HomeMy WebLinkAbout2019-007AAgreement
THIS AGREEMENT is by and between INOIAN RIVER COUNTY, a PoIitica Subdivision of the State of Florida
organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Aquatic
Surfaces of the Treasure Coast, Inc. (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 asfollows:
Gifford Aquatic Center Pool Resurfadng
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: Gifford Aquatic Center Pool Resurfacing
Bid Number: 2019018
Project Address: 4895 43rd Avenue, Vero Beach, FL
ARTICLE 3 - CONTRACT TIMES
3.01 Time ofthe Essence
A. AU time Iimits for Milestones, if any, Substantial Completion, and completion and readiness for final
payment as stated in the specifications are ofthe essence ofthe Agreement.
3.02 Days to Achieve SubstantiaCompletion, Final Completion and Final Payment
A. The Work will be completed and ready for final payment on or before the 30th day after the date
when the Contract Times commence to run.
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 $500 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.
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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 inparagraph
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: $87,038.70
Written Amount: Eighty-seven thousand, thirty-eight dollars and seventy cents
ARTICLE 5 - PAYMENT PROCEDURES
5.01 Method of Payment
A. 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.).
5I2 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.
ARTCLE@-INDEMNIFICATION
6.01 CONTRACTOR shall indemnify and hold harmless the OWNERand its officerand employees, from
liabilities, losses and costsincluding, 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 7CONTRACTOR'S REPRESENTATIONS
-
7.O1 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
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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 affeccost, progress, and performance ofthe Work.
C. CONTRACTOR is famiflar with and is satisfied as to aU federal, state,and Iocal Laws and Regulations
that may affect cost, progressand performance ofthe Work.
D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all
additional or suppementary 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 arid 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 conflictserrors, ambiguitiesor 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 perforrnance and furnishing ofthe Work.
ARTICLE 8- CONTRACT DOCUMENTS
8.01 Contents
A. The Contract Documents consist of the foUowing:
(1) This Agreement (pages 1 to 8, inclusive);
(2) Notice to Proceed;
Page 3
(4) Invitation toBid 3O1QO18;
(5) Addendum number 1;
(6) CONTRACTOR'S Bid Form (pages 14 to 15 of 35, inclusive);
(7) Bid security (check 1001576957);
(8) Drug Free Workplace Form (page 16 of 35);
(9) Affidavit of Compliance (page 17 of 35);
(10) Sworn Statement Under Section I05.08, Indian River County Code, on Disclosure of
Relationships (pages 18 and 19 of 35, inclusive);
(11) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 20
of 35);
(12) Bidders Questionnaire (pages 21 through 23 of 35, inclusive);
(13)Warranty Information Form (page 24of3S);
(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) Chan8eOrder(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 ofContract
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.
Page 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 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.
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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
publicrecord8@iKcgov.corn
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.
Article 11: TERMINATION OF CONTRACT
A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide
the OWNER with a right to terminate this Contract in accordance with this Article, in addition to
pursuing any other remedies which the OWNER may have under this Contract or under law:
(1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any
provision(s) of the Contract Documents;
(2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts
or equipment, as directed by the Engineer pursuant to an inspection;
(3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will
not be finished within the prescribed time;
(4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved
thereon; or
(5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general
assignment for the benefit of his creditors, or if a trustee or receiver is appointed for
CONTRACTOR or for any of his property.
B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify
CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10)
calendar days to cure the default to the reasonable satisfaction of the OWNER.
C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article
B, OWNER may terrninate this Contract by notifying CONTRACTOR in writing. Upon receiving
such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any
further right to possess or occupy the site or any materials thereon; provided, however, that the
OWNER may authorize CONTRACTOR to restore any work sites.
D. The CONTRACTOR shall be Iiable for:
(1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new
contract; and
(2) the difference between the cosof completing the new contract and the cost of completing
this Contract;
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(3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to
enforce its rights herein.
E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate
CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such
termination CONTRACTOR she//, unless the notice directs otherwise, immediately discontinue
the work and immediately cease ordering of any materials, labor, equipment, facilities, or
supplies in connection with the performance of this Contract. Upon such termination Contractor
shali be entitled to payment oniy as foflows:
(1) the actual cost of the work completed in conformity with this Contract and the
specifications; plus,
(2) such other costs actually incurred by CONTRACTOR as are permitted by the prime
contract and approved by the OWNER.
Contractor shall not be entitled to any other claim for compensation or damages against the
County in the event of such termination.
F. TEAM\NV\TON IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related
entities of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott
Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a
boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or
more, CONTRACTOR certifies that it and those related entities of respondent as defined above by
Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section
215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria.
OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false
certification as provided under section 287.135(5), Florida Statutes, been placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as
defined by section 287.135, Florida Statutes.
OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries,
majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is
found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in
a boycott of Israel as set forth in section 2154725, Florida Statutes.
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.
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This Agreement will be effective on January 15 , 2019 (the date the Agreement is
approved by the Indian River County Board of County Commissioners, which is the Effective Date of the
Agreement).
OWNER:
INDIAN RIVER COUNTY
CONTRACTOR:
Aquatic Surfaces Of The
Treasure Coast Inc.
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APPROVED AS TO FORM AND LEGA
By:
Dylan eingold, County Attorney
ENCY:
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
13Y:vowl/P0
(SEAL)
Deputy Clerk
Designated Representative:
Name: Michael Redstone
Title: Recreation Manager
Address: 1800 27th Street, Vero Beach, FL 32960
Phone: (77Z)ZZ6'1727
Email: mredstone@ircgov.com
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Attest
(Contractor
(CORPORATE SEAL)
ELEANOR KOVARIK
Commission wu—
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Address for giving notice
635 NW Buck Hendry Way
Stuart, FL 34994
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(Where applicable)
Agent for service of process: Dustin Hardy
Designated Representative:
Name: Dustin Hardy
Title: \/P
Address: 6 3 5 NW Buck Hendry Way
q+nnr+, FT. 149A4
Phone: 772-225-4389
dh.aquatic@qmail.com
(If CONTRACTOR is a corporation or a partnership,
Oscars:ler.; Sae / Division .1f Corporations / Searth Records / Dets!i By E:ocurnent N71& 1
Detail by Entity Name
Florida Profit Corporation
AQUATIC SURFACES OF THE TREASURE COAST INC.
Filing Information
Document Number P99000063068
FEUEIN Number 65-0936429
Date Filed 07/08/1999
State FL
Status ACTIVE
Last Event REINSTATEMENT
Event Date Filed 04/07/2014
Principal Address
635 NW Buck Hendry Way
Stuart, FL 34994 UN
Changed: 04/25/2016
Mailing Address
635 NW Buck Hendry Way
Stuart, FL 34994 UN
Changed: 04/25/2016
Registered Agent Name & Address
HARDY, DENNIS
635 NW Buck Hendry Way
Stuart, FL 34994
Name Changed: 04/30/2008
Address Changed: 04/25/2016
Officer/Director Detail
Name & Address
Trde PSD
HARDY, DENNIS B
635 NW Buck Hendry Way
STUART, FL 34994
11:61.... '1 TN
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HARDY, DUSTIN R
635 NW Buck Hendry Way
Stuart, FL 34994
Annual Reports
Report Year
2016
2017
2018
Document Imagra
Filed Date
04/25/2016
04/27/2017
04/30/2018
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