HomeMy WebLinkAbout2023-180SECTION 00520 Agreement (Public Works)
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 Jim's Complete 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:
The proposed project consists of interior modifications to the Indian River County
Information Technology Department. These modifications include the removal of existing
interior windows and the construction'of new stud walls with drywall, paint, electrical, HVAC
and flooring (approximate project area 230 sq. Also included with this project are interior
modifications to the Indian River County Finance Department located on the 2nd floor of
Building "A" of the IRC Administrative Building which includes stud walls, drywall, paint,
electrical and HVAC modifications (approximate project area 630 sq.
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: INFORMATION TECHNOLOGY OFFICE & FINANCE OFFICE
REMODEL
County Project Number: IRC -2004 & 2205
Bid Number: 2023049
Project Address: 1801 27"' Street, Vero Beach, FL 32960
ARTICLE 3 - ENGINEER
3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER
and will act as OWNER's representative, assume all duties and responsibilities, and have
the rights and authority assigned to ENGINEER in the Contract Documents in connection
with the completion of the Work in accordance with the Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 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 Contract Documents are of the essence of the Contract.
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4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be substantially completed on or before the 90th calendar day after the date
when the Contract Times commence to run as provided in paragraph 2.03 of the General
Conditions, and completed and ready for final payment in accordance with paragraph
14.07 of the General Conditions on or before the 120th calendar day after the date when
the Contract Times commence to run.
4.03 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 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of
the General Conditions. 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
980.001 for each calendar day that expires after the time specified in paragraph 4.02 for
Substantial Completion until the Work is substantially complete. After Substantial
Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work
within the Contract Time or any proper extension thereof granted by OWNER,
CONTRACTOR shall pay OWNER $980.001 for each calendar day that expires after the
time specified in paragraph 4.02 for completion and readiness for final payment until the
Work is completed and ready for final payment.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents, an amount in current funds equal to the sum of the amounts
determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, 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:
Numerical Amount: $ 241.050.00
Written Amount: Two hundred forty-one thousand, fifty dollars
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions and the Contract Documents.
'Reference for liquidated damages amount "Standard Specifications for Road & Bridge Construction, Florida Department of
Transportation (FDOT) FY 2023-24, Section 8-10.2 for projects over $50,000 but less than $250,000. THE ACTUAL LIQUDATED
DAMAGES AMOUNT WILL BE BASED ON THE CONTRACT AMOUNT AWARD AMOUNT AND WILL BE DETERMINED USING
THE REFERENCED FDOT CRITERIA.
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6.02 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 five percent (5%)
of the payment amounts due to the CONTRACTOR until final completion and
acceptance of all work to be performed by CONTRACTOR under the Contract
Documents.
6.03 Pay Requests.
A. Each request for a progress payment shall be submitted on the application
provided by OWNER and the application for 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.
6.04 Paragraphs 6.02 and 6.03
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.
6.05 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 Contract 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 the Contract
Documents or the Public Construction Bond.
ARTICLE 7 - INDEMNIFICATION
7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with
paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 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 Bidding Documents.
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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 carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the Site (except Underground
Facilities) which have been identified in the Supplementary Conditions as provided in
paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous
Environmental Condition, if any, at the Site which have been identified in the Supplementary
Conditions as provided in paragraph 4.06 of the General Conditions.
E. 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
F. 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.
G. 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.
H. 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.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities,
or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
K. Contractor is registered with and will use the Department of Homeland Security's E -Verify
system (www.e-vedfv.aov) to confirm the employment eligibility of all newly hired employees
for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also
responsible for obtaining proof of E -Verify registration for all subcontractors.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
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A. The Contract Documents consist of the following:
1. This Agreement (pages 00520-1 to 00520-9, inclusive);
2. Notice to Proceed (page 00550-1);
3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive);
4. Sample Certificate of Liability Insurance (page 00620-1);
5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive);
6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive);
7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive);
8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of
the Work (page 00634-1
9. General Conditions (pages 00700-1 to 00700-37, inclusive);
10. Supplementary Conditions (pages 00800-1 to 00800-12, inclusive);
11. Specifications as listed in Division 1 (General Requirements) and Division 2
(Technical Provisions);
12. Drawings consisting of a cover sheet and sheets lettered ABB through E2, inclusive,
with each sheet bearing the following general title: I.T. REMODEL; and Drawings
consisting of a cover sheet and sheets lettered ABB through E2, inclusive, with each
sheet bearing the following general title: FINANCE DEPARTMENT INTERIOR
REMODEL
13. Addenda (if applicable 1);
14. Appendices to this Agreement (enumerated as
follows): Appendix A — Permits
15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive);
16. Bid Bond (page 00430-1
17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships (pages 00452-1 to 00452-2, inclusive);
18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2,
inclusive);
19. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive);
20. List of Subcontractors (page 00458-1);
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21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies
(page 00460-1);
22. 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 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract 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.
10.03 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.
10.04 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.
10.05 Venue
A. This Contract 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 Contract
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.
10.06 Public Records Compliance
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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
oublicrecords(cb-ircgov.com
Indian River County Office of the County Attorney
1801 271 Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of
this Agreement.
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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 August 29, 2023 (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 COU
By: Jams ¢ H. Eafrna'FT7-1
By: John A. Titkanich, Jr
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
�" %_
William R. De raal, County A omey
Ryan L. Butler, Clerk of Court and Comptroller
Attest: C%
Deputy Clerk
(SEAL)
Designated Representative:
Name: Richard B. Szpyrka, P.E.
Title: Public Works Director
1801 27th Street
Vero Beach, Florida 32960
(772) 226-1379
Facsimile: (772) 226-1371
CONTRACTOR:
Jim's Cumplc+e Cylaudiovi UC
By: AAtL�:Iz %1L/.
(Contractor) '
(CORPORATE SEAL)
Attestl�7���
Address for giving notices:
103(EXGL� We-, Suit l09
—SE,
License No. C woe 19 9 b
(Where applicable)
Agent for service of process:
Design ted�pr tative:
Name:
Title: wa&@(k
Addresinis:Sc,�1-rc
PhoclouA 11"""44-769
ne: qo-7-5cL3_SS�
Facsimile:
(if CONTRACTOR is a corporation or a
partnership, attach evidence of authority to sign.)
* * END OF SECTION * *
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