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HomeMy WebLinkAboutAGREEMENTSCANNED AGREEMENT 13Y BETWEEN OWNER AND CONTRACTOR St. LUCie COLIntv FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between Barclay Beach Club Condo�niniurn Association, Inc. ("Owner") and Data Construction, Inc. ("Contractor"). Owner and Contractor hereby agree as follows: ARTICLE I - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: ARTICLE 2 - THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Repair concrete carports including ceiling, beams and columns. 2.02 The contractor shall include in the Work, as follows: Perform concrete restoration process per ICRI (international Concrete Restoration Institute) on the ceiling, beams and columns of the carport structures. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by MI3V Engineering, Inc. under project number 16-0001. 3.02 The Owner has retained MBV Engineering, Inc. ("Engineer) to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. 3.03 The Owner has retained hM!BVK E -EggjnggE!ng (Engineer) to act as the Manager, to oversee the project and report to the Board on a regular basis and act as a liaison between the Board and the Contractor for the duration of the project. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract- 4.02 Contract Times: Dotes A. The Work will be substantially completed on or before 16 weeks after the permit issuance date, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before 17 weeks after the permit issuance date. EJCDC- C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies and American Society of CiVil Engineers. All rights reserved. Page I of 8 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not compfeted on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $500 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $250 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 4.04 Special Damages A. in addition to the amount provided for liquidated damages, Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor's failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item): Unit Price Work Item Estimated Uni Extended Description I Unit No. Quantity Price Price 1 Mobilization & Permitting LS 1 $3,500.00 $ 3,500.00 EJCDCO C-520, Agreement Serween Owner and Contractor for Construction Contract (Stipulated Price). Copyright 9 2013 National Society of Professional Engine ers, American Council of Engineering Companies, and Americut Society of Civil Engineers. All rights reserved. Page 2 of 8 I Unit Price Work Item No. Description Unit Price Extended Price 2 Demobilization and Clean Up $2,500.00 $ 2,500.00 1-3 1 CQ4t Of Bond I.-S -1 $6,350.9 DIRECTCOS ITEMS 4 Beam Repair— less than 8" deep CP 19 $ 294.75 $ 5,600.25 5 Slab Repair — Full Depth 8" thick SF TBD $ 85.06 $ 6 Slab Repair — Edge Repair LF 2 $ 56.71 $ 113.42 7 Slab Repair— Overhead spall repair SF 509 $ 95.37 $ 48,543.33 8 Column Repair— Less than 12' deep CF 70 $ 265.27 $ 18,568.90 9 Previous Slab Slope Correction SF TBD $ 18.54 $ 10 Coating Removal SF 10610 $ 2.65 $ 28,116.50 11 Waterproofing System SF 10610 $ 3.87 $ 41,060.70 12 Stucco at Ceiling SF 323 $ 16.25 $ 5,248.7S 13 Rust Spots Ea. 3 $ 41.23 $ 123.69 14 Crack Repairs —Overhead Injections LF 2 $ 16.25 $ 32.50 DIRECT COSTS TOTAL $147,408.04 TOTALCOST $IPIZ59.04 TOTALCOST $153,408.04 The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. B. Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price adjustment) $ 153 �408.04_ C. A 20% deposit in the amount of $30,681.61 priorto commencement of project. D. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage EJCDC4 C-520, Agreerrient Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright 0 2013 National Society of Professional Engineers, Arnericzin Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 8 A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on a bi-weekly basis during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and I,-, the case a' Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 90 percent of Work completed (with the balance being retainage). As long as the character and progress ' of the Work remain satisfactory to Owner's Site Representative and Engineer, there will be no additional retainage; and B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer's estimate of the value of work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15,06. ARTICLE 7 - INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of 5 percent per annum. ARTICLE 3 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents, B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. EJCDC� C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright @ 2013 National Society of Professional Engineers. Am erican Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 8 D. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site -related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and (3) Contractor's safety precautions and programs. E. Based an the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. F. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. G. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. H. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the work required by the Contract Documents. J_ Contractor is responsible for its employees, and subcontractor's employees. Employees must be clearly identifiable, and be registered with the Owner's Representative. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement L7 pages). 2� General Conditions (63 pages). 3. Supplementary Conditions (I pages). 4. Specifications as listed in the table of contents of the Project Manual. 5. Drawings (not attached but incorporated by reference) consisting of 19 sheets with each sheet bearing the following general title: Barclay Beach Club structural inspections 6. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (a pages). b. Contractor's Pricing Sheet (I page). EJCD0 C-520,Agreem ant Between Owner and Contractor for Construct! On Contract (Stipulated Price). Copyright 9) 2013 National Society Of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 8 7. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. C. Change Orders. d. Field Orders. e. Lien Waiver. f. Contractor's Daily Force Report B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors andAssigns A. Ownerand Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severubility A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractoi�s Certifications EJCDC* C-520, Agreement Betwe,en Owner and Contractor for Construction Contract (Stipulated Price). Copyright @ 2013 National Society of Profmional Engineers, American Council of Engineering Companies, and Amer' can Society of Civil Engineers. All rights resemed. Page 6 of 8 A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without tile knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. 'coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation In the bidding process or affect the execution of the Contract. 10.06 contractor's certifications A. Owner and Contractor each have agreed to waive the bond requirements as outlined in Section 6.01 of the General Conditions contained in the Contract Documents. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on (which is the Effective Date of the Contract). OWNER: By: Title: Attes Title: Address forgiving notices: I 'ed CONTRACTOR: ;1,A'T L ( u,-C,71 i AC, BY: J, :�c- Title: �IooEy� (if Contractor is a corporation, a partnership, or a joint venture, attached evidence of authority to shinj Attest: Title: -5- r— Address forziyi�g tices'. 5:; - I?, ri, EA J, C- "Y EJCDC' C-520, Agreement aetw�en Owner and Contractor for Construction Contract (Stipulated Price). Copyright (D 2013 National society of Professional Engineem, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 ofS License No.: EJCDC* C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright @ 2013 National Society of Professional Engineer5, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 8