HomeMy WebLinkAbout1992 - Pro Shop RenovationC RIS RUCPIC H AGREEMa7P
THIS AGREEMENT is made. this 16 th day of September . 1992.
by and between the City of Sebastian, a Florida Municipal Corporation
(hereinafter referred to as the "City") and Art Krieger Construction
(hereinafter referred to a., the "Contractor").
The parties to this Agreement, in consideration of the mutual
ronvenants and agreements herein contained and of the payments herein-
after provided to be made by the City to the Contractor, agree to the
terms that follow:
1. Scope of Work,., The Contractor shall perform all of the
work required by the Contract Documents for renovation of the Golf Course
rro-Shop. Agreement with the drawings, plans, specifications, exhibits
and addenda attached hereto shall constitute the Contract Documents.
The Contractor agrees to furnish all materials, labor, permits and
services necessary to complete construction in accordance with the
Contract Documents.
2. Time of Completion.
(a) The Contractor shall commence work on the Project on or
before thirty (30) days after issuance of permits. The Contractor shall
;apply for all necessary permits for construction within ten (10) days from
the date of acceptance of this Agreement by the City. Said acceptance
S.
shall deemed to have occurred as of the date this Agreement is signed by
the City's authorized representative.
(b) Completion of the Project shall be achieved not
later than one hundred (120) days from the date of commencement
of the work to be performed under the terms of this Agreement.
The Contractor shall notify the City, in writing, of the date
when the work to be performed is commenced under the terms of
this Agreement. For each day after the completion date described
above that the Project is not completed, the parties agree that
the City shall be entitled to liquidate damages of sixty dollars
($60.00) per day from the Contractor which amount shall either be
deducted from the final payment due the Contractor or paid by the
Contractor upon demand by the City.
3. Contract Price and Payments. The City shall pay to the
Contractor the total sum of twenty seven thousand four hundred
and fifty seven dollars ($27,457.00) (the "Contract Price"), in
accordance with -the ' dram scheduiti:1 (dttached heret6,-T', $itiiii3�t "
PA")isubject to additions, deductions, and adjustments as herein
provided, in full and complete compensation for all work
performed and all things furnished hereunder. The cost of all
permits and impact fees are included in the Contract Price. The
City reserves the right to make payment directly to the
Contractor's subcontractors, suppliers and materialmen in the
event a lien is claimed against the Project. A release of lien
shall be provided to the City from any person giving notice to
the City prior to the future payment by the City to the Contractor.
4. Changes, The City may order changes in work at any
time before completion of the Project by the Contractor. Such
E
changes in the work shall bd authorized by written change order
aignad by the city'd authorized representative and the contractor.
The Contractor shall not be entitled to, nor shall it receive, any
Increase or upward adjustments in the Contract price unless said
amount and liability are acknowledged, in the change order, by the
city's authorized representative, which repredehtative trust have
written authority for such acts, otherwise, contractor shall
proceed at its own risk and expense. No alteration, addition,
omission, or change shall be made in the work, or the method or
manner of performance of game, except upon the written change order
of the City. change orders are subject to the terms of this
Agreement.
g, haws. RectU-1atiohs. eto. All work, labor, services and
materials to be furnished, supplied, or performed by the contractor
must strictly comply with all Federal, state, Local Municipal, as
well as any and all other governing jurisdictions and authoritiea,
laws, rules, regulations, statutes, ordinances, acts, orders and
directives (herein together designated ad "laws"). contractor
acknowledges that certain laws and or may be expressly recited in
the contract Documents and contractor shall adhere to and comply
strictly with all said lawd. All,, work, labor, aervices, or
material, in addition to that' specifically required by this
Agreement; but necessary to fully comply with laid laws, will be
furnished by the contractor ad part of thiel Agreement and without
any additional compensation. If the contractor discovers or should
have discovered any variance between the Contract Documents and any
of the governing laws, contractor shell be responsible for properly
notifying the City, in writing, and to make necessary changes
before proceeding with construction of the Project. contractor
agrees to defend, indemnify and sava the city harmless from and
against any and all claims, loss, liability, or expense caused or
occasion directly or indirectly by its failure to fully comply with
the provisions of this paragraph.
6. pefaul•ti Remedies,
(a) The Contractor shall be in default under this
Agreement if,in the judgment of the City, the contractor!
(1) fails at any time to supply enough properly
skilled workmen or materials, tools, equipment, facilities, and
supplies of the proper quantity;
(2) fails in any respect to prosecute the work with
promptness and diligence;
(3) fails to make prompt payment to its
subcontractors, materialmen, or suppliers;
(4) fails to perform in strict compliance with the
Agreement, where or as the City shay so direct;
(5) becomes insolvent# unabla to or fails to pay
Its obligations as they mature; t
(6) fails, in any respect, in the opinion of the
city, to properly prosecute and perform any part of its work on the
Project;
(7)
fails to
exert its best performance
efforts;
(8)
becomes
involved in labor disputes;
or
(9) is terminated under any other contract with
the city (any one of which itself constitutes a default).
(b) If, within three (3) days after receipt of written
notice from the city, the Contractor fails to remedy any such
default, the City may, in any such event, but without prejudice to
other remedies it might have, either terminate this Agreement or
exclude the Contractor and its employees, subcontractors, and
agents from the Project without terminating this Agreement. The
city, having exercised either of the above elections, may enter the
premises and take possession of and use in completion of the
Project all materials, tools, equipment, facilities, and supplies
thereon, and may finish the work with ita owit forces and may
provide the necessary labor and additional Materials, tools,
equipment, facilities and supplies for finishing the work, or the
city may employ any other person or persona to finish the Project.
(c) The contractor shall not be entitled, in any such
event, to receive any further payments which have accrued or been
approved fo'r payment, until the contractor's work on the Project
has been finished. It the Contract Price exceeds the cost and
expense of finishing the Project, plus any damage incurred through
default of Contractor (including attorneys' fees), such excess
shall be paid by the City to the Contractor; but, if such cost,
expense, -and damage shall exceed such unpaid balance of the
Contract Price, the Contractor shall be liable for and shall pay
such excess to the City upon demand. Any unexpended materials,
tools, equipment, facilities, and supplies furnished by the
5
contractor for the Project will be applied, at the discretion of
the city, to any balance owed to the City by the Contractor, and
the remainder, if any, will be returned to the contractor following
completion of the Project. The cost and expense of completing the
Project, as herein provided, and any damage incurred through
default of tha Contractor, including attorney'a fees, shall be
audited and certified by the city's authoritad representative,
whose certificate thereof shall be final and binding upon the
parties hereto.
(d) In the event the city fails to make a required
payment for a period of thirty (30) days, the contractor may, upon
seven (7) additional days written to the City, terminate the
Agreement and recover from the city payment for labor and materials
furnished up to the data of the city's receipt of written notice
of termination and for specifically fabricated materials for the
Project. The city shall have no liability to the Contractor for
lost profits, or consequential or incidental damages due to such
termination. In no dvant will the City be liable to the contractor
for payments not received by the contractor from the City.
7. water deryidel. The City agreed to provide temporary
water services at the job site for the contractor's use.
8. Insurance. The contractor shall purchase from and
maintain -in a company or companies lawfully authorised to do
business in Florida comprehensive general liability insurance,
including self-protection and contractual liability insurance, with
aggregate limits of not less than one Million and oo/loo Dollars
6
($1,000,000.00) for protection from claims for damages because of
bodily injury, including death, and from Claims for damages to
property, which may arise out of or result from the contractor's
operations under the Agreement, whether such operations be by the
contractor or by a subcontractor or anyone directly or indirectly
employed by any of them. Such insurance shAll include contractual
liability insurance applicable to the contractor's obligations
under Paragraph lo. Certificates of such insurance shall be filed
with the city prior to the contractor's commencement of work on the
Project.
9. Warranties. The contractor warrants to the city that
materials and equipment furnished under the Agreement will be of
good quality and hew unless otherwise required or parmitted by the
contract Documents, that all work performed on the Project will be
free from defects not inherent in the quality required or permitted
and that the work will Conform with the requirements of the
contract Documents. Work not conforming to these requirements,
Including substitutions not properly approved and authorized, may
be considered defective. If required by thA city, the contractor
shall furnish aatisfaetory evidence as to the kind and quality of
materials and equipment. f.
10. indemnification. To the fullest extent permitted by law,
the contractor shall defend, indemnify and hold harmless the city
from and against claims, damages, losses and expenses, including
but not limited to attorney's fees, arising out of or resulting
from the performance by the contractor, or its employees, agents
7
or subcontractors, of the Contractor's obligations under the
Agreement, regardless of whether such Claim, damage, loss or
expense is caused in part by the City.
11. Time. Tile limits stated in the Contract Documents are
the essence of the Agreement. By executing the Agreement, the
contractor confirms that the time limits contained herein are
reasonable.
12. ces. Any notice or Communication hereunder shall be
In writing and shall be deemed given and delivdred by one party to
the other party it personally delivered or if it is addressed and
mailed in a depository under the exclusive control of the United
States Postal Service, postage prepaid, certified mail, return
receipt requested, to the hereinafter dedignated address (or at
such other address for a party as shall be apecitied by like
notice):
If to Contractor: Art Krieger Construction
5070 N. AIA Suite 210
Vero Beach, F1 32960
With a copy to:
If to City: City of Sebadtian
Attn: City Manager
P.O. Box 780127
Sebastian, FL 32978
With a copy to: Charles Iar: Hash, Esq.
Frese, Hash & Torpy, P.A.
93o S. Harbor City Boulevard
Suite 505
Melbourne, FL 32901
13, Binding of Fact. This Agreement shall be binding upon,
and shall inure to the benefit of, the parties hereto and their
a
(10
successors, heirs, estates, trustees,
permitted assigns.
legal representatives and
14. Entire Agreement. Except a9 specifically stated herein,
this Agreement constitutes the entire agreement between the parties
and supersedes All agreements, representations, warranties,
statements, promises and understandings relating to tha subject
matter df this Agreement not specifically net forth in this
Agreement. Neither party has in Any way relied, nor shall in any
way rely, upon any oral or written agteementa, representations,
warranties, statements, promises or understandings relating to the
subject matter of this Agreement and which are not specifically set
forth in this Agreement.
15. Modification. Neither this Agreement nor any term hereof
may be modified, changed, waived, discharged or ter-Minated orally,
but only by an instrument in writing signed by the party against
whom enforcement of the change, waiver, discharge or termination
is, sought.
16. Attorneys' Fees. Should any action be initiated arising
from this Agreement or the relationship between the parties created
hereunder, to interpret this Agreement, to enforce thin Agreement,
or to cause the recision of this Agreement, the prevailing party
shall be entitled to recovdry of reasonable attorney's fees and
costa in such an action.
17. Governing Law. This Agreement shall be governed by the
laws of the State of Florida. venue in Any Action arising here
from shall He exclusively in Indian River County, Florida.
9
IN WITHHOd WHOa180to the partiea heratd hAtod uauded this
Agreement to be duly exAauted on thA day and yaAe Brat above net
forth.
ATT8 T
th ¢iI 0' alloxan
/ V
c gar 1, ia Ian ttae ,
city Attorney
ATTEST!
Secra ary
(corporate seal)
"CITY"
City of Sebastian
?CONTRACTOR"
ART KRIEGER. CONSTRUCTION
C;\WP50\AGREEHEHTJ\COHSTRUC.AGR
10
-
C�ctdht2
KA'T'HRYN A. NAPPI
W C6MSStaN A CC229406 f)CPIREs
September 2e, 1985
INC.
%fi d
BONOEO iIJRU TFM FAIN INSURANCE.
-
C�ctdht2
f ,
GOLF PRO SHOP RENOVATION
. GENERAL REQUIREMENTS
01000 GENERAL REQUIREMENTS
27 JULY 92
1 / 8
This section of the Project Specifications applies
to all work to be done on the project and is
supplemental to all other sections of the project
Documents and Specifications.
01100 Project Definition
This project includes the design, permitting, and
renovation/construction of the existing pro shop
facilities at the Sebastian Municipal Golf Course
in Sebastian, Florida.
The area to be renovated (under roof) is
approximately 840 SF.
Total project completion is currently scheduled
for September/October 1992.
Owner is the City of Sebastian. Owner's
Representative for this project is Mr. Jim
DeLarme. Pro/Manager, Sebastian Municipal Golf
Course.
01200 Permits and Regulatory Requirements
Owner is responsible for any site plan permitting
and project design.
Contractors are responsible for pulling any
required building permits and for compliance with
any other licensing, permit, and/or approval
requirements applicable to their own work
activities on this particular project.
. Contractors shall fully comply with all local,
state, and federal ordinances, statutes, rules,
and regulations pertaining to work activities on
this project.
. Specific permitting and regulatory requirements
for this project include (but are not limited
to).
. City of Sebastian Building Permit (No Fee)
GOLF PRO SHOP RENOVATION 27 JULY 92
. GENERAL REQUIREMENTS 2 / 8
01300 Engineering
. Owner will provide design drawings and
specifications.
Contractors are responsible for all layout and
control measurements.
01400 Quality Control
401. Project Drawings and Specifications
. Project Drawings and Specifications, provided by
the Owner, are planned to mutually explain each
other. Any item called for in one will be
implied to be included in the other. In any
apparent conflict or area requiring
clarification, Owner's Representative shall be
notified and shall resolve such item.
402. Materials and work shall conform to the
requirements of all applicable standards, codes,
manufacturers' specifications, and recommended
practices. In conflicts among such standards and
specifications, the more stringent requirement
will apply. In any apparent conflict or area in
question, the Architect shall be notified and
shall resolve the issue.
403. Workmanship
All work executed on this project pursuant to the
Drawings and Specifications shall be done by
skilled craftsmen and artisans thoroughly
trained, experienced in their respective trades,
and licensed as required. Such skilled craftsmen
and artisans may be directly assisted by
unskilled helpers but accomplishment of final
work product may not be delegated to unskilled
persons.
Work not meeting high standards of quality will
be rejected and corrected at no additional
expense to Owner.
f"1� �1 1
GOLF PRO SHOP RENOVATION 27 JULY 92
. GENERAL REQUIREMENTS 3 / 8
01400 Quality Control (Cont"d)
404. Materials
All materials used in the project, unless
otherwise approved, shall be new. free of
defects. designed for the purpose intended, and
of high quality in all respects. All project
materials shall be delivered and stored in an
orderly manner in dry protected areas and shall
be well -identified by appropriate markings.
405. Shop Drawings and Material Information
. Where and when required. Contractor shall submit
appropriate shop drawings and/or manufacturers'
information sheets to the Owner's Representative
for review and approval before installation.
Substitutions for any specified items may be
proposed but not used unless specifically
approved by Owner's Representative.
406. Field Measurements
Contractors are responsible for taking and
continually verifying all applicable field
measurements. Errors in installation due to
incorrect field measurements and/or the failure
to verify same shall be corrected at no
additional expense to the Owner.
407. Inspection and Testing
Contractors shall allow Owner's Representative
complete access to work at any stage for
monitoring. inspection and/or testing. Owner to
pay for any such inspection or testing not
otherwise covered by the Project Documents except
that when defects are discovered and/or
corrections required. Contractor shall pay for
any inspection and testing required to further
determine and verify that such corrections have
been made in accordance with project
requirements.
l
GOLF PRO SHOP RENOVATION
. GENERAL REQUIREMENTS
01400 Quality Control (Cont'd)
408. Guarantee by Contractors
27 JULY 92
4 / 8
Contractors shall guarantee all materials and
workmanship for a period of one (1) year after
final acceptance of the completed building. All
required corrections to be made at no additional
expense to the Owner unless otherwise mutually
agreed upon.
409. Job Site Control
Contractors are responsible for control of all
aspects of their work and work areas.
Work areas are to be kept working clean and as
neat as conditions permit with no unnecessary
debris left behind.
01500 Safety and Loss Prevention
Contractors shall make job safety a top priority
at all times. All contractors on the project
shall establish, maintain, and actively
administer and enforce a clear and comprehensive
Job Safety/Loss Prevention Program that applies
to all aspects of work on this particular
project.
. Such Program will include provisions and
activities designed to protect worker and public
safety and to prevent any loss through accident,
fire, theft, storm, vandalism, or other untoward
occurrence or mishap.
. Contractors shall, upon request, provide the
Owner's Representative with a written outline of
their Job Safety/Loss Prevention Program for this
project.
GOLF PRO SHOP RENOVATION 27 JULY 92
. GENERAL REQUIREMENTS 5 / 8
01600 Scheduling / Coordination / Cost Control
. Project scheduling, job site coordination, and
overall cost control are important aspects of
this project. Contractors shall fully cooperate
with each other and with the Owner's
Representative in these matters.
01700 Management and Administrative Requirements
Further notes may be provided for the following
categories, as applicable and/or necessary, prior
to contract signing.
701.
Communications
702.
Dispute Resolution
703.
Progress Reports
704.
Payment Procedures
705. Change Orders
706. Insurance Requirements
707. Licenses and Permits
708. Liens and Withholding
709. Taxes
01900 Special Requirements
901. Per Owner: Display board wall material will be
purchased and installed by owner. Gypsum Wallboard
1/2" will be installed on new walls and infills
where Display board is indicated as part of this
contract.
GOLF PRO SHOP RENOVATION
. GENERAL REQUIREMENTS
SCOPE
27 JULY 92
6 / 8
Provide all labor. materials, tools, equipment, services, and
miscellaneous related items and accessories necessary for and
customarily incidental to the furnishing. installation,
and/or renovation of all items, all in accordance with the
General Conditions and Requirements and as shown on the
latest approved Drawing(s) or specified herein.
That is:
02200 Temporary Facilities
. Owner shall be responsible for this item.
02300 Demolition
Provide demolition per plan. Contractor
responsible for timely removal of all debris from
site.
03000 Concrete
. Provide concrete foundations per plan.
06000 Carpentry
. Provide exterior siding per plan. Match existing
siding.
Provide mica -clad work stations in administration
office per plan.
. Relocate display cabinets and counter.
Provide new sales and display cabinets as
indicated.
GOLF PRO SHOP RENOVATION
. GENERAL REQUIREMENTS
07000 Thermal and Moisture Protection
27 JULY 92
7 / 8
Thermal insulation to be R-30 minimum in ceiling
above bay window addition.
Provide wall insulation per plan. Use batt type
(3-1/3") R-11 minimum.. Provide insulation batts
with vapor barrier at exterior wall locations.
08000 Doors and Windows
Provide windows per plan. Use aluminum "store
front" type to match existing pro shop entry
door.
Provide doors per plan. Where aluminum "store
front" type, match existing pro shop entry door.
Key lock exterior door at manager's office,
interior door at manager's office and
administrative door. Provide panic hardware on
exterior exist door. Exterior exit door will
have no outside operation.
All hardware to be medium to top quality.
Owner's Representative to approve type and
manufacturer prior to installation.
Provide closers at exterior doors. Provide
weather seals at exterior doors.
09000 Finishes
. Interior walls per plan. 1/2" drywall paint
finish.
Display wall material to be furnished and
installed by owner.
Interior ceiling per plan. Repair drywall
ceilings as required. Painted textured finish
per prior approval by Owner's Representative.
Provide ceiling at bay window area to match
existing ceiling.
J
�1
GOLF PRO SHOP RENOVATION
. GENERAL REQUIREMENTS
09000 Finishes (Cont'd)
27 JULY 92
8 / 8
Pro shop floor to have commercial grade carpet
(color by Owner). minimum 58 oz. nylon spike -
resistant.
Floor covering in Administrative and Manager's
Office to match pro shop. minimum 28 oz. nylon.
Interior trim per plan. Use standard colonial
type wood trim. finger joint. painted, at all
interior doors.
Exterior walls per plan. Match existing exterior
walls.
Contractor to provide samples for all finish
materials for prior approval by Owner's
Representative.
10000 Special Items
. Provide computer conduit and receptacles per
plan.
15000 Mechanical
. Owner shall be responsible for this item.
16000 Electrical
. All electrical shall be in E.M.T. except as
otherwise specified.
. Provide lighting per plan.
Contractor to provide cut sheets and/or fixture
samples for review and prior approval by Owner's
Representative.
. Fans -Contractor shall carry an allowance of
$150.00 each for the purchase of the ceiling
fans. Wiring and installation shall be part of
the contract.
Trac Lighting - All trac lighting shall be rated
with a minimum of 75 watts and contractor shall
supply all lights with 75 watt flood type bulb.
EXHIBIT "A"
AM - i(RIEGER CONSTRUC , SON
Commercial General Contractor
Residential # CGC 051046
September 17, 1992
City of Sebastian
Job:Golf Pro Shop Renovation
101 East Airport Drive
Sebastian, F1. 32958
Schedule of Payment
Total contract: $27,457.60
10% deposit upon commencement
Phase 1 - 45% after rough in completion
Phase 2 - 45% due within 5 days of completion
City of Sebastian responsible for mechanical work, and will be
timely to coordinate with Art Krieger Construction.
5070 North Al / Suite 210 / Vero Beach, Florida 32963 / (407) 234-8442 / (407) 569-0088
"Quality Work is our Success"
Custom Homes
Remodeling