Okaloosa County BOCC — April 19, 2016 — PARTIAL CONTRACT (WITHOUT EXHIBIT A) — reading text

CONTRACT C16 - PW Gap Creek Stormwater Improvement Project This Contract executed and entered into this day of , 2016, between Okaloosa County, Florida, (hereinafter the “County”), whose principal address 1250 N. Eglin Parkway, Shalimar, FL 32579, and Carter’s Contracting Services, Inc., a foreign corporation certified to business in the state of Florida, whose principal address is 23263 Harmony Church Road, Andalusia, AL 36421, (hereinafter the “Contractor), and states as follows: WITNESSETH: I. Incorporation of Documents The following documents are incorporated by reference into this Contract and are attached as Exhibit “A™: 1. Request for Proposals & Acknowledgment/Contractor’s Submittal, RFB PW 17-16, Gap Creek Stormwater Improvement Project, date of opening April 6, 2016 and any addendums thereto. All terms within the above referenced documents are in full force and effect and shall be binding upon both parties. 1L Scope of Services and Payment The Scope of this Contract is for Contractor to make improvements to the Poplar Avenue Stormwater Pond (part of the Gap Creek Drainage Basin) in Fort Walton Beach, Florida. Further detail of the scope is outlined in attached Exhibit “A”. Any changes to the Contract shall be by a change order which must be agreed to and fully executed by the parties. Contractor shall be paid in accordance with the pricing outline in its submittal, attached as part of Exhibit “A”. III. Duration of Contract and Termination of the Contract The Contract will be valid when fully executed by both parties. Construction will begin once Notice to Proceed is issued. Contractor shall have a duration of ninety (90) calendar days to reach final completion of this project. The County may terminate the Contract with or without cause by providing ten (10) days written notice to the Contractor. If terminated, Contractor shall be owed for services rendered and equipment provided up until the point of termination. IV. Notice All notices required by this Contract shall be in writing to the representatives listed below: The authorized representative of the County shall be: Jason Autrey, Director Public Works Department 1759 South Ferdon Blvd. Crestview, FL 32536 Phone: 850-689-5772 jautrey@co.okaloosa.fl.us The authorized representative(s) for Carter’s Contracting Services, Inc. shall be: Mertha Carter Carter’s Contracting Services, Inc. 23263 Harmony Church Road Andalusia, AL 36421 Phone: 334-222-6670 Email: cedson@carters-contracting.com Courtesy copy to: Joanne Kublik Contracts & Leases Coordinator Okaloosa County Purchasing Department 5479A Old Bethel Road Crestview, FL. 32536 Phone: 850-689-5960 Fax: 850-689-5998 Email: jkublik@co.okaloosa.fl.us Any party shall have the right, from time to time, to change the address to which notices shall be sent by giving the other party at least five (5) business days prior notice of the address change. V. Governing Law & Venue This Contract shall be governed by and construed in accordance with the laws of the State of Florida, and the parties stipulate that venue shall be in Okaloosa County. VI. Public Records Any record created by either party in accordance with this Contract shall be retained and maintained in accordance with the public records law, Florida Statutes, Chapter 119. 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 OKALOOSA COUNTY RISK MANAGEMENT DEPARTMENT 5479 OLD BETHEL ROAD CRESTVIEW, FL 32536 PHONE: (850) 689-5977 riskinfo@co.okaloosa.fl.us. Contractor must comply with the public records laws, Florida Statute chapter 119, specifically Contractor must: 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 Florid Statutes 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 public agency 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 the public records. All records stored electronically must be provided to the public agency, upon the request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. VII. Assignment Contractor may not assign his interest in this Contract without the express written consent of the County, which will not be unreasonably withheld. VIII. Entire Contract & Waivers This Contract and Exhibit “A” as incorporated herein, contains the entire agreement between the parties and supersedes all prior oral or written agreements. Contractor acknowledges that it has not relied upon any statement, representation, prior or contemporaneous written or oral promises, agreements or warranties, except such as are expressed herein. The terms and conditions of this Contract can only be amended in writing upon mutual agreement of the parties and signed by both parties. The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of the County to enforce any of the provisions hereof shall not be construed to be a waiver of the right of the County thereafter to enforce such provisions. IX. Severability If any term or condition of this Contract shall be deemed, by a court having appropriate jurisdiction, invalid or unenforceable, the remainder of the terms and conditions of this Contract shall remain in full force and effect. This Contract shall not be more strictly construed against either party hereto by reason of the fact that one party may have drafted or prepared any or all the terms and provisions hereof. X. Independent Contractor Contractor enters into this Contract as, and shall continue to be, an independent contractor. All services shall be performed only by Contractor and Contractor’s employees. Under no circumstances shall Contractor or any of Contractor’s employees look to the County as his/her employer, or as partner, agent or principal. Neither Contractor, not any of Contractor’s employees, shall be entitled to any benefits accorded to the County’s employees, including without [imitation worker’s compensation, disability insurance, vacation or sick pay. Contractor shall be responsible for providing, at Contractor’s expense, and in Contractor’s name, unemployment, disability, worker’s compensation and other insurance as well as licenses and permits usual and necessary for conducting the services to be provided under this Contract. XI. Third Party Beneficiaries It is specifically agreed between the parties executing this Contract that it is not intended by any of the provisions of any part of the Contract to create in the public or any member thereof, a third party beneficiary under this Contract, or to authorize anyone not a party to this Contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Contract. XII. Indemnification and Hold Harmless To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the County, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Respondent and other persons employed or utilized by the Contractor in the performance of this Contract. IN WITNESS WHEREOF, the parties hereto have made and executed this Contract on the respective dates under each signature. OKALOOSA COUNTY ATTEST: J.D. Peacock, II, Clerk and Comptroller WITNESSES FOR CONTRACTOR By: Charles K. Windes, Jr., Chairman Date: / / CARTER’S CONTRACTING SERVICES, INC. Date: / /