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HomeMy WebLinkAbout2011-227Aao(1-2AU o1/11 AGREEMENT 1 P'S , THIS AGREEMENT made and entered into this First day of November , 2011_, by and between Florida Environmental Consulting Inc , 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 specifications of advertised and sealed bid in Indian River County, Bid 4 2012010 Management of an existing 4.0 mgd Average Annual Daily Flow itt (AADF)9 permed capacity system (R-001) and consisting of a created wetland treatment/reuse system comprising of 169± acres (135± total wetted acres) and consisting of an influent deep settling pond, with overland flow through 9 deep marsh cells and 3 shallow marsh cells to a final storage outfall cell. The wetland treatment system is located at 8405 Stn Street, Vero Beach, Florida. CONTRACTOR, as an independent CONTRACTOR and not as an employee, shall furnish, for the sum of Thirty Four Thousand Dollars ($ 30M0.00 ), all of the necessary labor, material, and equipment to perform the work described in accordance with the Contract Documents, Art icle 2. AGREEMENT TERM This agreement is for an initial three-year period commencing November 1, 2011 and may be renewed for two (2) additional one (1) year periods, subject to CONTRACTOR acceptance, satisfactory performance, and staff's determination that a renewal would be in the best interest of the County. 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, an d payments for the work. 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. 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, Article 5. 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, 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 Conditions, Special Conditions, Specifications, Bid Documents, Insurance Requirements, 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. (Contractor) (Owner) 1V Witnessed by APPROVED �.,,�;�:�OMM�SS�� ..Indian River County Florida !Joseph �. Baird, County Administrator 11heel County Attorney _er, Chairman Approved as to Form an Legal Sufficiency i By: ry proved by BCC 11/1/11 Attest: Jeffrey K. Barton, Clerk of Circuit Court t By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS November 1, 2011 Florida Enviromnental Consulting, Inc. Attne Mi0 ThnothyMmOn, C.EC, C.E.S., President 1835 20`x` Street Vero Beach, FL 32960 NOTICE OF AWARD Referetace: Indian River County Birf No. 201200 Annual Bid to Maintain and Operate the West Regional TVTVTF O'etlands Systems Dear Mr. Maslin: I am pleased to inform you that on November 1, 2011, the Board of County Connmissiouers awarded the above -referenced project to your company. The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. Certificate of Insurance trust name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation. �tacelution ot•-the_arv�ard: �� In addition, enclosed are two (2) copies of the Agreement. PLEASE EXECUTE BOTH COPIES AND RETUitN THEM TOGTTIIER WITH TITS REQUIRED CERTIFICATE OL' INSURANCI+ TO THIS orrzcE. Thank you for your prompt attention and if you . have any questions, please do not hesitate to contact this office. Sincerely, Jerry Davis, Purchasing Manager ec: Rich ttifeckes, Utilities Department Office of Maturgetttent arrrl Brrrlget •PurclrasittgDiuision 1800 27'h Street, Vero Bcacti, Florida 32960•(772) 56? -8000 i;xt. 1416•Tax: (772) 770-5140 B -mail: pin chasing F, �irc*. Wm '°�,,,,,,,'�,,.'c'�--R�' CERTIFICATE OF LIABILITY INSURANCE DATE (h17d,DDlYYY1') 11/4/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH15 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 CERIIFICATE HOLDER. IMPORTANT: If the certificat6 holder is an ADDITIONAL INSURED, the policy{ies) must be endorsed. If SUBROGATION IS WAIVED, sub)ectdo the terms and conditions of the policy, cettahT policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder to Ileu of such endorsement{s). PRODUCER NAMEACT Rebekah SWarin A enc LLC g y � PHONE �)� B-2211 �C No ; {407) 898-1650 P.OSsBoxx547275ce -MAIL rswann@cl _ _ ADDRESS: ossoninsurance. com PRODUCER......._,._....._..._ _.. -_ Cu57ohtER1D-�f)0007438 Orlando FL 32854-7275 .. ... _. ........... ...... .,..__ - --T— _ _ INSURER(S)AFFDRDINGCOVERAGE I lJAICt! INSURED _. __. _........ _. _..-��-- — 3NSURERA:HOT1StOri Casualty Company _ _ MBV Engineering, Inc. INSURERS: -- -_ _ - 1835 20th Street INSURER C -- - - --- INSURER D Vero Beach FL 32960 INSURER E: - - - - - -- IN5URER F COVERAGES CERTIFICATE NUMBER:2011-2012 Profess Liab REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE L1STE0 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. WSR: ADDL':SUBR -.. .........._ LTR ' TYPEOF INSURANCE _. __. POLICY EFF POLICY EXP ---- It POLICY NUh16ER h4ADDlYYYY idtrVDO/YYYY LIMITS i GEtJERAL LiA BIUTY - � � r EACH OCCURRENCE { S 1 , 000 , U00 [ X ' CO'dlAERCIAL GENERAL LIABILITY __ _ DAE1A E T RENTED � � - --- �" A ; X�'CLA7M5adADE � PRElt,1SE�4 (Ea occurrenw) _ S _ 4/16/2011 � - OCCUR 71017929 /16/2D12 MEDEXP {Any on© Person) 5 '--- ro essional Liability --_ PERSONAL8ADVINJURY 5 _ _.._ �— - �-- � GENERAL AGGREGATE $ 1 , OOO , OOO GENT. AGGREGATE LIA71T APPLIES PER: i PRO- PRODUCTS • COA1P/OP AGG i S X POLICY LOC (iI _...._. ..-_.�_ _ --- ---- - I AUTOF.tO81LE LIABILITY ' j COtdBINED SINGLE LIMIT�— APJY AUiO I (Ea accident) � S i I ALLON'tJEDAUT05 I I _ _. �BODILYINJURY(Perperson) _ S, SCHEDULEOAUTOS � � BODILYINJURY(Peraccldent)) - S i HIRED AUTOS PROPERTY DA}dAGE - 5 I (Per accident) PJON-O'+INEDAUT05 �--._.. ......---- _-_ -- 5 S � UMBRELLA LIAB OCCUR I EXCESS LlAB EACH OCCURRENCE 5 --_. � - _.. CLAIMS-h1ADE f - - -- � AGGREGATE S DEDUCTIBLE i -�-- r 5 L RETENTION S ` � WORKERS COtd PENSATION S '........_. AND EtdPLOYERS' LIABILITY Y l N W�STAT U- DTH- ���- Ih11TS. ANY PROPRIETOWPARTtJER/EXECUTIVE _ - - -- -""- -- OFFlCERR,7Et.7BER EXCLUDED? NIA E.L., EACH ACCIDEtJT S (Mandatory to NH) � _ yy � E L DISEASE -_EA EAdPLOYE� S r DESCRIP ON OF OPERATIONS be!av ` r E L. DISEASE -POLICY LItt1T i S I DESCRIPTION OF OPERATIONS! LOCATIONS 1 VEHICLES (Attach ACORD i0t, Additional Remarks i ScfiedWe, if more space Is required) Named Tnsuzed Continued: Indian River Surveying, Inc, and Florida Environmental Consulting, Znc. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL 8E DELIVERED IN Indian River County ACCORDANCE WITH THE POLICY PROVISIONS. Purchasing Department 1800 27th Street, Building B AUTHDRI2EDREPRESENTATIVE Vero Beach, FL 32960 - -. _ . Lenise Zika/RLS C �.z.--ti L. c,-:��_ i 1. >'� . ,+.�<:.._. ACORD 25 (2009109) O 1988-2009 ACORD CORPORATION. All rights reserved. INS025 (2oosos) The ACORD nameand logo are registered marks of ACORD 'A� CERTIFIGATE tJF LIABILITY INSURANCE °ATE`Mh1,D°'YYYY' 11/4/2011 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 Ai=FORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITtjTE 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) mustbe endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poiicies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). ', PRODUCER CONTgcT Rebekah $Wane NA ht E: ossan Insurance A enc LLC PHONE jFAX : (4o�)ess-ieso g Y, Exit: t407)898-2211 jLA1C.No) P.O. Box 547275 -MAIL __ _ -_.-_ ADOREss:rswann@clossoninsurance.com PRODUCER ���'-- '��� Dtr3>"RIDap0007438 _ ___. _ _ Orlando FL 32854-7275 INSURER{S AFFORDING COVERAGE NAICN _...... INSURED __ „ ....... .. ____ '. INSURERA,:Landmark. American 33138 INsuRER s �ridgefield Employers 10701 MBV Engineering, Inc. - - 1835 20th Street iNsuRERc: _ _ ..._ ... _ INSURER D : '. Vero Beach FL 32960 �"�� R� _- INSURER F COVERAGES CERTIFICATE NUMBER.2011-2012 GL & wC 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 1S SU63ECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - _ _ _.. .__. ,_ LTR TYPEOFINSURANCE "'A UBR— POLICY NUMBER ;1fNODnYYY��tdlO.VLpCpYEXP-�. � LIMITS �� �— OENERAL LFABILITY EACH OCCURRENCE S 1,000,000 }: COhit.1ERCIAL GENERAL LIABILITY -bA d� AGE -TO REND - PREMISES_ Ea occurrence 5 100 , 000 A bLAIMS-MADE �X�'OCCUR X BA120576 b/14/2011 6/14/2012 �-������ MED EXP (Any one person) S 5 , 00 0 '. "- """"- ---�--�— � PERSONALBADVINJURY 5 1 OOO 000 '.. .. ._ _.._ _.— ._-�.—r. .. - "` --�- I GENERAL AGGREGATE 5 2 000 , 000 GENL AGGREGATE LIMIT APPLIES PER: i PRODUCTS CO;UPlOP AGG S _ 2 , OOO OOO X 'POLICY PRO- (LOC � AUTOMOBILE LIABILITY 5 ----- COtdBINED SINGLE LlhtlT S ANY AUTO (Ea accident) ALLONNEDAUTOS BODILYINJURY{perperson) 5 _— _...__—_ SCHEDULED AUTOS BODILY INJURY (Per accident) S '. HIRED AUTOS PROPERTYOAfdAGE S -�--- - -.._. (Per aCC+denl) NON-0WNED AUTOS --- 5--- - S_._ _.. UMBRELLA LIAB OCCUR ��� FACH OCCURRENCE S EXCESS UAB I --- .... fCLAIMS-MADE _.. _...___ - �' � �- AGGREGATE S ` DEDUCTIBLE � - - --- ---- ---- S RETENTION S ....._. _..— ..... _......— _._ '. B WORKERS COMPENSATION 5 AND Eh1PLOYERS' LIABILITY Y / N VdC STL NYU- OTH- ANY PROPRIETOR+PARTNER/EXECUTIVE � '�" -- � '. I EL -EACH ACCIDENT._ 5, 100i000 830-42309 5%14/2011 6/14/2022 _- (Mandato In NH __ _ If es, describe under _E L DISEASE -EA EMPLOYE S __ 1.� 000 +. 6lBER EXCLUDED9 N i A y ry ) DESCRIPTION OP OPERATIONS be;ov E.L. DISEASE -POLICY LIMIT S Cn n nn n DESCRIPTION OFOPERATIONS (LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarka SchedWe, if mora space Is required) Named Insured Continued: Florida Environmetal Consulting, Inc. Indian River County is listed as additional insured with respects to general liability as required by written contract. 30 days notice of cancellation, 10 days notice for non-payment of premium, ', '7727705140@myfax.com Indian River County 1800 27th Street Vero Beach, FL 32960 ACORD 25(2009/09) INS025 (zoosos) ELLA7 SHOULD ANY OF THE A80VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE nise Zi.ka/RLS C-z.-s-a.�cz �. � ;,tom The ACORD name and logo are registered marks of ACORD RD CORPORATION. Ail rights reserved.