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HomeMy WebLinkAbout2011-056 P _ AGREEMENT THIS AGREEMENT made and entered into this 6th day of April , 2011 by and between cross Environmental services 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 Demolition and Removal of six ( 6 ) structures known as Gifford Garden Apartments , 4730 401h Avenue, Vero Beach F1 . 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 Sixty Seven Thousand Two Hundred Twenty Dollars ( $ 67 , 220 . 00) , all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents for the Demolition and Removal portion of the bid . Demolition Contractor must strictly adhere to section 5 . 5 " SPECIFIC RECOMMENDATIONS " OF THE EE & G Pre- Demolition Asbestos Survey Report. The Demolition Contractor is responsible for providing the required airborne fiber monitoring by a properly licensed consultant/contractor . Article 2 . TIME OF COMPLETION 41 90 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 . AGREEMENT THIS AGREEMENT made and entered into this 6 t h day of April , 2011 by and between Cross Environmental services 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 Demolition and Removal 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 Sixty Seven Thousand Two Hundred Twenty Dollars ( $ 67 , 220 . 00) , all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents for the Demolition and Removal portion of the bid . Demolition Contractor must strictly adhere to section 5 . 5 " SPECIFIC RECOMMENDATIONS " OF THE EE & G Pre- Demolition Asbestos Survey Report. The Demolition Contractor is responsible for providing the required airborne fiber monitoring by a properly licensed consultant/contractor . Article 2 . TIME OF COMPLETION 90 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 . 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 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 . n 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, Plorida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida . ( Contractor) ( Owner) Indian River County, Florida res Eenit - Clyde A . Liston Bob Solari,, BCC Chairman Witnessed by : Approved by BCC 03 - 08 - 11 Attest : FAn /J Jeffrey K . Barton , Clerk of Circuit Court 11�- rd , County Administrator By : Deputy Clerk po Form and e 1 ficiency 3 �. `•f' "'••-:? ; VO:.. BY County Attorney ; 'fin ***J RCOUi �'�••ggNlNr. r :n� r 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 final 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 . n 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, Plorida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida . ( Contractor) ( Owner) Indian River County, Florida res Eenit - Clyde A . Liston Bob Solari,, BCC Chairman Witnessed by : Approved by BCC 03 - 08 - 11 Attest : FAn /J Jeffrey K . Barton , Clerk of Circuit Court 11�- rd , County Administrator By : Deputy Clerk po Form and e 1 ficiency 3 �. `•f' "'••-:? ; VO:.. BY County Attorney ; 'fin ***J RCOUi �'�••ggNlNr. r :n� r ^ 9051 '4 p® CERTIFICATE OF LIABILITY INSURANCE DAT4'1412D/YYYY) 4/4!2011 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 ( les) 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 CONTACT Selina Palermo Commercial Lines - ( 813 ) 639-3000 NAME: Wells Fargo Insurance Services USA, Inc . PHONE . (813 ) 639- 3092 FAX No) : (813 ) 639-7180 E-MAIL o . com alermo wellsfar 2502 N . Rocky Point Drive , Suite 400 ADDRESS : Selina . P @ 9 INSURER(S) AFFORDING COVERAGE NAIC # Tampa , FL 33607 INSURER A : Nautilus Insurance Company 17370 INSURED Cross Environmental Services , Inc. INSURER B : Great Divide Insurance Company 25224 P . 0 . Box 1299 INSURER C : INSURER D : INSURER E : ! Crystal Springs , FL 33524 INSURER F : COVERAGES CERTIFICATE NUMBER : 2609907 REVISION NUMBER: See below 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 . INSR I ADDL SUBR POLPOLICY NUMBER MM/DIDY EFF/YYYY MM DDYEXP /YYYY LTR TYPE OF INSURANCE LIMITS A GENERAL LIABILITY ECP0150718012 11 / 1 /2010 11 / 1 /2011 DAMAGE TO RENTED _ $ 1 ,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGES ( RENTED 100,000 PREMISES Ea occurrence S CLAIMS-MADE OCCUR BI / PD Combined MED EXP (Any one person) $ 5,000 X XCU not Excluded $ 5 , 000 Ded Per Claim PERSONAL & ADV INJURY S 1 ,000,000 X Broad Form PD GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICYX PRO- LOC Max Agg Per Policy $ 10,000,000 B AUTOMOBILE LIABILITY BAP150717912 11 / 1 /2010 11 / 1 /2011 COMBINED SINGLE LIMIT 1 ,000,000 Ea accident X ANY AUTO BODILY INJURY (Per person) S ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS AUTOS Per accident S x Basic PIP - $ 1X is A uMBRELLALIAB X OCCUR FFX150718112 11 /1 /2010 11 /1 /2011 EACH OCCURRENCE - $ 1 ,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1 ,000,000 DED X I RETENTION $ 10,000 $ WORKERS COMPENSATION X WC STATU- OTH- S AND EMPLOYERS' LIABILITY y / N WCA150903612 03/01 /2011 03/01 /2012 1 TORY Ll IT ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1 ,000,000 OFFICER/MEMBER EXCLUDED? � N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ 1 ,000,000 If yes, describe under 1 ,000,000 DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT $ A Contractors Pollution Liab ECP0150718012 11 /1 /2010 11 /1 /2011 $ 1 ,000,000 Each Pollution Condition/$2,000,000Agg $ 5 , 000 Ded . Each Claim Mold Limit $1 ,000, 000/$2,000,000 w/S5,000 Ded. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space is required) REBID #2011033 RE : INDIAN RIVER COUNTY BID NO . 2011033 , DEMOLITION OF SIX (6 ) STRUCTURES ( GIFFORD GARDENS APARTMENTS ) . INDIAN RIVER COUNTY IS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE INDIAN RIVER COUNTY THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN BUILDING DEPARTMENT ACCORDANCE WITH THE POLICY PROVISIONS . 1840 - 25th STREET AUTHORIZED REPRESENTATIVE �( �� VERO BEACH , FL 32960 I The ACORD name and logo are registered marks of ACORD © 1988 -2010 ACORD CORPORATION . All rights reserved . ACORD 25 (2010105) ^ 9051 '4 p® CERTIFICATE OF LIABILITY INSURANCE DAT4'1412D/YYYY) 4/4!2011 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 ( les) 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 CONTACT Selina Palermo Commercial Lines - ( 813 ) 639-3000 NAME: Wells Fargo Insurance Services USA, Inc . PHONE . (813 ) 639- 3092 FAX No) : (813 ) 639-7180 E-MAIL o . com alermo wellsfar 2502 N . Rocky Point Drive , Suite 400 ADDRESS : Selina . P @ 9 INSURER(S) AFFORDING COVERAGE NAIC # Tampa , FL 33607 INSURER A : Nautilus Insurance Company 17370 INSURED Cross Environmental Services , Inc. INSURER B : Great Divide Insurance Company 25224 P . 0 . Box 1299 INSURER C : INSURER D : INSURER E : ! Crystal Springs , FL 33524 INSURER F : COVERAGES CERTIFICATE NUMBER : 2609907 REVISION NUMBER: See below 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 . INSR I ADDL SUBR POLPOLICY NUMBER MM/DIDY EFF/YYYY MM DDYEXP /YYYY LTR TYPE OF INSURANCE LIMITS A GENERAL LIABILITY ECP0150718012 11 / 1 /2010 11 / 1 /2011 DAMAGE TO RENTED _ $ 1 ,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGES ( RENTED 100,000 PREMISES Ea occurrence S CLAIMS-MADE OCCUR BI / PD Combined MED EXP (Any one person) $ 5,000 X XCU not Excluded $ 5 , 000 Ded Per Claim PERSONAL & ADV INJURY S 1 ,000,000 X Broad Form PD GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICYX PRO- LOC Max Agg Per Policy $ 10,000,000 B AUTOMOBILE LIABILITY BAP150717912 11 / 1 /2010 11 / 1 /2011 COMBINED SINGLE LIMIT 1 ,000,000 Ea accident X ANY AUTO BODILY INJURY (Per person) S ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS AUTOS Per accident S x Basic PIP - $ 1X is A uMBRELLALIAB X OCCUR FFX150718112 11 /1 /2010 11 /1 /2011 EACH OCCURRENCE - $ 1 ,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1 ,000,000 DED X I RETENTION $ 10,000 $ WORKERS COMPENSATION X WC STATU- OTH- S AND EMPLOYERS' LIABILITY y / N WCA150903612 03/01 /2011 03/01 /2012 1 TORY Ll IT ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1 ,000,000 OFFICER/MEMBER EXCLUDED? � N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ 1 ,000,000 If yes, describe under 1 ,000,000 DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT $ A Contractors Pollution Liab ECP0150718012 11 /1 /2010 11 /1 /2011 $ 1 ,000,000 Each Pollution Condition/$2,000,000Agg $ 5 , 000 Ded . Each Claim Mold Limit $1 ,000, 000/$2,000,000 w/S5,000 Ded. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space is required) REBID #2011033 RE : INDIAN RIVER COUNTY BID NO . 2011033 , DEMOLITION OF SIX (6 ) STRUCTURES ( GIFFORD GARDENS APARTMENTS ) . INDIAN RIVER COUNTY IS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE INDIAN RIVER COUNTY THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN BUILDING DEPARTMENT ACCORDANCE WITH THE POLICY PROVISIONS . 1840 - 25th STREET AUTHORIZED REPRESENTATIVE �( �� VERO BEACH , FL 32960 I The ACORD name and logo are registered marks of ACORD © 1988 -2010 ACORD CORPORATION . All rights reserved . ACORD 25 (2010105) P _ AGREEMENT THIS AGREEMENT made and entered into this 6th day of April , 2011 by and between cross Environmental services 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 Demolition and Removal of six ( 6 ) structures known as Gifford Garden Apartments , 4730 401h Avenue, Vero Beach F1 . 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 Sixty Seven Thousand Two Hundred Twenty Dollars ( $ 67 , 220 . 00) , all of the necessary labor, material , and equipment to perform the work described in accordance with the Contract Documents for the Demolition and Removal portion of the bid . Demolition Contractor must strictly adhere to section 5 . 5 " SPECIFIC RECOMMENDATIONS " OF THE EE & G Pre- Demolition Asbestos Survey Report. The Demolition Contractor is responsible for providing the required airborne fiber monitoring by a properly licensed consultant/contractor . Article 2 . TIME OF COMPLETION 41 90 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 .