HomeMy WebLinkAbout2016-121A 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 Summit Construction of Vero
Beach, LLC(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1-WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally
described as follows:
Demolition of County-Owned Structure at 1990 25'Street,Vero Beach
ARTICLE 2-THE PROJECT
The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
Project Name: Demolition of 1990 25`h Street
Bid Number: 2016050
Project Address: 1990 25`h Street,Vero Beach, FL 32960
ARTICLE 3-CONTRACT TIMES
3.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final
payment as stated in the specifications are of the essence of the Agreement.
3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be completed and ready for final payment on or before the 90th day after the date when the
Contract Times commence to run.
303 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will
suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus
any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will
commence for this portion of work.The parties also recognize the delays,expense,and difficulties involved
in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated
damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $763.00 for each calendar day
that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until
the Work is completed and ready for final payment.
Page 1 of 6
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 4.01.6, 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:$109,000.00
Written Amount:one hundred nine thousand dollars and zero cents
ARTICLES-PAYMENT PROCEDURES
5.01 Method of Payment
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.).
5.02 Acceptance of Final Payment as Release
The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the
OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may
be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work
under this Agreement and for every act and neglect of the OWNER and others relating to or arising out
of the work.Any payment, however,final or otherwise,shall not release the CONTRACTOR or its sureties
from any obligations under this Agreement,the Invitation to Bid or the Public Construction Bond.
ARTICLE 6-INDEMNIFICATION
6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from
liabilities,damages,losses and costs,including,but not limited to, reasonable attorney's fees,to the extent
caused by the negligence, recklessness,or intentional wrongful misconduct of the CONTRACTOR and
persons employed or utilized by the CONTRACTOR in the performance of the Work.
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.
Page 2 of 6
i
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.
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 Contents
A. The Contract Documents consist of the following:
1. This Agreement(pages 1 to 7, inclusive);
2. Notice to Proceed
3. Certificate(s)of Liability Insurance
4. Invitation to Bid and all Attachments
5. Addendum Number 1;
Page 3 of 6
6. CONTRACTOR'S Bid Form (pages 12 to 13 of 25, inclusive);
7. Bid Bond(pages 1 and 2, inclusive);
8. Affidavit of Compliance(page 14 of 25);
9. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships
(pages 15 to 16 of 25, inclusive);
14. The following which may be delivered or issued on or after the Effective Date of the Agreement and
are not attached hereto:
a) Written Amendments;
b) Work Change Directives;
c) Change Order(s).
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 Agreement 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.
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.
Page 4 of 6
9.05 Venue
A. 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 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 required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time 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 for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to the County
(4) Upon completion of the contract, transfer, at no cost,to the County all public records in possession of the
Contractor or keep and maintain public records required by the County to perform the service. If the Contractor
transfers all public records to the County upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the contract, the
Contractor shall meet all applicable requirements for retaining public records. All records stored electronically
must be provided to the County, upon request from the Custodian of Public Records, in a format that is
compatible with the information technology systems of the County.
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
1801 271h Street
Vero Beach, FL 32960
C. Failure of the Contractor 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.
Page 5 of 6
•
This Agreement will be effective on August 16 2016 (the date the Agreement is approved by the Indian
River County Board of County Commissioners,which is the Effective Date of the Agreement).
OWNER: CONTRACTOR:
INDIAN RIVER COUNTY Summit Construction of Vero Beach LLC
r
By: By: �__(
Bob olari,Chairm (Contractor)William B. Schuh, Owner
By: _. (CORPORATE SEAL)
Jason E. erow1n, County Administrator =
Attest
APPROVED AS TO FORM AND LEG IENCY:
By:
n Reingold,County Attorney Address for giving notices:
2837 Flight Safety Drive
Vero Beach, FL 32960
Jeffrey R.Smith,Clerk of Court and Comptroller
License No. CBC 1259095
Attest: (2.�� r •.__,� (Where applicable)
Deputy Clerk ,••�.t C...... SSi••
(SEAL) .�oJ '...,..0 hi �;'✓F�• Agent for service of process:
Designated Representative:
Chris Burr = i Designated Representative:
Facilities Manager ;q'•. .;pmt Name: William B. Schuh
4305A 43`d Ave,Vero Beach, FL 3299-f4k;000Nr�.�oQf• Title: Managing Member - Owner
772-226-3490 Address:
cburr@ircgov.com 2837 Fligh Safety Drive
Vero Beach, FL 32960
Phone: 772-794-2099
Email: brad@summitcm.net
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
Page 6 of 6