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HomeMy WebLinkAbout2003-258C AGREEMENTo 3 `d'sy THIS AGREEMENT made and entered into this 29th day of September, 2003 , by and between Care-Full Air Conditioning, Inc. , hereinafter called the CONTRACTOR and INDIAN RIVER COUNTY herein called the OWNER. WITNESSED : That whereas, the OWNER and the CONTRACTOR for the consideration hereinafter named, agree as set forth below: Article 1 . SCOPE OF WORK As per specifications attached hereto identified as Attachment A. CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for the sum of Sixty Five Thousand Dollars ($65 ,000 . 00), all of the necessary labor, material, and equipment to perform the work described in accordance with the Scope of Work and Contract Documents , Article 2 . TIME OF COMPLETION 120 Calendar Days from receipt of the execution of this agreement. Article 3 . GENERAL The CONTRACTOR hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same the time limit specified herein in accordance with the plans and specifications. The CONTRACTOR agrees to utilize to the greatest extent possible all existing ducts, chase or pipes to avoid the least alteration possible to building ' s historical materials, appearance and character. To insure the maximum compliance with historical concerns, CONTRACTOR agrees to coordinate all work with Architect and Restoration Historian using the Standards for Historic Preservation as set forth by the Secretary of the Interior. The OWNER and CONTRACTOR agree to maintain records, invoices, and payments for the work. All work under this Contract shall be done to the satisfaction of the OWNER, who shall in all cases determine the amount, quality, fitness, and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon shall be final and conclusive ; and such determination and decision, in case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder. Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction, including appeal, if any, may be eliminated therefrom; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein. Article 4 . QUANTITIES AND PRICES The Owner shall pay the CONTRACTOR for all work included and completed in accordance with this Contract, based on the items of work set forth in the CONTRACTOR' S quote . Article 5 . ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed, in accordance with the terms thereof, that a lump sum payment request in the amount of such work shall be prepared by the CONTRACTOR, and filed with the OWNER within fifteen days after the date of completion. The final estimate shall be accompanied by a Certificate of Acceptance issued by the General Services Director, stating that the work has been completed to his satisfaction, in compliance with the Contract. In accordance with the Florida Prompt Payment Act, after receipt of the General Services Director ' s final acceptance by the OWNER, the OWNER shall make payment to the CONTRACTOR in the full amount . PAYMENT of the lump sum amount and acceptance of such payment by the CONTRACTOR shall release the OWNER from all claims or liabilities to the CONTRACTOR in connection with this Contract. Article 6. THE CONTRACT DOCUMENTS The General Conditions, Special Conditions, Specifications, Insurance Requirements (Exhibit A) , and Drawings or Specifications, together with this Agreement, form the Contract, and are fully a part of this Contract as if included herein. Article 7. VENUE 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 federal jurisdiction, in the United States District Court for the Southern District of Florida. (CONTRACTOR) (OWNER) CARE-FULL AIR CONDITIONING, INC . INDIAN RIVER COUNTY, FLORIDA 487 66 ` Avenue, Vero Beach, Florida 32967-7763 President ienneth R. Macht, Chairman Witnessed by : J Approved by BCC September 23 , 2003 6ounAttest : Jeffrey K Barton, Clerk of Circuit Court Bty AttDeputy Clerk oved as to Form and Legal Sufficiency James E Chandler, Indian River Co. Approved Date County Administrator Admi istration - LepW :r Budget y p3 Department Risk Mgt. oy o� ri 1 1 . 1 1 A • 1 • \ 1 1I • • � ' • • 1 ' 1 i ! \ 1 If • K • . IR \ 1 If • 1 1 , IR 1 I • 1 . MR I i I11 ► 1 • !J �': 1 :.� it rl Ma I 1 1 1 • 1 . 1 1 � / t 11 :' I • n 'i1 1 : t 1 - ' 1 ' ' 1 • • f • 1 it : : IA { 1 ' • :d ' AI I - Ii i { • • I ' 1 11 t • 1 '' � 1 ' ' : 11 Y1 I � I1 1 { 1111 ! : 1 1 1 f :+ f 1 `• li .. : • I • 1 1 I • t / • : M 1 1 - a I A { 1 • 1 - 1 • it II I f / A 1 1 - A • • • • 1NJ 1 1 • 1 �' ' 1 1 • ' ! W1 / • • 1 1 4ti • 1 A M :.,v14. M : 1 :� 1 i • { II / 1 / ' AI 1 1 :� Jt • 1 1 / • 1 : 1 1 1 i 1 1 ' ' Y. Y { • �.. • 1 1 Mi • i 1 • • • ' M • : f 1 :: I • ' % 1 ! ' • f - i 1 1 '': 1 - OM • 1 ' 1 1 • if '� 1 1 ' , 1 / 1 / • f :': 1 - :+: • 1 ' ' Y • { 41 ♦ t ' 1 :• IK a - I { Ir : 111 :il ' �- % 1 111 : ( 1 - •J • 1 : 1 : ill 1 / v 1 1 ' - I ' it fill 77A a M Na *17 / iIj : f • • 1 t / MUI11 1 - { 1t _ 1 1 -' li ' t - • I : 1 1 / { 1 • It 'A1 1 / / \ 1 - 1 1 • 1 A 1 • 1 11 / I . 1 i : ' • I : . - ' 1 ' 1 1 - 1 • 11 f 1 - \ - 11 - I A \ � 1 1 • : ! • i 1 ' t ! 1 • • If • 1 ! � t - 11 - • - • 1 � • • • • 1 - - • • ' 1 1 - Is • / tlll • ' • 1 1 • 1 -= MTSM : IA • 1 • 1 : / La I 11 ) 1 - 11 JIM • • 1 1 - • 1 f 1 - 1 - - 1 -• - 1 I r W 1 1 A t ! I fill 1 - • 1 1 .{ 1 - 1 " . 1111 ; . IIIIIOM : 1 1 I �: 1 : 1 1 ' 1 :� M - : fi 1 1 • ' Y ! • / :. 1 1 1 1 / LM i f 1111 . • 11 �. ' / 11 ' x+ : i : II • � 11 �+ 111: 11 _ : 1 1 , 1 MI ! : li ! �: 11 i � • LI11 !: 1 1 � i I :•: 4 1 1 1 / 1 t 1 I : 1 { 1 f ' 1 • 1 : { 1 f / 1 • ' : 1 - 1 1 - A 11 :' f • • • t t • I • 1 1 1 • \ • ' 11 1 1 � � The Fellsmere School Restoration Project Stage l Equipment List is as follows : Condensing Units 3 3& 1 /2 Ton 13 HPB (Heat Pump) 2 3 Ton 13 HPB (Heat Pump) 2 1 & 1 /2 Ton HP 29 (Heat Pump) 2 5 Ton 13 HPB (Heat Pump) Air Handlers 4 3 & 1 /2 Ton CB30M46 1 4 Ton CB30M-51 2 2 Ton CB30M-21 /26 2 5 Ton CB30M-65 All the above air handlers will have emergency strip heaters installed Thermostats . . . . . 9 Thermostats with remote sensors as needed. Smoke Detectors . . . 9 Smoke Detectors with remote annuciators as Wire, needed. Control re. . . (APPO,;k Thermostat wire and etc, for air handlers and detectors as needed . Hanging Hardware Threaded Rod . . . Unistrut . . . . Chain . . . "S"Hooks . . . as needed. Refrigerant Piping 7/8 Copper Tubing 3/8 Copper Tubing �A fpncc % OoQo Pcr 1 & 1/8 Copper Tubing 3/4 Copper Tubing Tubing to be installed as per manufacturer' s specifications. All Suction lines will be insulated with "Rubatex" or equivalent. Condensate Lines 3/4 and 1 " or other as needed . CA R,tio, , All equipment will be hung and strapped as per industry standards or local codes whichever is greater. Supply & Returns All conditioned spaces will be provided with ceiling or side-wall supply grilles and/or registers as needed Ducts All rigid fiberglass ducting and all flexable ducting and their connectors will be provided by contractor. All supply and return ducts will be sealed with mastic. Ducts will be hung and supported according to code. At the present time, there are still modifications that are being considered with respect to this Phase on the third floor. We believe, however that they will not affect the over-all cost as per estimate. 0 Po AAA EXHIBIT A INSURANCE REQUIREMENTS 1 . 0 INSURANCE : 1. 1 Owners and Subcontractors Insurance : The contractor shall not commence work until he has obtained all the insurance required under this section, and until such insurance has been approved by the owner, nor shall the contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor's work is covered by the protections afforded by the contractor's insurance. 1.2 Compensation Insurance : The contractor shall procure and maintain worker's compensation insurance to the extent required by law for all his employees to be engaged in work under this contract . In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the contractor shall provide adequate coverage for the protection of such employees. 1. 3 Public Liability Insurance : The contractor shall procure and shall maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The owner shall be an additional named insured on these insurances with respect to all claims arising out of the operations or work to be performed. Commercial General Liability $ 1 , 000,000 combined single limit (other than automobile) for bodily injury and property damage A) Premises/Operations B) Independent Contractors C) Products/Completed Operations D) Personal Injury E) Contractual Liability Business Auto Liability $ 1 , 000, 000 combined single limit for bodily injury and property damage A) Owned/Leased Automobiles B) Non-Owned Automobiles C) Hired Automobiles 1. 7. 4 Proof of Carriage of Insurance : The contractor shall furnish the owner a certificate of insurance in a form acceptable to the owner for the insurance required. Such certificate or an endorsement provided by the contractor must state that the owner will be given thirty (30) days written notice prior to cancellation or material change in coverage . Copies of an endorsement naming owner as Additional Name Insured must accompany the Certificate of Insurance .