HomeMy WebLinkAbout2019-100AB. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents:
Numerical Amount: $ 94,446
Written Amount: Ninety-four thousand, four hundred forty-six thousand dollars and zero
cents
ARTICLE 5 - 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
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.
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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 Payment and
Performance Bonds.
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
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.
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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
i
A. The Contract Documents consist of the following:
(1) This Agreement (pages 1 to 13, inclusive);
(2) Notice to Proceed
(3) Payment and Performance Bonds (if required);
(4) Certificate(s) of Liability Insurance
(5) Invitation to Bid 2019058
(6) Addenda (numbers 1 to 1, inclusive);
(7) CONTRACTOR'S Bid Form (pages 19 to 22, inclusive);
(8) Bid Security;
(9) Drug Free Workplace Form (pages 20 to 20, inclusive)
(10) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships (pages 21 to 22, inclusive);
(11) Certification Regarding Prohibition Against Contracting with Scrutinized Companies
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(12) Certification Regarding Lobbying
(13) 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.
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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 27th Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of this
Agreement.
ARTICLE 10 — FEDERAL CLAUSES
10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work:
A. Equal Employment Opportunity.
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During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take affirmative action
to ensure that applicants are employed, and that employees are treated during employment
without regard to their race, color, religion, sex, or national origin. Such action shall include, but
not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive considerations for employment
without regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance: Provided, however, That in the event a
contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor
as a result of such direction by the administering agency the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
B. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148) and Copeland Anti -Kickback Act. Does not
apply to other FEMA grant and cooperative agreement programs, including the Public Assistance
Program.
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C. Compliance with the Contract Work Hours and Safety Standards Act: (if award in excess of
$100,000)
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall
be liable to the United States (in the case of work done under contract for the District of Columbia
or a territory, to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this
section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The County shall upon its own action
or upon written request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by the contractor
or subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor; such sums as may be determined to
be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (1) through (4) of this section.
D. Rights to Inventions Made Under a Contract or Agreement. Not Applicable.
E. Clean Air Act: (If agreement in excess of $150,000)
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(2) The contractor agrees to report each violation to Indian River County and understands and
agrees that the County will, in turn, report each violation as required to assure notification to the
State of Florida, Federal Emergency Management Agency, and the appropriate Environmental
Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FEMA.
F. Federal Water Pollution Control Act:
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
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(2) The contractor agrees to report each violation to Indian River County and understands and
agrees that the County will, in turn, report each violation as required to assure notification to the
State of Florida, Federal Emergency Management Agency, and the appropriate Environmental
Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FEMA.
G. Energy Policy and Conservation Act:
The Contractor agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with
the Energy Policy and Conservation Act.
H. Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As
such the contractor is required to verify that none of the contractor, its principals (defined at 2
C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.
§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C
and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
(3) This certification is a material representation of fact relied upon by Indian River County. If it is
later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C, in addition to remedies available to the State of Florida Department of
Emergency Management and Indian River County, the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract
that may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions.
I. Byrd Anti -Lobbying Amendment 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of $100,000 or more shall file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that
takes place in connection with obtaining any Federal award. Such disclosures are forwarded from
tier to tier up to the recipient.
J. Procurement of Recycled/Recovered Materials:
(1) In the performance of this contract, the Contractor shall make maximum use of products
containing recovered materials that are EPA -designated items unless theproduct cannot be
acquired—
(i) Competitively within a timeframe providing for compliance with the contract
performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
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1
(2) Information about this requirement is available at EPA's Comprehensive Procurement
Guidelines we b site, http://www.epa.gov/cpg/. The list of EPA -designate items is available at
http://www.epa.gov/cpg/products.htm.
K. Access to Records The following access to records requirements apply to this contract:
(1) The contractor agrees to provide Indian River County, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized representatives access to any
books, documents, papers, and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The contractor agrees to provide the FEMA Administrator or his authorized representatives
access to construction or other work sites pertaining to the work being completed under the
contract.
DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or
reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval.
M. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement
that FEMA financial assistance will be used to fund the contract only. The contractor will comply
will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and
directives.
N. No Obligation by Federal Government: The Federal Government is not a party to this contract
and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any
other party pertaining to any matter resulting from the contract.
O. Program Fraud and False or, Fraudulent Statements or Related Acts: The contractor
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)
applies to the contractor's actions pertaining to this contract.
P. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority
business, women's business enterprises and labor surplus area firms are used when possible:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists.
(2) Ensuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources.
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses, and women's business
enterprises.
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises.
(5) Using the services and assistance of the Small Business Administration and the Minority
Business Development Agency of the Department of Commerce.
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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 terminate 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 liable 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 cost of completing the new contract and the cost of completing
this Contract;
(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 shall, 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
shall be entitled to payment only as follows:
(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.
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F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135:
CONTRACTOR certifies that it and those related entities of CONTRACTOR 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 CONTRACTOR as defined 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 215.4725, 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 July 2 , 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
B
•SS\p N E R S•'•,
r \• By:
CONTRACTOR:
By:
Jason
n, County Administratdc •.• ,t.: r�J:'
• �P.• Attest
'••. INDIAN Rev
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of Court and Comptroller
Attest:
(SEAL)
Deputy C
Designated Representative:
Name:
Title:
Address:
Phone
Email
Page 13 of 13
(Contractor)
(CORPORATE SEAL)
Address for giving notices:
\%Q.a) c PL.- 3z-4(.0
License No. GP -JO 12-3c7C��'i_`�
(Where applicable)
Agent for service of process:
Designated Representative:
Name:WI')t&►e\A. Se_ ntALn
Title: Pre3irlewe-'
Address:
\/t?xD 13 2—q 600
Phone: –4-S 4,2099
Email: PDCo-c a, vv\uvk, Vl�{
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
Exhibit 1— Contractor's Bid
Indian River County Purchasing Division
1800 27th Street
Vero Beach, FL 32960
Phone (772) 226-1416
Bid Form _ Addendum 1
Jones Pier Residences Repairs for PA -04 -FL -4283 -PW -00796(0)
Bid #: 2019058
Bid Opening Date and Time: May 29, 2019 2:00 P.M.
Bid Opening Location: Purchasing Division
1800 27th Street
Vero Beach, FL 32960
Finn Qua.liticaLions
1. Licensing and Corporate Status:
a. Bidder's State of Florida License Number(s): CBC 1259095
b. Bidder's Indian River County Competency Card Number(s): COVB 12-001140
c. Attach documentation from the State of Florida Division of Corporations that indicates the
business entity's status is active and that lists the names and titles of all officers.
2. Number of years the firm has performed business as a Contractor in construction work of the type
involved in this contract: 20 years
3. What is the last project OF THIS NATURE that the firm has completed?
Renovations at Building Q Radio Station at IRSC. Ft. Pierce
Downey Pavilions Replacement at Riverside Park, Vero Beach
4. Has the firm ever failed to complete work awarded to you? NO
[If your answer is "yes", then attach a separate page to this questionnaire that explains the
circumstances and list the project name, Owner, and the Owner's telephone number for each project in
which the firm failed to complete the work.]
5. Has the firm ever been assessed liquidated damages? NO
[If your answer is "yes", then attach a separate page to this questionnaire that explains the
circumstances and list the project name, Owner, and the Owner's telephone number for each project in
which liquidated damages have been assessed.]
Page 16 of 36
2019058 - Bid for Jones Pier Residences Repairs -Addendum 1
6. Has the firm ever been charged by OSHA for violating any OSHA regulations? NO
[If your answer is "yes", then attach a separate page to this questionnaire that explains the
circumstances and ||5t the project name, Owner, and the Owner's telephone number for each project
in which OSHA violations were alleged.]
7. Has the firm ever been charged with noncompliance of any public policy or rules? NO
[If your answer is "yes", then attach a separate page to this questionnaire that explains the
circumstances and list the pject name, Owner, and the Owner's telephone number for each pr'ect.]
8. Has the firm ever defaulted on any of its p'ects? NO
[If your answer is "yes", then attach a separate page to this questionnaire that explains
the circumstances and list the project name, Owner, and the Owner's telephone number for each
project in which a default occurred.]
9. Attach a separate page to this questionnaire that summarizes the fir and
that demonstrates its ability to meet the pject schedule.
10. Name of person who insthe site of the proposed work for the firm:
Name: Lincoln Irons Date of Inspections: May 1, 2019
11. Name of on-site Project Foreman: Mike Selig
Number of years of experience with similar projects as a Project Foreman: 25+
12. Name of Project Manager: Lincoln Irons
Number of years of experience with similar projects as a Project Manager: 10
13. List of proposed Subcontractors (cannot be changed after award without written approval of
ntv>:
..
All Interior & Exterior
Drywall/carpentry
CBC056636
Page 17 of 36
Total Contract
Summit Construction of Vero Beach
Contracts in Progress
For the period ended April 31, 2019
From Inception to April 31, 2019 At April 31, 2019
Costs and Billings in
Estimated Excess of
Estimated Cost Billed Estimated Earnings Costs and (COST)
Project Gross Revenues of Gross to Cost to In Excess Estimated Percent
No. Construction Project Revenues Profit Earned Revenues Profit Date Complete of Billings Earnings Complete
0 TEMPLATE FORMULAS - - - - 0%
- - - - - 0%
289 Trap & Skeet club 258,771 36,126 258,771 222,645 36,126 242,436 5,295 16,335 - 100%
- - - - 0%
0%
276 IR Shores Comm Ctr 855,112 155,129 778,152 636,985 141,167 680,392 57,263 97,760 - 91%
- - - - 0%
291 SRHS Locker Rooms 1,233,600 111,843 357,744 325,310 32,434 367,564 792,792 - 9,820 29%
293 SRMS Single Pt.Entry 626,400 96,428 56,376 47,697 8,679 96,178 481,545 - 39,802 9%
- - - - - 0%
- - - - - 0%
294 IRSC Stage lift 181,216 29,416 83,359 69,828 13,531 90,000 81,885 6,641 46%
- - -- - 0%
281 COVB Public Works roof 172,025 58,936 156,543 102,911 53,632 172,025 10,143 - 15,482 91%
288 VBSC West facade
295 VBSC East Roof
935,984 150,284 599,030 502,848 96,182 374,400 281,744 224,630 64%
119,900 16,200 107,910 93,330 14,580 59,950 10,316 47,960 90%
0%
4,383,008 $ 654,362 $ 2,397,885 $ 2,001,554 $ 396,331 $ 2,082,945 $ 1,720,983 $ 386,685 $ 71,745
-6-
2019058 - Bid for Jones Pier Residences Repairs.doc
Referpnres for similar oroiects
,
`,
lndian River Shores
Location of Sece
MiracleKAi|e,Vero8each
6001 Hwy A1A, Vero Beach YearStarted: 2018
�]�ymt�on�actN�nme
RainerFi|thaut
Joe Year 20�9
Griffin'
Email�
rainer@inter-realty.com
jgriffin@irshores.com
'�hf�n��irshoresCorn Phone: 773'231-1771
Desciiption of facility
Renovations, maintenance & additions at VB Shopping Center, Miracle Mile
New Community Center for lndian River Shores
772'462-7750
`
nt'� : �
`'
City of Vero Beach
_I
Lonatumpf Service
multiple Year Started: 2018
Client Contact Name
John O'Brien, Don Dexter YeorEnded: 2019
Email
Ddexter@covb.org Phone: 772-978-8050
Description offacility
Grand Pavilions at Riverside Park, other renovations for COVB
,
' �`
�_� Vero Beach Shopping Center
Locat�nofSarv�e.
MiracleKAi|e,Vero8each
Year Started: 2014
�Uent�ontact�anme
RainerFi|thaut
Year Ended: on-going
Email
rainer@inter-realty.com
Phone:239-213-4000
Desciiption of facility
Renovations, maintenance & additions at VB Shopping Center, Miracle Mile
Phone:
772'462-7750
. , '` '
lndian River State College
Location of Service
Virginia Ave., Fort Pierce
Year Started:
2018
Client Contact Name
Sean Donahue
Year Ended:
2019
Email
sdonahue@irsc.edu
Phone:
772'462-7750
Page 18 of 36
The following addenda are hereby acknowledged:
Addendum Number
1
2019058 - Bid for Jones Pier Residences Repairs -Addendum 1
Date
May 7, 2019
ions, and requirements, the Bidder offers the following:
3Itmtof llUork,— 7770fJiangle Trail-#Interiorw : llipr
t f .,,
v,• t M
a ., ��
1. Lump sum: Removal of existing wood paneling, ceiling mould, baseboards,
doors and window casings and inside corner trims
$ IGS,
2. Lump Sum: Installation of new wood paneling, ceiling mould, baseboards,
doors and window casings and inside corner trims
$ Z% ck) 7 Li.
3. Lump Sum: Cleaning, preparation and painting of all surfaces
$ 3 s s .L.
4. Lump Sum: Replace all electrical wiring, connections, receptacles and
switches
$
-5 2-1-10P
5. Lump Sum: Replace all plumbing and fixtures
$ Oa
Total Bid Price - 7770 Jungle Trail - Interior
r1
$ %2+ ocz
Iteiim of,� . =`7„7c7.0 J:wngle Trail+- 6xteribr' �`' ' 4 i
"Rri'ce : -. ^ �t
1. Lump sum: Removal of baseboards and corner trims on wood paneling
$ %10.4'”
2. Lump Sum: Removal of wood paneling under windows on north, south and
west walls
$
, uo
3. Lump Sum: Installation of new wood paneling under windows on north,
south and west walls
$ 55D* 2.,�
4. Lump Sum: Installation of new baseboard and corner trim
$vv
I
5. Lump Sum: Cleaning, preparation and painting of all surfaces
$
Total Bid Price— 7770 Jungle Trail - Exterior
$ /0,01144, cx�
Page 19 of 36
2019058 - Bid for Jones Pier Residences Repairs -Addendum 1
Jtemi.ofWork-:7790ffiungl 4raill Master•/o.utiii134araom s,: '.
I.Pricet t. r' '
1. Lump sum: Removal of existing wood paneling, ceiling mould, baseboards,
doors and window casings and inside corner trims
$ /j CD 2_0, c
2. Lump Sum: Removal of all existing wood paneling
$/cit eic•Lae (libr.V,
3. Lump Sum: Installation of new prefinished wood paneling
$ s-/, 00, 00
4. Lump Sum: installation of new cove ceiling mould, baseboards, doors,
window casing and inside corner trims
$ q J 2 ip2. `o
5. Lump Sum: Cleaning, preparation and painting of all surfaces
$`x7
1 f � Z.0.
Total Bid Price - 7790 Jungle Trail - Master/South Bedrooms
$ •C7/ /002- v0
Iltemmof l lork':;;,7; 90{Jui gi''diTrailll,Remaind"erg ofiinteriOn
iIPrice k ;
1. Lump sum: Patching existing cracks in walls
$ t tigic
2. Lump Sum: Removal of all wood ceiling battens and two water damaged
wood ceiling panels
$ ?l 0, cY)
3. Lump Sum: installation of new wood ceiling battens and two water
damaged wood ceiling panels
$ 1 -ii if2 9g . ao
4. Lump Sum: Replace and reset toilet
$ 972 00
5. Lump Sum: Replacement of water heater
$ if L/ -5c.
6. Lump Sum: Replace all electrical wiring, connections, receptacles and
switches
$ 2-� 5`-72.°"
7. Lump Sum: Cleaning, preparation and painting of all surfaces
$ i,CO 20 QZ
Total Bid Price - 7790 Jungle Trail - Remainder of Interior
$ / ? -ado, &Y
Additional work that may become required will be provided as follows:
fiUnfeireieenacondifiio.ns4thati'may�prevent,fheascope ofrwork to `�
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5.
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6.
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Page 20 of 36
2019058 - Bid for Jones Pier Residences Repairs -Addendum 1
*clifiiiiii.iftworilahatirrip' 44,1i'i)necessayito!pre,iient4urther * ',.
daitat4toleadilflitiildiror " - •• - -'.-- ' t .P.
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-Iiiiirtibn41h4,6,04iiiiiiheysiOtorilliirid4oilSeicompitetedttaimike, 4,
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Project completion time after receipt of "Notice to Proceed" or PO:
Page 21 of 36
DAYS
2019058 - Bid for Jones Pier Residences Repairs -Addendum 1
The undersigned hereby certifies that they have read and understand the contents of this solicitation
and agree to furnish at the prices shown any or all of the items above, subject to all instructions,
conditions, specifications, and attachments hereto. Failure to have read all the provisions of this
solicitation shall not be cause to alter any resulting contract or request additional compensation.
Company Name: Summit Construction of Vero Beach LLC
Company Address: 2837 Flight Safety Drive
City, State
Vero Beach, FL Zip Code 32960
Telephone: 772-794-2099 Fax: 772-794-2097
E-mail:
christy@summitcm.net
Business Tax Receipt Number: COVB 12-001140
FEIN Number: 56-2484829
Authorized Signature: t'`-'-' '' Date: May 29, 2019
Name: William B. Schuh Title: President
(Type / Printed)
Page 22 of 36