Okaloosa County BOCC — December 10, 2015 — I. h. Champion Contract — reading text

TOURIST DEVELOPMENT DEPARTMENT MEMORANDUM DATE: December 10, 2015 TO: Tourist Development Council FROM: Ed Schroeder, Tourist Development Department Director SUBJECT: Champion Contractors Contract STATEMENT OF ISSUE: Request approval to enter into a contract with Champion Contractors Inc. for Visitors Center interior renovation. BACKGROUND: On November 18, 2015 nine (9) bids were opened for RFB TDD 79-15 for Visitor Center interior renovation. The lowest, responsive bidder was Champion Contractors Inc. with a bid price of $62,557.00. Budget funds are available for this project. The draft contract attached has been reviewed and approved by legal, but the County contract coordination process has not yet been completed. Pursuant to section E.200 of the TDD Manual, the Council shall review and provide a recommendation for all proposed contracts requiring Board approval. OPTIONS: Approve or Deny RECOMMENDATION TO BCC: Approve the contract with Champion Contractors Inc. for Visitors Center interior renovation. Charlotte Dunworth From: Sunnie Estes Sent: Friday, December 04, 2015 7:42 AM To: Charlotte Dunworth Subject: RE: Contract for RFB TDD 79-15 Good Morning Charlotte, Kerry did sign the coordination sheet on 11‐30‐15. Sunnie Estes Purchasing Specialist Please note: Due to Florida’s very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this e‐mail communication, including your email address, may be subject to public disclosure and public record retention requirements. From: Charlotte Dunworth Sent: Friday, December 04, 2015 6:56 AM To: Sunnie Estes <sestes@co.okaloosa.fl.us> Subject: RE: Contract for RFB TDD 79‐15 Importance: High HI Sunnie, Just following up as I’m finalizing next week’s TDC agenda. Did Kerry provide a blue sheet for this? Thanks! Charlotte Dunworth Finance, Administration, & Compliance Manager 850.609.5385 | CDunworth@co.okaloosa.fl.us Emerald Coast Convention & Visitors Bureau 1540 Miracle Strip Pkwy. SE, Fort Walton Beach, FL 32548 #EmeraldCoasting “Top Beach in the U.S.” – USA TODAY EmeraldCoasting.com » Find us on Facebook » Visit our blog » Please note: Due to Florida’s very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. From: Parsons, Kerry [mailto:KParsons@ngn‐tally.com] Sent: Tuesday, November 24, 2015 3:05 PM To: Charlotte Dunworth <cdunworth@co.okaloosa.fl.us>; Sunnie Estes <sestes@co.okaloosa.fl.us> Subject: RE: Contract for RFB TDD 79‐15 That revision sounds great. From: Charlotte Dunworth [mailto:cdunworth@co.okaloosa.fl.us] Sent: Tuesday, November 24, 2015 4:03 PM 1  CONTRACT RFB TDD 79-15 Okaloosa County Visitors Center Interior Renovation This Contract executed and entered into this _____ day of ________, 2015, between Okaloosa County, Florida, (hereinafter the “County”), whose principal address is 1250 N. Eglin Parkway, Shalimar FL 32579, and Champion Contractors, Inc, whose principal address is P.O. Box 155, 5525 Grants Pass, Crestview, FL 32536 (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 Bids & Respondents Acknowledgment/Contractor’s Submittal, RFB TDD 79- 15 Okaloosa County Visitors Center Interior Renovations, due date November 18th, 2015 and any addendums thereto. All terms within the above referenced documents are in full force and effect and shall be binding upon both parties. II. Scope of Services For good and valuable consideration the sufficiency of which is acknowledged by all parties, the Contractor agrees to renovate an existing 904 sq. ft. meeting room and convert it into four (4) small offices and a conference room. The Contractor also agrees to provide labor, materials, necessary permit(s), machinery, tools, equipment and other means of construction necessary and incidental to the completion of work indicated by the County as set forth in the drawings and described in the specifications as set forth in attached Exhibit “A”. All additional work or cost to this project must be addressed during the construction and may be submitted for approval by Change Order. Documentation of the additional work or cost must be accompanied by Change Order. III. Payment For and in consideration of payments to be made by the County, the Contractor agrees to be paid in accordance with the stipulations outlined in Section 01150 and pricing in attached Exhibit “A”. IV. Duration of Contract and Termination, Suspension or Delay of Contract The Contract will begin when fully executed by both parties and will continue for duration of 120 days from issuance of Notice to Proceed. Either party may terminate the Contract with or without cause by providing sixty (60) days written notice to the other party. 1  V. Notice All notices required by this Contract shall be in writing to the representatives listed below: The authorized representative of the County shall be: Jim Trifilio, Coast Management Coordinator Emerald Coast Convention & Visitors Bureau 1540 Miracle Strip Pkwy. SE. Fort Walton Beach, FL 32548 Phone: 850-651-7131 Email: jtrifilio@co.okaloosa.fl.us The authorized representative for ‘Vendor/Contractor’ shall be: Howard Holley, President Champion Contractors, Inc. P.O. Box 155 5525 Grants Pass Crestview, FL 32536 Courtesy copy to: Sunnie Estes Contracts & Leases Coordinator Okaloosa County Purchasing Department 602 C North Pearl St Crestview, FL 32536 Phone: 850-689-5960 Fax: 850-689-5970 Email: sestes@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. VI. 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 the County of Okaloosa. VII. 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. 2  VIII. Assignment Contractor may not assign his interest in this Contract without the express written consent of the County, which will not be unreasonably withheld. IX. 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. X. 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. XI. Independent Contractor Contractor enters into this Agreement 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, nor any of Contractor’s employees or agents, shall be entitled to any benefits accorded to the County’s employees, including without limitation 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. XII. Third Party Beneficiaries It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. 3  IN WITNESS WHEREOF, the parties hereto have made and executed this Contract on the respective dates under each signature. OKALOOSA COUNTY _____________________________ Nathan D. Boyles, Chairman Date: ____/_____/_______ ATTEST: ________________________________ J.D. Peacock, II, Clerk and Comptroller CONTRACTOR _______________________________ Vendor/Contractor Representative. Date: ____/_____/_______ WITNESSES FOR CONTRACTOR ________________________________ By: ________________________________ By: 4