HomeMy WebLinkAboutSUB-CONTRACT AGREEMENT�"` RgceNEo
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SCANNED
RICHARD K. DAVIS CONSTRUCTION CORPORATION me
BY 4205 Metzger Road, P. O. Box 186, Fort Pierce,, 34954 Phone (772) 461 8335 t�ttt o90 G l
St. Lucie County Ve st w
SUB -CONTRACT AGREEMENT
THIS SUB -CONTRACT AGREEMENT (hereinafter "Agreemenr) is entered into by and between RICHARD K. DAVIS CONSTRUCTION CORPORATION,
a Florida corporation, (hereinafter 'Contractor) and THE PORCH FACTORY, LLC., (hereinafter'Subcontractoe), and becomes effective when the last one of
the Contractor and Subcontractor has signed this Agreement:
A. Project. Contractor is the 'General Contractor" for the construction of improvements more specifically
B.Missionary Flights International' Recreational Vehicle Park Phase 2, having a street address o163 Hammond Road. follows:
Pierce, Florida 34946,
"P Plans andSpecifications.laps dSedCopies of the plans, drawings and specifications for the 'Project' shall be kept at the offices of the Contractor and/or at the
"Project". The 'Plans Spedfirations" areIdentifiedas follows andareincoryorated herein by reference:
Design Professionals:
EDC Engineers and Surveyors-, Drawings:
Claren Architecture+ Design, IncJJones $, Conde, LLC Civil -sheets 1 -15 of 15 02118119
Claren Architecture+ Design, Inc. Site Electrical sheets SE-1 —SE-2 of 2 10104/18
Winder Engineering Architectural sheets CS — A-9 of 20 02/06119
Jones d Conde, LLC Structural sheets S-1-8.6 of,a '02106119
40nes,8, Conde, LLC Plumbing sheetsP•1 — P-3 of 3 02/06/19
Jones S Conde, LLC Electrical sheets E•1 — E-4 of 02/06119
C. Scope of Work. The subcontractor shalt be responsible for furnishing the material, labor and equipment necessary to complete the 0/19
tite'PmJed In accordance with the plans and Spec flcations': ALUMINUM FRAMED SCREEN ENCLOSURE w th additional scope of services as defined.in
the subcontractor's proposal{ dated 04/11l19, following portion of
D. Comt shall
Sum. Consideration $39 of full performance by Subcontractor of Ore -Scope of Work' and for performance of all of the terms and conditions of this
'Agreement, shall be the sum of 539,170:00 (Thirty-nine thousand one hundred seventy dollars and zero terns)
NOW THEREFORE, fe consideration of the "Contract Sum' set -forth hereinabove and in further consideration of the mutuahcovenants contained herein, the
-parties hereto agree as follows:
1i Cohtlruetion. The Subcontractor shall be responsible for construction and completion of the "Scope of Work' in accordance with the 'Plans and
Specifications' and upon the following terms and.condllons:
a. Unless ctherwiso specifically noted; the Subcontractor shall provide and;pay for all labor, materials, equipment, tools, machinery, transportation, and
other faGticies and services necessary for the proper completion of the 'Scope of Work',,
b. All materials antl equipment incorporated into the Subcontractors. "Scope of Work' shall be new unless otherwise specified, and all work will be
perfbrmdd in a workmanlike manner add Will be of good quality,
e. The Sure uir shell pay alCsales tax, FICA and On
wise
and as otherwise required bylaw: compensation fazes upon the material and labor furnished under this Agreement
d. The Subcontractor shall keep the premises free from acournulation of waste materials or rubbish caused by its operations. At the completion of the
Suhcontractors.'Scope of Work', it shall remove all of its waste materials and rubbish from and about the "Project as well as its tools, equipment,
machinery and surplus materials.
e. The Subcontractor shaltahide by,all rules, regulations and directives Promulgated by O;S.HA;
f Wertz on Sunday is prohibited:except under extenuating circumstances and with the prior approval of the. Contractor.
g. The Subcontractors field representatives shall be knowledgeable about the Subcontractors scope of work and the proposed work schedule:.The
Subcontractor shall Ile responsible to manage their wont to abide by the contract agreement, coordinate with other tradesmen and the contractor as a
partner In meeting scheduledtiriie constraints and provide skilled tradesmen for aproper and quality performance of their work..
2 7lme. of Commencement and CangIMr The Subcontractor shall commence work at such time (hereinafter "Commencement Date', and in such
sequence, as directed by the Contractor In accordance with the Contractor's schedule (which schedule Ls subject to change as condlions require). The wont
shall be ages incurred
(hereinafterthCCompotiou Dated In accordance with the Contractor's schedule. The Subcontractor shall be liable to Contractor for all losses
and damages incurred penalties
the Contractor due toted cusebts delay of the Subcontractor in the completion of the work, including delay costs not reimbursable
from the Owner. Sold penalties shag be deducted from the "Contract Sum" If the aggregate penalties exceed the amount of the remaining undisbursed
'Contract Sum' then the Subconfracfarshall pay the difference to the Contractor. Time -Is of the essence.
3. DlsGosu_ m o_ f_ D__facts. Prior to commencement, the Subcontractor shall inspect the 'Project" and shall disclose to Contractor in writing any defects and
conditions observed; or otherwise known to Subcontractor, which would adversely affect the quality of the Subcontractor's work or interfere with the
Subcontrectbrs ability to perform in a timely fashion and in accordance with the 'Plans and Specifications". Failure to make such disclosure in writing prior to
conunenremem shall constitute full waiver by the Subcontractor of any reliance upon the defect or condition as a defense to any claim, cause Of action or
Penalty arising against the Subcontractor under this Agreement.,.
4. Change Orders. No change or deviation shall be made with respect to the Subcontractor's "Scope of Work" except in accordance with a written 'Change
Order" agreed upon in advance and executed by the Contractor and the Subcontractor. The Subcontractor shall not be entitled to any payment fo
work, materials or changes without such fully executed Change Order. r additional
5. In 'ran e• Prior to commencement of work, the Subcontractor shall deposit Cart�wtes of Insurance with the Contractor evidencing the following
coverage and limits of liability: types of
a. Commercial General Liability Policy (hereinafter "CGL") with limits of Insurance of not less than $1.000.000 each occurrence and $1.000.000
Annual Aggregate. If the CGL coverage contains a General Aggregate Limit, such General Aggregate. shall apply separately each project—CGL
1ol'2
coverage shall cover liability arising- from premises, operations, independent contractors, products -completed operations, and personal injury. The
Subcontractor shall maintain the CGL coverage for the duration of the "Project" and thereafter maintain Completed Operations coverage for at least one
year (12 months) after completionof the wark,
b. Business Automobile Liability Policy with limits of insurance of not less than $500,000 each accident. The policy must Include coverage for liability
arising Out of all owned, leased, hired and non -owned vehicles.
q. Workers Compensation and Employer's Liability Policies with Employer's Liability Insurance limits of at least $100,000 each accident for bodily
injury, $500,000 disease policy limit, and $100,000 each employee for injury by disease.
The policies of insurance shall (I) require the insurance company to provide Contractor with at least thirty (30) days written notice before such policy is altered or
canceled in any manner; (ti) shall include a standard waiver of subrogation clause against the Contractor, Owner of the 'Project" and architect; (in) shall be
issued by companies, associations or organizations having a current rating. of not less than 'A" as rated by A.M. Best Company, (iv) shall Include the Contractor
and Owner of the 'Project' as additional Insured, (v) shall apply as Primary Insurance before any Insurance or self-insurance (including any deductible)
maintained by, or provided to the Contractor and/or Owner of the "Project", and (vi) provide that coverage is on an "occurrence basis' as opposed to a 'claims
made' basis,. Subcontractor waives all rights against Contractor, Owner of "Project' and Architect and their agents, officers, directors and employees for
recovery of damages to the extent these damages are covered under the policies of insurance. If Subcontractor shall fail to maintain any insurance as required
by this Agreement, then the same shall constitute a default under this Agreement and Subcontractor shall be liable for any and all dawns or damages which
would otherwise.be covered under such policies of insurance.
6, Indemnification. Subcontractor agrees to indemnify and hold Contractor harmless from and against any and all damages, losses, actions, causes of
action and claims of whatsoever kind and nature which might be asserted against or suffered b
of Subcontractor under this Agreement, specifically -including, but not limited to, those damages arising from accidents and occurrences occasioned by, or
y) Contractor by reason of the performance or non-performance
contributed to, the negligence, sole or concurrent to any degree, of the Subcontractor, its sub -subcontractors, agents, servants or employees. Subcontractor
shall further indemnify and hold Contractor harmless from any and all expenses arising from Contractor's investigation of said accdents and occurences; and
any claims resulting there any
a Subcontractor shall defend all suits brought against the Contractor an account of any such accidents is occurrences and shall
reimburse Contractor for any and all expenses of defending said suits, including reasonable attorneys fees: Subcentrector ucagrees that indemOccurrences
anobligations
shall
herein are clear arid unambiguous, that one percent ply of the 'Contract Sum' constitutes specific and vaiid'consideration payable to Subcontractor for the
Indemnity obligations, arid'that Subcontractor shall comply in all respects with Florida Statutes'§725.06.
7. :_Payment of Contract Sum, The Subcontractor shall submit an application for payment for all work performed and materials supplied (with a 10 %% held.for
retainage).by. the 2$ da of the month If the Subcontractor is to be included In that month's or
�: Y
of Application prescribed by the Contractor and the submitted Application shall be accompanied by a) rope drawrly request. The Subcontractor shall utilize the farm
through the date of submission). Both the Application and the Partial Release of Lien shall contain the original completed
gnatuee of the Release
t Of
authorized
officer or (effective
agent. No facsimiles s shall be accepted. Payment shall he made on. or about the 26th day of the month following the timely submission of the
Application and PaPayrriReleasetun a Lien. The Subcontractor must submit a properly completed end executed Final Application for payment and Final Release of
Lien prior to final iraYment ;under this. Agreement. Upon request, the Subcontractor shall also provide an affidavit stating that all sub -subcontractors and
raatenalmen have been ,paid in. full as a prerequisite to final payment. Final Payment shall be subject to Contractor's foil satisfaction and acceptance of
Subcontractors wank and, if found to be satisfactory and acceptecle, shall be paid on or about the 26th day of the month follovng the timely submission of the
required Rams. All paymenta.are conditioned upon receipt by Contractor of full payment from Owner (Including retainage).
8. MMealianeous.
a: A", the pre Fees: a It becomes necessary for either party to obtain the services of an agomey to enforce the provisions herein or relating to the
*Project", .the prevailingpartyshalPbe entitled to collect from the other party reasonable attamey's fees and all costs Incurred, whether or not litigation is
necessary and Including 211 appeals;
b. AoLsIgnment: This Agreement shall not be assigned by the Subcontractor without the'pnor written consent of the Con or, which consent
may be withheld at the sole discretion of the Contractor.
c,. Mteroietatlon: This Agreement has been submitted to the scrutiny of each party hereto and each party has had opportunity to have it reviewed by
legal counsel. This Agreement shall be given fair and reasonable Interpretation in accordance with the words used herein without consideration or weight
being.gfvee to its having been drafted by either party hereto or theft respective legal counsel.
d. .Countaroartc: This Agreement may be executed in two or more counterparts, each of which shall be, and shall be taken tobe, an original, and all
collectively deemed one instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement.
"CONTRACTOR"
RICHARD K. DAVIS CONSTRUCTION 'SUBCONTRACTOR"
CORPORATII�OO,N,,,a_`Florida corporation THE PORCH FACTORY, LLC.
Print Name;_ Douglas Davis
int
tame:,_
Print TNeI;_.President
t7 21 I Title.: _ -}may per; r.l p �T, —•
Date:_ ... T
.. .. .. Date:.L�..
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