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Home My Public Portal AboutCKnowles Construction, LLC (Gate House Repairs) 06/2019Town of Gulf Stream Gate House Repairs This Contract is between the Town of Gulf Stream, 100 Sea Road, Gulf Stream, FL 33483 ("Owner") and CKnowles Construction LLC, 6110 Birch Tree Terrace, Lake Worth, FL 33467 ("Contractor"). I. The Contract Documents The Contractor shall complete the work described in the Contract Documents, which consist of this agreement, signed by the Owner and Contractor, and the Estimate provided by Contractor dated June 2, 2019, ("Estimate") which describes the scope of work and is attached as Exhibit A. II. The Work The Work is the construction and services required to fulfill the scope of work as stated in the Estimate contained as Exhibit A, including all other labor, materials, equipment, and services provided, or to be provided, by the Contractor to fulfill the Contractor's obligations. The Work is located at Parcel Control Number 20-43-46- 04-23-000-0000. III. Time of Completion Contractor shall have thirty (30) calendar days from the date the permit is issued to complete the Work. Time is of the essence. IV. Contract Sum The Contract sum includes all items and services necessary for the proper execution and completion of the Work and fulfilment of all contact obligations. The Contract sum is eioht thousand, four hundred fifty and no/100 dollars (8 450.00). V. Payments Owner shall pay Contractor 50% of the Contract sum within seven (7) calendar days of the date the permit is issued. The remaining balance shall be paid within thirty (30) days of completion, subject to all contract requirements being satisfied. Fowii of Gulf Stream Gate I louse Repairs " duly 2019 VI. Insurance a. The Contractor shall maintain the following types of insurance at all times: i. Commercial General Liability insurance for the project, written on an occurrence form with standard policy limits. ii. Automobile Liability covering vehicles owned, and no -owned vehicles used by the Contractor, with standard policy limits per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of those motor vehicles along with any other statutorily required automobile coverage. Contractor may achieve the required limits and coverage through a combination of primary and excess or umbrella liability insurance, provided that such primary and excess or umbrella insurance policies result the same or greater coverage as those required and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require exhaustion of the underlying limits only through the actual payment by the underlying insurers. iii. Workers compensation at statutory limits. iv. Employers liability with customary policy limits. b. The Owner shall be responsible for maintaining its usual liability insurance and shall provide property insurance to cover the value of Owner's property. c. Prior to commencement of the Work, each party shall provide certificates of insurance showing their respective coverages. VII. Notice Notice shall be given under this Contract as follows: To Owner at the following address Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 To Contractor at the following address: CKnowles Construction LLC 6110 Birch Tree Terrace Lake Worth, FL 33461 VIII. Changes in the Work The Owner may order changes in the Work within the general scope of the Contract, consisting of additions, deletions, or other revisions, and the Contract Sum and Contract Time shall be adjusted accordingly, in writing. Town of Gulf Strcam Gatc I louse Repairs 11 Jule 2019 IX. Right to Perform Construction and Award Separate Contracts a. Owner reserves the right to perform construction related to the Work with the Owner's own forces, and to award separate contracts in connection with other portions of the project. b. The Contractor shall coordinate and cooperate with the Owner's own forces and separate contractors employed by the Owner. X. Review of Field Conditions by Contractor Execution of this Contract by the Contractor is a representation that the Contractor has visited the site and become familiar with the conditions of the site where work is to be performed. XI. Supervision of Workers and Identification of Subcontractors a. Contractor shall supervise and direct the Work using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over all construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work. b. Contractor shall timely furnish in writing to the Owner the names of the subcontractors and suppliers for each portion of the Work. The Contractor shall not contract with any subcontractor or supplier to whom the Owner has made a timely and reasonable objection. c. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs. Contractor shall take reasonable precautions to prevent damage, injury, or loss to employees and other persons. d. Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable. XII. Warranty a. Contractor warrants that: i. Materials and equipment furnished under the contract will new and of good quality. ii. The Work will be free from defects not inherent in the quality required or permitted. iii. In addition to the Contractor's other obligations including warranties under the Contract, the Contractor shall, for a period of one year after Town of Gulf Stream Gats i10c Repairs 11 duly 2019 final payment, correct work not conforming to the requirements of the Contract Documents. b. Any material or equipment warranties shall be issued in the name of the Owner, or shall be transferrable to the Owner. XIII. Permit Fees a. Contractor shall obtain and pay for any drawings and permits, and other applicable governmental fees, licenses, and inspections necessary for proper completion of the Work b. Owner shall pay for all future plan revisions. XIV. Cleanliness of Job Site Contractor is aware that the Town of Gulf Stream has rules and regulations regarding the appearance and cleanliness of a job site and agrees to keep the premises and surrounding area free from debris and trash related to the Work and otherwise abide by all rules and regulations contained in the Gulf Stream Town Code. At completion of the Work, contactor shall remove its tools, equipment, and surplus material, properly disposing of waste materials. XV. Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, its agents and employees, from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work. XVI. Completion and Payment a. When Contractor notifies Owner that the Work is completed, Owner will inspect the Work. When Owner finds the Work acceptable and the contract fully performed, Owner shall promptly issue the final payment, subject to Contractor submitting releases and waivers of liens for each material supplier or subcontractor that provides a notice to Owner. b. Acceptance of final payment by the Contractor, a subcontractor or supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time the final payment is made. Town of Gulf Stream Gate I louse Repairs I * duly 2019 XVII. Assignment This contract is not assignable by either party without prior written consent. XVIII. Governing Law The Contract shall be governed and construed in accordance with Florida law. Venue for any disputes shall be in the state courts of the State of Florida in Palm Beach County. XIX. Termination The Owner may terminate the Contract for cause or convenience. If Owner terminates the contract for convenience, Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. Reasonable overhead and profit shall be 10% for overhead and 10% for profit. XX. Public Records The Contractor shall comply with Chapter 119, Florida Statutes. Specifically, if the Contractor is acting on behalf of the Town, the Contractor Shall: a. Keep and maintain public records required by the Town to perform the services being performed by the Contractor. b. Upon request from the Town's custodian of public records or designee, provide the Town with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that records exempt or confidential and exempt from disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract if the Contractor does not transfer the records to the Town. d. Upon completion of the Contract, transfer at no cost to the Town, all public records in possession of the Contractor or keep and maintain public records required by the Town to perform the service. If the Contractor transfers all public records to the Town upon completion of the Contract, the Contractor shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Foxvn of Gulf Stream Gatc 1 muse Repairs "_I uly ?019 Town, upon request from the Town's custodian of public records or designee, in a format that is compatible with the information technology systems of the Town. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: TOWN CLERK 100 SEA ROAD GULF STREAM, FLORIDA 33483 (561) 276-5116 rtaylor@gulf-stream.org THIS AGREEMENT is entered into as of the day and year fust written above. CKnowles Construction LLC By: ` Name: Title: (!C-A"elc Irr/C V, of II()v%n 4 ) t ( iIII f Stream (;:uc I I(RISC Rclxtir� - Iuk 2019 Town of Gulf Stream By: Name: Title:P- I I -