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Dowling Construction Company Construction Agreement
CONTRACTOR'S NAME: Dowling Construction Company
ADDRESS: 241 Atlantic Blvd., Suite #5
Neptune Beach, FL 32266
PHONE: 904.246.1833
FAX: 904.247.3147
LIC #: CBC 006834
DATE: June 28, 2000
OWNER'S NAME: City of Atlantic Beach
ADDRESS: 800 Seminole Road
Atlantic Beach, FL 32233
PROJECT NAME: City Hall Renovations
PROJECT ADDRESS: 800 Seminole Road
Atlantic Beach, FL 32233
I. PARTIES
This contract (hereinafter referred to as "Agreement ") is made and entered into
on this Aga day of June, 2000, by and between City of Atlantic Beach,
(hereinafter referred to as "Owner "); and Dowling Construction Company,
(hereinafter referred to as "Contractor "). In consideration of the mutual promises
contained herein, Contractor agrees to perform the following work:
II. GENERAL SCOPE OF WORK DESCRIPTION
Scope of Work: Construction of the above referenced work according to plans by CRG Architect
dated 5/2000 including -
1. Removal of floor tile where carpet is to be installed.
2. Framing of Reception Area walls to a height equal to the lowest adjacent wall.
2. . All electrical work specifically noted on the plans.
3. . Labor and material for the installation of three US26D Simplex #1011 mechanical touch key
pad locks to install three mechanical (non - electronic) touch keypad locks.
4. Painting of disturbed areas to the nearest reasonable "cut -off' point.
Additional Scope of Work page(s) attached: Yes No)
RECEIVED JUN 2 9 ?nr►J
Dowling Construction Company Construction Agreement
LUMP SUM PRICE FOR ALL WORK ABOVE: $ 18,370.
III. GENERAL CONDITIONS FOR THE AGREEMENT ABOVE
A. EXCLUSIONS
This Agreement does not include labor or materials for the following work (unless
Owner selects one of these items as an Additional Alternate):
1. PROJECT SPECIFIC EXCLUSIONS:
1. Building permits fees.
2. Restoration of wallpaper.
3. Removal of floor tile in reception counter area.
4. Any additional electrical work not noted on plans.
5. Providing dumpster or hauling for debris removal
2. STANDARD EXCLUSIONS: Unless specifically included in the "General
Scope of Work" section above, this Agreement does not include labor or
materials for the following work: Plans, engineering fees, or governmental
permits and fees of any kind. Testing, removal and disposal of any materials
containing asbestos (or any other hazardous material as defined by the EPA).
Custom milling of any wood for use in project. Moving Owner's property
around the site. Labor or materials required to repair or replace any Owner -
supplied materials. Repair of concealed underground utilities not located on
prints or physically staked out by Owner which are damaged during
construction. Surveying that may be required to establish accurate property
boundaries for setback purposes (fences and old stakes may not be located
on actual property lines). Final construction cleaning (Contractor will leave site
in "broom swept" condition). Landscaping and irrigation work of any kind.
Temporary sanitation, power, or fencing. Removal of soils under house in
order to obtain 18 inches (or code - required height) of clear space between
bottom of joists and soil. Removal of filled ground or rock or any other
materials not removable by ordinary hand tools (unless heavy equipment is
specified in Scope of Work section above), correction of existing out -of -plumb
or out -of -level conditions in existing structure. Correction of concealed
substandard framing. Rerouting /removal of vents, pipes, ducts, structural
members, wiring or conduits, steel mesh which may be discovered in the
removal of walls or the cutting of openings in walls. Removal and replacement
of existing rot or insect infestation. Failure of surrounding part of existing
structure, despite Contractor's good faith efforts to minimize damage, such as
plaster or drywall cracking and popped nails in adjacent rooms, or blockage of
pipes or plumbing fixtures caused by loosened rust within pipes. Construction
of continuously level foundation around structure (if lot is sloped more than 6
Dowling Construction Company Construction Agreement
inches from front to back or side to side, Contractor will step the foundation in
accordance with the slope of the lot). Exact matching of existing finishes.
Public or private utility connection fees. Repair of damage to roadways,
driveways, or sidewalks that could occur when construction equipment and
vehicles are being used in the normal course of construction.
B. DATE OF WORK COMMENCEMENT AND SUBSTANTIAL COMPLETION
Commence work: July 5, 2000. Construction time through substantial
completion: Approximately 2 to 3 weeks, not including delays and adjustments
for delays caused by: inclement weather, accidents, additional time required for
performance of Change Order work (as specified in each Change Order), delays
caused by Owner, and other delays unavoidable or beyond the control of the
Contractor.
C. EXPIRATION OF THIS AGREEMENT
This Agreement will expire 30 days after the date at the top of page one of this
Agreement if not accepted in writing by Owner and returned to Contractor within
that time.
D. CHANGE ORDERS: CONCEALED CONDITIONS, ADDITIONAL WORK,
AND
CHANGES IN THE WORK
1. CONCEALED CONDITIONS: This Agreement is based solely on the
observations Contractor was able to make with the structure in its current
condition at the time this Agreement was bid. If additional concealed
conditions are discovered once work has commenced which were not visible
at the time this proposal was bid, Contractor will stop work and point out these
unforeseen concealed conditions to Owner so that Owner and Contractor can
execute a Change Order for any Additional Work.
2. CHANGES IN THE WORK: During the course of the project, Owner may
order changes in the work (both additions and deletions). The Contractor will
determine the cost of these changes and the cost of this Additional Work will
be added to this agreement.
WORK PERFORMED BY OWNER OR OWNER'S SEPARATE
SUBCONTRACTORS
All work must be performed and supervised by Contractor while Contractor
is still working on this project. If Owner wants to perform separate work or hire
their own subcontractors to perform any work, Owner must then bring in his
separate Subcontractors only before or after Contractor has performed all of
his work.
Dowling Construction Company Construction Agreement
3. DEVIATION FROM SCOPE OF WORK: Any alteration or deviation from
the Scope of Work referred to in the Contract Documents involving extra costs
of materials or labor (including any overage on ALLOWANCE work) will be
executed upon a written Change Order issued by Contractor and should be
signed by Contractor and Owner prior to the commencement of Additional
Work by the Contractor. This Change Order will become an extra charge over
and above the Lump Sum Price referred to at the beginning of this
Agreement.
4. CHANGES REQUIRED BY PLAN CHECKERS OR FIELD INSPECTORS:
Any increase in the Scope of Work set forth in these Contract Documents
which is required by plan checkers or field inspectors with city or county
building /planning departments will be treated as Additional Work to this
Agreement for which the Contractor will issue a Change Order.
E. PAYMENT SCHEDULE AND PAYMENT TERMS
1. PAYMENT SCHEDULE:
*First Payment: due when Agreement is signed and returned to Contractor.
$ 3,500.
Progress Payments: Owner will be invoiced for work performed on a regular
basis as appropriate. Payment will due upon receipt. Final payment will be
due upon Substantial Completion of all work under this Agreement. (See
additional sections on Final Payment and Punch list for details on Final
payment, Final Completion and holding back of funds).
* Final Payment: Balance of contract amount due upon Substantial
Completion of all work under contract:
2. PAYMENT OF CHANGE ORDERS: Payment for each Change Order is
due upon completion of Change Order work and submittal of invoice by
Contractor.
3. ADDITIONAL PAYMENTS FOR ALLOWANCE WORK AND RELATED
CREDITS: Payment for work designated in the Agreement as ALLOWANCE
work has been initially factored into the Lump Sum Price and Payment
Schedule set forth in this Agreement. If the actual cost of the ALLOWANCE
work exceeds the line item ALLOWANCE amount in the Agreement, the
difference between the cost and the line item ALLOWANCE amount stated in
the Agreement will be written up by Contractor as a Change Order subject to
Contractor's profit and overhead at the rate of 30 %.
If the cost of the ALLOWANCE work is less than the ALLOWANCE line item
amount listed in the Agreement, a credit will be issued to Owner after all
Dowling Construction Company Construction Agreement
billings related to this particular line item ALLOWANCE work have been
received by Contractor. This credit will be applied toward the final payment
owing under the Agreement. Contractor profit and overhead and any
supervisory labor will not be credited back to Owner for ALLOWANCE work.
F. WARRANTY
Contractor provides a limited warranty on all Contractor- and Subcontractor -
supplied labor and materials used in this project for a period of one year
following substantial completion of all work with the following exceptions:
Excluded from warranty -
All mechanical devices, appliances, plumbing fixtures, electrical devices, or any
other item which is covered by the manufacturers warranty. All warranties will be
turned over to the owner and all remedies will become the responsibility of the
owner.
Contractor provides no warranty on any materials furnished by the Owner for
installation. No warranty is provided on any existing materials that are moved
and /or reinstalled by the Contractor within the dwelling (including any warranty
that existing /used materials will not be damaged during the removal and
reinstallation process). One year after substantial completion of the project, the
Owner's sole remedy (for materials and labor) on all materials that are covered
by a manufacturer's warranty is strictly with the manufacturer, not with the
Contractor.
Repair of the following items is specifically excluded from Contractor's warranty:
Damages resulting from lack of Owner maintenance; damages resulting from
Owner abuse or ordinary wear and tear; deviations that arise such as the minor
cracking of concrete, stucco and plaster; minor stress fractures in drywall due to
the curing of lumber; warping and deflection of wood; shrinking /cracking of
grouts and caulking; fading of paints and finishes exposed to sunlight.
THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A
PARTICULAR USE OR PURPOSE. THIS LIMITED WARRANTY EXCLUDES
CONSEQUENTIAL AND INCIDENTAL DAMAGES AND LIMITS THE
DURATION OF IMPLIED WARRANTIES TO THE FULLEST EXTENT
PERMISSIBLE UNDER STATE AND FEDERAL LAW.
G. CONFLICT OF DOCUMENTS
If any conflict should arise between the plans, specifications, addenda to plans,
and this Agreement, then the terms and conditions of this Agreement shall be
controlling and binding upon the parties to this Agreement.
Dowling Construction Company Construction Agreement
H. MATCHING EXISTING FINISHES
Where Contractor's work involves the "matching of existing finishes or materials,"
Contractor will use his best efforts to match existing finishes and materials.
However, Contractor does not guarantee an exact match due to such factors as
discoloration due to the aging process, difference in dye lots, and difficulty of
exactly matching certain finishes, colors, and planes.
I. WORK STOPPAGE, TERMINATION OF CONTRACT FOR DEFAULT, AND
INTEREST
Contractor shall have the right to stop all work on the project and keep the job
idle if payments are not made to Contractor in accordance with the Payment
Schedule in this Agreement, or if Owner repeatedly fails or refuses to furnish
Contractor with access to the job site and /or product selections or information
necessary for the advancement of Contractor's work. Simultaneous with stopping
work on the project, the Contractor must give Owner written notice of the nature
of Owner's default and must also give the Owner a 14 -day period in which to
cure this default.
If work is stopped due to any of the above reasons (or for any other material
breach of contract by Owner) for a period of 14 days, and the Owner has failed
to take significant steps to cure his default, then Contractor may, without
prejudicing any other remedies Contractor may have, give written notice of
termination of the Agreement to Owner and demand payment for all completed
work and materials ordered through the date of work stoppage, and any other
Toss sustained by Contractor, including Contractor's Profit and Overhead at the
rate of 30% on the balance of the incomplete work under the Agreement.
Thereafter, Contractor is relieved from all other contractual duties, including all
Punch List and warranty work.
J. DISPUTE RESOLUTION AND ATTORNEY'S FEES
Any controversy or claim arising out of or related to this Agreement involving an
amount of less than $5,000 (or the maximum limit of the court) must be heard in
the Small Claims Division of the Municipal Court in the county where the
Contractor's office is located. Any controversy or claim arising out of or related to
this Agreement which is over the dollar limit of the Small Claims Court must be
settled by binding arbitration administered by the American Arbitration
Association in accordance with the Construction Industry Arbitration Rules.
Judgment upon the award may be entered in any Court having jurisdiction
thereof.
The prevailing party in any legal proceeding related to this Agreement shall be
entitled to payment of reasonable attorney's fees, costs, and expenses.
K. ENTIRE AGREEMENT, SEVERABILITY, AND MODIFICATION
Dowling Construction Company Construction Agreement
This Agreement represents and contains the entire agreement between the
parties. Prior discussions or verbal representations by the parties that are not
contained in this Agreement are not a part of this Agreement. In the event that
any provision of this Agreement is at any time held by a Court to be invalid or
unenforceable, the parties agree that all other provisions of this Agreement will
remain in full force and effect. Any future modification of this Agreement must be
executed in writing in order to be valid and binding upon the parties.
L. ADDITIONAL LEGAL NOTICES REQUIRED BY STATE OR FEDERAL LAW
See page(s) attached: Yes x No
M. ADDITIONAL TERMS AND CONDITIONS
See page(s) attached: Yes x No
I have read and and rsto•d, an• I agree to, a e terms and conditions
contained in the e- -ent a %v . l
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D. - eywo• •' £ . Dowin•
Date James H -. sen
1200 SANDPIPER LANE PURCHASE ORDER
CITY OF ATLANTIC BEACH, FLORIDA 32233 -4318 PO. NUMBER DATE
40e4wue Sea - 741G4 TELEPHONE (904) 247 -5818 OR
(904) 247 -5880 022890 36/28/00
FAX: (904) 247 -5819 THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKING USTS, LABELS, BILLS OF LADI AND
VENDOR: SHIP TO: CORRESPONDENCE. --1
DO WLING CONSTRUCTION COMPANY CITY OF ATLANTIC BEACH f
241 ATLANTIC BOULEVARD 5B 800 SEMINOLE ROAD
NEPTUNE BEACH, FL 32266 ATLANTIC BEACH, FL 32233
L I L 1
/ VENDOR # DATE NEEDED TERMS r CT C 6S NED BY N
1849 06/27/00 NET FIN /CTHOMAS
F.O.B. CONTRACT NO. ACCOUNT NO. PROJECT REQ. NO. REQ. DATE
110095196200 21433 06 /27/00
Lite QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST
1 17372.00 DI LABOR & MATERIALS FOR RENOVATIONS 1.00 17372.00
FOR
CITY HALL RECEPTION AREA LOCATED
—800 SEMINOLE RD
AS STATED IN PROPOSAL SUBMITTED BY
DOWLING CONST.
CO. DATED 6/07/00. APPROXIMATE
START DATE 6/12/00.
APPROXIMATE END DATE 6/30/00.
2 998.Ot DL MATERIAL SUPPLY OF 3 US26D 1.00 998.00
SIMPLEX —1011
MECHANICAL TOUCH KEY PAD LOCKS
—LABOR TO INSTALL
LOCKS INCLUDED IN BASE PROPOSAL —
TOTAL 18370.00
■ J
NOTICE
PLEASE SEND INVOICE TO: //�— ;
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD PURCHASING Ar
ATLANTIC BEACH, FL 32233 -5445
FEDERAL TAX ID# 59- 6000267 PURCHASE ORDER IS NOT VALID WITHOUT AUTHORIZED
STATE TAX EXEMPT# 26- 02- 107391 -54C PURCHASING AGENTS SIGNATURE. PURCHASE ORDER
IMPORTANT —TO RECEIVE PAYMENT ALL IS VOID ONE YEAR FROM DATE OF ISSUANCE.
INVOICES AND SHIPPING LABELS MUST
SHOW PURCHASE ORDER NUMBER.
CONTROL NO.: 1 6 0 6 6 PSR X24
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