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HomeMy WebLinkAboutCONCRETE RESTORATION CONTRACTSCANNED BY CONCRETE RESTORATION CONTRACT St. Lucie County THIS CONTRACT is entered into this (o'`hday of 20q by and between the HUTCHINSON ISLAND BEACH CLUB, INC. {/LAND BEACH CLUB CONDOMINIUM (hereinafter referred to as "OWNER") located at 9800 S. Ocean Drive, Jensen Beach, FL 34957, and SPECIAL FORCES RESTORATION & CONSTRUCTION, INC., a Florida corporation, (hereinafter referred to as "CONTRACTOR") whose address is 1235 NE Dixie Highway, Jensen Beach, FL 34957. OWNER and CONTRACTOR, in consideration of the mutual covenants as hereinafter set forth, and other good and valuable consideration, agree as follows: ARTICLE I 1. Work. The CONTRACTOR shall complete all work as specified or as indicated in the Contract Documents. "WORK" is generally described as follows: furnish labor, equipment, permits and material for Concrete Repair work accordance with the Specifications/Scope of Work incorporated herein through the attachments referenced in the following section. CSM ENGINEERING, LLC (hereinafter referred to as "ENGINEER") shall provide services as OWNER's engineer in connection with the performance of the Work. ARTICLE H 2. Contract Documents. The Contract Documents which comprise the entire agreement between the OWNER and CONTRACTOR are attached to this contract and made a part hereof, and consist of the following: a. This Contract pages 1 through 11; b. General Conditions pages I 1 through 16; C. Scope of Work, attached to this Contract as Exhibit "A". d. Bid Spreadsheet, attached to this Contract as Exhibit "B". e. Engineer hrspection Plan, attached to this Contract as Exhibit "C". f. Specifications, attached to this Contract as Composite Exhibit "D", i. Exhibit D.1— Concrete Repair Specifications ii. Exhibit D.2 — Corrosion Inhibitor Treatment Specifications iii. Exhibit D.3 — Waterproofing Specifications iv. Exhibit DA — Steel Reinforcement Protection Specifications v. Exhibit D.5 — Sacrificial Anode Specifications vi. Exhibit D.6 — Weather Wall and Hurricane Weather Wall Specification Drawings Page 1 of 16 (Iaiti vii. Exhibit D.7 — Typical Balcony Shoring Details viii. Exhibit D.8 — Structural Inspection Report g. Any fully executed and written Contract Modifications/Change Orders as may be entered into after the execution of this Contract. h. Any fully executed and written Amendments or Addendums as may be entered into after the execution of this Contract In the event of a conflict among any of the Contract Documents, the terms of this Contract and the General Conditions, as amended by any Change Orders or Amendments, shall control over any ofthe Exhibits hereto. ARTICLE 1111 3. Contract Time. 3.1 Contract Time -Mobilization. The starting date for on -site mobilization will be July 5, 2017, or within five working days of the issuance of the permit, whichever is later. CONTRACTOR is responsible for securing all required permits and shall take all reasonable actions to pursue the permit as soon as possible. The cost ofpermits shall be passed on to OWNER as outlined in paragraph 4.2 below. 3.2 Contract Time — Completion. All Work shall be completed on or before December 1, 2017 ("Completion Deadline). The Completion Deadline may onlybe extended upon written request and shall be reasonably approved or disapproved by OWNER, in its absolute discretion. If a request for extension is denied by OWNER, the provisions of Section 3.3 below shall govern. Nan extension is made necessary by a Force Majeure Event, the provisions of Section 3.4 below shall govern. Completion of Work shall be defined as the date upon which the last of all of the following events have occurred: A. All necessary approvals have been issued with respect to the Work by the ENGINEER and all appropriate governmental authorities; B. Complete final clean-up, painting and repair and restoration (at CONTRACTOR'S expense) of any damage caused to any property; and C. All Work (including all punch list items), has been completed to the reasonable satisfaction of OWNER and ENGINEER and OWNER has received (i) all warranties and guarantees to which it is entitled and (ii) final releases of lien from CONTRACTOR, suppliers, materialmen and laborers. The parties acknowledge that this time schedule has been set, knowing that Work is to be performed during a time when rain is a common event CONTRACTOR will continuously and diligently Page 2 of 16 (Initial (Imti}t — pursue the Work with adequate crews during the term of this Contract. If on or about November 15, 2017 the ENGINEER determines that the Work will not be completed on or before December 1, 2017 then, unless otherwise agreed in writing by the OWNER and CONTRACTOR, the provisions of Section 3.3 shall apply. No concrete demolition shall take place after November 1. 2017 without the express written consent of OWNER. 3.3. Failure to Complete by Completion Deadline A. if Completion of Work (as defined by Section 3.2 above) is not achieved by December 1, 2017, CONTRACTOR agrees that, upon demand of OWNER or ENGINEER, the following shall occur. i. CONTRACTOR shall finish Work on Units specified by ENGINEER and then stop all Work and demobilize by December 15, 2017. ii. OWNER shall pay CONTRACTOR for all Work completed and approved by ENGINEER and St. Lucie County as of December 15, 2017, less any applicable retainages. Hi. CONTRACTOR shall remobilize at its sole cost and expense on or about July 5, 2018 at which time all Work shall be completed under this Contract. All provisions regarding the maintenance of a performance bond and insurance shall continuously apply to all Work done before, after, and because of the re -mobilization. B. In the alternative, OWNER may elect the option ofutilizing its own or outside labor forces to complete the Work, and charge the cost of such Work against the CONTRACTOR, or its surety. If these delays cause damages for which the OWNER becomes liable, the CONTRACTOR shall reimburse the OWNER for all such costs (CONTRACTOR shall not be required to pay both liquidated damages as defined in Section 3.3.A.ff and actual damages or costs). C. In the event that CONTRACTOR fails to make anyone or more ofthe payments to OWNER as required under this Article, OWNER shall have the right to deduct any and all such amounts from the next sequential payment and/or final payment. 3.4. Force Maieure. Neither party will be liable for any failure or delay in the performance of its obligations under the Contract Documents if its failure or delay is due to the occurrence of a "Force Majeure Event". For the purposes of this Contract, a "Force Majeure Event" is defined as follows: an act, hindrance, or delay resulting from an event which (1) is beyond the reasonable control ofaparty; (2) materially affects the performance of any of its obligations under the Contract Documents; and (3) could not reasonably have been foreseen or provided against. "Force Majeure Events' include, but are not limited to: named storms; unavoidable casualties; catastrophic loss or damage; national, state, or local emergency; unusual delay in transportation or inability to procure materials outside of the control of the CONTRACTOR, or any unavoidable event which meets the general description of "force majeure" events relative to construction projects. In addition, if concealed or unknown Page 3 of 16 (Initial) IXI-9� (Initials e�� physical conditions are encountered at the site that (a) differ materially from those indicated in the Contract Documents; or (b) differ from those conditions ordinarily found to exist; or (c) expand the Work or increase the anticipated quantity of units by 50% or more, then the parties shall treat such situation or event as a Force Majeure Event. Upon the occurrence of a Force Majeure event, the Completion Deadline shall be equitably altered. The occurrence of a Force Majeure Event that materially impacts the Work shall entitle CONTRACTOR, upon written notice to ENGINEER with reasonable supporting documentation, to receive an extension of time as to any deadline, including the Completion Deadline, which shall be timely reflected in a written Change Order. The extension of time shall be an equivalent number of days to the Force Majeure Event, if measurable, or a reasonable and equitable period of time, whichever is greater. (E.g., if the project is under a hurricane watch for three days, the Completion Deadline shall be extended three days). Requests and Change Orders due to Force Majeure Events shall not be unreasonably sought nor delayed / denied. The parties acknowledge that a Force Majeure Event may also require an adjustment to the Contract Price. 3.5 Hurricane Preparation and Aftermath. The parties acknowledge that the Work contemplated by this Contract is to be performed during a time when tropical windstorms and hurricanes may be a common occurrence. During any tropical storm or hurricane advisory issued by NOAA or the state/county affecting the project area, CONTRACTOR shall ensure that the project area and all such materials, tools, equipment and work shall be reasonably secured to avoid potential injury or damage to person or property. CONTRACTOR shall undertake all efforts necessary to secure the project area at its own exoenseup to and including disassembling and securing scaffolding, protecting or securing windows, or other forms of de -mobilization and re -mobilization as needed. Should CONTRACTOR fail to properly and reasonably secure the project area and all such materials, tools, equipment and work prior to a windstorm event, CONTRACTOR shall be liable for all damages caused resulting therefrom not otherwise covered by insurance. CONTRACTOR's obligations to secure the work site do not include storm -board up or storm - related clean-up for areas of OWNER'S property not governed by the Scope of Work to this Contract (e.g. the West properties). However, upon a timely, written request of the OWNER, CONTRACTOR may provide - separate from the terms ofthese Contract Documents - storm board - up, and storm -related clean-up services to OWNER for the properly outside the work area at an hourly rate of $42.00 per man hour, plus materials at cost plus 20% markup. ARTICLE IV 4. Contract Price. 4.1 Contract Price. OWNER shall pay CONTRACTOR, in current funds for the performance of the Work, subject to additions or deductions by Change Order as provided in the Contract Documents, the Contract Sum of Three Hundred Seventy Nine Thousand, Eight Hundred Seventy Five and 0/100 Dollars ($379,875.00). The parties acknowledge the Contract Sum is based on the lump sum and unit prices contained in the Bid Spreadsheet attached to this Contract as Exhibit "B". 4.2 Changes/Additions to Contract Price. Thepartiesfartheraclmowledgethatthe Page 4 of 16 A',f (Initial) (Initi4 1 final Contract Sum maybe more than the Contract Sum referenced in this Contract depending on the quantity of Work actually performed by the CONTRACTOR. If additional unit quantities are required to complete the Work and are authorized by the OWNER and ENGINEER by written Change Order, the Contract Sum will be adjusted upward based upon the unit prices set forth in Exhibit "B." Any changes to the Scope of Work that are not contained in the Unit Price categories in the Bid Spreadsheet shall be governed by the following rates: a. Skilled labor - $38.00 per hour b. Unskilled labor - $30.00 per hour C. Foreman - $40.00 per hour d. All other Equipment and Materials — Cost plus 20°/a As to any additional labor charges to be governed by the rates above, CONTRACTOR shall diligently keep supporting time records for all man-hours to be charged to OWNER OWNER shall only be obligated to pay for additional man-hours or labor after CONTRACTOR has provided adequate evidence to substantiate the hours billed (including any subcontractor hour; reimbursed at the hourly rates above) whether by evidence of actual payment to employees or provision of individual daily job timekeeping records. CONTRACTOR shall also maintain and provide, upon request, records that verify its employees meet the qualifications for the labor categories specified above (e.g. records verifying an employee qualifies as a "Skilled laborer'). The fixed hourly rates above are not varied for overtime work. As to any additional Equipment and Material Costs, the invoiced cost shallbe invoicedbased on actual cost incurred. CONTRACTOR shall diligently retain all receipts and invoices substantiating the actual costs and provide same upon request by OWNER - CONTRACTOR acknowledges and agrees that it will onlybe paid for actual Workperformed and approved by ENGINEER with the consent ofthe OWNER. All work that is outside the scope of this Contract may only be authorized by written Change Order issued in accordance with this Contract. The Contract Price is also subject to upward or downward revision based on the difference between the actual cost to CONTRACTOR ofthe permits required for the WORK as evidenced in paid receipts, and the Permitting Cost estimate contained in the Bid Spreadsheet Such revisions shall be documented in Change Orders approved by CONTRACTOR, and OWNER/ENGINEER ARTICLE V 5. P_kyment 5.1 Deposit and Progress Payments. Based upon applications forpayments submitted to the OWNER, the OWNER shall make progress payments on account of the Contract Sum to the CONTRACTOR as follows: a. Deposit OWNER shall not be required to remit a deposit Upon execution of this Contract, CONTRACTOR shall order materials, take all steps necessary to obtain all required permits, and prepare to mobilize. Page 5 of 16 b. Progress Payments. CONTRACTOR will provide OWNER with applications for payment detailing completed Work that has been approved for payment by ENGINEER as of the date of each application for payment, on the 1st day of each month. At the time of each application for payment, CONTRACTOR will provide OWNER with the written approval of ENGINEER and actual invoices for all materials actually incorporated into the Work as of the date of each application for payment. At the time of each application for payment, CONTRACTOR shall submit to OWNER all partial waivers/releases of liens for all materials, labor and equipment incorporated into the Work as of the date of each application as required by Article lI of the General Conditions. C. Payments and Retainapes. OWNER shall have ten (10) working days after receipt of each application for payment to approve the application for payment of the Work completed by CONTRACTOR and invoices for materials actually incorporated into the Work, or indicate in writing reasons for disapproval. OWNER will pay CONTRACTOR all undisputed amounts approved for actual Work completed on an application for payment on or before the 15th day of the month following the month in which the application was received, less a ten percent (10%) retainage. 5.2 Final Payment. Upon completion of all work to be completed under this contract by the CONTRACTOR to the satisfaction of the OWNER and OWNER'S ENGINEER, and upon delivery of all warranties for labor and materials incorporated in the work, receipt of all final waivers of lien from any sub -contractors, material suppliers and laborers, completion ofall punch list items to the satisfaction of the OWNER and ENGINEER, and receipt of a Final Contractor's Affidavit, the OWNER, within ten (10) days of final approval shall pay the CONTRACTOR the balance of the contract price and all ten percent (10%) retainages. The OWNER's approval shall not unreasonably be withheld. ARTICLE VI 6. Special Conditions Applicable to CONTRACTOR. 6.1. Work Hours. The CONTRACTOR may onlywork on the property between 8:30 am: and 6:00 p.m. Monday through Saturday. However, concrete demolition work shall only; be permitted at the following times: Monday 11:00 a.m. through 6:00 pm. Tuesday through Thursday: 8:30 am. through 6:00 p.m. Friday: 8:30 am. through 3:00 p.m. 6.2 Inspections. CONTRACTOR and ENGINEER will make every effort to adhere to the terms and conditions set forth in the Engineer Inspection Plan, attached to this Contract Page 6 of 16 (lnrael) J as Exhibit "C". The CONTRACTOR acknowledges that all Work to be completed under this Contract shall be inspected by the ENGINEER for proper completion pursuant to the specifications and Contract Documents. Should OWNER become liable for additional engineering fees due to excessive inspections due to the fault of the CONTRACTOR (as determined by ENGINEER), CONTRACTOR shall be responsible for same. 6.3 Performance Bond. Prior to commencing any Work under this Contract, CONTRACTOR shall obtain and provide OWNER with performance bonds covering CONTRACTOR'S obligations and duties under the Contract Documents. The bond shall cover one -hundred percent (100%) of the Contract Sum. The bond shall be issued by a first -tier insurance company. OWNER shall be named as an insured party. The performance bond shall remain in place until the Work is completed CONTRACTOR or insurance company may not cancel the Performance Bond without serving a minimum sixty (60) days written notice to OWNER. Should cancellation occur, CONTRACTOR agrees to immediately provide additional surety in a form acceptable to OWNER at no additional cost to OWNER OWNER shall pay for the cost of the performance bond through separate invoice, provided the cost ofperformance bond does not exceed four percent (4a/o) of the Contract Price. If the cost of the performance bond exceeds four percent (4a/u) of the Contract Price, CONTRACTOR shall pay the excess cost. The parties understand and agree that this Contract is contingent upon the issuance and maintenance of Performance Bond as required by this paragraph and failure of CONTRACTOR to complywith the requirements of this Article shall be deemed a default and shall be Cause for the termination of this Contract is provided for in Article DC of this Contract. 6.4 Supervision. CONTRACTOR's Project Managerwill visit the work site an a daily basis and CONTRACTOR' English speaking Superintendent will be on site every day from 8:30 a.m. to 4:30 p.m. 6.5 Breachine Interiors of Units and Two Weeks' Notice. The parties acknowledge that the Work contemplated by this contract may involve the breaching or exposing of the interiors of the units ofthe condominium. CONTRACTOR shall take reasonable precaution to prevent any damage to the interiors of the condominium units and shall follow all engineering standards established by OWNEWs ENGINEER in the event interior spaces must be exposed. Unavoidable damage caused by the Work shall be the responsibility of OWNER. In order to allow OWNER the opportunity to mitigate any interior damage, CONTRACTOR shall provide written notice to OWNER two -weeks in advance of commencing any work that will breach or expose the interior of a unit. 6.6 Work Schedule. PriortocommencementoftheWork, CONTRACTOR shall provide OWNER with a schedule indicating the expected progress of the work on a unit by unit basis (e.g. work for Units _through _ shall occur between the following dates....) The purpose of this schedule will be to provide OWNER with advance notice of the progress of the Work. 6.7 Monthly Status Conferences CONTRACTOR, OWNER, and Page 7 of 16 fit) / (Initial ENGINEER shall hold monthly status conferences, whether in person or telephonically, to discuss the progress of the work and amend the Work Schedule (outlined in Section 6.6) as needed. ARTICLE VII 7. Special Conditions Amplicable to Owner. 7.1 Where available, OWNER shall permit CONTRACTOR to use, at no cost, power and water necessary to carry out and complete the work. ARTICLE VIII 8. Attorneys' Fees. In the event it is necessary for either party to this Contract to file any legal proceedings to enforce the terms and conditions of this contract, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of such action, including but not limited to attorneys' fees and costs of any pre -suit, trial, Banlauptcy or Appellate proceedings associated with such action. ARTICLE IX 9., Termination. This Contract may be terminated by OWNER for Cause. Cause is defined as failure or default of CONTRACTOR to perform Work under this Contract in accordance with the Contract Documents, or in accordance with Federal, State, County or local building codes and ordinances, or to the satisfaction of OWNER or ENGINEER. In the event of such default, OWNER shall give CONTRACTOR written notice specifying the nature of the default. CONTRACTOR shall have fifteen (15) days to cure the default or, if such default in incapable of cure within fifteen (15) days, to commence curing the default within such fifteen (15) days and to diligently pursue such cure to completion. In the event CONTRACTOR fails to cure any default within the time flames described above to the satisfaction of OWNER/ENGINEER, OWNER may terminate this Contract without any further liability under this Contract ARTICLE X 10. Modification. This contract shall not be modified except in writing and executed by both parties hereto. ARTICLE X1 11. Miscellaneous. 11.1 Assignment. This agreement shall not be assigned by either party without the written consent of the other. 11.2 Parties Bound. The OWNER and CONTRACTOR each bind themselves, Page 8 of 16 (Initial) /�7 (initial( �\ their partners, successors, assigns and legal representatives to the other party hereto, and agree to be bound in respect to all covenants, agreements and obligations contained in the contract documents. 11.3 Time Is of The Essence. The parties hereto agree that Time Is of The Essence for completion of the terms of this contract. 11.4 Venue. Venue of any action arising out ofor related to this contract shall Hein St. Lucie County, Florida. ILL Waiver. Waiver by the OWNER of a breach of anyprovision ofthese Contract Documents by the CONTRACTOR shall not be deemed to be waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. 11.6 Notices. Any notice, acceptance, request, or approval from either party to the other shall be in writing and sent by certified mail, return receipt requested, or by personal delivery and shall be deemed to have been received whether either deposited in the United States Postal Service mailbox, or personally delivered with signed proof of delivery. The addresses for notice purposes are: OWNER: Hutchinson Island Beach Club, Inc. 9800 S. Ocean Drive Jensen Beach, FL 34957 With copy to: Ross Earle Bonan & Ensor, P.A. clo Deborah Ross 789 SW Federal Highway, Ste. 101 Stuart, Florida 34994 CONTRACTOR: Special Forces Restoration & Construction, Inc. 1235 NE Dixie Highway, Jensen Beach, FL 34995 11.7 Entire Agreement. These Contract Documents and any properly executed amendment or change thereto constitute the entire agreement between CONTRACTOR and OWNER relating to the Work. There are no previous or contemporaneous representations or warranties of OWNER or CONTRACTOR not set forth herein. 11.8 Waiver of Jury Trial. In the event of a dispute arising from or relating to the Work or the Contract Documents, the parties expressly waive a jury trial and agree that such dispute shall only be decided by a judge I bench trial in a court of competent jurisdiction. 11.9 Required Disclosures. CONSTRUCTION INDUSTRY'S RECOVERY FUND Pursuant to Section 489.1425, Florida Statutes, CONTRACTOR provides the following notice: PAYMENT MAY BE AVAILABLE FROM THE CONSTRUCTION INDUSTRY'S RECOVERY Page 9 of 16 (InitialJ,�� (Initial }i FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A STATE LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: (904) 727-6530, 7960 ARLINGTON EXPRESSWAY, SUITE 300, JACKSONVILLE, FLORIDA 32211. CHAPTER 558 NOTICE OF CLAIM Chapter 558, Florida Statutes, contains important requirements you must follow before you may bring any legal action for an alleged construction defect in your home. Sixty (60) days before you bring anylegal action, you must deliverto the other partyto this contract a written notice referringto Chapter 558 of any construction conditions you allege are defective and provide such person the opportunity to inspect the alleged construction defects and to consider making an offer to repair or pay for the alleged construction defects. You are not obligated to accept any offer which may be made. There are strict deadlines and procedures under this Florida law which must be met and followed to protect your interests. CHAPTER 713 NOTICE According to Florida's construction lien law (Sections 713.000-713.37, Florida Statutes), those who work on your property or provide materials and are not paid in full have a right to enforce their claim for payment against your property. Ifyour contractor or a subcontractor fails to pay subcontractors, sub -subcontractors, or material suppliers, the people who are owed money may look to your property for payment, even ifyou have already paid your contractor in full. If you fail to pay your contractor, your contractor may also have alien 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 service 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. [SIGNATURE PAGE TO FOLLOW] Page 10 of 16 (Iaiti ) WITNESSES: WITNESSES: OWNER: HUTCHINSON ISLAND BEACH CLUB, INC. A/K/A THE ISLAND BEACH CLUB CONDOMINIUM a Florida Not -for -Profit Corporation By: ►7 a .. Its: P e:-, Aer& CONTRACTOR: SPECIAL FORCES RESTORATION & CONSTRUCTION, INC. a Florida Corporation By: /4,-x � Its• & ei 5yjzz-'-LP ie_1r /Ps' s [GENERAL CONDITIONS TO FOLLOW] Page I I of 16 (Initial 1- SCANNED GENERAL CONDITIONS BY St. Lucie County ARTICLE I 1. Responsibilities of Contractor. 1.1 The CONTRACTOR shall carefully study and compare the contract documents and shall report to the OWNER any error, inconsistency, or omission he has discovered. The CONTRACTOR shall perform no portion of the work at any time without contract documents, or, where required, approved shop drawings, product data or samples for such portion of the work. 1.2 The CONTRACTOR shall supervise and direct the work, using his best skill and attention. He shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the work under the contract. At all times work is being performed, a project superintendent/foreman acceptable to OWNER shall be on site. 1.3 The CONTRACTOR is responsible to the OWNER forthe acts or omissions of his employees, subcontractors and their agents and employees, and otherpersons performing any of the worts under a contract with the CONTRACTOR. 1.4 The CONTRACTOR shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, transportation, and other facilities and services necessary for proper execution and completion of the work, whether temporary or permanent, and whether or not to be incorporated in the work. 1.5 The CONTRACTOR shall at all times enforce strict discipline in good order among his employees and shall not employ on the work any unfit person or anyone not skilled in the task assigned to him. 1.6 The CONTRACTORwarrants to the OWNER that all materials and equipment famished under this contract shall be new, unless otherwise specified, all work will be of good quality, free from faults and defects, and in conformance with the contract documents, and all applicable building codes in St. Lucie County, Florida. All work not conforming with these requirements, including substitutions not properly approved and authorized, may be considered defective. 1.7 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes for work or portions thereofprovided by the CONTRACTOR, which are legally enacted at the time the bids are received, whether or not yet effective. 1.8 CONTRACTOR shall secure and pay for any building permit or otherpermits, licenses and inspections necessary for proper execution and completion of the work, which are customarily secured after execution of the contract. The CONTRACTOR must be registered with the St. Lucie County Building Department. Page 12 of 16 (Ioitialk (Initie 1.9 The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work. 1.10 It is the responsibility of the CONTRACTOR to make certain that the contract documents are in accordance with applicable laws, statutes, building codes and regulations. 1.11 The CONTRACTOR shall confine operations at the site to the areas permitted by law, ordinances, permits and the contract and shall not unreasonably encumber the site with any materials or equipment. 1.12 The CONTRACTOR shall at all times keep the premises free from accumulation of waste materials ormbbish caused by his operations. At the completion of the work, he shall remove all waste materials and rubbish from and about the project, as well as.all his tools, construction equipment, machinery and surplus materials. 1.13 The CONTRACTOR will be responsible for maintaining reliable open lines of communication with OWNER and ENGINEER as to the status, schedule and complaints that may arise from the work. ARTICLE II 2. Release of Liens. 2.1 Upon completion of the work and at the time ofapplication for final payment, the CONTRACTOR will provide the OWNER with final waivers or releases of liens for any and all labor, materials and equipment incorporated into the work and a Final Contractor's Affidavit pursuant to Florida Statutes Chapter 713. The CONTRACTOR understands and agrees that the OWNER shall not be required to pay any amount to the CONTRACTOR until such time as the OWNER has received such waivers of liens covering the amount requested in the application for payment. ARTICLE III 3. Indemnification. To the fullest extent permitted by law, and in exchange for separate consideration ofTen Dollars in hand paid by the OWNER to the CONTRACTOR, and other good and valuable consideration, the CONTRACTOR shall indemnify and hold harmless the OWNER and its agents, employees and assigns from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees arising out or resulting from 0) the performance of the work provided, that any such claim, damage or loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the work, and the loss of the use resulting therefrom; and (2) is caused in whole or in part by negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly orindirectly employed by any ofthem,oranyone forwhomacts any ofthem maybe liable. CONTRACTOR'S liabilityunder the above indemnification shall be limited to one million dollars ($1,000,000.00) per occurrence. ARTICLE IV Page 13 of 16 (lnitial) A.v �ti 4.1 Title. The CONTRACTOR wan -ants that title to all materials and equipment incorporated in the work shall pass to the OWNER upon direct paymentbyOWNER to the material supplier. The CONTRACTOR f irtherwanants that title to all work coveted by an application will pass to the OWNER either by incorporation in the construction or upon receipt of payment by the CONTRACTOR, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances. 4.2 Safety. The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs connected with the work ARTICLE V S. Insurance. During the progress of this work, the CONTRACTOR shall maintain such insurance as requested by the OWNER, including but not limited to (1) Workers' Compensation and Employers Liability per Florida Statute §440.02; (2) comprehensive general liability, including premises operations, bodily injury protection, independent contractors protective, products and completed operations and broad form property damage in the amount of $1,000,000.00 per occurrence. The OWNER shall be an additional named insured on all liability insurance required by the CONTRACTOR. THE CONTRACTOR SHALL PROVIDE THE OWNER WITH AN ENDORSEMENT AND CERTIFICATE OF INSURANCE OF ALL THE ABOVE DESCRIBED INSURANCE PRIOR TO BEGINNING ANY WORK UNDER THIS CONTRACT. ARTICLE VI 6. Changes. A change order is a written order to the CONTRACTOR signed by the OWNER issued after execution ofthe contract, authorizing a change in the work or any adjustment in the contract price or the contract time. The contract price and the contract time may be changed only by change order. Change orders shall reflect labor, materials, general conditions, performance bond, and shall reflect as to total number of construction days as approved by the OWNER. ARTICLE VII 7. Correction of Work The CONTRACTOR shall promptly correct all work reasonably rejected by the OWNER or ENGINEER as defective or as failing to conform with the applicable technical specifications, building codes, and Contract Documents whether observed before or after completion, and whether or not fabricated, installed or completed by the CONTRACTOR The CONTRACTOR shall bear all costs of correcting such rejected work, including compensation for any engineering or Agent/Representative fees incurred as a result of such defect. In the event the OWNER or ENGINEER makes a determination that the Contractor's work is defective, the CONTRACTOR shall have fifteen (15) days from the date of written notification by the OWNER of any defects to cure all defects. ARTICLE VHI 8. )nspection. The OWNER and ENGINEER shall have reasonable access to the work Page 14 of 16 (Initial (Inifi 1 "N . at all times. Work will be approved as it progresses, but failure to detect or reject defective work shall not prevent its rejection at any time before the completion of the contract. The CONTRACTOR shall be responsible for additional inspection charges incurred by the OWNER as a result of excessive re -inspecting of defective work or the CONTRACTOR'S continued poor performance in the completion of the work. ARTICLE IX 9. Suspension of the Work. The OWNER may suspend the work at anytime wholly or in part due to the CONTRACTOR'S failure to perform within the provisions of the contract, as determined by the OWNER. The CONTRACTOR shall have fifteen (15) days from receipt of written notice of such failure to perform within which to cure same. ARTICLE X 10. General Wanantv. The CONTRACTOR warrants all work, materials and equipment provided under this contract to be free from defects or inferior workmanship. The CONTRACTOR shall provide the OWNER with all manufacturers' warranties for all materials incorporated into the work. CONTRACTOR will take all efforts necessary to preserve and maintain the applicable manufacturer's wan -antics for all material incorporated into the Work. Any special or manufacturer's warranties referenced in the Specifications attached to this Contract as Composite Exhibit' D" are expressly incorporated herein. ARTICLE XI 11. Rfe air to Areas Damaged During_ Construction. The CONTRACTOR shall be responsible for complete restoration of all areas disturbed due to construction activities. Any damage to common areas, including, but not limited to, roads sidewalks, recreation areas, landscaped areas, irrigation systems and utilities shall be repaired by the CONTRACTOR. The areas shall be restored with equal materials, vegetation, sod, and irrigation as determined by the OWNER. The site shall be restored to equal condition. [SIGNATURE PAGE TO FOLLOW] Page 15 of 16 (lnitiat)/f1/%if/ WITNESSES: Print d Name o Witn •s tare 6fW ess I. �. Printed Name of Witness WITNESSES: OWNER: HUTCHINSON ISLAND BEACH CLUB, INC. A/K/A THE ISLAND BEACH CLUB CONDOMINIUM a Florida Not -for -Profit Corporation CONTRACTOR: SPECIAL FORCES RESTORATION & CONSTRUCTION, INC. a Florida Corporation By:: !ZC Its: ✓os ' Pd. now s Pelf y/may Page 16 of 16 (Initial)