HomeMy WebLinkAbout2016-107G 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 PARKSON CORPORATION (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:
Headworks Screen and Compaction Equipment Refurbishment at the Central Regional Facility located at
3550 49th Street,Vero Beach and the West Regional Facility located at 8405 8th 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: Headworks Screen and Compaction Equipment Refurbishment
Bid Number: 2016037
Project Address: Central Regional Facility located at 3550 49th Street,Vero Beach
and the West Regional Facility located at 8405 8th Street,Vero
Beach.
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 -day after the date
when the Contract Times commence to run. 8(� ►
3.03 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$1,148.00 for each calendar day that expires after the time specified in paragraph 3.02
Page 1 of 7
for completion and readiness for final payment until the Work is completed and ready for final
payment.
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:$274,295.00
Written Amount: Two hundred seventy four thousand,two hundred ninety five dollars and
zero cents
ARTICLES-PAYMENT PROCEDURES
5.01 Progress Payments.
A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the
approved partial payment request as recommended by ENGINEER in accordance with the
provisions of the Local Government Prompt Payment Act,Florida Statutes section 218.70 et.
seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the
CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%)
completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER
shall retain five percent (5%) of the payment amount due to CONTRACTOR until final
completion and acceptance of all work to be performed by CONTRACTOR under the Contract
Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%)
completion means the point at which the County as OWNER has expended fifty percent
(50%) of the total cost of the construction services work purchased under the Bid and
Specification Documents,together with all costs associated with existing change orders and
other additions or modifications to the construction services work provided under the
Contract Documents.
5.02 Pay Requests.
A. Each request for a progress payment shall contain the CONTRACTOR'S certification.-All
progress payments will be on the basis of progress of the work measured by the schedule
of values established, or in the case of unit price work based on the number of units
completed.After fifty percent(50%)completion,and pursuant to Florida Statutes section
218.735(8)(d),the CONTRACTOR may submit a pay request to the County as OWNER for
up to one half(1/2) of the retainage held by the County as OWNER, and the County as
OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the
subject of a good faith dispute;the subject of a claim pursuant to Florida Statutes section
255.05(2005);or otherwise the subject of a claim or demand by the County as OWNER or
the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is
attributable to the labor, services, or materials supplied by one or more subcontractors
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or suppliers, the Contractor shall timely remit payment of such retainage to those
subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005),
CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall
receive immediate written notice of all decisions made by CONTRACTOR to withhold
retainage on any subcontractor at greater than five percent(5%)after fifty percent(50%)
completion;and 2)CONTRACTOR will not seek release from the County as OWNER of the
withheld retainage until the final pay request.
5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as
OWNER which are paid for, in whole or in part,with federal funds and are subject to federal grantor laws
and regulations or requirements that are contrary to any provision of the Local Government Prompt
Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant
requirements and guidelines.
5.04 Acceptance of Final Payment as Release.
A. 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.
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
Page 3 of 7
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. Public Construction Bond(pages_to___,inclusive);
4. Certificate of Liability Insurance
5. CONTRACTOR'S Bid Form(page 12 of 27);
6. Bid Bond(pages 1 and 2 inclusive);
7. Qualifications Questionnaire(page 1 to 4 inclusive);
8. Affidavit of Compliance(page 13 of 27);
9. Warranty Information Form(page 16 of 27)
Page 4 of 7
10. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships(pages 14 to 15 of 27, inclusive);
11. 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.
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.
Page 5 of 7
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
publicrecordsLa@ircgov.com
Indian River County Office of the County Attorney
180127th Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of this
Agreement.
Page 6 of 7
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.
This Agreement will be effective on July 12 20 16 (the date the Agreement is approved by
the Indian River County Board of County Commissioners,which is the Effective Date of the Agreemert)';-
OWNER: CONTRACTOR: T -_
INDIAN RIVER
COUNTY
By: G '
B ari,Chair (Contractor)
By: CORPORATE SEAL)
Jason E Brow ,County Administrator
Attest
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By:
Dyla mgold,County Attorney Address for Living notices:
o r�ss loo
Jeffrey R.Smith,Clerk of Court and Comptroller
License No.
Attest: e (�- (Where applicable)
Deputy Clerk
(SEAL) .••••••••••• . Agent for service of process:
Representative Designated =o���yCo�'M,SS,o�✓`��s:
g p �•
Name: Designated Representative:
Title: Name:
Address: :Q'• Title:
Phone o� `j Address:
Email ••/L9��EA COU��Zy
Phone:
Email:
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
Page 7 of 7
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A�ROeO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/O7R7/207YYYV)
2016
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 IS),
AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT,If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or 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).
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PRODUCER CONTACT �
Aon Risk Services Central, Inc NAME:
PHONE (866) 283-7122 FAX 800-363.0105 y
Philadelphia PA office INC.No.E.q:
One Liberty Place E-MNL c
1650 Market Street ADDRESS. _
Suite 1000
Philadelphia PA 19103 USA INSVRER(S)AFFORDING COVERAGE NAIL P
INSURED INSURER A: Zurich American Ins Co 16535
Parkson Corporation
A Division of Lexa International INSURER e: American Zurich Ills CO 40142
185 International Drive INSURER C:
Portsmouth NH 03801 USA INSURER O:
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER:570063173283 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.INSR Limits shown are as requested
LTR TYPE OF INSURANCE IN WVO POLICY NUMBER MWDDYYY /i'
MM/DDYYY LIMITS
A MX COMMERCIAL GENERAL LIABILITY GLO EACH OCCURRENCE S1,000.005
CLAIMS-MADE OX OCCUR PREMISES(Es o<cunence KtNILU61'000'000
MED EXP(Anyone person) 610,000
PERSONAL&AOV INJURY 51,000,000 m
GEN'L AGGREGATELaLOC IIMIT APPLIES PER: GENERAL AGGREGATE
POLICY O 51,000,000
X JECT PRODUCTS COMP/OPAGG 51,000,000 n
OTHER: p
0
A AUTOMOBILE LIABILITY BAP 6516296-25 06/01/2016 06/01/2017 comeNED SINGLE LIMIT '^
Eaacddem 61,000,000
X ANY AUTO BODILY INJURY(Per person) O
OWNED AUTOS ONLY AUTOS 2
SCHEDULED BODILY INJURY(Per occldem)
.O.
HIRED AUTOS NON-OWNED PROPERTY DAMAGE U
ONLY AUTOS ONLY Par aCtide nl
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C)
UMBRELLA LIAB OCCUR EACH OCCURRENCE U
EX'ESS L'. CLAIMS-MADE AGGREGATE
DEO RETENTION
e WORKERS COMPENSATION AND wc67560 824 06/01/2016 06 O1 2017PER
EMPLOYERS'LIABILITY YIN AOS X STATUTE ORH
W
A ANY PROPRIETOR(PARTNERI EXECUTIVE E.L.I:ACH ACCIDENT 51,000,000
OFFICEMEMBER EkCtU0ED7 NIA wC651613126 06/01/1016 06/01/2017
(Mend.tory In NH) MA E.l.DISEASE-EA EMPLOYEE S1,000,000
II yes,de.cnba under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 61,000,000-
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORO 101,Addlllonsl Remarks Schedule.may 6e.n.cbed It more space Is required)
Indian River Board of County Commissioners is included as an Additional insured on the above General Liability and Automobile
Liability policies with respect to the liability assumed only under a valid contract with the Insured for claims resulting from
the actions of the insured A waiver of subrogation in favor of Elie Certificate Holder applies General Liability and
Automobile Liability Insurance coverage listed here 15 Primary, Non-contributory t0 any insurance maintained by the Certi fl Cd to
Holder This extension of coveragge is contingent upon requirement of same in executed contract with insured p nor to a loss 30 ? `
Day Notice of Cancellation will be given co the certificate holder where required by written contract or agreement via
endorsement numbers. u CA 812 A CW, U GL 1446 A CW, WC 99 06 33
L
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED W ACCORDANCE WITH THE
POLICY PROVISIONS.
Indian River Board Of County
Commissioners AUTHORIZED REPRESENTATIVE
Attn Purchasing � p L1
1800 Bee.�P�ith Street (^
vero Beach FL 32960 USA
01988.2015 ACORO CORPORATION.All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD