shall fail to maintain any insurance as required by this Agreement, then the same shall constitute a default under this Agreement and Subcontractor shall be liable for any and all claims or damages which would otherwise be covered under such policies of insurance. 6. Indemnification. Subcontractor agrees to indemnify and hold Contractor harmless from and against any and all damages, losses, actions, causes of action and claims of whatsoever kind and nature which might be asserted against (or suffered by) Contractor by reason of the performance or non-performance of Subcontractor under this Agreement, specifically including, but not limited to, those damages arising from accidents and occurrences occasioned by, or contributed to, the negligence, sole or concurrent to any degree, of the Subcontractor, its sub -subcontractors, agents, servants or employees. Subcontractor shall further indemnify and hold Contractor harmless from any and all expenses arising from Contractor's investigation of said accidents and occurrences, and any claims resulting therefrom. Subcontractor shall defend all suits brought against the Contractor on account of any such accidents or occurrences and shall reimburse Contractor for any and all expenses of defending said suits, including reasonable attorney's. Subcontractor agrees that the indemnity obligations herein are clear and unambiguous, that one percent (1%) of the "Contract Sum" constitutes specific and valid consideration payable to Subcontractor for the indemnity obligations, and that Subcontractor shall comply in all respects with Florida Statutes §725.06. 7. Payment of Contract Scam. The Subcontractor shall submit an Application for payment for all work performed and materials supplied (with a 10.0% retainage held against all Applications for payment to a limit of $100,000, thereafter the retainage withheld shall be reduced to 5.0%) by the 25th day of the month if the Subcontractor is to be included in that month's (or periods) draw request. The Subcontractor shall utilize the form of Application prescribed by the Contractor and the submitted Application shall be accompanied by a properly completed Partial Release of Lien, (effective through the date of submission). Both the Application and the Partial Release of Lien shall contain the original signature of the Subcontractor's authorized officer or agent No facsimiles shall be accepted. Payment shall be made on or about the 25th day of the month following the timely submission of the Application and Partial Release of Lien. The Subcontractor must submit a properly completed and executed Final Application for payment and Final Release of Lien prior to final payment under this Agreement. Upon request, the Subcontractor shall also provide an affidavit stating that all sub -subcontractors and materialmen have been paid in full as a prerequisite to final payment. Final payment shall be subject to Contractor's full satisfaction and acceptance of Subcontractor's work and, if found to be satisfactory and acceptable, shall be paid on or about the 25th day of the month following the timely submission of the required items. All payments are conditioned upon receipt by Contractor of full payment from Owner (including retainage). 8. Miscellaneous. a. Attorney's Fees: If it becomes necessary for either party to obtain the services of an attorney to enforce the provisions herein or relating to the "Project", the prevailing panty shall be entitled to collect from the other party reasonable attorney's fees and all costs incurred, whether or not litigation is necessary and including all appeals. b. Assignment: This Agreement shall not be assigned by the Subcontractor without the prior written consent of the Contractor, which consent may I withheld at sole discretion of the Contractor. c. Interpretation: This Agreement has been submitted to the scrutiny of each party hereto and each party has had opportunity to have it reviewed by legal. counsel. This Agreement shall be given fair and reasonable interpretation in accordance with the words used herein without consideration or weight being given to its having been drafted by either party hereto or their respective legal counsel. d. Counterparts: This Agreement may be executed in two or more counterparts, each of which shall be, and shall be taken to be, an original, and all collectively deemed one instrument. IN WITNESS WHEREOF, the parties have executed this Agreement. "CONTRACTOR" "SUBCONTRACTOR" RICHARD K. DAVIS CONSTRUCTION A & G CONCRET OLS, INC. CORPO TION, a Florida corps tion By: By: Print Roger Priest Print Name: 7"a Lto n ar-d Print Title: Pro ect Mana er Date: ' r 2 of 2 PB 14OLDM LLC Pursuit Beats Plant Expamien "ATTACHMENT A" Design Professional Drawin Dated Civil Drawings Culpepper & Terpening Inc, Sheets 1-21 Civil Drawings 6/12/2019 Landscape Drawings Boggs Planning+ Landscape Architecture Sheet 1-2 Landscape Drawings 7/18/2019 Irrigation Drawings Boggs Planning + landscape Architecture Sheet 1-3 Irrigation Drawings 6/19/2019 Architectairal Drawings Donadio & Associates, Architects Sheet A1.10 - Life Safety 7/18/2019 Donadio & Associates, Architects Sheet A3.11- Code Review 7/18/2019 Donadio & Associates, Architects SheetA1.12 - UL Design 7/18/2019 Donadio & Associates, Architects Sheet A2.10 - Overall Floor Plan 7/18/2019 Donadio & Associates, Architects Sheets A2.11 & A2.12 - Part Floor Plan - South/ North 7/18/2019 Donadio & Associates, Architects Sheet 2.20 - Roof Plan 7/18/2019 Donadio & Associates, Architects Sheets 4230 through A2.32 Enlarged Plans 7/18/2019 Donadio & Associates, Architects Sheet A2.40 - Part Reflected Ceiling Plan 7/18/2019 Donadio & Associates, Architects Sheet A3.10 - Exterior Elevations 7/18/2019 Donadio & Associates, Architects Sheet A4.10 - Building Sections 7/13/2019 Donadio & Associates, Architects Sheet A5.10 - Toilet Accessories & ADA Details 7/18/2019 Donadio & Associates, Architects Sheets A6.10A & A6.1013 Door Finish Schedule/Door Hardware 7/18/2019 Donadio & Associates, Architects Sheets A6.11 through A6.13 Door & Window Details 7/18/2019 Structural Drawings ML Engineering, Inc Sheets 5-1- Overall Key & Grid Layout Plan 7/18/2019 ML Engineering, Inc Sheets 5-2 & 5-3 Partial North/South End Foundation Plan 7/18/2019 ML Engineering, Inc Sheets 5-4,5-5, & S-9 Sections & Details 7/18/2019 ML Engineering, Inc Sheet 5-6 -Typical Sections & Details, Schedules & General Notes 7/18/2019 ML Engineering, Inc Sheets S-7 & S-8 Partial North/South End Roof Freaming Plan 7/18/2019 ML Engineering, Inc Sheets 5-10 & 5-11 - Single/4 Panel Rolling Door Plan, Details & Elevation 7/18/2019 Mechanical Drawings Cardinal Engineering Associates Sheet M-OA - Mechanical- General Notes, Codes, Legends 7/18/2019 Cardinal Engineering Associates Sheets M-00 & M-OC- Mechanical Schedules 7/18/2019 Cardinal Engineering Associates Sheets M-OD & M-DE - Mechanical Details 7/18/203.9 Cardinal Engineering Associates Sheet M-OF - Mechanical - Specifications 7/18/2019 Cardinal Engineering Associates Sheets M-01 & M-02 Mechanical - Partial Area of Work plan 7/18/2019 Cardinal Engineering Associates Sheets M-03, M-04 & M-05 - Mechanical - Enlarged Plan 7/18/2019 Cardinal Engineering Associates Sheets M-06 & M-07 - Mechanical Floor Plans, Sections, and Elevations 7/18/2019 Electrical Drawings Cardinal Engineering Associates Sheet E-OA - General Notes, Specifications, Legends, Index 7/18/2019 Cardinal Engineering Associates Sheet E-OB - Specifacations & Details 7/18/2019 Cardinal Engineering Associates Sheet E-01-Site Plan - All Phases 7/18/2019 Cardinal Engineering Associates Sheet E-02- Electrical Site Plan 7/18/2019 Cardinal Engineering Associates Sheet E-03- Electrical Key Plan 7/18/2019 Cardinal Engineering Associates Sheets E-04, E-06, E-08, E-10, E-12- E-13 - Partial Electrical Plan - North/South 7/18/2019 Cardinal Engineering Associates Sheet E-07 - Electrical Room Plan - North 7/18/2019 Cardinal Engineering Associates Sheets E-09, E-11- Roof Plan - North/South 7/18/2019 Cardinal Engineering Associates Sheets E-14-E-15 - Partial Low Voltage Plan - North/South 7/18/2019 Cardinal Engineering Associates Sheets E-16-E-19 - Partial Lighting Plan - North/South 7/18/2019 Cardinal Engineering Associates Sheets E-20-E-21 Lighting Controls, Schedules & Mounting Details 7/18/2019 Cardinal Engineering Associates Sheets E-22-E-23 - Panelboard Schedules 7/18/2019 Cardinal Engineering Associates Sheet E-24 - Panelboards, Details, & Riser Diagram 7/18/2019 Plumbing Drawings Cardinal Engineering Associates Sheet P-OA - General Notes, Schedules, Codes, & Legends 7/18/2019 Cardinal Engineering Associates Sheet P-OB - Details 7/18/2019 Cardinal Engineering Associates Sheet P-OC - General Specifications 7/18/2019 Cardinal Engineering Associates Sheets P-OS & P-03 - Gravity Piping - Overall Floor Plan 7/18/2019 Cardinal Engineering Associates Sheets P-02 & P-04 - Pressure Piping -Overall Floor Plan 7/18/2019 Cardinal Engineering Associates Sheet P-05 Gravity Piping - Enlarged Floor Plan 7/18/2019 Cardinal Engineering Associates Sheet P-06 - Pressure Piping - Enlarged Floor Plan 7/18/2019 Cardinal Engineering Associates Sheet P-07 - Gravity Piping - Schematic Riser Diagrams 7/18/2019 Cardinal Engineering Associates Sheet P-08 - Pressure Piping - Schematic Riser Diagrams 7/18/2019 Addendums Donadio & Associates, Architects Addendum 01 7/25/2019 PERMIT # . I F -., —_ -1 I ISSUE DATE. PLANNING & DEVELOPMENT SERVICES Building &- Code Compliance'Division 'COUNTY BUILDING PERMIT SUB -CONTRACTOR AGREEMENT A&G CONCRETE POOLS,INC have agreed -to be (Company:Name/Indlvidual Name) the pT.T TMRTNG Sub -contractor for A&G CONCRETE POO INC (Type of Trade) (Primary Contractor) For the project located at 3901 ST_ LUCTF. RI VD 3495 (Project Street Address or Property Tax ID #) It is understood that, if there is any change of status regarding our participation with the above mentioned project, the Building and Code Regulation Division of St. Lucie County will be advised pursuant tothe filing of a Change of Sub -contractor notice. CONTRACTOR 25959 COUNTY CERTIFICATION NUMBER State of Florida, County of ST L.UCIE �The fore Ding instrument was signed before me this, ? day of w'v 2011%__TAMES T LEONARD who is personally (mown }C or has produced a identification. STAMP igna of NotaryPublic ANQFT A RORSODI—RTR1l WGRAM Print Name of Notary Public 41 L,6' Revised 11/16/2 ((tuall6er) TAMF_C T I-EnNARD PRINT NAME 25959 COUNTY CERTIFICATION NUMBER State of Florida, County of ST LUCIE ostrurneat was signed before me this day.of dmr,206,by 1AMES T LEONARD who is personally known for has produced a _ as identification. STAMP 4ignaturtary PublicOV ANGELA BORSODI-BIRMINGHAM Print Name of Notary Public 20 1G: �•,+yt• `; ANI BORSODI-BIRMINGHAM Notary Public p -State of Florida fission #GG My Comm 249625 Expires Aug 16, 2022 Bonded through National Notary Assn. ANGF_A 30RSOD1.31RMINGHAMNotary ?uu�icState of Florida ,Commission # GG 249625 �My Comm. Expires Aug 16, 2022 Boreec through National Notary Assn. PERMIT# ISSUE DATE �(`�2� PLANNING & DEVELOPMENT SERVICES • ' Bu11dih9A :Code Compliance Division BUILDING PERMIT - SUB -CONTRACTOR AGREEMENT - (Company Name/Individual Name j have:agreed to be . the .: PLUMBING (AUTO -FILL) Sub -contractor f0r A&G.CONCRETE POOLS,INC (Type of Trade) (Primary Contractor) For the project located at 3901 ST LUCIE BLVD PORT ST LUCIE PL 34953: (Project Street Address or Property Tax ID #) It is .understood that, if there, is anY change of status. regarding our participation,with the above mentioned project, the Building and Code Regulation Division of 5t. Lucie County will be advised pursuant to the. filing of a. Change of Sub -contractor notice: CONTRACTORSIG er) CON OR "NATUdalilier) ; AMES ARD�sT PRI E PRINT NAME 25959 COUNTY CERTIFICATION NUMBER S*(I f(1� CERTIFICATION NUMBER State of Florlda, County or ST LUCIE Stale of Florida, County of WJ The Ibregolog lostrwncut was slgned before.me'thls _L day of The foregoing instrument was signed before me this day of Y ao f 'by_ JAMES T LEONARD , 20 (Al by who is personally (mown 2_or.has produced a w6oU personally known or has produced a as I nlllicaiioa. as identiB ion, 5ignatu olary Pub rc STAMP STAMP Signature of. Notary ubs c ri f e of Notary ubllc . .. Print Name -of Notary. Public 10% - Notary Public State of Florida. . ANGELA BORSODI-BIRMINGHAM 4' MAUREEN AMLEZ'- Revised 1 �Q'. Notary Public- State of Florida MY Commission.GG 1285T8 '� o= Commission M GG 249625 Expires 70123f202t a 'My Comm. Expires Aug 16, 2022 Bonded through National Notary Assn. - asaunr�, �- e� D.�A/�', itV17h711lY�w B atw! f MtY ruble t Sfgnture ofNeMry PuhOe •••.� * : COmt 7 ,r t �' 1 Ann. • _ �rld,Ff�p9�c 90fYb�YtLSI�V����� . .Friel a .a ryPub➢e.: .: aae:ofPPolarYib �islr Pue ., ANGELA BORSODI•BIRMINGHAM .: Notary Public -State of Florice t : o, Commission N.GG.249625 ReVitod l b6 :My Comm. Expires Aug 16, 2( Z2 Bonded through. National Notary kw . .