HomeMy WebLinkAbout2025-0282025009 Fairgrounds Marquee Sign Replacement
Agreement
THIS AGREEMENT, entered into this 11th day of February 2025, by and between INDIAN RIVER COUNTY, a political
subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and Art -Kraft Sign Company, Inc.
hereinafter referred to as the "CONTRACTOR".
ARTICLE 1 - WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally
described as design and replacement of marquee sign at Indian River County Fairgrounds, as detailed in Request for
Proposals 2025009.
ARTICLE 2 - CONTRACT TIMES
2.01 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.
2.02 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 90th day after the date when the
Contract Times commence to run.
2.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will
suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus
any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will
commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved
in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated
damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $988.00 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
3.01 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 Price Proposal, attached hereto as Exhibit 1.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents:
Numerical Amount: $ 106,464.50
2025009 Fairgrounds Marquee Sign Replacement
Written Amount: One hundred, six thousand, four hundred, sixty-four dollars and fifty cents.
ARTICLE 4 - PAYMENT PROCEDURES
4.01 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.).
4.02 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 5 - INDEMNIFICATION
5.01 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
6.01 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 Request for Proposal 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
2025009 Fairgrounds Marquee Sign Replacement
Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident
thereto.
E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies,
or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and
in accordance with the other terms and conditions of the Contract Documents.
F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that
relates to the Work as indicated in the Contract Documents.
G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations
obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
H. CONTRACTOR has given OWNER written notice of all 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-
veri ov) 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 and utilization for all subcontractors.
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
7.01 Contents
A. The Contract Documents consist of the following:
(1) This Agreement;
(2) Notice to Proceed;
(3) Certificate(s) of Liability Insurance;
(4) Request for Proposals 2025009;
(5) Addenda (numbers 1 to 3 , inclusive);
(6) CONTRACTOR'S Submitted Proposal (including all forms);
(7) 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).
2025009 Fairgrounds Marquee Sign Replacement
ARTICLE 8 - MISCELLANEOUS
8.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the Request for Proposals.
8.02 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.
8.03 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.
8.04 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.
8.05 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.
8.06 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.
2025009 Fairgrounds Marquee Sign Replacement
(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
180127th Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement.
Article 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
(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.
2025009 Fairgrounds Marquee Sign Replacement
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.
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.
2025009 Fairgrounds Marquee Sign Replacement
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.
OWNER:
CONTRACTOR:
r
i��Ja-VRIdE �Q� .
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By:
J nifer, Shuler, County Attorney
Ryan L. Butler, Clerk of Court and Comptroller
Attest: O`E wu/-)J
Deputy Cler
(SEAL)
Designated Representative:
Scott Knauer
Facilities Foreman/Fairgrounds
5500 77" Street, Vero Beach, FL 32967
772-226-1035
sknauer@indianriver.gov
,((CO TRAORI I
PonAi" y
(CORPORATE SEAL)
Address for giving notices::
6 7S� �
F-1 3A90s,
License No. L— 5 U oco I r7 O
(Where applicable)
I
S EC,
Agent for service of process: ()of) Id h. Pi `( �
Designated Representaive:
Name: I. 1 .
Title: Vrfn) Fr\�-
Address:
�k�s � ;'b" C; rc, n E
rel m Q y , i--( 31 -
Phone: 314- ff k 3
Email: dan
(if CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
2025009 Fairgrounds Marquee Sign Replacement
Exhibit 1 to the Agreement — Price Proposal Form
„AAK
Art -Kraft Sign Company, ince
1 1
QUALITY SIGNAGE SINCE
2675 KIRBY CIR. NE., PALM BAY, FL. a
PH ,
Proposal Submitted To
Contact Name
Date
Indian River County
Shelby Ball
02/12/25
Phone Cell
Sales Rep
Don Reilly
Job Name & Location
E -Mail
Designer
sball@indianriver.gov
Wayne Mills
Indian River County Fairground
7955 58th Ave
Design Numbeq
Vero Bch, FL
Proiect Number -- _. Invoicina Contact Name PB,BvucaBIEI Invoicing Contact E -Mail C-1
P.O. Number,,,Ar�.,�<B;r
Sub Total Sales Tax (7.0%) Proposed Cost ° - ° „ -
50% Reg, Deposit
$0.00 TwAo o $0.00
$0.00
Art -Kraft Sign Company, Inc. (AKS) ("Contractor') hereby proposes to furnish ALL labor and materials to complete in accordance with the below specifications forthe total sum as shown above. Payment
terms are as follows: The client shall provide a NON-REFUNDABLE deposit of (50%) of the total cost upfront upon signing this agreement. The remaining balance
shall be palet In full at the time of
completion of installation and/or prior to shipping of completed project/asset. Associated permit and engineering fees will be billed as extra M AKS cost PLUS cost lo obtain. AKS liability for any claims
arising from the services) provided shall be limited to the total amount paid by the client under this agreement. The Contractor shall not be liable for any indirect,
incidental, or consequential damages.
Art -Kraft Sign Company, Inc. ensures that its employees are fully covered by workers' compensation insurance as mandated by law."
For more information and complete terms/conditions, please visit WWW.ART-KRAFTCOM/TERMS
AKS Rep. Name LDen Reis AKS Representative Signature X
AKS to supply all labor & materials to fabricate & install the following:
Design #46742:
Remove existing sign to grade & dispose.
(1) - 12'-0” x 10'-3" Double faced illuminated monument sign with
Watchfire 6mm 240 x 480 RGB LED sign.
Price: $106,464.50
Note: Price includes permit & engineering if required.
Primary electric to new sign by others, not included.
All Major
Credit Cards
Accepted
Subject to 3. Servs Fee R`
'PERMITTING AND ENGINEERING FEES BILLED AS EXTRA AT AKS COST PLUS COST TO OBTAIN' 'PRIMARY ELECTRICAL CONNECTION and/or PRIMARY ELECTRICAL PERMIT PROVIDED BY OTHERS.'
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INDIAN RIVER COUNTY FAIRGROUNDS
7955 58th AVE.
VERO BEACH, FLS-
2'-0"
24"
Indian River County WI'
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INTERNALLY ILLUMINATED DOUBLE SIDED FREESTANDING SIGN WITH LED DISPLAYS
"����'"' SCALE 3/8" = 1'-0"
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CUSTOMER INDIAN RIVER COUNTY FAIRGROUNDS
SALES REP. DON DESIGNER WAYNE DATE 9-10-24
• ..r _ /.,�—f1 /�.;��J 1 �1_�JJ J.fif,J �ri.�_`.•/�lJi J1J JJ
2675 Kirby Circle N.E. Palm Bay Fl., 32905 (321) 727-7324 FAX (321) 951-2466 This Design, in whole or in part, is the property of Av
2025009 Fairgrounds Marquee Sign Replacement
PROPOSAL PRICING — RFP 2025009 and Fairgrounds Marquee Sign
Replacement
Proposer submits the following prices for the work described in this solicitation:
ITEM DESCRIPTION
TOTAL PRICE
Furnish all labor, material and equipment to remove and $ 104,004.50 *Additional $2,460.
Ldispose of old sign and furnish and install new digital marquee for negotiated sign
The undersigned hereby certifies that they have read and understand the contents of this solicitation
and agree to furnish at the prices shown above all of the services specified in the RFP document, 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.
Art -Kraft Sign Company, Inc.
Name of Firm
Authorized Signature
President
Title
09/24/2024
Date Signed
2675 Kirby Circle NE
Address
Palm Bay, FL 32905
City, State, Zip Code
( 321 ) 727 - 7324 # Jo l
Phone
d(jr\@art-kraft.com
E-mail
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