HomeMy WebLinkAbout2010-004A1 �'5' a
MASTER AGREEMENT
SEDIMENTATION SYSTEM DREDGING AT THE MAIN RELIEF CANAL
POLLUTION CONTROL FACILITY
THIS MASTER AGREEMENT made and entered into this day of January 5 120107
by and between EMC, 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 AND PRICE
As per the specifications set forth in Indian River County Bid #2010005, 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 dredging the eastern sediment cell (Cell #1) shall be three thousand four hundred ten dollars
and no cents ($3,410.00) per dredging event, for up to four dredging events per year. The lump sum fee
for dredging the western sedimentation cell (Cell #2) shall be three thousand four hundred ten dollars
and no cents ($3,410.00) per dredging event, for up to four dredging events per year. The lump sum
total for dredging each sedimentation cell four times per year shall be twenty-seven thousand two
hundred eighty dollars and no cents ($27,280.00).
Article 2. GENERAL
The CONTRACTOR hereby certifies that he has read every clause of the 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 Agreement shall be done to the satisfaction of the OWNER. The OWNER shall
decide all questions which may arise as to fulfillment of the Agreement 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 Agreement 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 Agreement 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 3. CONTRACT PRICE AND INVOICING PERIOD
The OWNER shall pay the CONTRACTOR for all Work in accordance with the Contract price listed in
Article 1. The CONTRACTOR shall invoice upon completion of each dredging operation. All
payments shall be made in accordance with the Florida Prompt Payment Act, Florida Statutes section
218.70 et seq.
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FAPublic Works\KeithM\Stormwater Projects\Main Relief Canal\Dredging Sedimentation Basins\Dredging Contract\Master Agreement.doc
Article 4. ATTACHMENTS
The following are attached to and made a part of this Agreement:
A. Attachment No. 1 - Specifications for Sedimentation System Dredging at the Main Relief Canal
Pollution Control Facility (from County Bid Package) - 4 pages
B. Attachment No. 2 - Annual Bid for Main Relief Canal Pollution Control Facility Sedimentation
System Dredging Bid Schedule (from EMC, Inc.'s bid) - 1 page
C. Attachment No. 3 — List of Subcontractors (from EMC, Inc.'s bid) — 1 page
D. Attachment No. 4 — Sworn Statement (from EMC, Inc.'s bid) — 2 pages
E. Attachment No. 5 — Bidder Questionnaire (from EMC, Inc.'s bid) — 1 page
F. Attachment No. 6 — Limits of the Work (from County Bid Package) — 1 page
Article 5. 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.
Article 6. 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.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date'first written
above.
(Contractor)
EMC, Inc.
Witnessed b
(Owner)
Indian River County, Florida
Peter D. O'Bryan, Chai
Date Approved by BCC
January 5, 2040
Attest: Jeffrey K. Barton, Clerk of Circuit Court
By: oo��Ie_e
Deputy clerk
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FAPublic Works\KeithM\Stormwater ProjectsWain Relief CanahDredging Sedimentation Basins0redging ContractWaster Agreement.doc
APPROVED
10\`9 %,1
A. Naird, County Administrator
Approved as to Form and Legal Sufficiency:
William G. Collins, II, County Attorney
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FAPublic Works\KeithM\Stormwater ProjectsWain Relief Canal\Dredging Sedimentation Basins\Dredging Contract\Master Agreement.doc