HomeMy WebLinkAbout2005-290 11 -04 -200S 12 : 10PM FROM INDIAN RIVER COUNTY 7727789391 P . 2
AGREEMENT +°
THIS AGREEMENT made and mtered into this " day of August , 2005 ,
by and between Omni Pinacle. LLC hereinafter called the
CONTRACTOR and INDIAN RIVER COUN'T'Y herein called the O'W'NER .
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 of advertised and sealed bid in Indian River County Bid ## 7 !G for
Indian River County Disaster Debris removal and Disposal Contract ;
OWNER desires to purchase certain goods and services as more specifically set forth in Exhibit B
attached hereto and made a part hereof from Contractor on the terms and conditions set forth herein ,
and at the unit prices set .forth . in the Bid Form attached hereto and made a part hereof. This
Agreement constitutes a binding Contract when signed by the OWNER and accepted by the
CONTRACTOR , either by execution of this AGREEMENT, or by commencement or rendering of
services without reservations.
Article 2 . NOTICE TO PROCEED
The CONTRACTOR shall not commence work until it receives a written Notice to Proceed from the
OWNER . The CONTRACTOR shall commence work within the time frames 'established in Exhibit
B for the type of service or project requested after receiving the Notice to Proceed unless the Notice
to Proceed indicates otherwise .
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 OWNER and CONTRACTOR agree to maintain records, invoices, and payments for the work.
The CONTRACTOR shall provide Performance Bonds for all work in this Agreement.
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 .
Page 23 of 30
F:\Public Works\Capital ProjwjNJJurricune Contructs\Hurricane Debris Pw wvul Bid U)ocument - Finul.duc
11 -04-2005 12 : 11PM FROM INDIAN RIVER COUNTY 7727789391 P . 3
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 Bid Form .
The CONTRACTOR ' s price at the time of delivery of goods and services will be : a) the price set
forth on the Bid Form ; and b) when not delineated on the Bid Form, the prices established in the
version of the FEMA rate structures applicable when the CONTRACTOR is given Notice to Proceed.
The CONTRACTOR, by June 1 of each year, shall notify the COUNTY in writing of any proposed
price schedule changes with justification for each change. The COUNTY will either accept the
proposed changes or decline to accept the price changes within thirty (30) days and ask
for
negotiation.
Article 5 . PAYMENT PROCEDURES
Progress .Payments: OWNER shall make progress payments on account of the Contract Price on the
basis of CONTRACTOR ' s Applications for Payment at intervals not less than once each month during
performance of the Work as provided below.
1 . Ninety percent (90%) of Work completed (with the balance being retainage); and
2. Eighty percent (80%) of cost of materials and equipment not incorporated in the Work
but stored on the Project site (with the balance being retainage) .
Final Acceptance and Payment: When the work provided for under this contract has been completed,
in accordance with the terms thereof, a 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.
In accordance with the Florida Prompt Payment Act, after final acceptance by the OWNER, the
OWNER shall make payment to the CONTRACTOR in the full amount. PAYMENT 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 Terms and Conditions, Invitation to Bid Form, Qualification Questionnaire, Special
Provisions - Disaster Debris Removal and Disposal Services (Exhibit B), Insurance Requirements
(Exhibit A), Performance and Payment Bonds, 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.
Article 8 . CONTRACT PERIOD
This Contract shall be binding on the parties for a period of twenty- four (24) consecutive months
from the date of this Contract by both parties unless terminated earlier in accordance with its terms .
The County may extend the term of this Contract for up to three (3 ) additional terms of twelve ( 12)
months each on the same terms and conditions .
Page 24 of 30
FVublic works\Capital PMcctsU{urricanc Contraets\llurricane Vebris Removal Sid Document - FinaLtIm
11 -04-2005 12 : 12PM FROM INDIAN RIVER COUNTY 7727789391 P . 4
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 23,2005 (the date the Contract is approved by
the Indian River County Board of County Commissioners, which is the Effective Date of the
Agreement).
OWNER. CONTRACTOR :
INDIAN RIVER COUNTY
B3rBy:
Thomas S . Lowther, Chairman (Contractor)
By: ORPORATE' SEAL)
teph . aird, County AIFJ! istrator
Attest
APPROVED AS TO FORMA LEGAL
SUFFICIENCY:
By:
Ll�04
% William G. Collins, II, County .Attorney Address for giving notices :
Jeffrey K. Barton, Clerk of Court S �iA • ,s<s
License No,
Attest: -'4 •, ' .
(Where applicable)
Dil*ty CI
(SEAL) -viAgent for sece of process :
•`ti r^, ''e . • a e : • • .
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to sign.)
Page 25 of 30
FUPublic WorkstCapioI Frojectc\Hurricaae Cuntmas\municau Debris Removal Sid Document - Final .duc
NOV , 4 . 2005- 2 ; 16P - 0- 2344- P . 2 / 2
CERTIFICATE OF LIABILITY INSURANCE7 BATE ( "
MDNTM
11/02/2005
PRODUClR (504) 455 -4545 FAX (504) 88$ - 6645 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Ellsworth Corporation ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P . 0, Box 84860 HOLDER• THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Baton Rouge , LA 70884 ALTER THE GE APORIDED BY THE LIC- BELOW.
22S- 292 - 2430 INSURERS AFFORDING COVERAGE NAIC 9
wsu m Omni Pinnacle , LLC INSURERA: Scottsdale Insurance Co . 41297
130 W . Howze Beach Rd . INsuRERe: Clarendon America Ins . Co . 43095
Sl i dei i , LA 70458 RE V1 INSURER c: Landmark American Ins . Co .
SED INS~ O: American Horne Assurance Co .
INSURER E:
THE POLICIES OF INSURANCE LiSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWfTHSTANDINI
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
A+m TYPE OF INSURANCE POLICY NUMMPOLICY POucr EfIPIlAT10N u b
GENERAL LIASA Y CLS1130371 05/07/2005 05/07/2006 EAcHOCCURRENCE s
1 000 No
10001
X COMMERCIAL GENERAL LIABILITY DAMAO TO RENTED i SO
CLAIMS MADE � OCCUR MED EXP (Any on Pweon) S 1
A 40001
PERSONAL & ADV INJURY 3 1 000
GENERAL AGGREGATE 3 2 000
G@TL AGGREGATE LIMITAPPLIES PER; PRODUCTS • COMP/OP AGO S Z10001
POLICY JECOoT ri LOC
AUTOMOBILE UABtNTY DSA014614 05/07/2005 OS/07/2006 O B SINGLE E LIMIT
ANYI 1000 , 0
ALL OWNED AUTOS BODILY INJURY
X SCHEDULED AUTOS (Per person) S
B
X HIRED AUTOS
BODILY INJURY S
X NON.OWNEDAUTOS (per ae dad)
PROPERTY DAMAGE
(Peraocipenq
GAVE LMMBLnr AUTO ONLY • EA ACCIDENT S
ANY AUTO EA ACC i
OTHER THAN
AUTO ONLY. AGG S
EXCIMSIUMBRELLALIAMTV LHA029980 OS/07/2005 OS/07/2006 EACH OCCURRENCE a 5 000 , 00(
X OCCUR CLAIMS MADE AGGREGATE i
C i S 000 00
DEDUCTIBLE S
X RETENTION i 101000S
WORNERSCOMPENSATION AND WC1943935 09/21/2005 09/21/2006 X X!TATu 0TM-
VMPLDTFA4' LJABB.ITr ER
D ANY PROPRIETOIVPARTNEWExECUTIVE 61 EACH ACCIDENT i 1 OOO
OFFICERIIIEMBER EXCLUDED? EL DISEASE • EA EMPLOYE 0 0
SPECIAL PR S De1PI
s 100
M L !S a urMer EL DISEASE • POLICY LIMIT S 1 000
OTHER
DESCWTWN OF OP TIONS I LOCATIONS I V8EC " r EXCpUMM8 ADDED BT ENDOR9alEHT I BCIAL PROVISIONS
t is agreedthat the certificate holder is named as 1WJ oval Insured on the General
iability policy , as required by written contract .
CPA TE HOLUER
SHOULD ANY OF THE ABOVE DESCRIBED POLIOS 8E CANCELLED BEFORE TME
Indian Rivers County EXPBM►TI N OATS THEREOF, THE ISSIANO INSURER WILL ENDEAVOR TO MAB.
Purchasing Division 30 GAYS WRITnm NOTTCE TO THE CERTaaCATE NOLOER NAMED TO THE LEA,
1$ 40 25th Street OUT FAN_uRETOMAL SUCH NOTICE SMALL IMPOSE NOOKMATWNORuABILITY
Suite N11$ OF ANY XBID UPON THE VMRER, iTS AGENTS OR REPRESENTAWK&
Vero Beach , FL 32960 AMOR¢EDREIRILESENTATIK
Nally Mehrtens L
ACORD 28 (2001108) OACORD CORPORATION 1888
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca,
Illinois, each does hereby make, constitute and appoint:
STEVEN L. WULFF, JACK R. SHUGG, JR.
THOMAS J. McMAHON, JR. and DANA M. PLAISANCE
jointly or severally
Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted
by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: TEN MILLION ( 10,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24`h of March, 2000 :
"RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any
Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
led
By i CORPORATE j
Paul D. Amstutz, President & Chief Executive Officer of Washington International Insurance Company & x
s v I =
Vice President of North American Specialty Insurance Company yt SEAL
! 0
Bit"
Steven P. Anderson, Executive Vice President of Washington International Insurance Company &
Vice President of North American Specialty Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 18 day of may 12004 .
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Du Page ss :
On this 18 day of May 20 04 , before me, a Notary Public personally appeared Paul D. Amstutz President and CEO of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson
Executive Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
OfFICta1 SFAs Q -
7AtN11M/AH►TE1, 6
MOT/iIW a5iF1AC .ffATE Or N4wpS
Yasmin A. Patel, Notary Public
V�,�MWwsMMnMh .
L
I , James A. Carpenter the duly elected Assistant Secretary of North American Specialty Ins, ap and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct co c& a ti�i a of A iven b said
North
Y fY g g PY ,. � �� . Y
American Specialty Insurance Company and Washington International Insurance Company, which is still infulf foial3ert r
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of _ ` ' ` ' LL�" k til—,
. ,
James A. Carpenter, Vice President & Assistant Sogretary oflydpna62nsum, ce Company &
Assistant Secretary of North Anirim 9Mxialiy Insurance Cogodny
L
Performance and North American Specialty Insurance Company
Payment Bond 650 Elm Street, Manchester, New Hampshire 03101
Bond Number : 2058263
KNOW ALL MEN BY THESE PRESENTS , THAT,
Omni Pinnacle, L . L . C . , 1330 Corporate Square Drive , Slidell , Louisiana 70458
(hereinafter called the Principal) , as Principal, and North American Specialty Insurance Company, a corporation
organized and existing under the laws of the State of New Hampshire and authorized to conduct business in the State of
Louisiana (hereinafter called the Surety) , as Surety, are held and firmly bound unto
Indian River County, Public Works Department, 1840 25th Street, Vero Beach , Florida 32960
(hereinafter called the owner), and to all persons who furnish labor or material directly to the Principal for use in the
prosecution of the work hereinafter named, in the just and full sum of
One million dollars and no cents ($ 11000 , 000 . 00
T .) Dollars ,
to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and their
respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents .
WHEREAS , the Principal has entered into a certain written contract with the Owner, dated the 7" day
Of2005 , for Hurricane Debris Removal & Disposal Contract Indian River
County, Florida
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall fully indemnify
the Owner from and against any failure on his part faithfully to perform the obligations imposed upon him under the terms
of said contract free and clear of all liens arising out of claims for labor and material entering into the work, and if the said
Principal shall pay all persons who shall have furnished labor or material directly to the Principal for use in the
prosecution of the aforesaid work, each of which said persons shall have a direct right of action on this instrument in his
own name and for his own benefit, subject, however, to the Owner ' s priority, then this obligation be null and void,
otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that no action, suit or proceeding shall be had or maintained against the Surety on this
instrument unless the same be brought or instituted and process served upon the Surety within two years after the
completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety, or Owner;
but if there is any maintenance period provided in the contract for which said Surety is liable , an action for maintenance
may be brought within two years from the expiration of the maintenance period, but not afterwards .
IN WITNESS WHEREOF the said Principal and Surety have signed and sealed this instrument this day of
2:2009 /)07A- r' 200*E
Omni Pinnacle, L . L. C .
1701290 �' ' "
THIS DOCUMENT HAS BEEN RECORDED NORTH ERICAN SPECIATLY INS R1 C CID PANY
IN THE PUBLIC RECORDS OF xa`L3 ,
INDIAN RIVER COUNTY FLw " a
.+ M
BK : 1956 PG : 1251 , Pagel of 7
11107/2005 at 08 :46 AM ,
Steven L . Wulff, Attorney-in Fadt4 �y
JEFFREY K BARTON, CLERK OF
COURT r I - , ) ,4� . . ya `` r .will ,
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM INSURANCE COVERAGE
ENDORSEMENT
Coverage for acts of terrorism as defined in § 102(1 ) of the Terrorism Risk Insurance
Act of 2002 ("fine Act") is already included ►n this surety bond . You should know that,
effective November 26; 2002, under your existing coverage , any losses caused by
certified acts of terrorism would be partially reimbursed by the _ United States under a
formula established by federal law. Under this formula , the United States pays 90%
of covered terrorism losses exceeding the statutorily established deductible paid by
.the insurance company providing the coverage. The portion of your annual premium
that is attributable to coverage for acts of terrorism is tD .
As your insurancetsurety company we are sending you this notice to comply with the Terrorism Risk `
Insurance Act of 2002.
For questions regarding this notice please visit our website www_nassuretv.com or you may cap our
office at 630- 227- 4825.
REV: 2/03 agent notice