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HomeMy WebLinkAbout2011-181 / ► � / i t 13 • b /. / COST SHARING AGREEMENT c between INDIAN RIVER COUNTY and RUSSELL J . KELLY THIS COST SHARING AGREEMENT made this ' 3, 6 day of August , 2011 by and between INDIAN RIVER COUNTY , a political subdivision of the State of Florida , hereinafter referred to as County , whose address is 1801 27th Street , Vero Beach , FL 32960 and RUSSELL J . KELLY , a single man , hereinafter referred to as Kelly , whose address is 905 Bowline Drive , Vero Beach , FL 32963 agree as follows : WHEREAS , Kelly is the owner of a single family residence located at 905 Bowline Drive , Vero Beach , Florida ; and WHEREAS , the Kelly property is in the Moorings Subdivision and the property abuts a canal that leads to the Indian River Lagoon ; and WHEREAS , the County is responsible for the maintenance and repair of stormwater drainage facilities within the Moorings Subdivision ; and WHEREAS , on the northern border of the Kelly property , the County has a 10 - foot easement for drainage purposes of stormwater runoff from Bowline Drive into the canal ; and WHEREAS , investigation reveals that the drainage pipe running along the northern edge of the Kelly property has broken near the seawall that exists along the canal causing erosion and undermining of the seawall so that it now leans at an angle to the west instead of being perpendicular ; and WHEREAS , the parties agree that it would be in their mutual best interest to repair the broken pipe and the seawall at the same time ; and WHEREAS , the parties agree to share equally the costs of repair to the seawall and the pipe , NOW , THEREFORE , for good and valuable consideration exchanged between the parties , the County and Kelly agree as follows : 1 . The above recitations are true and accurate . 2 . Kelly has solicited estimates for repair of the leaning seawall and broken pipe from three ( 3 ) licensed contractors experienced in this type of repair and has agreed to choose the lowest and most responsive bidder . 1 3 . The lowest and most responsive bidder is Wilco Construction , Inc . , 28 North Causeway Drive , Unit 1 , Fort Pierce , FL 34946 . 4 . In order to repair the pipe and the leaning seawall , the cost will not exceed $ 17 , 270 . 00 . Wilco Construction has agreed to pull all permits necessary for repair of seawall and pipe . 5 . Wilco shall not commence work until it has obtained all the insurance required under this section , and until such insurance has been approved by the County . Wilco will agree to list the County as an additional insured on its liability insurance and provide the following types of coverage : A . Workers ' Compensation Insurance : Wilco shall procure and maintain workers ' compensation insurance to the extent required by law for all its employees to be engaged in work under this agreement . Be Public Liability Insurance : Wilco shall procure and shall maintain broad form commercial general liability insurance and commercial automobile liability insurance in amounts not less than shown below . The County shall be an additional named insured on this policy with respect to all claims arising out of the operations or work to be performed . C . Commercial General Liability : $ 500 , 000 combined single limit ( other than automobile) for bodily injury and property damage . i ) Premises/Operations ii ) Independent Contractors iii ) Products/Completed Operations iv) Personal Injury D . Business Auto Liability : $ 500 , 000 combined single limit for bodily injury and property damage . i ) Owned /Leased Automobiles ii ) Non - Owned Automobiles iii ) Hired Automobiles 6 . In exchange for repair of the pipe and seawall , the County will pay 50 % of the cost of repairs not to exceed $ 8 , 635 . 00 . This amount shall be paid jointly to Wilco Construction and Russell J . Kelly upon receipt of all lien releases or other encumbrances or indentures directly related to the contractual relationship between Wilco Construction and Kelly . 7 . Kelly agrees to work with the County and provide copies of any plans , drawings , or sketches created for Wilco for the repair of the pipe and seawall . The County has the right to approve said plans within 10 business days receipt thereof . 2 8 . Miscellaneous , A Controlling Law , This Agreement shall be construed and enforced in accordance with the laws of the State of Florida . Venue shall be in Indian River County for all state court matters , and in the Southern District of Florida for all federal court matters . Be Entire Agreement . This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements , written or oral , between Kelly and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties . C . Assignment and Binding Effect . Neither Kelly nor County may assign its rights and obligations under this Agreement without the prior written consent of the other party . The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns . D . Notices . Any notice shall be deemed duly served if personally served or if mailed by certified mail , return receipt requested , or if sent via " overnight" courier service or facsimile transmission , as follows : If to Seller : If to County : Russell Kelly Indian River County 905 Bowline Drive 1801 27th Street Vero Beach , FL 32963 Vero Beach , FL 32960 Attn : Public Works Director Either party may change the information above by giving written notice of such change as provided in this paragraph . E . Attorney' s Fees and Costs_ In any claim or controversy arising out of or relating to this Agreement , each party shall bear its own attorney' s fees , costs and expenses . F. County Approval Required : This Agreement is subject to approval by the Indian River County Board of County Commissioners 3 IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date first set forth above . INDIAN RIVER COUNTY , FLORIDA BOARD OF COUNTY COMMISSIONERS By : By : _ �d11�_ Russell J . Kelly Bob Solari , Chairman L , . . . . . . , ssoy Date Signed : r 7 l BCC Approved : August 16 , 2og�;•' ' .F�• t � f ' I • Approved as to form and I g I sufficiency : Attest : J . K . BjaFE n , Clerk 'y�y•..• 'i :08 # 07 \ B hoop William , K . eBraal Deputy erk Deputy County Attorney 4 PROPOSAUCONTRACT WILCO CONSTRUCTION INC'. 28N CAUSEWAY DR UNIT 91 FT. PIERCE, FL 34946 PH 772460F=6928 772460-6929 CGC: #1507437 W W W_ .:W ILCOMARINECONSTRUCTION:COM PROPOSAL SUBMITTED TO. - pESCRIPTION OF JOB: . SCHUTT BUILDERS KELLY RESIDENCE, SEAWALL 1114 17TH`ST 905 BOWLINE DR VERO BEACH , FL 32960 MOORINGS CLUB. PH° 772-569w4999 WE HEREBYSUBMIT' SPECIFICATIONS AND ESTIMATES FOR: A. BALANCE OF PROPERTY (RECOMMENDED) 1. FURNISH AND INSTALL UP TO 21 L FT OF BATTER PILE TYPE REPAIR ON EXISTING W FALL (MATCH SOUTH ENDO WALL) 2. FURNISH AND INSTALL UP TO. 12 L FT:ONEW BATTER SLAB TYPE SEAWALL (AT PIPE AREA) COST -- $140980.00 B. FILUSOD 1 , FURNISH AND INSTALL UP TO 18 YDS FILL DIRT AND 1 PALLET SOD COST -- $690.00 NOTES: 1 , WILCO CONSTRUCTION CARRIES U . S.L. & H WORKERS COMPENSATION INSURANCE ASPER ;FEDERAL REGULATIONS FOR MARINE CONSTRUCTION , 2. ACCESS FOR EQUIPMENT, MATERIALS, ANDD CREW°REQUIRED 3: PERMITS AND ASSOCIATED COSTS'EXTRA AT COST`(APPROX COST $1 ;600.00) 4. EXCLUDED: LANDSCAPE, IRRIGATION, ELECTRIC, PLUMBING , STORM DRAIN WORK/REPAIR . (BEYOND SEAWALL CONNECTION) AND/OR ANY WORK BEYOND STATED ABOVE, PAYMENTS AS'F L9 LOM- 10% UPON CONTRACT , 50% OF CONTRACT UPON 'COMMENCEMENT OF WORK AND BALANCE UPON INSTALLATION: DATE: AUTHOR14D'.SIGNATURE: 7/28/2011' , ROBERT WILLIAMS IHAVE;READ THIS PROPOSAIJCONTRACTAND UNDERSTAND1TS, TERMSAND CONDITIONS 'AND ACCEPT THE SAME INCLUDING THOSE'ON THE REVERSE SIDE OF THIS FORM, WILCO IS AUTHORIZED TO DO THE WORK SPECIFIED IN THE:CONTRACT ONLY. PAYMENT MADE AS STATED ABOVE. ALL INVOICES ARE PART OF THISIPROPOSALICONTRACT, DATE: SIGNATURE: Terms & Conditions 1 , The Proposal becomes a binding Contract upon the signing by customer andbr owner. For purposed of this contract, :the terms aislomer and ownei are one and the same. 2. Any and all change orders requested bycustomer'must be approved by Wiles Constnuc6n the in writing,ortheyare'deemed nub and void. Any and all . approved change orders approved by Wiloo Construction Inc include full accord antl sefisfectionlanguage. Any and all alterations from work specified in the `Specifications & Estimates' section of the Proposal/Contract entail extra costs and automatically become additional charges to be paid by customer over and above the estimalelquote noted in said.section. 3, Wilco Construction Inc performs and completes work'in a workmanlike manner according to industry standards existing at the Urna.work iri:peftiW. Wilco Construction Inc is not responsible in any manner for the condition of land or any property prior to the date of this ProposaVContractor Wilco's Construction Inc commencement of work. Wiles Construction Inc'is not responsible for any damages to land:or any, property existing prior to the date of this Proposal/Contract or Wilco's Construction inc commencement of work. Wilco Construction Inc and customer, agreethat customer has examined and investigated1he condition.of the land and all properly{including buildings and structural integrity] Odor to the date of this Proposal/Contract and Wilco's Construction Inc commencement of work. Under no cl=rnstences is Wiloo Construction Inc. responsible.for any form of sinking orcracking of buildings, structures or any property. 4. Wilco:Construction Inc is not responsible for repairing or correcting any work other than as written and/or, agreed to in this Proposal/Contract 5. Customer and/or owner, and not Wilco Construction Inc, agree to and will procure any and all required insurance including, but not limited to fire„hurricane, wind; rain,"flood or other type of natural disaster insurance. Customer and/or owner agree that Wiloo Construction Inc obtains, builder's risk insurance only upon payment by customer "or:owner for. the same and only if such insurance is written in this Proposal/Contract B. This ProposabContractshall tie interpreted and governed by the;laws of the State of;Flodda . Anyand:ail litigatiorrbetwaen Wilco Construction Inc and/or customer and/or owner must be litigated inFlorida'aInd any such suit filed by a customer or owner can only,be filed atter at least one (1) formal attempt at mediation of the dispute odor to.litigation with an agreed upon mediator in Florida H.deemed appropriate, Wiloo Construction Inc can commenceflitigation without the need for preliminary mediation; 7. This PmposallContradt may not be amended or modified in any manner except by:a written instrument executed by the parties hereto. 8: No consent or waiver, express or. implied,.by Wilco Construction Inc to or of any breach or default by the customer iothe perfomiance by such customer of the obligations thereof under this contract shall be deemed or construed lobe a consent or waiver to or of any other breach or default In the performance by such customer under this contract 9, if any. provision of the Proposal0ritract is held tobe illegal, invalid or unenforceable, there will be added in lieu thereof a provision as similar. in terms to:such provision as is possible and be legal, valid and enforceable, 10: Should customer and/or owner fail to payany amoungs) .to Wilco Construction Inc under this ProposaVContracL or otherwise comply with any obligation owed Wilco Construction Inc, Wilco Construction Inc will be and is entitled to collect its reasonable attomey's fees, costs and expenses [from customer and/or owner]for any and all of its collection efforts1ricluding any legal action brought for such ,purpose and/or to enforce this Proposal/Contract or any.provision hereof. Same applies to Wiloo Construction inc,(prevailing party wheather owner/customer or Wilco Construction Inc. ds entitled to reasonable attorney. fees/costs) 114 This ProposaVContract contains the entire understanding between the parties and the terms and conditions set forth heroin suparcede any prior drafts of this contractheretofore executed by either party hereto.and all priorcorrespondence and wrifings between the parties relative to the subject matter hereof. 'There are no other representations; stipulations, warranfies; agreements or understandings with respect to the subject matterof this contractwhich anent hltly expressed within this Proposal/Contract Neither this contract nor its execution has been induced by any representation, stipulation; warranty, agreement or understanding of any kind other than those Herein expressed. 12; All notices; requests and other communications provided for herein shall begivenin writing delivered bycourier to Wilco ConstructionInc at the addresses set forth on top of. PmposaVConfract or such other addresses as.Wiloa Construction Incmay designate pursuant to these provisions. 13. Wilco Construction Inc reserves the right to withdraw this Proposal/Contract 9 not accepted by customerand/or owner within 15 days of its submission by Wilco Construction Inc, to same. 14. All unpaid 'balances are subject to interest at statutory rates. 15. Customer and/or owner agree to provide access to job site asmell as offset stakes by a licensed surveyor. i6: Customer and/or owner has the capacity and authority to execute Nis Proposal/Contract, 17. Customer and/or owner agree to hold harmless and indemnify Wilco Construction Inc for any and all claims related to noise, vibration damage, oil spillage or fall out, and stockpile or equipment damages of any kind. 18. Witco Construction Inc does riot assume any. responsibility for any permits, plans, drswings;or any engineering of any kind unless specified herein 19. No provision of the contract will be interpreted against Wilco Construction Inc by reason of the extent to which it participated Inthe dreffing .thereof or by reason of the extent to which any such.provision is:inconsistenlesith any prior draft hereoi or thereof. IN WITNESS WHEREOF, the undersigned parties hereto have executed this contract as of the date written below. I HAVE READ THIS PROPOSAL/CONTRACT AND UNDERSTAND ITS TERMS AND.CONDITIONS AND ACCEPT THE SAMEiNCLUDINGTHOSE ON.THE REVERSE SIDE OF THIS FORM: WILCO, IS AUTHORIZED TO DO,THE WORK SPECIFIED IN THIS CONTRACT ONLY, PAYMENT MADE AS STATED ABOVE, ALL INVOICES ARE, PART OPTHIS PROPOSAUCONTRACT.