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HomeMy WebLinkAboutCONSTRUCTION CONTRACTCONSTRUCTION CONTRACT SCANNED BY St. Luce County THIS CONTRACT is entered into this 161h day of January, 2015, by and between The Turtle Reef Condominiums I, Inc., (hereinafter referred to as "OWNER"), a Florida nonprofit corporation whose principal address is: 10800 S Ocean Dr, Jensen Beach, FL., and Blue Coast Construction (hereinafter referred to as "CONTRACTOR"), a Florida corporation whose principal address is: 2587 SE Monroe St, Stuart, FL. 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: Balcony Concrete Repairs and Restoration on Building "C" stack 01 in accordance with those Specifications dated November 03 , 2014, prepared by Mathers Engineering Corporation. (Hereinafter referred to as "OWNER'S ENGINEER"). ARTICLE II 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: 2.1 This Contract pages 1 through 5; 2.2 General Conditions, pages 6 through 13; 2.3 Specifications, consisting of 60 pages, dated November 03, 2014, prepared by Mathers Engineering corporation, attached to and incorporated into this Contract as Exhibit "A" (the "Specifications"). 2.4 CONTRACTOR'S proposal, consisting of 17 pages, d a t e d June 23, 2014, attached to and incorporated into this Contract as Exhibit "B". OWNER: CONTRACTOR:�� In the event of a conflict among any of the Contract Documents, the terms of this Contract and the General Conditions shall control over any of the Exhibits hereto. ARTICLE III 3. Contract Time. The Work to be performed under this Contract S h a I I commence a ft e r t h e issuance of the permit for the Work, and no sooner than April 20 and no later than April 27, 2015. CONTRACTOR is responsible for securing and paying for all required permits and shall take all reasonable actions to pursue the permit as soon as possible. All Work shall be completed on or before June 27, 2015. Completion of Work shall be defined as the date upon which the last of all of the following events have occurred: 3.1 All necessary approvals have been issued with respect to the Work by the appropriate governmental authorities; 3.2 Complete final clean-up and repair and restore (at CONTRACTOR'S expense) any interior or exterior damage caused to any property; and 3.3 All Work (including all punch list items), has been completed to the reasonable satisfaction of OWNER and/or OWNER'S ENGINEER and OWNER has received (i) all warranties and guarantees to which it is entitled and (ii) final releases of lien from CONTRACTOR, suppliers, material men 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 pursue the Work with adequate crews during the term of this Contract If CONTRACTOR fails to commence and/or to complete the Work within the stated time, OWNER may elect the option of utilizing 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 shall cause damages for which the OWNER becomes liable, the CONTRACTOR shall reimburse the OWNER for all such costs. ARTICLE IV OWNER: CONTRACTOR: 2 4. 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 OWNER: CONTRACTOR: the Contract Documents, a sum not exceed One Hundred Thousand Dollars ($ 100.000.00) , which includes all cost of labor and materials for the Work described in the Specifications, based upon the Unit Prices set forth in the Specifications, provided that OWNER shall pay the cost of a securing a performance bond. The Contract Sum shall not be changed without prior written approval by appropriate change order executed by OWNER and CONTRACTOR, and any additional Work proposed by CONTRACTOR and approved by OWNER and/or OWNER'S ENGINEER shall be performed in accordance with the Unit Prices set forth in Option "A" of the Specifications. ARTICLE V 5. Deposit and Progress Payments. Based upon applications for payments submitted to the OWNER, the OWNER shall make deposits and progress payments on account of the Contract Sum to the CONTRACTOR as follows: 5.1 Deposit. OWNER shall remit a deposit in the amount of S i x T h o u s a n d ($ 6,000.00 ) within thirty (30_) days of the execution of this Contract. Upon receipt of such deposit, CONTRACTOR shall order materials, take all steps necessary to obtain all required permits, and prepare to mobilize. 5.2 Progress Payments. CONTRACTOR will provide OWNER with applications for payment detailing completed Work as of the date of each application for payment, on the first and third Monday of each calendar month. At the time of each application for payment, CONTRACTOR shall submit to OWNER and OWNER'S ENGINEER 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 II of the General Conditions. 5.3 Payments and Retainages. OWNER and/or OWNER'S ENGINEER 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, or indicate in writing reasons for disapproval. OWNER will pay CONTRACTOR all undisputed amounts approved for actual Work completed, less a ten percent (10%) retainage within fifteen (15) days of receipt of the application for payment. In the event payment for undisputed amounts is not OWNER: CONTRACTOR: 4 OWNER: CONTRACTOR: remitted within thirty (30) day period, Contractor may assess a monthly late charge equal to one percent 1.0% of the outstanding balance due until paid in full. 5 ARTICLE VI 6. Final Payment. Upon completion of all Work to be completed under this contract by CONTRACTOR to the satisfaction of 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 all material suppliers and laborers, completion of all punch list items to the satisfaction of the OWNER and OWNER'S ENGINEER, and receipt of a Final Contractor's Affidavit, receipt of satisfactory evidence of final acceptance and closure of all pending permits from St Lucie County CONTRACTOR shall be paid the balance of the Contract Price and all ten percent (10%) retainages, ARTICLE VII 7. Miscellaneous. 7.1 Assignment. This agreement shall not be assigned by either party without the written consent of the other. 7.2 Parties Bound. OWNER and CONTRACTOR each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto, agree to be bound in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.3 Time is of the Essence. The parties hereto agree that time is of the essence for completion of the terms of this contract. ARTICLE VIII 8. Attorneys' Fees: Venue. 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 Bankruptcy or Appellate proceedings associated with such action. Venue for any legal proceedings arising under this contract shall be in St. Lucie County, Florida. ARTICLE IX 9. Addenda. This Contract shall not be modified u n I e s s a g r e e d to by written addenda executed by both parties hereto. OWNER: CONTRACTOR: 4 ARTICLE X 10. Inspection. CONTRACTOR acknowledges that all Work to be completed under this contract shall be inspected by OWNER and/or OWNER'S ENGINEER for proper completion pursuant to the Specifications and Contract Documents. ARTICLE XI 11. 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 Federal, State, County or local building codes or ordinances or to the satisfaction of OWNER and OWNER'S ENGINEER. In the event of such default, OWNER or OWNER'S ENGINEER 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 (1.5) days and to diligently pursue such cure to completion. In the event CONTRACTOR fails to cure any default within the time frames described above to the satisfaction of OWNER and OWNER'S ENGINEER, OWNER may terminate this Contract without any further liability under this Contract. TURTLE REEF CONDOMINIUMS I, Inc. M Printed Name, Position Held BLUE COAST CONSTRUCTION By: OWNER: CONTRACTOR:�- 5 Printed Name, Position Held OWNER: �- CONTRACTOR: _� GENERAL CONDITIONS ARTICLE 1. Responsibilities of CONTRACTOR 1.1 CONTRACTOR shall carefully study and compare the contract documents and shall report to OWNER any error, inconsistency, or omission it 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 CONTRACTOR shall supervise and direct the Work, using his best skill and attention. It shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract. The project superintendent MUST speak fluent English. 1.3 CONTRACTOR i s responsible to the OWNER for the acts or omissions of its employees, agents and other persons performing any of the Work under a contract with the CONTRACTOR. All persons performing Work under this Contract shall be employees of CONTRACTOR. The use of sub -contractors to perform Work under this Contract without the prior written consent of OWNER is strictly prohibited. 1.4 CONTRACTOR shall provide and pay for all labor, 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 CONTRACTOR shall at all times enforce strict discipline in good order among its employees and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. 1.6 CONTRACTOR warrants to the OWNER that all materials and equipment furnished under this Contract shall be new, 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 to these requirements, including substitutions not properly approved and authorized, may be considered defective. OWNER: CONTRACTOR: 7 1.7 CONTRACTOR shall pay all sales, consumer, use and other similar taxes for Work or portions thereof provided by CONTRACTOR, which are legally enacted at the time the bids are received, whether or not yet effective. OWNER: CONTRACTOR: 8 1.8 CONTRACTOR shall secure and pay for the building permits and other permits, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract, and which are legally required at the time bids are received. 1.9 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 CONTRACTOR to make certain that the Contract Documents are in accordance with applicable laws, statutes, building codes and regulations. 1.11 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 CONTRACTOR shall at all-time keep the premises free from accumulation of waste materials or rubbish caused by his operations. At the completion of the Work, CONTRACTOR shall remove all waste materials and rubbish from and about the project, as well as all his tools, construction equipment, machinery and surplus materials. ARTICLE II 2. Release of Liens. 2.1 At the time each application for payment is submitted, CONTRACTOR shall also provide OWNER with fully executed partial waivers of liens for any and all labor, materials and equipment incorporated into the Work as of the date of each application for payment. CONTRACTOR understands and agrees that OWNER shall not be required to pay any amount to CONTRACTOR until such time as OWNER has received such partial waivers of liens covering the amount requested in the application for payment. 2.2 Upon completion of the Work and at the time of application for final payment CONTRACTOR will provide 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. ARTICLE III 3. Indemnification. To the fullest extent permitted by law, and in 06"gftd% separate consideration of Ten Dollars ($10.00) in hand paid by OWNER J, 8 to CONTRACTOR, and other good and valuable consideration, the receipt and sufficiency of OWNER: CONTRACTOR: --Iff_ which is hereby acknowledged by CONTRACTOR, CONTRACTOR shall indemnify and hold harmless OWNER and OWNER'S ENGINEER and its members, 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: (1) 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 CONTRACTOR, anyone directly or indirectly employed by it, or anyone for whom acts it may be liable. In addition to, and without limiting the foregoing, to the fullest extent permitted by law, CONTRACTOR and any Sub -Contractor shall further indemnify and hold harmless the OWNER and OWNER'S ENGINEER from and against all claims, damages, losses or expenses, including but not limited to attorneys' fees and expenses, arising out of or resulting from any claim, action or proceeding, commenced by any third party, seeking to attach, garnish or sequester any funds due or payable to CONTRACTOR or Sub- Contractor. CONTRACTOR'S and Sub - Contractor's liability under the above indemnification shall be limited to One Million Dollars ($1,000,000.00) per occurrence, each. ARTICLE IV 4. Insurance. 4.1 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 pursuant to Florida Statute 440.02, in an amount of no less than $500,000; (2) Comprehensive General Liability, including premises operations, bodily injury protection, independent contractor's protection, products and completed operations and broad form property damage in the amount of no less than $2,000,000.00 per occurrence. If the CONTRACTOR has a claims made policy, then the following additional requirements apply: (a) the policy must provide a Retroactive Date which must be on or before the execution date of the Contract; and (b) the extending reporting period may not be less than five (5) years following the completion date of the Contract; (3) Automobile Liability on owned and non -owned motor vehicles used on the site or in connection with the Work for a combined single limit for bodily injury or property damage of not less than $1 million per occurrence. OWNER shall be an additional named insured on all liability insurance policies required herein. CONTRACTOR SHALL PROVIDE THE OWNER WITH AN ENDORSEMENT AND CERTIFICATE OF INSURANCE OF ALL OF THE ABOVE DESCRIBED OWNER: CONTRACTOR: (1/� 9 INSURANCE PRIOR TO BEGINNING ANY WORK UNDER THIS CONTRACT. OWNER. - CONTRACTOR: 10 4.2 All insurance shall be carried with companies that are financially responsible and admitted to do business in the State of Florida in which the project is located. If any such insurance is due to expire during the construction period, CONTRACTOR shall not permit the coverage to lapse and shall furnish evidence of coverage to OWNER and OWNER'S ENGINEER. All certificates of insurance, as evidence of coverage, shall provide that no coverage may be canceled or non - renewed by the insurance company until at least thirty (30) days prior written notice has been given to both the OWNER and OWNER'S ENGINEER. ARTICLE V 5. Changes. A Change Order is a written order to the CONTRACTOR signed by the OWNER issued after execution of the 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. ARTICLE VI 6. Correction of Work. CONTRACTOR shall promptly correct all Work rejected by the OWNER and/or OWNER'S ENGINEER as defective or as failing to conform with the applicable building codes or the Contract Documents whether observed before or after completion, and whether or not fabricated, installed or completed by CONTRACTOR. 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 and/or OWNER'S 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 OWNER and/or OWNER'S ENGINEER of any defects to cure all defects. ARTICLE VII 7. Inspection. OWNER and OWNER'S ENGINEER shall have reasonable access to the Work 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 OWNER'S and OWNER'S ENGINEER excessive re -inspecting of defective Work or CONTRACTOR'S OWNER: CONTRACTOR: 11 continued poor performance in the completion of the Work. OWNER: CONTRACTOR:_ 12 ARTICLE VIII 8. Suspension of the Work. OWNER and/or OWNER'S ENGINEER may suspend the Work at any time wholly or in part due to the CONTRACTOR'S failure to perform within the provisions of the Contract, as determined by the OWNER and/or OWNER'S ENGINEER CONTRACTOR shall have fifteen (15) days from receipt of written notice of such failure to perform within which to cure same. ARTICLE IX 9. Warranty. The CONTRACTOR warrants all Work, materials and equipment provided under this Contract to be free from defects or inferior workmanship for a period of Five (51 years from date of completion of all Work. The CONTRACTOR shall provide the OWNER with all manufacturers' written warranties for all materials incorporated into the Work, which shall be for a period of not less than (5 ) years. OWNER shall be the designee of all manufacturers' warranties. ARTICLE X 10. Repair to Access Areas and Areas Damaged During Construction The CONTRACTOR shall be responsible for complete restoration of all areas damaged or disturbed due to its construction activities. The areas shall be restored to a substantially equivalent condition as determined by OWNER and/or OWNER'S ENGINEER ARTICLE XI 11. Special Conditions. 11.1 Should adverse conditions such as severe storms or hurricanes be forecasted, CONTRACTOR shall take all necessary precautions to the extent possible, such as covering windows where windows have been removed, and disassembling and securely securing scaffolding. All such precautionary tasks shall be done at the expense of CONTRACTOR 11.2 OSHA All Work, systems, equipment, materials and procedures of construction for the Work shall comply with applicable current standards of the Department of Labor Occupational Safety and Health Administration (OSHA). OWNER: �� CONTRACTOR: 13 Where a conflict exists between these standards and local codes and/or ordinances, and/or specific items called for on the Drawings or in the Specifications, the more stringent requirements OWNER - CONTRACTOR: 14 Shall govern. 11.3 Work Supervision. CONTRACTOR shall be responsible for the same English speaking superintendence on the job each day work is performed and for the life of the project. It shall be the responsibility of CONTRACTOR to check the Work to see that it is being furnished and installed in strict accordance with the Contract Documents. CONTRACTOR shall notify the OWNER if any discrepancies occur in any of the Work. 11.4 Parking and Storage. Vehicles associated with CONTRACTOR, or any of its employees shall be permitted to be parked on the premises. Workmen shall be required to park at locations designated by OWNER. Access routes required by the CONTRACTOR shall be maintained by CONTRACTOR. Materials and equipment furnished by CONTRACTOR shall be placed and/or stored, as not to interfere with access to the site or building. 11.5 Protection of Materials. CONTRACTOR shall be responsible for protection of its own materials and equipment from any damage or loss of any sort, including theft. Site access and storage shall be subject to OWNER'S approval. 11.6 Work Hours. CONTRACTOR shall restrict all noise related operations (as defined by owners representative, in his sole and exclusive discretion) required for the Work to the hours of 9:00 a.m. to 5:00 p.m. Monday through Saturday unless authorized by owners representative in writing. No noise related Work of any kind shall be permitted before or after these hours and no Work shall be performed on holidays unless authorized in writing by OWNER and/or OWNER'S ENGINEER. 11.7 Electrical Power and Water. OWNER shall make available to the CONTRACTOR required sources of electrical power and water. 11.8 Toilet Facilities. Toilet facilities for CONTRACTOR and its workmen shall be the responsibility of CONTRACTOR. The use of toilet facilities located within the Association buildings or Association recreation areas is prohibited. ARTICLE XII 12. Notices. Notices to the parties as provided herein shall be by certified mail, return receipt requested, to the addresses set forth in the first paragraph of this Contract. OWNER: (ALL SIGNATURES NEXT CONTRACTOR: PAGE) 15 WITNESSES: TURTLE REEF CONDOMINIUM I, Inc. '�o�� By: (( Sgture�of Wi�es�ry �� T. SCNQAD"C /L � I pc5/li Ch/ Printed Name of Printed Name of Witness WOTNESSES: Signature of Witness 7M.„: of Witness By: 16 Printed Name, Position Held BLUE COAST Construction Printed Na e, Position Held t/ Signature of Witness Printed Name of Witness OWNER - CONTRACTOR: 17