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HomeMy WebLinkAboutCONCRETE RESTORATION CONTRACTSCANNED BY St. Lucie County CONCRETE RESTORATION CONTRACT THIS CONTRACT is entered into this dell day of JqPrr I , 20jT by and between the ISLAND DUNES OCEANSIDE I CONDOMINIUM ASSOCIATION, INC. (hereinafter referred to as "OWNER") and SPECIAL FORCES RESTORATION & CONSTRUCTION, INC., a Florida corporation, (hereinafter referred to as "CONTRACTOR") whose address is 1235 NE Dixie Highway, Jensen Beach, FL 34995. 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 concrete restoration for the Island Dunes I condominium property in accordance with the Specifications/Scope of Work prepared by CSM ENGINEERING, LLC (hereinafter referred to as "ENGINEER") dated B407f Said Scope of Work and Specifications are incorporated herein through the attachments referenced in the following section. 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 8; b. General Conditions pages 9 through 13; C. Scope of Work, attached to this Contract as Exhibit "A". d. Bid Spreadsheet, attached to this Contract as Exhibit "B". e. Engineer Inspection 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 DS— Sacrificial Anode Specifications- - - Page 1 of 13 vi. Exhibit D.6 — Weather Wall and Hurricane Weather Wall Specification Drawings vii. Exhibit D.7 —Typical Balcony Shoring Details viii. Exhibit D.8 —Structural Inspection Details 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 of the Exhibits hereto. ARTICLE III 3. Contract Time. 3.1 Contract Time -Mobilization The starting date for on -site mobilization will be on or before May 15, 2017, or within five working days of the issuance of the permit, whichever is earlier. 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. 3.2 Contract Time — Completion. All Work shall be completed on or before November 15, 2017. 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 pursue the Work with adequate crews during the term of this Contract. Page 2 of 13 velayS Or oral"6LCrs Yer7a.ry .v v• �...H.. t'.." Plus Ion, ac, YiMal aU1170r zed M 61 L-„,y,.v-eer oF, bWgEe ry)ay result irf add,'¢I'alval tjme, 3.3 Delays and Damages. Failure to commence work by May 15, 3017 and/or to complete the Work on or before November 15, 2017 will cause the OWNER to assess the CONTRACTOR a sum of money, not as a penalty, but as fixed and liquidated damages, in the amount of Five Hundred and 0/100 Dollars ($500.00) per calendar day the Work is not commenced and/or completed. All such liquidated damage amounts, if any, shall be paid by CONTRACTOR to OWNER weekly, immediately upon each such failure of CONTRACTOR to comply with the completion date set forth above. In the event that CONTRACTOR fails to make any one or more of the payments to OWNER as required under this Article, OWNER shall have the right to deduct any and all such liquidated damages amounts from the next sequential payment and/or final payment due to Contractor. The imposition of this assessment shall be immediate upon CONTRACTOR's failure to commence or complete the Work and receipt of written notice from OWNER. Failure to commence or complete the Work on time shall be considered a default for the purposes of Article IX below, however, damages shall be assessed regardless of (and during) the fifteen -day cure period provided before such default constitutes cause for Termination of this Contract. Additionally, if such delays cause additional costs for which the OWNER becomes liable, the CONTRACTOR shall reimburse the OWNER for all of same. in the alternative, the 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. 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 Two Hundred Twenty Five, Six Hundred Seventy Eight and 0/100 Dollars ($225,678.00). 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. The parties further acknowledge that the final Contract Sum may be 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. Carpenter/Concrete Labor - $38.00 per hour b. Skilled labor - $32.00 per hour C. Unskilled labor - $28.00 per hour Page 3 of 13 d. Cleaning person - $20.00 per hour e. All other Equipment and Materials Not Referenced in Bid Spreadsheet —Cost plus 15% CONTRACTOR acknowledges and agrees that it will only be paid for actual Work performed and approved by ENGINEER with the consent of the 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 of the 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. Payment. 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. 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 II of the General Conditions. C. Payments and Retainages. 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 Page 4 of 13 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 of all 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 ofthe 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 only work on the property between 7:00 a.m. and 5:00 p.m. Monday through Friday. Weekend work maybe allowed at the discretion of the OWNER. Access to units will at no time be blocked between 5:00 p.m. and 7:00 a.m. 6.2 Inspection Plan. 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 as Exhibit "C". The parties further recognize that all references to either OWNER or ENGINEER contained in the Engineer Inspection Plan shall be deemed to include BREITENBACH ENGINEERING, INC., who has been retained by Owner as a Special Inspector for the purposes of this project. 6.3 Performance Bond. Prior to commencing any Work unde this ct, CONTRACTOR shansll obtain and provide OWNER with performance bo covering CONT OR'S obligations duties under the Contract Documents. Th nd shall cover one -hundred per t (100%) of the Contract Sum. The bond shall be issu y a fast -tier insurance company. OWNER V<be named as an insured party. The pe ance bond shall remain in place until the Work is coin . CONTRACTOR or ' ce company may not cancel the Performance Bond without serving a ' ' um si days written notice to OWNER. Should cancellation occur, CONTRACTOR ar mediateI provide additional surety in a form acceptable to OWNER at no addi . cost to O OWNER shall pay for the cost of the performance bond through to invoice. The parties unders and agree that this Contract is contingent upon the ' ance and maintenance of Performance Bond as t ed by this paragraph fy and failure of TRACTOR to comply with the requirements of this Article s e deemed a defaul shall be Cause for the termination of this Contract is provided for in Article is 6.4 Adverse Conditions Should adverse conditions such as severe storms or hurricanes be forecasted, CONTRACTOR shall take all necessary precautions to the extent Page 5 of 13 possible, and disassembling and securely securing scaffolding. All such precautionary tasks shall be done at the expense of CONTRACTOR. ARTICLE VH 7. Special Conditions Applicable 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. 7.2 OWNER shall provide CONTRACTOR, atno costto CONTRACTOR, an area to store equipment and material during the performance of the contract. ARTICLE VM 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, Bankruptcy 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 frames described above to the satisfaction of OWNERIENGINEER, 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. Page 6 of 13 ARTICLE XI 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, theirpartners, successors, assigns and legal representatives to the otherparty 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 of or related to this contract shall lie in St. Lucie County, Florida. 11.5 Waiver. Waiver by the OWNER of a breach of any provision of these 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: Island Dunes Oceanside I Condominium Association, Inc. 8880 S. Ocean Dr. Jensen Beach, Florida 34957 CONTRACTOR: Special Forces Restoration & Construction, hic. 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. (SIGNATURE PAGE TO FOLLOW) Page 7 of 13 WITNESSES: S' t�ye of Witness 7;1How$ Print d Na of Witness SiMturqo,fWi ess/ , Printed Namk of Witness WITNESSES: Printed Name of Witness OWNER: ISLAND DUNES OCEANSIDE I CONDOMINIUM ASSOCI)WON, IN a Florid�161-for-P fit Corporation CONTRACTOR: SPECIAL FORCES RESTORATION & CONSTRUCTION, INC. a Florida Corporation By: ' rC Its: Cwr [GENERAL CONDITIONS TO FOLLOW[ Page 8 of 13 GENERAL CONDITIONS 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 for the acts or omissions of his employees, subcontractors and their agents and employees, and other persons performing any of the work 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 CONTRACTOR warrants 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 thereof provided 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 other permits, _ 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 9 of 13 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 or rubbish 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 of application 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 of Ten 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 (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 the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whom acts any of them maybe liable. CONTRACTOR'S liability under the above indemnification shall be limited to one million dollars ($1,000,000.00) per occurrence. ARTICLE IV Page 10 of 13 4.1 Title. The CONTRACTOR warrants that title to all materials and equipment incorporated in the work shall pass to the OWNER upon direct payment by OWNER to the material supplier. The CONTRACTOR further warrants that title to all work covered 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 5. 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 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. 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 VH 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 VIH Page 11 of 13 8. Inspection. The OWNER and 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 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 Warranty, 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 warranties 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. Repair 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 12 of 13 WITNESSES: OWNER: ISLAND DUNES OCEANSIDE I CONDOMINIUM ASSOCIATION, C. a Florida or Its: rofit Corporation By: Its: r �� WITNESSES: CONTRACTOR: SPECIAL FORCES RESTORATION & CONSTRUCTION, INC. Printed Name of Witness a Flori4Corporation Page 13 of 13