The URL can be used to link to this page

Home My WebLink About2013-079A MASTER AGREEMENT - 4-23-2013 MASTER AGREEMENT FOR SEDIMENT REMOVAL AT THE PC MAIN POLLUTION CONTROL FACILITY THIS AGREEMENT made and entered into this2j day of April . 2013 . by and between 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 the specifications set forth in Indian River County Bid #2013023, CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish all of the necessary labor, material, and equipment to perform the Work described in accordance with the Contract Documents. The lump sum fee for a onetime cleaning of the treatment channel shall be seven thousand five hundred dollars and no cents ($7, S00.00) . The lump sum fee for cleaning Sedimentation Cells #1 and #2 shall be seven thousand one hundred dollars and no cents ($7, 100.00) per cleaning event (where one cleaning event includes cleaning both sedimentation cells), for up to four cleaning events during the contract period . The total lump sum for cleaning both sedimentation cells four times each during the contract period shall be twenty-eight thousand four hundred dollars and no cents ($281400.00) . Article 2. 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 perform the services specified herein in accordance with the specifications . 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 . The OWNER 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 . Atricle 3. DEFINITIONS A. Sediment Cel Cleaning: Cleaning a sediment cell encompasses removing all material captured by the sediment cell, whether removal is by dredging, clamshell, or any other means. Material to be removed is not limited to sediment such as sand, mud, silt, and similar dredgable materials, but also includes and is not limited to rocks, boulders, trash, vegetation, furniture, and all other types of trash and debris of all kinds, shapes, and sizes that may be captured by the sediment cell. The sediment cells may contain captured debris of any type or size . 1 c..\documents and settings\mmclaughlin\local settings\temporary Internet Nes\content.outlook\24o26lx8\agreement - 423-2013.doc MASTER AGREEMENT • 4-23-2013 Be Treatment Channel Cleaning: Cleaning the treatment channel encompasses removing all material contained on the channel bottom, whether removal is by dredging, clamshell, or any other means. . Material to be removed is not limited to sediment such as sand, mud, sift, and similar dredgable materials, but also includes and isnot limited to rocks, boulders, trash, vegetation, furniture, and all other types of trash and debris of all kinds, shapes, and sizes that may be present in the treatment channel . The treatment channel may contain captured debris of any type or size. Article 4. CONTRACT PRICE AND INVOICING PERIOD The OWNER shall pay the CONTRACTOR for all Work in accordance with the Contract price . The CONTRACTOR shall invoice upon completion of each cleaning operation . All payments shall be made in accordance with the Florida Prompt Payment Act, Florida Statutes section 218.70 et seq . Article S. 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 6. ATTACHMENTS The following are attached to and made a part of this Agreement: A. Attachment No . 1 — Technical Specifications (from County Bid Package) - 5 pages Be Attachment No . 2 — Bid Form on (from EMC, Inc.'s bid) •2 pages co Attachment No . 3 — Limits of the Work (from County Bid Package ) — I page Article 7. TERM OF AGREEMENT This Agreement shall remain in effect for a term of one ( 1 ) year ( "Initial Term" ) . The Initial Term may be extended by the COUNTY for a maximum of two (2 ) additional one-year extensions, subject to satisfactory performance, CONTRACTOR acceptance, and the determination that renewal of this Agreement is in the best interest of the COUNTY. The decision to exercise an extension option to extend the Agreement shall be at the sole discretion of the COUNTY. At least ninety (90) days before the expiration of this Agreement, the COUNTY will notify the CONTRACTOR in writing of its intent to extend the Agreement. .[The remainder of this page was left blank intentionally] 2 c:\documents and settings\mmdaughlin\local settings\temporary internet flies\content.outiook\24o261xg\agreement - 423-2013.doc a MASTER AGREEMENT - 4234013 000 (Contractor) (Owner) EMC Divers, Inc. Indian River County, Florida O p0�aa a6n4nlln°°° • MlssloN c . Printed Name and Title: oseph E . Flescher, BCC Chairman • n a � a • : � s` Witnessed by: IJ41 date Approved by BCC April 23 . 24go 13••. • 'F', ` °q°nan na an +"" Attest: Jeffrey R. Sm ' , Clerk of Co an Comptroller B eputy Clerk 0! tow APPROVED oseph Baird, County Administrator Approved as to Form and Legal S icency: WK. Deputy County Attorney 3 r.\documents and settings\mmclaughlln\local settings\temporary Internet files\content.outlook\24o26lx8\agreement - 4234013.doc .•�'"1 EMCDI-1 OP ID: MB CERTIFICATE OF LIABILITY INSURANCE 1 °"'04PAWDWYYM /2 04124N113 3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement (s). PRODUCER 140743694962 NAME; Michelle Benedict SIHLE INSURANCE GROUP, INC. PHONE P. O. BOX 160398 407-774-0936 c No E ; 407-389-3827 AIC No): 407489=8427 ALTAMONTE SPRINGS, FL 32716 ADDRESS: James Blakeley Newman mbenedict sihie.com INSURERS) AFFORDING COVERAGE NAIC INSURER A : Commerce & Industry Insurance 19410 INSURED EMC Divers, Inc. INSURER 8 : 1190 Turnbull Bay Road INSURER C : New Smyrna Beach, FL 32168 INSURER D INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER : REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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 IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADUL BUISH POLICY EFF POLICY EXP ITER TYPE OF INSURANCE POLICY NUMBER M MMIDDNYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTLIY COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence f CLAIMS-MADE El OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY S GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO LOC S AUTOMOBILE LIABLMCOMBINED SINGLE LIMIT Ea accident E ANY AUTO BODILY INJURY (Per person) S ALL OWNED SCHEDULED BODILY INJURY (Per accident) S AUTOS NON AUTOWNED POP TY DAMAGE S HIRED AUTOS AUTOS Per accident S UMBRELLA LIAB H OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS•MADE AGGREGATE S DED RETENTIONS S WORKERS COMPENSATION XWC LIMITS U• O H- AND EMPLOYERS' LIABILITY YIN 00 A ANY PROPRIETOR/PARTNEREXECUTIVE ❑ N / A 04321709 05/03/12 05/03/13 E.L. EACH ACCIDENT $ 1I , 00 OFFICERIMEWBER EXCLUDED? (Mandatory In NH) E.L. DISEASE • EA EMPLOYEE S _ 1 , 000, Nq Ryes, describe under 1000 0 DESCRIPTION OF OPERATIONS below E .L. DISEASE - POLICY LIMIT $ r r A USLBH WC4321709 05/03/12 05103/13 USL&H Statutory A arltlme WC4321709 05/03/12 05/03/13 Marine Em 10000, 0 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACach ACORD 101 , Additional Remarks Schedule, if more space is required) (Place of Operations ) Bid # 2013023 - Annual Bid for Sediment Removal at PC in CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Indian River County Purchasing ACCORDANCE WITH THE POLICY PROVISIONS. Division 1800 27th Street AUTHORIZEDREPRESErfrATNE Vero Beach , FL 32960 ® 1998-2010 ACORD CORPORATION . All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD ACORD,� CERTIFICATE OF LIABILITY INSURANCE °04/ 25,""2°0"' PRODUCER Phone# 727-360-0092 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Coast to Coast Insurance Services, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 630 Corey Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR St. Pete Beach, FL 33706 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC 0 INSURED INSURERA: RLI Insurance Company EMC Divers, Inc. = INSURERS: Lloyds of London 1190 Turnbull Bay Road New Smyrna Beach, FL 32168 INsuRERc: Travelers Insurance Company INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMMONVI DATE (NINIMIDIM LIMITS GENERAL LIABILITY EACH OCCURRENCE 1 1000vow COMMERCIAL GENERAL LIABILITYM S s 50,000 A X CLAIMS MADE OCCUR MRP0200088 10/22/ 2012 10/ 22 /2013 MEDEXP (Anyone Person) f 5 000 PERSONAL AADV INJURY s 12000,000 GENERAL AGGREGATE s Z000,000 000 GEN'LAGGREGATELIMIT APPLIES PER: PRODUCTS - COMPIOPAGG S 180000000 71 POLICY F7 PRO LOC AUTOMOBILE LIAMUN COMBINED SINGLE LIMIT ANYAUTD $ 1 ' ( eBI000,000 ALL ONMEDAUTOS BODILY C SCHEDULED AUTOS BA- 1092903 - 12-SEL 08/10/2012 08/10/2013 s HIRED AUTOS aODILY INJURY NON-OINNEOAUTOS (Peraaident) f PROPERTYDAMAGE s (Peraeaaet,t) OARAOELUUMLITY AUTO ONLY - EAACCIDENT f ANY AUTO OTHERTHAN EAACC $ AUTOONLY: AGG S EXCE88IUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ED CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE s RETENTION S f WC STATU- 0 WORIMS COMPENSATION AN° EMPLOYERS' LIABILITY E.L. EACH ACCIDENT f ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMSER EXCLUDED? E.L. DISEASE - EA EMPLOYEE f 1M1M deaabeunder IAL PROVISIONS below E.L. DISEASE - POLICY LIMIT f I OTHER B Maritime Employers 121. 1209C2013 10/22/2012 10/ 22/ 2013 Maritime Employers $ 1 .000 ,000 Liabili I DESCRIPTION OF OPERATIONS I LOCAT"M I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Note: The Certificate Holder is named as Additional Insured , with a 30 day Notice of Cancellation . j Reference : Indian River County Bid #2013023 . I i I CERTIFICATE HOLDER CANCELLATION 814OULD ANY OF TME ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Indian River County Purchasing Division DATE THEREOF, THE ISBUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN j 1800 27th Street HOME TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 80 SHALL Vero Beach , FL 32960 IMPOSE NO OBLIGATION OR LIAB4m OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATGVES. AUTHORIZED REPRESENTATIVE Ago : 1 ACORD 25 (2001 /OS) _' a Ac D CORPORATION 1988