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HomeMy WebLinkAbout2011-055 3 � 6 - 11 AGREEMENT THIS AGREEMENT made and entered into this 31 day of March , 2011 ) by and between All Phase Solutions , LLC 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 # 2011033 Asbestos abatement of six ( 6 ) structures known as Gifford Garden Apartments , 4730 401h Avenue, Vero Beach , Fl . Parcel I . D . #32 - 39 -22 - 00000- 5000 - 00018 . 9 ; CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for the sum of Twelve Thousand Seven Hundred Dollars ($ 12 , 700 . 00) , all necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents for the Asbestos Abatement portion of the bid . Article 2 . TIME OF COMPLETION 30 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 . 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 . � . F AGREEMENT THIS AGREEMENT made and entered into this 31 day of March , 2011 ) by and between All Phase solutions , LLC 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 # 2011033 Asbestos abatement of six ( 6 ) structures known as Gifford Garden Apartments 4730 401" Avenue , Vero Beach Fl . Parcel I . D . #32 - 39 - 22 - 00000- 5000 - 00018 . 9 ; CONTRACTOR , as an independent CONTRACTOR and not as an employee , shall furnish , for the sum of Twelve Thousand Seven Hundred Dollars ($ 12 , 700 . 00) , all necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents for the Asbestos Abatement portion of the bid . Article 2 . TIME OF COMPLETION 30 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 . 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 detennination 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 . 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 ficial payment request shall be accompanied by a Certificate of Acceptance issued by the ENGINEER , or OWNER Representative, stating that the work has been completed to his satisfaction , in compliance with the Contract . In accordance with the Florida Prompt Payment Act, after receipt of the 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)h1 ( Owner) Alk F q se, `b/V S Indian River County, FloridalolMISS/p • NF President - Saleh Rabah Bob Solari , BCC Chairman 146.0:' Witnessed by : Approved by BCC S ` Olga Raba a+ '••. o° Attest : 0''�RNL'R Cn „• .. yn, YY .n . . Fpproved E Jeffre K a Cler f t Court By Baird , County Administrator Deputy Cleras to Fqnp and e a u ici ncy , " . r,Y J* County Attorney 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 ficial payment request shall be accompanied by a Certificate of Acceptance issued by the ENGINEER , or OWNER Representative, stating that the work has been completed to his satisfaction , in compliance with the Contract . In accordance with the Florida Prompt Payment Act, after receipt of the 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)h1 ( Owner) Alk F q se, `b/V S Indian River County, FloridalolMISS/p • NF President - Saleh Rabah Bob Solari , BCC Chairman 146.0:' Witnessed by : Approved by BCC S ` Olga Raba a+ '••. o° Attest : 0''�RNL'R Cn „• .. yn, YY .n . . Fpproved E Jeffre K a Cler f t Court By Baird , County Administrator Deputy Cleras to Fqnp and e a u ici ncy , " . r,Y J* County Attorney !!Zv CERTIFICATE OF LIABILITY INSURANCE OPID BM DATE (MM/DD/YYYY) 03 / 22 11 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 . IMPORTANT : If the certificate holder is an ADDITIONAL INSURED , the policy(ies) must be endorsed . If SUBROGATION 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: NFAX Cornish Zack Hill & Assoc , Inc AICNo Ext : (A/C , No): 24225 West Nine Mile Ste 204 ADDRESS : PRODUCER - Southfield MI 48033 CUSTOMERIDB: ALLPH - 4 Phone : 248 - 353 - 5850 Fax : 248 - 353 - 1432 INSURER(S) AFFORDING COVERAGE NAIC0 INSURED INSURER A : steadfast Insurance Company All Phase Solutions LLC INSURER B : Commerce s Industry Insurance 32 SW 5th Avenue Delray Beach FL 33444 INSURER C : Auto - owners Insurance Company 18988 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. 'AD POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ l , 0 0 0 , O 0 0 A X COMMERCIAL GENERAL LIABILITY GPL - 4886122 - 02 03 / 19 / 11• 03 / 19 / 12 PREMISES (Ea occurrence) $ 100 , 000 CLAIMS-MADE F OCCUR MED EXP (Any one person) $ 5 , 0 0 0 X Pollution Liab , S PERSONAL & ADV INJURY $ 11000 , 000 GENERAL AGGREGATE $ 2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP/OP AGG $ 2 , 000 , 000 X POLICY PRO LOC JECT $ AUTOMOBILE LIABILITY COMBINED BI DNGLE LIMIT ( Ea accident) $ 11000 , 000 C X ANY AUTO 48 - 613 - 082 - 00 10 / 29 / 10 10 / 29 / 11 BODILY INJURY (Per person ) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS ( Per accident) X NON-OWNED AUTOS $ N UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION WC 009 - 93 - 7012 04 / 12 / 11 04 / 12 / 12 X TORYLIMITS OTFF ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIV� E.L. EACH ACCIDENT $ 500 , 000 OFFICERIMEMBER EXCLUDED? ! - ' I 1A — (Mandatory In NH ) E. L. DISEASE - EA EMPLOYEE $ 5 O O , O O O If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500 , 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space Is required) Project : Indian . River County Bid No . 2011033 . Asbestos Abatement of 6 Structures ( Gifford Gardens Apartments ) Additional Insured on General Liability as required by written agreement : Indian River County . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE INDRIVE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . Indian River County AUTHORIZED REPRESENTATIVE 1800 27th Street Vero Beach FL 32960 c 1988-2009 ACORD CORPORATION . All rights reserved . ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD !!Zv CERTIFICATE OF LIABILITY INSURANCE OPID BM DATE (MM/DD/YYYY) 03 / 22 11 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 . IMPORTANT : If the certificate holder is an ADDITIONAL INSURED , the policy(ies) must be endorsed . If SUBROGATION 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: NFAX Cornish Zack Hill & Assoc , Inc AICNo Ext : (A/C , No): 24225 West Nine Mile Ste 204 ADDRESS : PRODUCER - Southfield MI 48033 CUSTOMERIDB: ALLPH - 4 Phone : 248 - 353 - 5850 Fax : 248 - 353 - 1432 INSURER(S) AFFORDING COVERAGE NAIC0 INSURED INSURER A : steadfast Insurance Company All Phase Solutions LLC INSURER B : Commerce s Industry Insurance 32 SW 5th Avenue Delray Beach FL 33444 INSURER C : Auto - owners Insurance Company 18988 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. 'AD POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ l , 0 0 0 , O 0 0 A X COMMERCIAL GENERAL LIABILITY GPL - 4886122 - 02 03 / 19 / 11• 03 / 19 / 12 PREMISES (Ea occurrence) $ 100 , 000 CLAIMS-MADE F OCCUR MED EXP (Any one person) $ 5 , 0 0 0 X Pollution Liab , S PERSONAL & ADV INJURY $ 11000 , 000 GENERAL AGGREGATE $ 2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP/OP AGG $ 2 , 000 , 000 X POLICY PRO LOC JECT $ AUTOMOBILE LIABILITY COMBINED BI DNGLE LIMIT ( Ea accident) $ 11000 , 000 C X ANY AUTO 48 - 613 - 082 - 00 10 / 29 / 10 10 / 29 / 11 BODILY INJURY (Per person ) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS ( Per accident) X NON-OWNED AUTOS $ N UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION WC 009 - 93 - 7012 04 / 12 / 11 04 / 12 / 12 X TORYLIMITS OTFF ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIV� E.L. EACH ACCIDENT $ 500 , 000 OFFICERIMEMBER EXCLUDED? ! - ' I 1A — (Mandatory In NH ) E. L. DISEASE - EA EMPLOYEE $ 5 O O , O O O If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500 , 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space Is required) Project : Indian . River County Bid No . 2011033 . Asbestos Abatement of 6 Structures ( Gifford Gardens Apartments ) Additional Insured on General Liability as required by written agreement : Indian River County . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE INDRIVE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . Indian River County AUTHORIZED REPRESENTATIVE 1800 27th Street Vero Beach FL 32960 c 1988-2009 ACORD CORPORATION . All rights reserved . ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD � . F AGREEMENT THIS AGREEMENT made and entered into this 31 day of March , 2011 ) by and between All Phase solutions , LLC 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 # 2011033 Asbestos abatement of six ( 6 ) structures known as Gifford Garden Apartments 4730 401" Avenue , Vero Beach Fl . Parcel I . D . #32 - 39 - 22 - 00000- 5000 - 00018 . 9 ; CONTRACTOR , as an independent CONTRACTOR and not as an employee , shall furnish , for the sum of Twelve Thousand Seven Hundred Dollars ($ 12 , 700 . 00) , all necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents for the Asbestos Abatement portion of the bid . Article 2 . TIME OF COMPLETION 30 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 . 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 detennination 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 .