HomeMy WebLinkAboutCONTRACT.V-C'4
(CON7RACY
John D. Purdv General Comr-acm-
State Certified License # CG C 037567
I
..00. Box 650994,
Vero Beach, Florida 32965
Phone: (772) 473-5242
SCANNED
BY
St. Lucie Countv
-9VI-506 - 05.2,6
This agreement executed this 13 day of October, 2015, bv and between John D.
Purdy& Co. Inc., hereinafter called the Contractor. and-:
Name: BarMer LLC, (Steven Barnes and Gary Mercado, Co- Owners)
Address of Proiect: 3988 Kings Hwy, Ft. Pierce, St Lucie County. Florida 32951
Hereinafter called the Ownerior consideration described herein 'an'd mutual covenants set
forth herein.
Parties agree to the folioAqRQ:
The Contractor will supervise and coordinate all work d6cribed as follows:
A minor demolition and renovation of the interior of the business location designated as
�.'ue Collar Dog Training Facility, in compliance with all designated local, state and
D,
federal codes as prescribed by the St Lucie County Building Department.
The estimated cost of this contract is $ 26, 645.00 for the construction work, plus a fee of
$ 4000.00 for the Contractor coming to the total cost of S 30fi45.00.
Fhe ContractWs fee will be paid in draws as follow:
The amount of $ " 2000.00 dollars will be paid upon execution of this contract. The
remaining balance will be split in two draws: The amount of $1500.00 dollars at
time of the passing of the "WD-011t" inspection for the Mechanical sub -contractors.
The balance of 500.00 will be paid upon passing of the final inspection on the
property. This fee is the Contractors fee for Supervisory capacity only and does not
include any Governing Authority fees required to obtain the permit, surveys or other
expenditures required throughout the construction process.
Invoices will be submitted to the owner as the job progresses and work is completea,
Payment is due and payable at time of receipt of all invoices.
The Cont6wtor resei��es the right to cease work on the project in the event payments
to subcontractors, vendors and thd Contractor are not made in a timely mianner. In
this event work will not resume until Owner provides all payments due and proves
ability to continue to pay future invoices. Contractor will exercise his right to lien the
property in the event of non-payment. io' t
Page 2
1. luontractor agrees to act in the capacity of Supervisory/Primary Contractor and
,viii oversee ail work performed on the site. The Contractor will be the person to
whom any subcontractors on the same job are responsible to.
2. The Contractor agrees to supervise all woric on the project, and to complete The
project in as prompt a manner as conditions permit. The Contractor reserves the
right to hire at his discretion, any responsible and properly licensed subcontractor
to accomplish this goal. Exact completion dates are impossible to predict at this
time; therefore the Contractor offers no specific date of'completion-.
Commencement of thejob will begin on the date the Contractor receives the
executed contract and the Permit from St Lucie County Building Department.
The Contractor agrees to perform in a professional and responsible -manner to
complete the project as swiftly as possible.
3. The Owner agrees to carry all fire, tornado/hurricane, theft, vandalism, property
damage, flood and liability insurance (Owner's Policy), and shall hold harmless
the Contractor from any acts of God and will also show the Contractor as insured
for any interests they may have for the Real Property improvements. Theft and
vandalism to the property, the site, or the structure/project durirm construction
must be covered by the Owner's Policy.
4. 1he Owner understands and agrees to be responsible for all arrangements of
disconnection of utilities deemed necessary and any fees charged for this process.
5. The Owner understands that all surveys. or documents (unity of titie, deeds, (etc.;
required by local governing bodies shall be provided at the expense of the Owner.
and given to the Contractor during the permitting phase of thisproject or as
required.
6. The Owner of this property is responsible for any obstruction (trees, fences,
culvert pipes, etc.) to the ingress of the property. The utility (clectricai. sewer.
water. drainage) right of ways, or right of way of any other local or State entiry
located on the property shall not be encroached upon and the owner accepts
responsibility for maintaining the areas of right of way and easements on the
property -
The Owner understands that as the owner of the property. they are liable and
responsible for any repairs to roadways located infi�ont of the property that may
be damaged during the construction process. All efforts will be made'to minimize
any damage to roadways during construction; however, due to the weight of
deliver ' y vehicles, from time to time damage does occur. The Owner agrees to
assume the cost for the repairs of roadways, and holds the Contractor harmless of
any damage to the roadways during the construction process.
CONYRACT
S. Due to inabilitv to determine the quality of workmanship. and the Dossible resuit
of del . ays in the construction of this project, NO "Sweat 'Equity" will be allowed
nis construction site. 1 he Owner agrees that no labor shall be orovided on this
construction Droiect without eXDreSS Dr oof beina given to the Coniractor that the
person is duly licensed, insured, and in compliance with all occupational licensing
entities Tor the State of Florida and St Lucie Counrv.
9. NO STRUCTURAL changes will be made to the buildings during this
renovation project which have not been designated on the blueprints submitted to
the St Lucie County Building Department.
10. ' Contractor shall not be liable ibr anv delav due to circumstances bevond hic
control, including strikes. casualty or general unavailabilitv of materials. acts of
God, inclement weather conditions, or National Security threat, which may dela-,
shivitiem of Roods to the area.
11. DEFAULT OR CANCELLATION: In the event the Owner cancels or defaults,
or breaches this a2reement after the start of the Project of construction. the Owner
agrees to pay the �ontractor for the cost of all p -
ex crises incurred on behalf of the
Owner, for the benefit of the Owner, or made ne c*essary by the Owner, and a
service char2e of S 500-00 (five hundred dollars) to the Contractor for time
consumed in preparation to engage in the commercial project and administrative
costs. The Owner understand�tllt if the contract is terminated or breached by the
Owner anv monies Daid to the Contractor at the time of termination or breach will
not be ref�nded.
i2. INTENT TO CURE
Florida Law contains important requirements Owner must follow before filing a
law suit against a contractor, subcontractor, supplier, or design professional for an
alleged construction defect in your building. Sixty (60.) days before an Own-,
files a lawsuit, a written notice of any construction conditions vou aHeQe are
defective must be delivered to the Contractor, Subcontractor, Supplier, or Design
Professional and the Contractor, Subcontractor. Supplier or Design Professional
must be eiven the opportunitv to insvect the alleged construction defects and
make an offer to repair or pay for the alleged construction defects. Ile Owner is
not obligated to accept any offer made by t he Contractor. - Subcontractor. SUDDiier.
or Desien Professional. There are strict deadlines and procedures under'Flo'rida
Law, and failure to follow them may affect your ability to file a lawsuit.
13. DISPUTE SETTLEMENT
All disDutes hereunder shall be resolved bv binding arbitration in accordance with
rules oi the American Arbitration Association. Owner understands that should a
dispute be settled in favor of the Contractor, all iegai fees. fines. and costs ior
documentation filing, or documentation will be paid for by the Owner, in full,
within 15 days of settlement, to compensate the Contractor for the inconvenience
and time.
k1WA
W01 ti I
Page 4
�j ! E F-GREW
�hould conditions be encountered that prevent the Contractor liorn performina work
through simple access to Owner's site, then the Contractor will notify the Owner of such
conditions in writiniz with an estimate of additional cost. if kn01A71. and determi nabie to
alleviate the problem. Owner understands that the Contractor must be able to reach the
building site with equipment and supply trucks, and that if any consequent damage is
done. short of neglitzent action. it is the reSDonsibility of the Owner to bear any extiense
that may be required by the appropriate governing authority or community aut-hori-ty.
Should a governing authority require the Contractor to repair any road adjacent to
Owner's property, the Owner agrees to bear the expense for any cost incurred, in that ft is
implicit that the Contractor must egress the property.
1IIIS IS A LEGAL AIND HINDIAG CONTRAUTTItATGIVES YOU SPECIFIC
RIGHTS AND RESPONSIBILITIES. IF THERE IS ANY PART YOU ARE
UNSURE OF OR DO NOT FULLY UNDERSTAND YOU SHOULD SEEK THE
ADVICE OF A COMPETENT LEGAL COUNSEL BEFORE EXECUTING THIS
DOCUMENT.
4CENOWLEDGEMENTS OF THIS DOCUMENT
The foregoing instrument was acknowledged before me this 6�22 day of, Qctober, 2015
by John D. Purdy who is persQaally laiewn ta-me. A'
?Ore dtle&Cl -71-/A- 63�— 111C
f Florid�a
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My Nc io!nexpoires..
I
am]
RECEIVEn
OCT 2 3 2015
Page 5
Owner's Acknowledgement:
Co -Owner, Gary Mercado
S Siaie 01T, ,
Countv or
I
�,,reanina i . nstrumeni was acKnowieclaed betbre me this 13davof 0'-',T— _-,015
GAW 4eTCA;P0 i�lrhe is nersonaltv known. or who has Provided identification
KIM D. LENOIR
0
Notary Public - State of Florida
pr 26 . 201 7
My Comm. Expires Apr 26, 2017
88 1 9
Commission # EE 882179