The URL can be used to link to this page

Home My WebLink AboutCONSENSUS DOCS AGREEMENTConsensusDOCS' C nuwmcoMreCis sum eyConseneus SCANNED BY CONSENSUSDOCS 415 St. Lucie County STANDARD DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND DESIGN -BUILDER (Where the Basis of Payment is a Lump Sum Based on an Owner's Program Including Schematic Design Documents) This document was developed through a collaborative effort of entities representing a wide cross-section of the construction industry. The organizations endorsing this document believe it represents a fair and reasonable consensus among the collaborating parties of allocation of risk and responsibilities in an effort to appropriately balance the critical interests and concerns of all project participants. These endorsing organizations recognize and understand that users of this document must review and adapt this document to meet their particular needs, the speck requirements of the project, and applicable laws. Users are encouraged to consult legal, insurance and surety advisors before modifying or completing this document. Further information on this document and the perspectives of endorsing organizations is available in the ConsensusDOCS Guidebook. TABLE OF ARTICLES 1. AGREEMENT 2. GENERAL PROVISIONS 3. DESIGN -BUILDER'S RESPONSIBILITIES .4. OWNER'S RESPONSIBILITIES 5.SUBCONTRACTS 6. CONTRACT TIME 7. CONTRACT PRICE 8. CHANGES IN THE WORK 9. PAYMENT 10. INDEMNITY, INSURANCE, BONDS, AND WAIVER OF SUBROGATION 11. SUSPENSION AND TERMINATION OF THE AGREEMENT AND OWNER'S RIGHT TO PERFORM DESIGN -BUILDER'S RESPONSIBILITIES 12. DISPUTE RESOLUTION 13. MISCELLANEOUS PROVISIONS IMPORTANT: Avertical line in the margin indicates a change has.beenmade ,ta the original text Prior to signing, recipients may wish to request from the party producing the document a °redlined" version Indicating changes to the original text Consultation with legal and Insurance counsel and careful review of the entire document are strongly encouraged. ConsensusDOCS 415 - STANDARD DESIGN -BUILD AGREEMENT AND GE,,�1C�RAL CONDITIONS BETWEEN OWNER AND DESIGN -BUILDER (Where the Basis of Payment Is a Lump Sum Based on an Owners Program Intruding Schematic Design Documents). Copyright 02007, ConsensusDOCS LLC; Revised November 2009. YOU ARE ALLOWED TO U E THIS DOCUMENT FOR ONE CONTRACT ONLY. YOU MAY MAKE 9 COPIES OF THE COMPLETED DOCUMENT FOR DISTRIBUTION T THE CONTRACTS PARTIES. ANY OTHER USES, INCLUDING COPYING THE FORM DOCUMENT, ARE STRICTLY PROHIBITED. 14. EXISTING CONTRACT DOCUMENTS This Agreement has important legal and insurance consequences. Consultations with an attorney and with insurance and surety consultants are encouraged with respect to its completion or modification. Notes indicate where information is to be inserted to complete this Agreement. ARTICLE 1 AGREEMENT This Agreement is made this 3 Day of September in the year 2010, by and between the OWNER NAVY UDT/SEAL MUSEUM ASSOCIATION, INC. 3300 NORTH HIGHWAY A1A FT. PIERCE, FL 34949 and the DESIGN -BUILDER Ahrens Companies 1461 Kinetic Road Lake Park, FL 33403 CBC-006515, CGC-1509988, FL58578 for services in connection with the following PROJECT NAVY SEALS MUSEUM BUILDING ADDITION Construction of a 70'-0" W x 120'-U' L x 18'-0" E.H. Building as per the Specifications included as Exhibit No. 2 of this contract and preliminary drawings marked as Exhibit No. 1. Notice to the Parties shall be given at the above addresses. ARTICLE 2 GENERAL PROVISIONS 2.1 TEAM RELATIONSHIP The Owner and the Design -Builder agree to proceed with the Project on the basis of trust, good faith and fair dealing. The Design -Builder agrees to procure the architectural and engineering services set forth below, and to furnish construction and administration of the Work. 2.1.1 The Design -Builder represents that it is an independent contractor and that it is familiar with the type of work it is undertaking. 2.1.2 Neither the Design -Builder nor any of its agents or employees shall act on behalf of or in the name of the Owner unless authorized in writing by the Owners Representative. . (I 2.1.3 The Owner and the Design -Builder shall perform their obligations with integrity, ensuring at a �V1 IMPORTANT: A vertical line In the margin indicates a change has been made to the original text Prior to signing, recipients may wish to request from the party producing the document a "redlined" version indicating changes to the original text Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. ConsensusDOCS 415 • STANDARD DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND DESIGN -BUILDER (Where the Basis of Payment Is a Lump Sum Based on an Owner's Program Including Schematic Design Documents). Copyright ® 2007, ConsensusDOCS LLC; Revised November 2009. YOU ARE ALLOWED TO USE THIS DOCUMENT FOR ONE CONTRACT ONLY. YOU MAY MAKE 9 COPIES OF THE COMPLETED DOCUMENT FOR DISTRIBUTION TO THE CONTRACTS PARTIES. ANY OTHER USES, INCLUDING COPYING THE FORM DOCUMENT, ARE STRICTLY PROHIBITED. utation; or insolvency. rep„. 6.5.1 The following items of damages are excluded from this mutual waiver. I 6.5.2 The provisions of this Paragraph shall also apply to the termination of this Agreement and r '`, shall survive such termination. The Owner and the Design -Builder -shall require similar waivers in } ; . contracts with Subcontractors and Others retained for the Project. ARTICLE 7 €; CONTRACT PRICE The Contract Price is FIVE HUNDRED FIFTY-EIGHT THOUSAND THREE HUNDRED NINETY-SIX DOLLARS ($558,396.00), subject to adjustment in accordance with the provisions of Article 8. ARTICLE 8 CHANGES IN THE WORK Changes in the Work which are within the general scope of this Agreement may be accomplished without invalidating this Agreement by Change Order, Interim Directed Change, or a minor change in the Work, subject to the limitations stated in the Contract Documents. 8.1 CHANGE ORDERS 8.1.1 The Design -Builder may request or the Owner, without invalidating this Agreement, may order changes in the Work within the general scope of,the Contract Documents consisting of adjustment to the Contract Price or the Date of Substantial Completion or the Date of Final Completion. All such changes in the Work shall be authorized by applicable Change Order, and shall be performed under the applicable conditions of the Contract Documents. Each adjustment in the Contract Price resulting from a Change Order shall clearly separate the amount attributable to Design services. 8.1.2 The Owner and the Design -Builder shall negotiate in good faith an appropriate adjustment to Contract Price or the Date of Substantial Completion or the Date of Final Completion and shall conclude these negotiations as expeditiously as possible. Acceptance of the Change Order and any adjustment in the Contract Price or the Date of Substantial Completion or the Date of Final Completion shall not be unreasonably withheld. 8.2 INTERIM DIRECTED CHANGE 8.2.1 The Owner may issue a written Interim Directed Change directing a change in the Work prior to reaching agreement with the Design -Builder on the adjustment, if any, in the Contract Price or the Date of Substantial Completion or the Date of Final Completion, and if appropriate, the compensation for Design services. 8.2.2 The Owner and the Design -Builder shall negotiate expeditiously and in good faith for appropriate adjustments, as applicable, to the Contract Price or the Date of Substantial Completion or the Date of Final Completion, and if appropriate the compensation for Design services, arising out of Interim Directed Changes. As the changed work is completed, the Design Builder shall submit its costs for such work with its Application for Payment beginning with the next Application for Payment within thirty (30) Days of the issuance of the Interim Directed Change. Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment and shall be A paid by Owner. V 15 IMPORTANT: A vertical line in the margin indicates a change has been made to the original text Prior to signing, recipients may wish to request from the party producing the document a'redltned' version indicating changes to the original text. Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. ConsensusDOCS 415 • STANDARD DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND DESIGN -BUILDER (Where the Basis of Payment Is a Lump Sum Based on an Owners Program Including Schematic Design Documents). Copyright ® 2007, ConsensusDOCS LLC; Revised November 2009. YOU ARE ALLOWED TO USE THIS DOCUMENT FOR ONE CONTRACT ONLY. YOU MAY MAKE 9 COPIES OF THE COMPLETED DOCUMENT FOR DISTRIBUTION TO THE CONTRACTS PARTIES. ANY OTHER USES, INCLUDING COPYING THE FORM DOCUMENT, ARE STRICTLY PROHIBITED. This Agreement is entered into as of the date entered in Article 1. ATTEST:.....`...... ....... OWNER: NAVY UDT/ USE�IATION, INC. BY:.... r/V.................................. PRINTNAMAMIE: PRINTTITLE: D /RECTo/z/%1�Fl�SriRL�2 ATTEST:...`'} ..<...�.......... DESIG B ILD : A�en meanies BY:................................'. PRINT NAME: Richard C. Ahrens PRINT TITLE: Executive Vice President 31 IMPORTANT: A vertical line in the margin indicates a change has been made to the original text. Prior to signing, recipients may wish to request from the party producing the document a "redlined" version indicating changes to the original text Consultation with legal and insurance counsel and careful review of the entire document are strongly encouraged. ConsensusDOCS 415 • STANDARD DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND DESIGN -BUILDER (Where the Basis of Payment Is a Lump Sum Based on an Owner's Program Including Schematic Design Documents). Copyright m 2007, ConsensusDOCS LLC; Revised November 2009. YOU ARE ALLOWED TO USE THIS DOCUMENT FOR ONE CONTRACT ONLY. YOU MAY MAKE 9 COPIES OF THE COMPLETED DOCUMENT FOR DISTRIBUTION TO THE CONTRACTS PARTIES. ANY OTHER USES, INCLUDING COPYING THE FORM DOCUMENT, ARE STRICTLY PROHIBITED. -DBPR - CHEN, XUAN, Profes`-=-, al Engineer I A 1 8:25:45 AM 12&2011 Licensee Details Licensee Information Name: CHEN, XUAN (Primary Name) (DBA Name) Main Address: 12016 AVILES CIRCLE PALM BEACH GARDENS Florida 33418 County: PALM BEACH License Mailing: LicenseLocation: License Information License Type: Professional Engineer Rank: Prof Engineer License Number: 58578 Status: Current,Active Licensure Date: 06/20/2002 Expires: 02/28/2013 Special Qualifications Qualification Effective Building Code Core Course Credit View Related License Information View License Complaint ....... ..._................................. ...... ..... ... ........... ..... ....... ...... ............ ............................................. Contact Us :: 1940 North Monroe Street, Tallahassee FL 32399 :: Call.Center@dbpr.state.fl.us :: Customer Contact Center: 850.487.1395 The State of Florida is an AAJEEO employer. Copyright 2007-2010 State of Florida. Privacv Statement Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released In response to a public -records request, do not send electronic mail to this entity. Instead, contact the of0ce by phone or by traditional mall. If you have any questions regarding DBPR's ADA web accessibility, please contact our Web Master at webmaster(adimr.state.fLus. https://www.myfloridalicense.comlLicenseDetail.asp?SID=&id=508C7BF79408BE6FO35... 1 /26/2011 DBPR - RUSSELL, FORREST T- professional Engineer I 1 2:03.28 PM 1262011 Licensee Details Licensee Information Name_ RUSSELL, FORREST 3 (Primary Name) (DBA Name) Main Address: 1865 Bakers Grove Road HERMITAGE Tennessee 37076 County: OUT OF STATE License Mailing: LicenseLocation: Kirby Building Systems 124 Kirby Drive PO Box 390 PORTLAND TN 3714E County: OUT OF STATE License Information License Type: Professional Engineer Rank: Prof Engineer License Number: 51590 Status: Current,Active Licensure Date: 03128/1997 Expires: 02/28/2013 Special Qualifications Qualification Effective Building Code Core 10/11/2004 Course Credit View Related License Information View License Complaint Contact Us:: 1940 North Monroe Street, Tallahassee FL 32399 :: Call.Center@dbocstate.fl.us :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer. copyright 2007-2010 State of Florida. Privacy Statement Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-recards request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions regarding DBPR's ADA web accessibility, please contact our Web Master at Webmasterfmdbonstate.fl.us. https://www.myfloridalicense.com/LicenseDetail.asp?SID=&id=FEE519FC8C3AF63 8DF... 1 /26/2011