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HomeMy WebLinkAbout2016-129M Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Precision Contracting Services, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1-WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Furnish and install upgrades the existing security camera systems at its three Wastewater Treatment Facilities(WWTFs) and the Utilities Operations Center. ARTICLE 2-THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Security System Camera Upgrade Bid Number: 2016049 Project Addresses: Central Regional WWTF West Regional WWTF South Regional WWTF 3550 491h Street 84058 1h Street 25006 1h Avenue Vero Beach, FL Vero Beach, FL Vero Beach, FL Awarded items per the bid are attached as Appendix A. ARTICLE 3-CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 45th day after the date when the Contract Times commence to run. ARTICLE 4-CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.6, below: Page 1 of 6 A. For all Work,at the prices stated in CONTRACTOR's Bid,attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount:$45,980.00 Written Amount: Forty five thousand, nine hundred eighty thousand dollars and zero cents ARTICLE 5-PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion,the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6-INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence,recklessness,or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7-CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general,local,and Site conditions that may affect cost, progress,and performance of the Work. Page 2 of 6 C. CONTRACTOR is familiar with and is satisfied as to all federal,state,and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR,including applying the specific means,methods,techniques,sequences,and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR,and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. F CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts,errors,ambiguities,or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8-CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: 1 This Agreement(pages 1 to 6, inclusive); 2. Notice to Proceed 3. Certificates of Liability Insurance 3. Invitation to Bid 2016029 4. Addenda (numbers 1 to 2, inclusive); 5. CONTRACTOR'S Bid Form (pages 10 to 13 of 28, inclusive); Page 3 of 6 6. Bid Bond (pages 1-2 inclusive); j Pr 7. Bidders Questionnaire(page 14 to 115 of 28, inclusive); 8. Affidavit of Compliance(page 16 of 28); 9. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 17 to 18 of 28, inclusive); 10. Warranty Information Form(page 19 of 28); 11. Drug Free Workplace Certification (page 20 of 28); 12. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9-MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound;and,specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself,its partners,successors,assigns,and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants,agreements,and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding Page 4 of 6 upon OWNER and CONTRACTOR,who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. 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 a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: (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 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 County 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 public records.All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. 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: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 Page 5 of 6 J C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on August 16 20 l (the date the Agreement is approved by the Indian River County Board of County Commissioners,which is the Effective Date of the Agreement). OWNER: CONTRACTOR: T � f ( UINDIAN RIVER COUNTY �6Y) 1& 51�tc'J By: •��RhISS10Pjj�;B ; U`i •�_ B Solari,Chair obtractor) a� '� `�`�+ `•�• By: •v• :Q: (CORPORATE L) Jason . Bro n,County Administrator :*'• : l APPROVED AS TO FORM AND LEGA -I€piCY�:vR►VERGO ' By: ylan Reingold,County Attorney Address for givi g notices: ASB '- JE11 ME-2 Jeffrey R.Smith,Clerk of urt and Comptr ler License No. zuv� Attest: C - (Where applicable) Deputy Cler c (SEAL) Agent for service of process: Designated Representative: Name: Bob Solari DesignatVd Represe tative , Title: Chairman Name:">,-,) � Address:1801 27th St. , Vero Beach, FL Title: Vp Phone 772 226 1438 Address: Email bsolari@ircgov.ccrn r l• =�G9l � Phone: Email: l() �. _!✓' /`�—t"' l (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Page 6 of 6 Indian River County Water Utility Department Security Camera System Improvement Project Operations Center NemUnit Bid Total Bid Number OP Censer IRC rca ' tion Qwrnt' UM Price Price Ol NVR Server G"lr ion 94.NP504-16A 0 EA $2,595.00 $0.00 72-AR121001 0 EA 5645.00 50.00 72-HDUB-001 0 EA 5695.00 $OAO I 02 KERI Software fanfigunti KERI 0 EA $97500 $0001 03 lab, Elettronk Tedmkian/Programming labor rate 0 HR $0.00 $0.00 S,tibly trained and credentialed labor to install electronic eq,pment and to perform programming duties and functions,inciudmg troubleshooting and warranty work 04 labor Cable Instiller labor rate 1 0 HR $0.00 50.00 Suitably trained and credentialed labor to untag cable and terminate cable OS labor Z.Instiller labor rate 0 HR $om $0.00 Suis thinedandcredentialedlaborwhssngductandcondun 06 Miscell ne,u costs-Mat Addltbnal Materials,Wrin&,Fiber,And Conduit(F&I)list line nems seperately As scary: Item al: 0 lS 50.00 $000 nem a2: 0 LS so.00 $0.00 nem P3: 0 LS so.00 $0.00 nem 44: - o Es SO.00 $000 nem as: 0 Ls 50.00 $O.00 01 Miuellaneous costs 11,Additional Electronics(F&I)list One Items seperately As necessary: Re m 41: 0 LS $000 50.00 Item a2: 0 LS $0.00 5000 nem a3' 0 LS $0.00 so.00 I orb-total for Main Semrer Location so.00 Central WWTP location Nem Unit Bid Tptal Bid Number Central WWT Plant IRC cation Qw UM Price Price 01 NVR Server GeoVaion 94-NP504-16A 1 EA $2.595.00 $2,595.OD 72-AR121001 0 EA $645.00 $0.00 72-HDBTB-001 1 EA $695.00 569$5.00 02 Outdo,Cameras GeoVoion GV-BL3700 8 EA r$1,495.001 $11,960.00 03 L25vntches GYob GV-mPOE0n811 2 EA $545.00 $1,090.00 I 04 SFP Modules G-Vnlnn GV-Lt 4 EA $50.00 5200.00 OS labor EleRronk Technkun/Programming labor me 0 HR1 $0.00 $000 Suitably trained and credentialed labor to Install electronic equipment and to perform programming duties and fue ons,including troubleshooting and warranty work 06 labor Cable Installer labor rate 1 0 HR 1 50.00 $0.00 SuinbN trained and credentialed labor to install cable and terminate cable I 07 tabor DuR Instiller labor me 0 HR $0.00 $0.00 S, bty trained and credentialed labor to install duct and cordurt 08 Miscellaneous costs Addrtbnal Materials,Wiring,And Condon(F&I) _ Item al: MLsF LssO00 $OAO ItemLS $0.00 $000 Item 43: LS 50.00 $0Item 44: LS $0.00 50.nem 45; 50.00 $0.00 I Subtotal for Central WWTP Location I $16,500.00 West WWrP location Nem Unit Bid Total Bid Number WEST WWr Plant IRC cation Qw ' UM Price Price Ol NVR Server GmVbio n 94P504- I EA $2,595.00 $2,5 .00 $2,5$0.00725 E7HD8Td1 95.00 $695.002- 0 02 Outdoor Cameras C-V"nbn GV-BL3700 7 EA 517495.00 s10.46s.00 03 Ll Switches GeoYmion GV-POE0811 2 EA $545.00 $1,090.00 I 03 L2 Switches C-\rbion GV-POE1611 1 EA r $745.001 $745.00 00 SIP Modeles 6101111 n I GV{C 6 EA $50.00 5300.00 OS labor Electronic Terhnkun/programming labor nue 0 HR $50.00 $0.00) S,tibly trained and credenw ,led labw install electronic equipment and to perform pragnmming duties aM fu-,inchding troubleshooting and wannn y work Lab.06 labCable Instiller labor rate 0 HR $000 $0.00 spitibly trained and creeenwled lab,to rung cable and terminate cable 07 tabor Duct Her labor me 0 HR $0.00 50.01)I Su cably trained and credentialed lab,to Instal d=and mndun OB Ml,ell n-costs Additional Matenian,Wiring,And Conduit(F&1) Item P1: MLS� $000. 50.00 Item 42: LS $0.00 $0.Item 43LS 5003 $0.03 LS $0.00 $ow LS $0.00 $0.00 I Sub-=l 1,Central WWTP Location ) $15,890.00 Appendix A 1/2 South WWTP Location nem Unit Bid total Bid Number South VVWi Plant IRC 'rcation Qwmi UM Price Price 01 NVR Server G-Vniun 94 P504-16A1 EA $2.595.00 $2,595.00 72-AR1110(11 0 EA 56e5.00 $0.00 72-HDSTB-0O1 1 EA $695.00 $695.00 02 Outdoor Camttaz G-Vism 4 GV-BL3700 6 EA $149500 $8,970.00 I I 03 L]$vetches GGV-POeoYnbn E0811 2 EA $Sa5.00 $1,090.00 I 04 SEP Modules G-Vis n GV-Lc a EA Sso.00 Sxo0.00I OS labor Elenronk Technklan/programming labor me 0 MR $0.00 $0.00 Suitably trained and aedentialed labor to install electronic equipment and to perform programming duties and functions,including troubleshooting and warranty work 06 labor cable lnsoller labor rate 1 0 HR 1 $0.00 $0.00 Suably tramed and credentialed tabor to install cable and terminate cable 01 labor Dun Installer labor rate 0 HR $0.00 $0.00 Sunab trained and credentialed labor to install duct and conduit OB Miscellaneous costs Additional Materials,Winng,And Conduh(W) Item al: �00- Ls so.00 nem a2: LS $0.00 50.00 Rem p3: Ls $0.00 $000 Item all: LS $0.00 $000 Item R5: Ls s0.00 $0.00 I Sb--t far Central W WIP Location f $33,550.00 Maintenance Services _ This Item is not Included In the Project Tool nem Unit Bid Total Bid Number Description IRC specification Quantity UM Price Price Ol Additional Maintenance GeaV,- I LS $0.00 50.001 Indicate length of initial warranty on the eqove equipment listed abI` list any additional maintenance provided for hardware indicated above 02 Annual MAlnteuance(ahe GeoYnion 1 LS $0.00 F 50.00 03 license pack for 3rd Party GeoVisbn GV.VMS02 1LS $0-00 50.00 GV-VMS-0a 1 Ls $0.00 $0.00 GV-VMS-06 1 LS $0-00 50.00 GV.VMs-w 1 Ls $0.00 s0.00 GV-VMS-10 1 LS $0.00 $0.00 GV-VMS-12 1Ls $0.00 soon GV-VMS-16 1 LS $0.00 $0.00 I Subtotal for Maintenancii Servkes j $0.00 Engineering Services_ This Item Is not included in the Project Total 1I� nem Unit Bid Total Bid Number Description IRC Specification Quantity UM Price Rice 03 Engmeen ig Sward Mapp Engineered Drawings of ALL communications cabim 1 LS 1 $0.00 50.00�. 02 Engineering ROW Design Design Drawings of ALL communications routes 1 Ls sao0 s0.00 �{ 03 Engineering Electronics A Asbulh Drawings of ALL equipment locations 1 Ls $0.00 so.00 Oa Engmeering GPS(of Equi{GPS location indicated on dravengs listed above 1 is $0.00 $0.00 f I Sub-total for Engineering Services j $0.00 Grand Totals $45,980.00 $0.00 Appendix A 2/2 t I