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HomeMy WebLinkAbout2003 ContractCITY OF SEBASTIAN CERTIFICATE OF COMPLETION DATE ACCEPTED: CONTRACTOR: CONTRACT NAME: FINAL COST: $ June 30, 2004 Sheltair Sebastian, LLC. T-Hangars 1,143.707.76 Pursuant to the above captioned contract and in comphance of same, we the undersigned do hereby certify that this project is complete. Issuance of this certificate releases the contractor from any further responsibility except as stipulated in the contract as it relates to bond performance, payment of subcontractors, maintenance, and indemnity. All contractual obligations as to warranty, insurance, indemnification and patents, shall remain in full effect for the contractually stipulated period of time. In no way does the issuing of this certificate release the Contractor from all legal obhgations as stipulated in Chapter 713 of the Florida Statutes. Therefore, having reviewed the contract and inspected the work the undersigned do hereby accept the work. C~i.~ECgmeer tor Date: 11.6 Date: Sheltair Sebastian, LLC 4860 Northeast 12th Avenue, Fort Lauderdale, Florida 33334 Phone (954) 771-2210 Fax (954) 771-3745 October 10, 2003 Mr. Jason Milewski, Airport Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Sheltair Sebastian, LLC Dear Jason: In regard to the above enclosed herein please find the following: A copy of the executed "Contract Form" by and between Sheltair Sebastian, LLC as Owner and Holland Builders of South Florida, Inc. as Contractor, dated October 10, 2003. A copy of Southern Community Bank's revised letter, dated October 8, 2003, executed by Michael I. Smith, Senior Vice President, which the City of Sebastian has agreed to accept in lieu of the Payment and Performance Bond. It is the Owner's intent to provide a "Notice toProceed" to the Contractor on Monday, October 13, 2003. If you are in need of any additional documentation or information or have any additional questions, comments or requirements in regard to "the Contract Form" and/or any other matters surrounding this project, please give me a call upon receipt. Thank you for your continuing cooperation and patience. V truly ours, Enclosure c.c. Todd Anderson LPA Group, Inc. AJG/flb/G031010a CONTRACT FORM THIS AGREEMENT is dated as of the 10th day of October in the year 2003 by and between Sheltalr Sebastian, LLC(hereinafcer called OWNER) and Holland Builders of South Florida, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Comract Documents. The Work is generally described as follows: The Project, for which the Work under the Contract Documents may be the whole or only a part, is generally described as follows: T-HANGAR DEVELOPMENT SEBASTIAN MUNICIPAL AIRPORT FDOT FINANCIAL PROJECT NO. 407345-1-94-01/409864-1-94-01 Article 2. ENGINEER. The Project has been designed by THE LPA GROUP INCORPORATED 12000 RESEARCH PARKWAY SUITE 152 ORLANDO, FLORIDA 32826 407-306-0200 who is hereina~er called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGII~.F.R in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents, Artide 3, CONTRACT TIM1:, 3.1 The Work will be completed and ready for final payment in accordance with paragraph 50-1 $ of the General Provisions as follows: Coo~ract Form T-Hangar Development Sebastian Muai~al Airport C-1 3.2 Completion of Project: The entire project shall be completed within 180 consecutive calendar days from the date of Notice-To-Proceed and in accordance with the construction ph~ing prescribed in Section 01010 - "Summary of Work". Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this A~oreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Paragraph 80-07 of the General Provisions. They also recognize the delays, expense and diffictllties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiting any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER the mount as stipulated in Supplementary Conditions of Section 00800 for each calendar day that expires after the time specified in paragraph 3.1 for Completion and readiness for Substantial and Final Completion. 3.3 CONTRACTOR understands and hereby expressly agrees that in addition to liquidated damages specified in Article 3.2 above, to pay the OWNER the actual costs to OWNER for any inspector or inspectors necessarily employed by OWNER on the Work and the actual costs to OWNER for the ENGINEER's observation of construction and project representative services including all travel and subsistence expenses after the date specified for completion until the Work is completed and ready for final payment. 3.4 CONTRACTOR agrees that the sums to be paid the OWNER in accordance with Articles 3.2 and 3.3 above may be deduc'~ fi.om the sum due the CONTRACTOR for work performed as provided in Section 90 of the General Provisions. Article 4. CONTRACT PRICE. 4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, and in accordance with the unit bid prices submitted on June 26, 2003 and per the Unit Bid Prices multiplied by the actual approved and accepted quantities with initial contract amount of $1,143,707.76. Article $. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 90 of the General Provisions but in no case shall submit Applications for Payment more than once per month. ENGINEER will process applications for Payment as provided in the General Provisions. 5.1 T-14R%~r Devdopmmt Sebastian Municipal Akport Progress Payments. OWNER will make progress payments on account of the Comract Price on the basis of CONTRACTOR's Applications for Payment as recormnended by ENGIN~ within 30 calendar days atter receipt of an application for payment that has been reviewed and approved by the Engineer. (The last day of every month that work is performed shall be the endi~ date for establishing the quantity of units completed ,for submission in the application for payment). Conh-act Form C-2 5.1.1 Progress payments will be made in an mount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Section 90 of the General Provisions. 90% of Work completed as determined by ENGINF. RR. 90% ofmateriais and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 9007 of the General Provisions). 5.1.2 With each application for payment, the Contractor shall submit his DBE expenditures for the month as well as a total-to-date. The expenditure report shall include the name, date and amounts paid to each DBE subcontractor. 5.1.3 With each application for payment, the Contractor shall submit an updated CPM schedule delineating activities completed and those that remain to be completed using a detailed bar chart format. Additionally, the CONTRACTOR shall identif~ any logic changes made since submission of the first (baseline) CPM schedule. 5.1.4 The Contractor is advised that the certified payroll for his orgsniTafion as well as all of his subcontractors must be current within 14 days of the requested Application for Payment. 5.1.5 The Contractor shall submit a manual set(s) for each item of equipment installed as part of the Contract work when submitting a pay request for payment of the item(s) requiring manual set(s). The set(s) shah include operation, maintenance, and parts manuals. 5.1.6 Contractor's failure to submit an acceptable DBE expenditure report, CPM schedule update, parts/operational/maintenance manual set(s), or not meeting the requirements for the certified payroll submission schedule, as outlined in 5.1.2, 5.1.3 and 5.1.4, and 5.1.5 above, will result in withholding of his progress payment by the Owner until these requirements are satisfied. 5.2 FinalPawnent. Upon finai completion end acceptance ofthe Workinaccordancewith Section 50 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 90-08. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: Cootra~ Form 6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and aH local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2 CONTRACTOR has obtained and carafully studied (or assumes responsibility for obtaining and carefully studying) aH such examinations, investigations, explorations, tests, reports and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers nec, essay for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, includinG the General Provisions and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.3 CONTRACTOR has reviewed and checked aH information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes respons~ility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, 6.4 CONTRACTOR has correlated the results of aH such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINF. I~.R. written notice of aH conflicts, error or discrepancies that he hns discovered in the Contract Documems and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.6 BUY AMERICAN- STEEL AND MANUFACTURED PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN 1991) ao The Contractor agrees that only domestic steel and manufactured products will be used by the Contractor, subcontractors, material, men, and suppliers in the performance of this conhact, as defined in (b) below, b. The following terms apply to this clause: 1. Steel and Manufactured Products. As used in this clause, steel and manufactured products include (1) those produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. Conira~t Form T-Hangar Deve, lopmeot Sebmi~ Municipal Airport C-4 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and m~nnfactured products. 3. Cost of Components. This means the costs for production of the components, exciusive of final assembly labor costs. c. The attached list (marked as Exhibit "A") is the list of supplies/materials that the U.S. Government has determined that are not produced in the United States in sufficient and reasonably available quantities and of sufficient quality that will take exception to this clause. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concemin8 the Work consist of the following: 7.1 This Agreement (pages C-1 to C-7, inciusive). 7.2 Performance, Payment and other Bonds. 7.3 General Provisions and Supplememary Conditions. 7.4 Technical Specifications as listed in table of contents of the Project Manual. 7.5 Drawings, as listed in Exhibit 'A', with each sheet bearing the following general title: T-HANGAR DEVELOPMENT SEBASTIAN MUNICIPAL AIRPORT FDOT FINANCIAL PROJECT NO. 407345-1-94-01/409864-1-94-01 Addendum (numbers 1 to _, inclusive). 7.6 Summary to Minutes of May 27, 2003 Pre-Bid Conference. 7.7 CONTRACTOR's Bid: a. Bid Form (pages B-1 thru B-3, B4.1 thru B4._, B-5 thru B-. inclusive) 7.8 The following which may be delivered or issued after the F~l'Fective Date of the Agreement and are not attached hereto: All Written Amendments and other documents emending, modifying, or supplementing the Contract Documents pursuant to Section 40 of the General Provisions. There are no Contract Documents other than those listed in this Article 7. The Contract Documents may only be emended, modified or supplemented as provided in Section 40 of the General Provisions. Comract Form T-14~n~ Developm~t Sebastian Mtmi~ipal ~ C-5 Article 8. MISCELLANEOUS. 8.1 T~ms used in this Agreement which are defined in Section 10 of the General Provisions will have the meanings indicated in the General Provisions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are 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. 8.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 8.4 The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. The Contractor hereby agrees to adhere to and include the above clause in all subcontracts entered into as a result of this prime contract. 8.5 The Comractor agrees to pay each subcontractor under this Contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the Comxactor receives from the Owner. The Contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Owner. This clause applies to both DBE and non-DBE subcontractors. 8.6 This Contract is intended by the pafldes as a first expression of their Contract and as a complete and exclusive statement of its terms. No course of prior dealings between the parties and no usage of trade shall be relevant or admissible to supplement, explain, or vary any of the te~ms of this Contract. No other representations, understandings or contracts have been made or relied upon in the maldng of this Contract other than those speedically set forth herein. 8.7 VENUE AND JURISDICTION. If any party to this Agreement commences an action to enforce this Agreement or any provision hereof, or other performance thereof, then the prevailing party shall be entitled to an award by the Court of attorneys' fees and expert fees. cottm~ Form T-Hangar Development Sebastian M~icipal Airport C-6 In the event either party files any legal proceeding arising out of this Agreement or other performance thereof, the parties agree that Indian River County shall be the proper venue and the legal proceeding must be brought only in the Circuit Court in and for Indian River County, Florida. Article 9. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed five copies ofthis Agreement. Two counterparts each have been delivered to OWNER, and one counterpart each has been delivered to CONTRACTOR and ENGINEER. All portions ofthe Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreemem will be effective as of the 10ta day of October, 2003. OWNER CONTRACTOR SHELTAIR SEBASTIAN, LLC HOLLAND BUll JDERS OF SOUTH FLORIDA, INC Gerald M. Holland, Managing Member Address for giving notices: 4860 N.E. 12~ Avenue . Address for giving notices: 4860 N.E. 12m Avenue Ft. Lauderdale, Florida 33334 Ft. Lauderdale, Florida 33334 Contract Form T-Han~o~ Development Sebastian Municipal Airport C-7