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Contractor 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 Summerlin's
Marine Construction, LLC (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
Work is generally described as follows:
Renovations to Jones Pier Docks
ARTICLE 2 - THE PROJECT
2.01 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: Renovations to Jones Pier Docks
RFP Number: 2014030
Project Address: 7770 Jungle Trail, Vero Beach, FL
ARTICLE 3 — TERM AND CONTRACT TIMES
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, to include approval by the Building Division 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 Proposal, attached hereto as an exhibit.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents:
Numerical Amount: $61,099.00.
Written Amount: Sixty one thousand ninety nine dollars and 00/100.
Page 1 of 8
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. 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 Tess 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).
D. Builder's Risk Insurance: The contractor shall procure and maintain builder's risk insurance ("all
risk") with limits equal to one hundred percent (100%) of the completed value of the
structure(s), building(s), or addition(s). It shall include a Waiver of Occupancy Endorsement to
enable the County to contract calls for the installation of machinery or equipment, the policy
must be endorsed to provide coverage during transit and installation. The maximum deductible
allowable under this coverage is $500.00 per claim. (If applicable)
E. Longshoreman's Insurance: Contractor shall procure and maintain Longshoreman's insurance
to the extent required by law.
6.03 Contractor's insurance coverage shall be primary.
Page 2 of 8
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 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 Request for Proposal 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
Page 3 of 8
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 The Contract Documents consist of the following:
A. This Agreement (pages 1 to 7 inclusive);
B. Certificate of Liability Insurance
C. CONTRACTOR'S RFP Submittal (pages 1 to 23 , inclusive);
D. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships
(pages 10 to 11 of 13 , 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 Request for Proposals. It is specifically understood and acknowledged by the parties hereto that all
of the requirements set forth in the Request for Proposals dated May 27, 2014 (including addenda 1
through 2) shall be incorporated herein.
Page 4 of 8
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 Remedies; 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 application 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.
Page 5 of 8
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 CONTRACTOR 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, Law) 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: Roland M. DeBlois, AICP
Chief, Environmental Planning and Code Enforcement Section
1801 27th Street
Vero Beach, FL 32960
(772) 226-1258
Facsimile: (772) 978-1806
rdeblois@ircgov.com
Contractor: Summerlin's Marine Construction, LLC
Attn.: Joy Summerlin-Yancy
200 Naco Road # C
Fort Pierce, FL 34949
(772) 201-6099
Facsimile: (772) 464-7470
Summerlin7cs@aol.com
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.
Page 6 of 8
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 Counterparts. 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 November 18 , 20 14 (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
CONTRACTOR:
SetkrylreA1� u /MAL- 1�/J�2uCt
Lc C_,
ByI�/(� By:
vWesley S. Davis, Chairman ; (Cont
By:�. r o " b' �( J0_}l (CORPORATE SEAL)
/ seph A Baird, County Administ ator /J
r/ Attest f'( f
APPRO EAS, TO FIRM A ! L ,GUFFICIENCY:
By: kr, �.
eingold, County Attorney
Jeffrey R. Smith, Clerk of Court and Comptroller
Attest:
(SEAL)
Deputy Clerk
Page 7 of 8
Contract Documents on File in County Commission Office:
B. Certificate of Liability Insurance
C. Contractor's RFP Submittal
D. Sworn Statement on Disclosure Relationships
Page 8 of 8
SECTION 00942 - Change Order Form
No. 1
DATE OF ISSUANCE. November 18, 2014 EFFECTIVE DATE: November 18, 2014
OWNER: Indian River County
CONTRACTOR: Summerlin's Marine Construction, LLC
Bid No.. N/A
Project: RENOVATIONS TO JONES' PIER DOCKS
OWNER's Proj. # RFP 2014030
This Change Order authorizes the following changes in the Contract Documents for the
Renovations to Jones' Pier Docks Construction Agreement:
Description:
Change Order No.1 is to replace /reconstruct the northern single-family dock on the Jones'
Pier property, in addition to the original contract sum.
Reason for Change Order:
County determination to replace/ reconstruct the dilapidated single-family dock rather than
just remove/dispose of the dock.
Attachment: (List documents supporting change)
Summerlin's Marine Construction, LLC Estimate for Replacement of Northern Dock
CHANGE IN CONTRACT PRICE.
Description
Amount
Original Contract Price
$61,099
00
Net Increase of this Change Order
$10,880
00
Contract Price with all approved Change Orders.
$71,979
00
ACCEPTED:
By:
CONTRACTOR (Signature)
Date.
APPROVED:
OWNER I Wesley S. Davis, Chairman
Date. Approved by the BCC 11/18/14
Summerlin Contract Change Order 1
00942 - 1
M:\LAAC\JONES'S PIER\FIND Grant APP 2013\Summerlin Contract Change Order 1 doc Rev 05/01
Summerlin's Marine Construction, LLC
200 Naco Road #i:
Fort Pierce, FL 34.946
Phone # 772-4(4-6090
Fax # , 772-4(4-7470
Summer' in 7cs@aol.aorr•i
Name / Address
INDIAN RIVER COUNTY
1800 27TH STREET; BLDG B
VERO BEACH, FL 32960
att: Roland
Estimate
Date
Estimate #
9/23/2014
1917
Project
Description
IN REFERENCE TO JONES PIER NORTH DOCK, SUMMERLIN'S AGREES TO DO THE FOLLOWING'
REMOVAL AND DISPOSAL IS INCLUDED IN THE ORIGINAL BID.
FURNISH AND INSTALL 5' X 77' NORTH DOCK FOR THE SUM OF $10.880.00. WORK TO BE DONE 1N ACCORDANCE TO
ENCLOSED DRAWINGS.
WE RECOMMEND A,CURB ON EACH SIDE TO PREVENT FALLS FOR THE SUM OF $1,350 00.
THE TERMINAL PLATFORM IS CURRENTLY 10 x 22'. WE RECOMMEND A 8' x 20' TO BE COMPLIANT WITH THE DEP CURRENT
REGULATIONS. COST FOR THE 8' x 20 = $3,200 00.
PERMITS:
DRAWINGS - IF REQUIRED $400.00 - $600.00
ENGINEER - $300.00
PERMIT FEE- TBD
FULL PAYMENT IS DUE UPON COMPLETION.
IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CONTACT OUR OFFICE.
TO ACCEPT THIS PROPOSAL AND BE PLACED ON OUR
SCHEDULE, YOU MUST SIGN AND RETURN TO OUR OFFICE.
THIS ESTIMATE IS ONL'Y;VALID FOR 90 DAYS.
Signature