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HomeMy WebLinkAbout2015-080AS.T ao5-OO19 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Briggs Golf Construction, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTORin consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Lakes bunker re -design on holes 4 & 5 at Sandridge Golf Course. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work generally described as follows: Project Name: Bid Number: Project Address: ARTICLE 3 - CONTRACT TIMES under the Contract Documents may be the whole or only a part is Lakes Bunker Re -Design on Holes 4 & 5 2015035 Sandridge Golf Club 5300 73rd Street Vero Beach, FL 32967 3.01 Term: This Agreement shall remain in effect for a term of one (1) year, unless otherwise sooner terminated by mutual consent of the parties. 3.02 Time of Completion: Project shall be completed 30 days from receipt of the Notice to Proceed. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $ 61,800.00 Written Amount: Sixty-one thousand, eight hundred dollars and zero cents 1 ARTICLE 5 - PAYMENT PROCEDURES 5.01 Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.01 The CONTRACTOR shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the COUNTY's Risk Manager. 6.02 CONTRACTOR shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the CONTRACTOR's fee: A. Workers' Compensation: To meet statutory limits in compliance with the Workers' Compensation Law of Florida. This policy must include employers' liability with a limit $1,000,000 for each accident, $500,000 disease policy limit and $100,000 disease each employee. Such policy shall include a waiver of subrogation as against Owner on account of injury sustained by an employee(s) of the CONTRACTOR. B. General Liability: A per occurrence form policy, including Premise Operations, Independent Contractors, Products and Completed Operations including X, C, U (Explosion, Collapse, Underground) Broad Form Property Damage, Broad Form Property Damage Endorsement, with a combined single limit of not less than $1,000,000 general aggregate to include products/completed operations, personal injury/advertising liability, fire damage /legal liability, and medical payments. Limits can be layered with an Excess Liability Policy (Umbrella). C. Business Automobile Liability: Coverage shall include Owned vehicles and Hired/Non-Owned vehicles, for a combined single limit (bodily injury and property damage) of not less than $1,000,000/combined single limit (Bodily Injury/Property Damage); personal injury protection - - statutory limits; $100,000 uninsured/underinsured motorist; $100,000/hired/non-owned auto liability. Limits can be layered with Excess Liability Policy (Umbrella). 6.03 Contractor's insurance coverage shall be primary. 6.04 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A -VII or better. 6.05 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 6.06 A certificate of insurance shall be provided to the COUNTY's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 6.07 The insurance companies selected shall send written verification to the COUNTY's Risk Manager that they will provide 30 days prior written notice to the COUNTY's Risk Manager of its intent to cancel or modify any required policies of insurance. 2 6.08 CONTRACTOR shall include all Subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein. 6.09 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and to reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONTRACTOR with separate written notice of such adjusted limits and CONTRACTOR shall comply within thirty (30) days of receipt thereof. The failure by CONTRACTOR to provide such additional coverage shall constitute a default by CONTRACTOR and shall be grounds for termination of this Agreement by the COUNTY. 6.10 The CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, arising out of or related to the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 3 G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 The Contract Documents consist of the following: A. This Agreement (pages 1 to 6 inclusive); B. Certificates of Liability Insurance C. Invitation to Bid 2015035 D. CONTRACTOR'S Bid Form (pages 11 to 12 of 21 , inclusive); E. Affidavit of Compliance (page 13 of 21 ); F. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 14 to 15 of 21 , inclusive); G. Addenda 1 through 2 ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 4 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Contract 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 Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Consultant upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. B. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement.IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 5 This Agreement will be effective on April 21 , 2015 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY Wesley S. Davi , hairman By: (0_,,a CONTRACTOR: 1 (96 (,-(7(,r GO,JST U CT"i °id 3Nc. oseph AP Baird, County Administrato a (Contractor) (CORPORATE SEAL) APPROVED AS TO FORM AND SUFFICIENCY: By: LEGAL " an Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and C ptroller Attes Deputy Clerk (SEAL) Designated Representative: Name: Bela Nagy Title: Director of Golf Sandridge Golf Club 5300 73rd Street Vero Beach, FL 32967 (772) 770-5003 Facsimile: (772) 770-5109 6 Address for giving notices,. 13c2 (0 l 5 oh Leve pc 1- License No. L & C 0 5qm (Where applicable) Agent for service of process: 1� O'/ c Designated Representative: Name: 2 eel G6 5 Title: e Address: 1-7-1-,03(40 Iso`E�, cvv� i j-ue 7�Y� � _ X347 Phone: 6(0 (— 5-7S- a-33 Facsimile: 5(o (— 7 t-{ 3 (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.)