HomeMy WebLinkAboutDELETE SECTION 00520 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 Viking Painting, 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 work necessary to rehabilitate the 400,000-gallon
multi-leg steel elevated potable water storage tank located in Indian River County,
Florida, including the coating of new metalwork and hardware, removal of damaged or
corroded paint and re-coating and all accessory items to provide a complete and
structurally sound system as outlined in these documents.
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: Gifford Water Tank Structural Rehabilitation Phase 2
County Project Number: IRC-13.23.538
Bid Number: 2025067
Project Address: 4680 28th Ct, Vero Beach, FL, 32967
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.
4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be substantially completed on or before the 60th 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 90th calendar day after the date when the Contract Times commence
to run.
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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 $750.00 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$750.00 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.B, 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: $398,250
Written Amount: Three hundred ninety-eight thousand two hundred 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.
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 substantial completion 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. Payment of Retainage-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.
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.
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 un Security's
E-Verify system (www.e-verify.qov) 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.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement(pages 00520-1 to 00520-10, 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 00700-38, inclusive);
10. Supplementary Conditions(pages 00800-1 to 00800-13, inclusive);
11. Specifications as provided in Appendix B.
12. Drawings consisting of a title sheet(T-1),and sheets numbered N-1, N-2 and
S-1, with each sheet bearing the following project information: "Gifford WT
Water Tank Rehabilitation (phase 2)";
13. Addenda (1-3);
14. Appendices to this Agreement(enumerated as follows):
Appendix A—Plans
Appendix B—Technical Specifications
Appendix C—Structural Analysis
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. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive);
19. List of Subcontractors(page 00458-1);
20. Certification Regarding Prohibition Against Contracting with Scrutinized
Companies(page 00460-1);
21. Anti-Human Trafficking Affidavit (page 00462-1);
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
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(Windianriver.gov
Indian River County Office of the County Attorney
1801 27th Street
Vero Beach, FL 32960
B. Failure of the Contractor to comply with these requirements shall be a material
breach of this Agreement.
ARTICLE 11 —TERMINATION
11.01 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. 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.
11.02 The obligations of the COUNTY under this Agreement are subject to the
availability of funds lawfully appropriated for its purpose by the Board of County
Commissioners of Indian River County.
11.03 A vendor or service provider that breaches this agreement during an emergency
recovery period (1-year period that begins on the date that the governor initially
declared a state of emergency for a natural emergency) is to pay a$5,000 penalty and
damages which may be either actual and consequential damages or liquidated
damages. Additionally, the CONTRACTOR shall be liable for:
(1) any new cost incurred by the COUNTY 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 COUNTY to enforce its rights herein.
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 November 18,
2025.
COUNTY: CONTRACTOR:
� MISS/`
INDIAN RIVER COUNTY F��;" COMPANY NAME
Zr•tb •••-k•-•
By: 13y
D ryl Loa ,Chairman ;'o�V. .• Rory Sudbeck
;;!,i ` oQ= e: President
•
John A.Ti nich,Jr.,County Adnitrx.ttab�••''" (Corporate Seal)
(If CONTRACTOR is a
corporation or
partnership, attach evidence of
authority to sign)
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY: „ � ”" �
Attest: ��.MX (aAk/ �1�,t;L$4 ,
By: v Name:Catie Van Ornam
J nifer '.Shuler,County Attorney Title: Business Supervisor
Ryan L.Butler,Clerk of Court and Comptroller Designated Representative:
Name: Rory Sudbeck
le:
Presid
0//LOIA‘ G'� ut/l(�.k/ --- Addr 1o9o5 nt
Attest: Addressao9o5 Harrison St, La Vista,NE 68128
Deputy Clerk Phone: 8RR-847-8266
(SEAL)
Designated Representative:
Howard Richards,Capital Projects
1801 27th Street,Vero Beach,FL
772-226-1821
hrichards@indianriver.gov
* END OF SECTION*
Responses
Success:All data Is valid'
Numeric
5-1 Bid sem of Worn
Required Unit _or Pnce Total Cost
Success-All values provided 0.1 Mo0NrtlonUem 1 LS S 12,00000 $1 2,00000
dOMrNlon
Success:All values providedSold,n d
0.2 Ircwrr.
I LS 53,500.00 53,60000
:rmauvrn '
Success:All values provided =e:, 1 1,1,0,,,al. 1 LS $3,100.00 $3,100.00
In sue cu.'i
Success.All values provided ND 2.1 Sand Blast FUN / LS f 65,800.00 $65,500.00
Height d Structure
Pedam
Success:All values provided a1_ 2.2 e9td
Deon of 1 LS $0,90000 $6,90000
Pnnre end Coat
Success:All values provided =0 2.3 Fie Heated1 LS 5 2`8 75U 0 $258,350.00
Sinldere
Gilford Lettering _..
Success.-All values provided rU 7 2.4 ars Wen Rive
t LS S 17,500.00 $17,500.00
Court Seel-
Addendum 1
New FM
Success:All values provided ari-a 2.5 GEsinabOn Lr9h 1 LS f16,300.00 $16,300.00
and IWale50n-
Addardwn 1
New Sand pipe —._-_,.
Success:All values provided ori 2.6 Access Notch end
1 LS 57,20000 57,200.00
Notch Gasket-
Addendum 1
0a0e PS Gratin0
Success:All values provided _ 2.7 R:+placemert- I LS f 3,90000 5 3,900.00
Addendum 1
Contractor Pea-
Success:All values provided NCI.,1 3 Sbdfcaoon 1 LS S 3.400 CS S 3,100.00
Flection
0 394,260.0044