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Home My Public Portal About3140 Polo Dr Stromwater Outfall AgreementAGREEMENT This AGREEMENT is made this a7 day of jt)(y�C , 2018, by and between the Town of Gulf Stream, 100 Sea Road, Gulf Stream, FL 33483 ("Town" or "Owner') and LCCI Construction, located at aW" C Contractor"). Owner and Contractor agree as follows: l.h(d%KNILLI FL 33319 1. GENERAL. a. The Contractor has agreed and by these presence does hereby agree with the Owner, that he will duly perform, carry out and be bound by each every one of the terms, provisions, conditions, covenants and agreements as set out and contained in this Agreement and the Town's ITB No. 18-01 3140 Polo Drive Stormwater Outfall, dated April 22, 2018 ("ITB 18-01"), including the Scope of Work and specifications contained in Exhibit A to ITB 18-01 ("Scope of Work") (collectively, "Agreement" or "Contract Documents"). b. The Contractor acknowledges that he has investigated and correlated his observations with the requirements of this Agreement and satisfied himself as to the conditions affecting the work. These conditions include, but are not limited to, those bearing upon transportation, traffic control, disposal, handling and storage of materials, availability of labor, water, electrical power, roads and uncertainties of weather, canal stages or similar physical conditions at the site and the character of equipment and facilities needed to preliminary to and during prosecution of the work. The Contractor further acknowledges that it has satisfied itself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Contractor and the Owner, as well as from information presented by ITB 18-01 and during an on- site pre -construction meeting on June 21, 2018. Any failure of the Contractor to acquaint himself with the available information will not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Owner assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the Owner, its officers or employees, or Matthews Consulting ("Town Engineers"), prior to the execution of this Agreement, unless such information has been expressly stated in the Contract Documents. c. The Agreement represents the entire and integrated agreement between the Owner and Contractor, and supersedes prior negotiations, representations or agreements, either written or oral, except for those in ITB No. 18-0I, which the parties deem to be incorporated into this Agreement by reference and included in the definition of "Agreement" and "Contract Documents'". 2. PROTECTION OF PERSONS AND PROPERTY. a. The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs, including all those required by law in connection with performance of the Agreement. The Contractor shall take reasonable precautions to prevent damage, injury, or loss to employees while performing this Agreement and other persons who may be affected thereby, the work and materials and equipment to be incorporated therein, and other property at the site or adjacent thereto. b. Contractor acknowledges Contractor is familiar with the location of the drainage easement contained in the Scope of Work and is aware that construction materials of considerable value are located on 3140 Polo Drive, the private property containing the Town's drainage easement. Contractor is liable for any property damage caused in whole or in part by Contractor, or by anyone for whose acts the Contractor may be liable. This includes but is not limited to private property located on 3140 Polo Drive. 3. SCHEDULE. a. Work under this Agreement shall be performed in accordance with the Code of Ordinances of the Town of Gulf Stream. Arrival time to the job site shall be no earlier than 8:00 AM and departure time no later than 5:00 PM, Monday through Saturday. Sunday and holiday work will require approval by the Town. b. An executed Agreement shall be deemed a Notice to Proceed. Upon receipt of the Notice to Proceed, Contractor agrees to commence with the work within eight (8) calendar days and to faithfully prosecute the same in a continuous and uninterrupted manner and to complete the same in all respects in accordance with the Scope of Work in no more than thirty (30) calendar days from the effective date of the Notice to Proceed. c. Failure by the Contractor to commence work within five (5) business days of the date of the Notice to Proceed shall entitle the Town to render the Agreement null and void; and to seek compensation from Contractor for any damages associated with Contractor's failure to perform. 4. PAYMENT. a. Upon faithful performance of this Agreement in all respects by the Contractor, the Owner agrees to pay the Contractor the sum of $46,000, which is the entire contract price ("Final Payment"). Final Payment for the work becomes due and is payable 2 within thirty (30) days after receipt of the final payment application and all required back-up documentation, approval of the work by the Town Engineers, and acceptance of the work thereof by the Owner. b. The Contractor shall furnish the Owner with Final Release of Liens for all subcontractors and suppliers prior to Final Payment. 5. LABOR AND MATERIALS. a. The Contractor shall provide and pay for all labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Agreement. b. The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out this Agreement. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 6. INSURANCE. a. This Agreement hereby incorporates by reference the insurance section, including all terms and requirements, in ITB 18-01 section 23. LIABILITY INSURANCE, LICENSING, & PERMITS. This includes but is not limited to Comprehensive, General Liability Insurance; Comprehensive Automobile Liability Insurance; and Workers Compensation Insurance. 7. TERMINATION. a. The Owner may terminate this Agreement for cause if the Contractor: i. repeatedly refuses or fails to supply enough properly skilled workers or proper materials; ii. fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the subcontractors; iii. repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or iv. is otherwise guilty of substantial breach of a provision of the Contract Documents. b. When any of the above reasons exist, the Owner, after consultation with the Town Engineers, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may: 3 i. take possession of the site and of all materials thereon owned by the Contractor, and ii. finish the Work by whatever reasonable method the Owner may deem expedient. c. When the Owner terminates this Agreement for cause, the Contractor shall not be entitled to receive further payment until the work is finished. if the unpaid balance of the contract sum exceeds costs of finishing the work, such excess shall be paid- to aidto the Contractor. if such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. d. The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. The Contractor shall be entitled to receive payment for work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the work not executed. Reasonable Overhead and Profit shall be IVo for Overhead and 10% for profit. 8. REQUIRED PUBLIC RECORDS CONTRACT LANGUAGE UNDER FS § 119.0701 a. The contractor shall comply with Chapter 119, Florida Statutes. Specifically, if the Contractor is acting on behalf of the Town, the Contractor Shall: - Keep and maintain public records required by the Town to perform the services being performed by the Contractor. - Upon request from the Town's custodian of public records or designee, provide the Town 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, Florida Statutes, or as otherwise provided by law. Ensure that records exempt or confidential and exempt from 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 Town. Upon completion of the Contract, transfer at no cost to the Town, all public records in possession of the Contractor or keep and maintain public records required by the Town to perform the service. If the Contractor transfers all public records to the Town upon completion of the Contract, the Contractor shall destroy any duplicate 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 4 retaining public records. All records stored electronically must be provided to the Town, upon request from the Town's custodian of public records or designee, in a format that is compatible with the infonnation technology systems of the Town. 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: TOWN CLERK 100 SEA ROAD GULF STREAM, FLORIDA 33483. (561)276-5116 rtaylor@gulf-stream.org IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year First above written. LCCI CONSTRUCTION, INC. Dated: 2018 $y: .� TOWN OF GULF STREAM, FLORIDA Dated: t)t� 2018 By: -- Town Ma �ger Attest: Approved as to form: