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HomeMy WebLinkAboutContractJUL -09 01.:11PM FROM- T -971 P.02 /D3 F -Z12 CONTRACT FnAmnmentel PemUtS SOUTHERN MARINA CONSTRUCTION, INC. N C�ru� & R r � 10AMFT-S cu=m voc�cwooGlaartar'e Serving Dade CaunW si n ce 1981 - CC# F 1907 Soave arriving P0 SOX 41419.4, Miami Beach, Florida 33141 -0194 Drwu'na ��H Phone (305) 861 -2764 / Fax (305)1865-4848 Pander S�yst (Fieferred to as Customer) Towing Salv09e Commercial DIVing ToMi. Ralik Rodsteiia DATE- H.R. Mortgage & Realty Co. July 10, 2006 Miami. $each, Florida PHONE dQR LOCATION: 305 789 - 9922, Mobil 710 - 2103, Fax- 789 - 71.74 Empty Lot Adjacent to We agree to finish and install the following, subject to the conditions below; 1910 Property Mobilization of floating equipment, barge, Crape. 1118 boat attd pile driving crew to job site. Removal of existing'coral rock seawall. Installation of (6) vertical 12 "x12" king piles. Installarion of (5) 10 precast concrete seawall panels. Installation oE(5) 12 "x12" concrete batter piles. Force and pour new reinforced concrete seawall cap to a size of 50'x36 "x14 " + / -. Installation of Mine Rock Boulders as per DERM requirements. Southern Marine Construction Inc. shall supply (1) set of engineering drawings f the above project, and nu* application for standard City of Miami Beach Building Permit, ,Dade County DERM -Short Forma, and State of Florida DEP- Exemption. Owner to pay City of Mlatni Beach Permit Fees and DERM permit fees. Permit process does not include variances, surveys, mitigation's, u ply es, expired permits, or non- permitwd structures. xp' p Project Cost $ 51,500.00 Terms: $ 5 upon signing of contract. $1.5,000.00 w hcift work is started, $15,000.00 Upon comgletion.of pile driving. $11.,000.00 when seawall cap is formed and ready to pour. Balance dole upon completion ofthis contract. Any required fill shall be at an addidow cbaxge. This contract is subject: to acceptance within-14 ____ days and is void thereafter at the option of the contractor. The terms and conditions on the reverse side of this document are as much a part of this corrtract as i€ they were in above our name. . If this contract is accepted; IN WETNESS WH the day and year first wri f� Accepted By: Property Owner /Authorized Agent copy which will be our order to proceed with the above work. INS hereto haxeuuted this Contract by their duly authorized officer as of By: M )ate: f 2 1 THIS CONTRACT tS 60JECTTO THE TERMS AND CONDITIONS SHOWN ON REV 5185 SIDE WHICH ARE SPECIFICALLY APART OFTHIS CONTRACT. JUL -20 i � -09 01:11PM FROM- T -971 P.03/03 F -212 p SOUTiiERN R MARINE CONSTRUCTION, INC. I_ Commencement: of Project. Contractor shall commence work upon a reasonable time, taking into consideration factors iucluding but not limited to, riiobilizakion recjµi ems, Rer� Itting, staffing, and availability of materials. a' Engineering PI"sISltictfica#ion, Owner sball be responsible for providing all cngiricering plans/calculatians unless otherwise provided in writing_ ontractor shall not be responsible for any inadequacies of design or any patient infringements related to projects in which the plans and specifications are furnished by Owner, his engineer, architect, agent, or other representatives. 3. 'Survey. If rreeqquired by Contractor or any state, count); municipal government, and/or administrative body, Owner shall supply a currentsurvay and shal(;he responsible for any casts in obtaining the survey 4. .Wurking Gaaditiotts. Contractor's employm shall not required to work in "hazardous conditions," including but not li m owne ited to, an freshly painted seems, in close p roiiunity to unursulated power fines, m close prtlximity to equippmrrient or where traveling cranes may come in contact with them_ r shall coop rate with Cnnuucror to mitigate any such hazardous aanditions. $- Working Roars The price quoted m compl this Project is computed upon QU5 acta crews working fill -time, without inter - ruption or interference du r'mg working h ours by Ownc ,his errs, representatives, or any of Owner's subcontractors, In event of such interruption or intetferenc Owner shall pay all costs incurred Contractor in completing the portion or portions that were not completed because of said rrupptt�ron or interference, including, but not limited to, overtime pay, idle tune pay, and /or extra [raveling expenses. G• Additiomil Work. Contractor shall perform its obligations under this Contract su or administrative approval, including, but not t'united to trn+al b l7e bj j ect to a a, co municipal governmeut, and/ Department of Environmental Protection ( "A) P "), and the United Syes A �o of Environmental Resource Management ( "Al RM' ), the upon performing additional work that was not s in this Contract, Owner shy 1 assume all espon "t fora Project t e a diAOned dditional work and/or materials tteceSsary to approve The lti ap proval b Owner. actoj Contractor ahnll not undertake any modification to the original oject prior Any dock accessories not a part of this Contractor may be added at additional costs to the Owner. Owner also understands that dock materials, including m theeat her. er. limited to the lumber and mein,, shall be su from exposure the weatbject to regular maintenance by owner at owner's expense, due to 7. Change Orders, As directed by Owner construction lender, oran y state, conttyh, municipal govemmentand /or administrative enti its inc by more than Seven Hu Fifty p or llars ($75p 00) the�cost aft e Project nclu but n t limite� to, subconntigacp Ting, extra hahar? r or extra materials -will be performed only upon the parties executing a written change order. Owner shall deviation as described above upcln completion ofthe work performed pursuant to the Change Order, pay the cost of any alteration o 8.. Permit Proem and Payment of Fees, Owner understands that Contractor cannot accurate that Contractor has made no oral or written rcpresentapans to Owneras to the time in which th are e permit�n�gredict the permitting process, and All permit application fees, eugineering fees, mud cpsitractors application processing fees shall be born ss �wner� completed. final and non - refundable. payment 9. Mitigations and Transfers. Unless otherwise provided in writing, this Contract and the terms and specifications of the Project contained herein shall not be construed to include any mitigations or transfers of material, required by any state, county, city governm t, administrative entities, their agcrats, or rep resentatives, in order to win lets the e Mitigat io ns or rmittin en transfers are required, Owners hall bear any additional expenses and post any bands that may re for th to mitigate art nsfer such materials, which include, but are not limi 14. Delay. Contractor's ted to, sea grass, coral, sponges, Rip and any dredg or excavation associated therewith. duty to complete the Project in a timely manner *ill he excused for any delay beyond his reasonable control_ These delays may include, but are not limited to, Acts of Gads, labor disputes, inclement weather, acts of public authority, decisions of any state, county, munrcipml government, or administrative entity, its agents, or representatives, or of the Owner. 11- Prompt Payment and Rights to Suspend Perform>znce, Owner shall make payments o the Contractor according set forth in this Contract. Contractor shall apply a monthly interest charge of one and one half per t cent (I t/2%) to all outstandi to the schedule ng amounts not paid within thirty (30) days of b ;,ling. If Owner fails to make any payment when due, Contractor may suspend his performance ofthc Project until such time as Owner has paid 411 past due amounts. Contractor May flit any claim or lien in accordance with the laws of the State of Florida as he deems accessary to enforce his tight to payment by owner for the Project, 12: Substitution of Materials. Contractor may substitute materials without notice tip the Customer in atder to complete the Pro,ect Provided, however, that the substituted materials are of no lesscrquality than those provided in writing by the parties in the Project speci£cm. 13 Salvage. Salvage. Absent an written agreemenr to the contrary, Contractor shall retain all salvage material resulting from work performed pursuant to the terms of this Cont 14, Insurance_ Contractor shall comply wit,? die Workmen's Compeuiatinn laws of the State of Florida, regardless ofthe state in which the Project is to be performed- Contractor shall carry public liability and Property Damage Standard form insurance. 15. Warranty. Contractor warranties and represents that all materials used in the Pro].1ect e not defective and that the work shall be ar pp erformed in a workmanlike manner. This warranty shad, remain in force for a period of One (1) Year from the date of completion of The Protect. This Warri mV shall Not cover damage resulting from Misuse of the Pro limited to hurricanes, tomadas, lightin g wind, rain, d saItw damage resulting from acts of God, including but nor Owner agrees that the amount ofddaanmages recoverable in any won related t o any all ed defects be Or n sheworkmanship shall be limited to the cost of the allegedl ydef=ive materials and the tabor associated with insWling those materials. 16. Indemnification. Owner shall indemnify and hold harmless Contractor for anypenaltiesi sessed arimposedagainsttheContiactor any municipal, city g pe by overnment, or administrative entity Own fpF any unperntitted watt or alterations to the project either pre- existing or Sn e rforme ertyd y Owner, In a ddition, Owner shall indemnity avid hold harmless Contractor for any damage caused by Contractor on Owner's prop, including but not limited to, damn$c to electrical, plumbing, sewer, or other utilities; landscaping, sprinklers, decks, docks, but 29115, pools, or other appurtenaut structures; rlamagc to sea grasses, s coral, orany other marine life; or any other damages that may occur as a result of Contractor s pp�erfOnnanee of his obligations under rite Contract. 17. Default. For purpose of this Contract the term default shall mean Owner refusal to com ply with the obligations of this Contract -s ifically, Owner's attempt to cancel, avoid, dissolve, or otherwise p rcvrnt the completion of ContiaetOr's performance of this Contract for reasons Ilia include, but tai a not limited To change of mind by Owner; indcpendent of any other occurreaee, avert, ar ace Performed by . Contractor or any other third P arty, change ofmind by Owner due to Owner's negotiations to sell and/or the sale, subs to the date of this Contract and prior to the Contractor securing the final permits for the Project, by the Owner of the property on which the Project is performed, or change of mind by Owner because of a change in the scope of the project in compliance with any municipal, city, ggovaimmant, or administrative requirements, including but not limited to re uiremems from the Department of Environmental Protection ("DEP "), the Department of Environmental Resource Management ("DERM ), or the United States Army Corps of Engineers. In consideration of the time, monim, and resourc expended by Contractor in undertaking this project to the exclusion of other Projects. in the event that Owner defaults on its obligations under this Contract eerior to the Contractor security the final permits or after the Contractor has secured the final permits for the Projecl, Contractor shall be entitled to liquidated damages in the amount of (1/2) of the total contract price ofthe Project, pursuant to the terms of this Contract. If Owner defaults; any deposit paid by owner at time of execution of this Contract shall be credited toward the payment by Owner of liquidated damages to Contractor. This provision is not intended nor shall it be deemed a penalty, nor shall it be.regarded as punitive in nature. Owner and Contractor may, upon written. agreement signed by both parties and the subsequent purchaser of the property upon which the Project is to be completed, agree To modify. rite Contract by transferring the obligations under this Cvntrae[ from Owner to [be subsequent p urchaser of the property upon which the Project is to be com p leted. If such an agreement is executed, Owner shall not be liable w Contractor roe any liquidated damages as provided above.. however, such an agreement shall not operate as a waiver by Contractor of any other defaults or breaches of this Contract by Owner 1$. TImpute as to WurumAnahiP. to the event that any dispute arises relatingtd the workrnansbip of the Prc jcct; the parties agroc to first submit the dispute to the following respective parties in order to assist in the resolution of such dispute: A to lumbar: Bucolic As to canarere Engineer of record, As to structure: Engineer of record - 19: Mediation. Prior to the initiation of any legal action relating to this Contract, the parties shall submit the dispute to mediation. The mediation shall be conducted by an organization certified to conduct mediations in the State of Florida. The place of mediation shall be Miami, Florida - Own 20_ Attorneys' Feed. In the event that Contractor is required to initiate_ litigation in order to recover monies due under this Contract, Owner agrees to pay Contractor's reasonable attorneys' fees incurred in lit;trag ire discuss, if Contractor is the prevailing party in the . Under no circumstances shall Contractor be responsible to owner tflr attomey's fees. 21. Entire Contract and Merger This Contract, together with the plans and specifications executed contemporaneously with this contract, constitute the entire agreement between the parties with reference to the subject matter of this Contract and supersedes any and all prior negotiations, understanding, representations, and agreements whether written or. oral. Owner acknowledges that he is entering into this Contract, and ; ancillary agreements executed contemporaneouslyy with this Contract, as a result of his own independent investigations and not as a result ofany representations made by Southern Marine Construction, Inc_„ itS employees, agents or independent contractors which are contrary to rite terms set forth in this Coatmct.