HomeMy WebLinkAbout2015-160Agreement
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 CO Services, 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 spedfied or indicated in the Contract Documents. The
Work is generally described as follows:
Removal of Fill from Indian River Aquatic Preserve and Restoration of Head Island
ARTICLE 2 -THE PROJECT
I.01 The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described asfollows:
Project Name: Removal of Fill from Indian River Aquatic Preserve at Head Island
Bid Number: 2015048
Project Address: Head Island, also known as the Green Salt Marsh Conservation
Area, is located on the east shore of the Indian River Lagoon,
adjacent to 2105 Island Drive, Vero Beach, FL 32963
ARTICLE 3 - CONTRACT TIMES
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 Contract,
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 the66 th 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.B, below:
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A. For aI Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
8. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents:
Numerical Amount: $159'770.41
Written Amount: One hundred fifty-nine thousand seven hundred seventy doltars and forty
one cents
ARTICLE 5 - COMPENSATION
5.01 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.).
ARTCLE 6- INDEMNIFICATION
601 CONTRACTOR shafl indemnify and hold harmless the OWNER, and its officersand employeesfrom
liabilities, damages, Tosses and costs,incTuding, but not hmited 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
construction contract.
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 caref|ly 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 aH federaT, state,and Iocal Laws and Regu!ations
that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for haying 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 (pages 1 to 6 inclusive);
2. Public Construction Bond (pages 21 to 23 , inclusive);
3. Certificate(s) of Insurance
4. Addenda (numbers 1 to 1 inclusive);
5. CONTRACTOR'S Bid Form (pages 10 to 11 of 25, inclusive);
6. Bid Bond (pages 1 to 2 inclusive);
7. Affidavit of Compliance (page 12 of 25);
8. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships (pages 13 to 14 of 25, inclusive);
9. 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) Change Order(s).
Page 3 of 6
10. FDEP Permit
11. USACE Permit
ARTICLE 9 - MISCELLANEOUS
9.01 Terms
A. Terms used iri this Agreement will have the meanings indicated in the Invitation to Bid.
9.02 Assignment ofContract
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.
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 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 CountyFlorida, 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. lndian River County is a public agency subject to Chapter 119, Florida Statutes.The Contractor shall
comply with Floridas Public Records Law. Specifically, the Contractor shall:
(1) Keep and maintain public records that ordinarily and necessarily would be required by the
County in order to perform the service.
Page 4 of 6
(2) Provide the public with access to public records on the same terms and conditions that the
County would provide the records and at a costhat does not exceed the cosprovided in
chapter 119 or as otherwise provided by iaw.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by Iaw.
(4) Meet all requirements for retaining public records and transfer, at no cost, to the County all
public records in possession of the Consultant upon termination of the Agreement and
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements All records stored etectronically must be provided
to the County in a format that is compatibTe with the information technology systems ofthe
County.
8. Failure of the Consultant to comply with these requirements shall be a material breach of this
Agreement.
THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY
Page 5 of 6
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 18 , 20 15 (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 COUNTY
Wesley S. Davis, Chairman, Board of County
Commissioners
By
f '
h A. Baiosei rd, County Adminisat
or
PPROV
AND
Dylan Reingol ., County Attorney
IENCY:
Jeffrey R. Smith, Clerk of Court and Comptroller
Attest:
Deputy Clerk
(SEAL)
Designated Representative:
Name: Roland DeBlois
Title: Chief, Environmental and Code Enforcement
1801 27th Street
Vero Beach, FL 32960
(772) 226-1258
Fax (772) 978-1806
Page 6 of 6
CONTRACTOR:
By:
Attest
ntractor)
(CORPORA7LEAL)
Address for giving notic s:
/1 fw �Y
a jlY l rX = I -C 3.;)6'31
License No.(/S- U 2
(Where applicable)
Agent for service of process: (ov fkr
Designated Representative:
Name: VA utt•-\3 0
Title: k'c rs "aev,
Address:
/z �J ����e
lr Le, 3:2S3';'
Phone: X6,3 8 77— aS 9S
Facsimile: 667 (v 77_ /?S'
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
2015 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT
DOCUMENT# L09000068053
Entity Name: CO SERVICES LLC
Current Principal Place of Business:
12 WEST EAGLE AVE.
EAGLE LAKE, FL 33839
Current Mailing Address:
P.0 BOX 1500
EAGLE LAKE, FL 33839
FEI Number: 27-0540930
Name and Address of Current Registered Agent:
COVINGTON, MICHAEL
1905 BUFFUM LAKE TRAIL
FORT MEADE, FL 33841 US
FILED
Mar 04, 2015
Secretary of State
CC2980913096
Certificate of Status Desired: Na
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of FI
SIGNATURE.
d
Electronic Signature of Registered Agent
Authorized Person(s) Detail :
Title
Name
Address
City -State -Zip
Title
Name
Address
City -State -Zip:
MANAGING MEMBER
COVINGTON, MICHAEL
1905 BUFFUM LAKE TRAIL
FORT MEADE FL 33841
MEMBER
ABBRUZZEE, MICHAEL J
2585 SW 10TH CIRCLE
BOYNTON BEACH FL 33426
Title
Name
Address
City -State -Zip -
MEMBER
COVINGTON, ROBERT 0
16 AQUALANE DRIVE
WINTER HAVEN FL 33880
Date
I hereby certify that (he information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as it made under
oath; that I am a managing member or manager of the limited liability company or the receiver or Trustee empowered to execute (his report as required by Chapter 605, Florida Statutes: and
that my name appears above, or on an attachment with all other like empowered.
SIGNATURE: MICHAEL COVINGTON MANAGING MEMBER
03/04/2015
Electronic Signature of Signing Authorized Person(s) Detail Date