HomeMy WebLinkAbout2020-175Agreement for the Installation of New Concrete Pad at IRC Landfill
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 Summit Construction of Vero
Beach, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally
described as follows:
Phase 1- Installation of New Concrete Pad at IRC Landfill
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: Phase 1 - Installation of New Concrete Pad at IRC Landfill
Bid Number: 2020050
Project Address: 1325 74`' Ave SW, Vero Beach, Florida 32968
ARTICLE 3 - CONTRACT TIM
3.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment
as stated in the specifications are of the essence of the Agreement.
3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be completed and ready for final payment on or before the 60th day after the date when the
Contract Times commence to run.
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 4.01.13, below:
A. For all Work, at the prices stated in CONTRACTOR's Bid:
Phase 1- Installation of New Concrete Pad at IRC Landfill:
Numerical Amount: $183,000.00
Written Amount: One hundred eighty three thousand dollars and zero cents
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ARTICLE 5 - PAYMENT PROCEDURES
5.01 Method of Payment
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.).
5.02 Acceptance of Final Payment as Release
The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all
claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically
excepted by the CONTRACTOR for all things done or furnished in connection with the work under this
Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any
payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations
under this Agreement, the Invitation to Bid or the Public Construction Bond.
ARTICLE 6 - INDEMNIFICATION
6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities,
damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by
the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed
or utilized by the CONTRACTOR in the performance of the Work.
ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data
identified in the Invitation to Bid documents.
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
A. The Contract Documents consist of the following:
(1) This Agreement;
(2) Notice to Proceed;
(3) Public Construction Bond;
(4) Certificate(s) of Liability Insurance;
(5) Invitation to Bid 2020050;
(6) Addenda (numbers 1 to 2 , inclusive);
(7) CONTRACTOR'S Bid Form;
(8) Bid Bond;
(9) Bidders Questionnaire;
(10) Drug Free Workplace Form;
(11) Affidavit of Compliance;
(12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships;
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(13) Certification Regarding Prohibition Against Contracting with Scrutinized Companies;
(14) Certification Regarding Lobbying;
(15) 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
180127 th 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: 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;
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(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.
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.
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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 20_ (the date the Agreement is approved by the Indian River
County Board of County Commissioners, which is the Effective Date of the Agreement).
OWNER:
IKIMAN RI\/FR CYII INTV
• A/VfR•rnUN- v
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By:
Dylan gold, County Attorney
Jeffrey R. Smith, Clerk of Court and Comptroller
Attest: Gw'v
Deputy Clerk
(SEAL)
Designated Representative:
Name:
Title:
Address:
Phone
Email
CONTRACTOR:
Summit Construction of Vero Beach, LLC
(CORPORATE SEAL)
Address forgiving notices:
2 -is T t k1*LV-i S_ t Lir
y P.ro i3 c,U\ , cam– A ZS u O
License No. ( elf C i 2 5gi 0'37 `7
(Where applicable)
Agent for service of process: WAkl,3 ►— 423, ScJk -t-
Designated Representative:
Name:W AtLa,v . ►-,. SC
Title: Yt't-S
Ad'�d��rryesss: riilei \
r.
Vt-f o � 2A Le O
Phone: 1122. 11ZU 9 4
Email: 1n (2 t0-v\n,y1e+
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
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