Loading...
HomeMy WebLinkAbout2014-121B8.0. av �+ 1a1 6 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 Dato Construction, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in 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 1VtVUI k IS ge ICI ally dtsu IUCD dS IUIIUWS Replacement of Roof at Station #11 ARTICLE 2 - THE PROJECT 2 01 The Project for which the Work under the Contract Documents may be generally described as follows• Project Name Replacement of Roof at Station #11 Bid Number 2014047 Project Address Station #11 2555 93rd Street Wabasso, FL 32967 ARTICLE 3 — TERM AND CONTRACT TIMES 3 01 Terrn 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, to include approval by the Building Division 50 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 $35,639.37 Written Amount Thirty -Five Thousand Six Hundred Thirty- Nine Dollars and Thirty Seven Cents ARTICLE 5 - COMPENSATION 5 01 Owner shall make only one payment for the entire amount of the contract when the work has been completed Payment may be requested per Station, should work at one be completed and approved by the Building Division prior to completion at the second Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. AM 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 6 08 CONTRACTOR shall include all Subcontractors as insured under its policies or shall furnish separate cer:ificates and endorsements for each Subcontractor All coverages for Subcontractors shall be subject tc 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, slate, 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 1hat 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 The Contract Documents consist of the following• A. This Agreement (pages 1 to 8 , inclusive), B Certificate of Liability Insurance C. Invitation to Bid 2014047 D Addenda (numbers 1 to 2 , inclusive); E CONTRACTOR'S Bid Form (pages 12 to 13 of 28 , inclusive), F Bid Eond (pages 2 inclusive), G. Affidavit of Compliance (page 1 of 1 ), H Sworn Statement Under Section 105 08, Indian River County Code, on Disclosure of Relationships (pages 1 to 2 , inclusive), ARTICLE 9 - MISCELLANEOUS 9 01 Independent Contractor It is specifically understood and acknowledged by the parties hereto that the CONTRACTOR or employees or Subcontractors of the Contractor are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise 9 02 Invitation to Bid IT is specifically understood and acknowledged by the parties hereto that all of the requirements set forth in the Invitation to Bid dated July 21, 2014 (including addenda 1 through 2) shall be incorporated herein 9 03 Merger; Modification Except as set forth in Section 8 2 above, this Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONTRACTOR and the COUNTY 9 04 Governing Law, Venue This Agreement, including all attachments hereto, shall be construed according to 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 federal jurisdiction, in the United States District Court for the Southern District of Florida 9 05 RemHdies, No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waiver of any other delinquency or default If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs 9 06 Severability If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the app ication of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law 9 07 Availability of Funds The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County 9 08 No Pledge of Credit. The CONTRACTOR shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 9 09 Public Records 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 A. Keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service B 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 C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law D Meet all requirements for retaining public records and transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR 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. A. Failure of the CONTRACTR to comply with these requirements shall be a material breach of this Agreement The CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records _aw) in connection with this Agreement. 9.10 Notices Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods (a) Hand delivery to the other party, (b) Delivery by commercial overnight courier service, or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below County• Indian River County Attn• Brian Burkeen, Assistant Chief 4225 43rd Avenue Vero Beach, FL 32967 (772) 226-3864 Facsimile (772) 978-1820 Contractor- Dato Construction, Inc. Jose L. Dato 432 4th Lane S W Vero Beach, FL 32962 Notices shall be effective when received at the address as specified above Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e , printed) after 5.00 p m or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section 9 11 Survival Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by CONTRACTOR shall survive the termination or expiration of this Agreement. 9 12 Construction The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 9 13 Couiterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument 9 14 Sovereign Immunity Nothing in this Agreement is intended to, or shall be interpreted to, constitute a waiver or limitation of the COUNTY's sovereign immunity.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 September 9 , 2014 (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 By )121;t -b Peter D O'Bryan, Chairman By. e Joseph -!:gird, County Administrator v APPROVED_AS TO FO AND L L ylan Reingold, County Attorney UIENCY Jeffrey R Smith, Clerk of Court and Comptroller Attest (SEAL) Deputy Clerk Designated Representative Name Brian Burkeen Title Assistant Chief Fire Rescue 4225 43`1 Avenue Vero Beach, FL 32967 (772) 226-3864 Facsimile (772) 978-1820 CONTRACTOR: DATO CONSTRUCT! eN, INC (Co actor) (CORPORATE SEAL) Attest )hn \.A Address for giving notices 432 4th Lane SW Vero Beach FL 32962 License No CCC1329639 (Where applicable) Agent for service of process Designated Representative Name. Jose L Dato Title President Address 432 4th Lane SW Vero Beach FL 32962 Phone 772492-9454 Facsimile 888-638-3925 (If CONTRACTOR is a corporation or a partnership, attaci evidence of authority to sign )