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HomeMy WebLinkAbout2010-148 AGREEMENT 'Aa THIS AGREEMENT made and entered into this day of , 2016, by and between LACe, hereinafter called the CONTRACTOR and Indian River COUNTY herein called the OWNER . WITNESSED : That whereas , the OWNER and the CONTRACTOR for the consideration hereinafter named , agree as set forth below : Article 1 . SCOPE OF WORK As per specifications of advertised and sealed bid in Indian River County Bid CONTRACTOR, as an independent CONTRACTOR and not as an employee , shall furnish , for the sum of Z . Ste' -c o :LL, u n A w"lrI bQ1 ( $ ` Sr7l QQO � ) , all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents . Article 2 . TIME OF COMPLETION 9 O Days from receipt of the Notice to Proceed . Article 3 . GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications . The OWNER and CONTRACTOR agree to maintain records , invoices , and payments for the work . The CONTRACTOR shall provide a Public Construction Bond for all work in this Agreement . All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount , quality, fitness , and acceptability of the several kinds of work and materials which are to be paid for hereunder , and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon shall be final and conclusive ; and such determination and decision , in case any question shall arise , shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder . Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction , including appeal , if any , may be eliminated therefrom ; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein . Article 4 . QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract , based on the items of work set forth in the CONTRACTOR ' S Bid Form . 31 Article 5 . ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed , in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the CONTRACTOR, and filed with the OWNER within fifteen days after the date of completion . The final estimate shall be accompanied by a Certificate of Acceptance issued by the ENGINEER , stating that the work has been completed to his satisfaction, in compliance with the Contract . The Certificate of Acceptance shall not be issued until completed Asbuilt drawings of the actual construction have been furnished to the OWNER and verified . In accordance with the Florida Prompt Payment Act , after receipt of the ENGINEER ' S final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount . PAYMENT of the lump sum amount and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract . Article 6 . THE CONTRACT DOCUMENTS The General Conditions , Special Conditions , Specifications , Bid Documents , Insurance Requirements ( Exhibit A) , Bonds , and the Drawings , together with this Agreement , form the Contract , and are fully a part of this Contract as if included herein . Article 7 . VENUE This agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida . (Contractor) (Owner) p00pggq qq ggqq �1 MISS/, ,q qq ry\ (.%. 5 Co,,s+ � L River County, F`lo ' da J�'�.• '' • Or4ox Wim q O • • • � O � Q President Peter D . O ' Bryan , BCC Chai an . fig Witnessed by : '��4' ' Approved by BCC June 15 , 2.07; • , :moo A �p0 Attest : PROVE Jeffry rton Cl it u - Court B Joseph Baird , County Administrator Deputy Clerk proveed as to Form and Legal Sufficiency BY County Attorney 32 CERTIFIGATE OF LIABILITY INSURAvXE OP ID SH 1 DATE (MM/DD/YYY`0 06 1, 7 / 10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. TA T: the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed . tf 9"MffRGATION IS WAIVED, subject to the terms and conditions of the policy , certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Post Insurance b Financial Inc 11aaIcc'� ac, No): Katherine E . Post —E-lofAlL1� 146 NW Central Park Plaza , 102 ADDRESS: Port St . Lucie FL 34986 CUSTOMER ID p: ATHOM- 1 Phone : 772 - 878 - 8184 Fax : 772 - 878 - 8292 INSURER(S) AFFORDINGCOVERAGE NAIC0 INSURED INSURERA : Fla Citrus , Business 6 Zndustr A Thomas Construction Inc INSURER B : PO Box 3285 Fort Pierce FL 34948 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER : REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INTSR — ADDE R TYPE OF INSURANCE INSR POLICY NUMBER (MWDDIYYYY) (MM/DD/1'YYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE b COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 1-7 POLICY PRO- $ LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) S ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) E NON-OWNED AUTOS S UMBRELLA LIAB HOCCUR EACH OCCURRENCE 5 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5 DEDUCTIBLE S RETENTION E A WORKERS COMPENSATION 10642180 04 � O1J10 04 / 01 / 11 X TORY LIMITS ER AND EMPLOYERS' LIABILITY Y I N E. L. EACH ACCIDENT $ 1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE❑ / A OFFICERIMEMBEREXCLUDED? (Mandatory in NH) E. L. DISEASE - EA EMPLOYE $ 1000000 If Yes, describe under E. L. DISEASE - POLICY LIMIT $ 1000000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHK:LES (Attach ACORD 101 , Additional Remarks Schedule, H more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE INDIA- 9 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Indian River County AUTHORIZED REPRESENTATIVE Purchasing Division 1800 27th St Katherine Post ,Vero Beach FL 32960 © 1988-2009 ACORD CORPORATION . All rights reserved . ACORD 25 (2009/09 ) The ACORD name and logo are registered marks of ACORD F � TM CERTIFIC ' TE OF LIABILITY INSUR? ' `10E 06/29/2010 jrPRODUCER ( 3 52 ) 796 - 1451 FAX k3S2) 799 - 5986 THIS CERTIFICATE 10 ISSUED AS A MATTER OF INFORMATION Kill ingsworth Agency , Inc . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 19259 Cortez Blvd , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, P . 0 . Box 1750 Brooksville , FL 34605 - 1750 INSURERS AFFORDING COVERAGE NAIC # INSURED A . Thomas Const . Inc . INSURER A: American Vehicle Insurance Company PO BOX 3285 INSURER 8: Fort Pierce , FL 34948 INSURER C. INSURER D. INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . rA DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE IM nATE IMMIDDffY1 GENERAL LIABILITY GLOS2101439500 09/ 12 /2009 09/ 12/ 2010 EACH OCCURRENCE $ 190009000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 1001000 CLAIMS MADE � OCCUR MED EXP (Any one person) $ 59000 x X $ 250 PD deductible PERSONAL 8 ADV INJURY $ 11000 , 000 GENERAL AGGREGATE $ 290009000 GEN' L AGGREGATE LIMIT APPLIES PER: PRODUC7S . COMP/OP AGG S 290009000 POLICY M PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR FICLAIMS MADE AGGREGATE $ S S DEDUCTIBLE RETENTION $ $ WC STATU- WORKERS - WORKERS COMPENSATION AND TQRY EMPLOYERS' LIABILITY E . L . EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E . L. DISEASE - EA EMPLOYE $ If yes, describe under E. L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDE4 BY EIJDORSEMENT 1 SPECIAL PROVISIONS emits shown are those in effect as of policy inception date . ertificate holder is listed as additional insured in reference to General Liability . id # 2010045 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Indian River County Purchasing Division BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1800 27th Street OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, Vero Beach , FL 32960 AUTHORIZED REPRESENTATIVE Vicki Parrish /CLARE ACORD 25 (2001 /08 ) ©ACORD CORPORATION 1988 ATE MMtODIYYYYI � c CERTIFICATE OF LIABILITY INSURANCE 0611812010 06!18/2010 T=ERF IS ISSUED AS A MATTER OF INFORMATION PRODUCER Bill Knight Insurance Agency Inc . S NO RIGHTS UPON THE CERTIFICAT2301 Sunrise B {vd . TIFICATE DOES NOT AMEND, EXTEND OR GE AFFORDED BY THE POLICIES BELOW. Fort Pierce , FL 34982 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER Al State Farm Mutual Automobile Lnsuranco Company 25178 I 2 $178 1 ANDREW THOMAS INSURER B: 7945 99TH AVE INSURER C: VERO BEACH FL 329674428 INSURER D j INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTIMTHSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS ADO' POLICY NUMBER 13ATE�MMIMIpp�) DAATEEIMMM YYYYI LIMITS LTR 1NSR TYPE OF INSURANCE EACH OCCURRENCE f GENERAL LIABILITY PREMISES Eaoccwrence S COMMERCIAL GENERAL LIABILITY MED EXP iAnY �° Pew") $ CLAIMS MADE D OCCUR PERSONAL 8 ADV INJURY f GENERAL AGGREGATE S PRODUCTS • COMPIOP AGG S GENT AGGREGAT E UMrT APPLIES PER: POLICY JECOT LOC f X AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S (Ea accident) ANY AUTO ALL OWNED AUTOS 6451994-E79-59A 0511912010 11 /1912010 BODILY INJURY f 11000 ,000 (Per Penson) X SCr1EDULED AUTOS BODILY INJURY S 100004000 HIRED AUTOS (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE S 1 ,000 ,000 (Per atcidenq AUTO ONLY - EA ACCIDENT f GARAGE LIABILITY ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EACH OCCURRENCE f EXCESS I UMBRELLA LIABILITY AGGREGATE $ OCCUR CWMS MADE S f DEDUCTIBLE 5 RETENTION S TATLI- OTH WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITYE.L EACH ACCIDENT f ANY PROPRIETORIPARTNERIEXECUTIVE Y OFFICERIMEMBER EXCLUDED? F E. L. DISEASE . EA EMPLOYE 5 (Mandatory in NH ) If yes describe under E.L. DISEASE - POLICY LIM-Al PROVISIONS below IT S OTHER I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS BID #2010045 CERTTE HOLDER CANCELLATION IFICA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION FNDAN RIVER COUNTY DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN CHASING DIVISION NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILIRE TO DO SO SHALL 27TH STREET, COUNTY ADMINISTRATION IMPOSE No OBLIGATION OR LIABILITY OF ANY KIND UPON THE CNSURER, ITS AGENTS OR O BEACH FL 32960 -3365 EPRESENTATTVES. IZE REPRESENTA � G l � L4 lf� tJr 0198 - 9 ACO CORPO ION . A lights reserved . ACORD 25 (2009101 ) 1001486 132849 . 3 04-06-2009 The ACORD name and logo are registered marks of ACORD BUILDERS RISK COVERAGE DECLARATIONS The Declarations , Supplemental Declarations , Common ASSURANCE COMPANY OF AMERICA Policy Conditions , Commercial Inland Marine Conditions , A Stock Company Coverage Form (s) And Endorsement(s) , if any , issued to Administrative Office : 1400 American Lane and forming a part thereof, complete the Commercial Schaumburg , IL 60196 Insurance Policy numbered as follows : THIS IS A COINSURANCE CONTRACT ® New Policy BR69566075 F-1 Renewal of Please read your policy . ❑ Rewrite of In return for the payment of the premium , and subject to all terms of this policy , we agree with you to provide the insurance as stated in this policy . 1 . Named Insured and Mailing Address : 2 . Producer Information : A. Thomas Construction Inc . A Name : P . O . Box 3285 KILLINGSWORTH AGENCY , INC . Fort Pierce , FL 34948 PO BOX 1750 B Telephone # 352-796- 1451 C Fax # 352-799-5986 D Zurich Producer # 02253656 3 , Policy Period — From : 06/30/2010 To : 06!30/2011 E Field Office Name ORLANDO 12 : 01 a . m . Standard Time at your mailing address above . F Field Office Code ZO r4, F:orTn of Business : ❑ Individual ❑ Partnership ® Corporation ❑ Joint Venture ❑ Other its of Insurance ( either One-Shot or Reporting Form as indicated below) 0 SUPPLEMENTAL DECLARATIONS ( If this box is checked , Supplemental Declarations is attached to and forms a part of this policy) ❑ Reporting Form (continuous policy) ❑ One-shot ( Z non-reporting form/single structure policy) ❑ Annual Rate ❑ Monthly Rate ( HBIS — 4) ❑ 1 -4 Family Dwelling Q Commercial Structure Property Location A) Any one building or structure $ 4855 43rd Avenue B) All covered property at all locations $ Vero Beach , FL 32967 C) Rate Per Report D) Premium Per Report New Construction $ 571000 E) Total Taxes and Surcharges Per Report A) Any one building or structure 57 , 000 (per attached endorsement B) All covered property at all locations $ F) Total Fully Earned Policy Premium Per Report (same as A unless otherwise noted) Remodeling D) Renovations and improvements $See new cons E) Existing buildings or structures $ 0 F) Rate $ 0 . 207 G) Premium $ 400 . 00 H ) Total Taxes and Surcharges $ 12 . 00 ( per attached endorsement) 1 ) Total Fully Earned Policy Premium $ 412 . 00 minimum premium applicable) 6 . Deductible : ❑ $ 500 ® $ 1 , 000 ❑ $2 , 500 ❑ $5 , 000 ❑ Other 7 . Forms Applicable To This Coverage Part : SEE SCHEDULE OF FORMS AND ENDORSEMENTS Countersigned : By . Date Authorized Representative FM - 170001 (04-09)