HomeMy WebLinkAbout2024-1072024036 C.R. 512 & Broadway St. Drainage Restoration — Fellsmere (IRC— 2006)
Agreement
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized
and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Southeast Services 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 AND PROJECT
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally
described as follows:
The work includes, but is not limited to, providing all labor, supervision, equipment, materials, transportation,
fuel, pollution prevention and maintenance of traffic, to dewater, clean, and perform closed circuit television
(CCTV) inspection for 8,834 Lineal Feet of drainage pipe, and associated drainage structures located within the
County Road 512 and N. Broadway St. right-of-way in the City of Fellsmere.
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: C.R.512 Drainage Restoration — Fellsmere (IRC -2006)
Bid Number: 2024036
Project Address: City of Fellsmere on C.R. 512 and N. Broadway St.
ARTICLE 2 - CONTRACT TIMES
3.01 Time of the Essence
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
Substantial completion will be 150 days after the date when the Contract Times commence to run. The Work will be
completed and ready for final payment on or before the 180th day after the date when the Contract Times
commence to run.
3.03 Liquidated Damages
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
2024036 C.R. 512 & Broadway St. Drainage Restoration —Fells mere (IRC— 2006)
shall pay OWNER $1,685.00 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.
ARTICLE 3 - 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, attached hereto as Exhibit 1.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents:
Numerical Amount: $215,234.70
Written Amount: Two hundred fifteen thousand, two hundred thirty-four dollars and seventy cents
ARTICLE 4 - 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
five percent (5%) of the payment amount due to CONTRACTOR until substantial completion and
acceptance of all work to be performed by CONTRACTOR under the Contract Documents.
B. For construction projects less than $10 million, at the time the Owner is in receipt of the Certificate
of Substantial Completion, the Owner shall have 30 calendar days to provide a list to the
Contractor of items to be completed and the estimated cost to complete each item on the list.
Owner and Contractor agree that the Contractor's itemized bid shall serve as the basis for
determining the cost of each item on the list. For projects in excess of $10 million, owner shall have
up to 45 calendar days following receipt of Certificate of Substantial Completion of the project to
provide contractor with said list.
C. Within 20 business days following the creation of the list, Owner shall pay Contractor the
remaining contract balance including all retainage previously withheld by Owner except for an
amount equal to 150% of the estimated cost to complete all of the items on the list.
Upon completion of all items on the list, the Contractor may submit a payment request for the
amount of the 150% retainage held by the Owner. If a good faith dispute exists as to whether one
or more of the items have been finished, the owner may continue to withhold the 150% of the
total cost to complete such items. The owner shall provide Contractor written reasons for disputing
completion of the list.
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.
2024036 C.R. 512 & Broadway St. Drainage Restoration —Fells mere (IRC— 2006)
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 Public Construction Bond.
ARTICLES - 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 6 - 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.
2024036 C.R. 512 & Broadway St. Drainage Restoration — Fellsmere (IRC — 2006)
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.
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.
J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-
verify.gov) 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 an affidavit
from all subcontractors, as required in Section 448.095(5)(b), F.S., stating the subcontractor does not
employ, contract with, or subcontract with an unauthorized alien.
K. Contractor will comply with all the requirements as imposed by the Americans with Disabilities Act of
1990 ("ADA"), the regulations of the Federal government issued thereunder, and the assurance by the
Contractor pursuant thereto.
ARTICLE 7 - 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 2024036;
(6) Addenda (i);
(7) CONTRACTOR'S Bid Form;
(8) Bid Bond;
(9) Qualifications Questionnaire;
(10) Drug Free Workplace Form;
(11) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships;
(12) Certification Regarding Prohibition Against Contracting with Scrutinized Companies;
(13) Certification Regarding Lobbying;
2024036 C.R. 512 & Broadway St. Drainage Restoration — Fellsmere (IRC— 2006)
(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) Change Order(s).
ARTICLE 8 - 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.
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.
2024036 C.R. 512 & Broadway St. Drainage Restoration — Fellsmere (IRC — 2006)
(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@indianriver.gov
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 9: 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
2024036 C.R. 512 & Broadway St. Drainage Restoration — Fellsmere (IRC— 2006)
(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. 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.
2024036 C.R. 512 & Broadway St. Drainage Restoration — Fellsmere (IRC — 2006)
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.
2024036 C.R. 512 & Broadway St. Drainage Restoration - Fellsmere (IRC - 2006)
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 May 21, 2024 (the date the Agreement is approved by the Indian River County
Board of County Commissioners, which is the Effective Date of the Agreement).
OWNER: ••,...,, CONTRACTOR:
.••'�pA1M/g '••.
INDIAN RIVER COUNTY ` J���y. 5X ices o
•v:
By: � s
S s n Adams, Chairman • =?oma• •Q° (Contractor)
•`'R�i'fR COUN�'•''•.
By: (CORPORATE SEAL) dlA
hn A. Titkanich, Jr., County Administrators_
Attest
APPROVED AS TO FqFM AN G LSU IENCY:
By:
William K. DeBraal, County Attorney
Ryan L. Butler, Clerk of Court and Comptroller
Attest:
Deputy Clerk
(SEAL)
Designated Representative:
Name: Kirstin Leiendecker, P.E.
Title: Acting Public Works Director
Address: 180127th St., Bldg. A, Vero Beach, FL 32960
Phone: (772) 226-1384
Email: kleiendecker@indianriver.gov
MARYJEANNEWILM
* * Commission 6 HH 274614
ExGres August 10, 2026
Address for giving no . es:
License No.
(Where applicablle
Agent for service of process: ObE'iJ'
Des ignat epresentative:
Name:
Title:
Address:
VP�o Zeock, 42 -
Phone: -1zG --Al
Email: SZ�j52/W �e5 2/�.rO.a� •�' �r
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
2024036 CR 512 and N Broadway St. Drainage Restgration (IRC -2006)
Project Name
Bid #:
Bid Opening Date and Time:
Bid Opening Location:
The following addenda are hereby acknowledged:
Addendum Number
#1
Bid Form
2024036
April 24, 2024
Purchasing Division, B1-303
180027 th Street
Vero Beach, FL 32960
Date
4/2/2024
2:00 P.M.
Bidder shall furnish all labor, materials, equipment, and incidentals necessaryto perform additional ork not covered
on the Contract Drawings. The FORCE ACCOUNT is intended as a contingency for unforeseen wo k. A Lump sum
amount for FORCE ACCOUNT work is included in the bid schedule. In accordance with all to ms, conditions,
specifications, and requirements, the Bidder offers the following:
Item
Unit Price
Unit
Quantity
Tot;,
I
102-1 Maintenance of Traffic
$ 500.00
LS
1
$ 509.00
104-2 Prevention, Control & Abatement of
Erosion and Water Pollution
$ 500.00
LS
1
$509.00.00
i
430-1 Light CleaningDrainage Pipe, 12 — 36"7.85
LF
5,094
$ 39987.90
430-2 Light Cleaning Drainage Pipe, 42" — 66"
$7.85
LF
3,740
$29.359.00
430-3 Heavy Cleaning Drainage Pipe, 12" — 36"
$8.25
LF
1,000
$ 8,250.00
430-4 Heavy Cleaning Drainage Pipe, 42" — 66"
$8.25
LF
1,000
$8,250.00
430-5 Drainage Structure Cleaning to 6' Depth
$ 70.00
EA
55
$3,850.00
430-6 Drainage Structure Cleaning, Greater
Than 6' Depth
$ 85.00
EA
30
$ 2,5P0.00
430-7 CCN Inspection$1
70
LF
8,834
$15,p17.80
430-8 Diving Inspection & Repair
$ 850.00
Day
5
$4,2
50.00
570-1 Performance Turf (Sod) (Bahia)
$ .44
SY
500
$22(.00
Page 30 of 52
2024036 CR 512 and N Broadway St. Drainage Restoration (IRC -2006)
Item Unit Price Unit
Quantity To al
999-1 Record Drawings $ 2,500.00 LS 1 i
$ 2500.00
Force Account $100,000.00 LS 1 $ 1p0,000.00
Total Bid Price $ 215,234.70 j
Two Hundred and Fifteen thousand Two Hundred Thi
Four Dollars and Seventy Cents
Total Bid Price in Words
Project completion time after receipt of "Notice to Proceed" : 180 days
The undersigned hereby certifies that they have read and understand the contents of this
agree to furnish at the prices shown any or all of the items above, subject to all instructi
specifications, and attachments hereto. Failure to have read all the provisions of this
not be cause to alter any resulting contract or request additional compensation.
Company Name: South East Services of the Treasure Coast, Inc.
Company Address: 815 10th Court SW
City, State Vero Beach, FL
Telephone: 772-226-7416
E-mail: seservices@belisouth.net
Zip Code 32962
Fax: 772-226-7432
elicitation and
ns, conditions,
licitation shall
Business Tax Receipt Number: 27515370.000 FEIN Number: 20-3686374
Authorized Signature: Date: 04/18/202
Name: Robert Foress Title: President
(Type / Printed)
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