HomeMy WebLinkAbout2016-185A 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 Ecotech
Consultants, Inc. (hereinafter called CONSULTANT).
OWNER and CONSULTANT, 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:
Management of an existing 4.0 MGD Average Annual Daily Flow (AADF) permitted capacity
system (R-001) consisting of a created wetland treatment/reuse system (WTS) comprising of 169± acres
(135±total wetted acres) and including an influent deep settling pond with overland flow through nine
(9) deep marsh cells and three (3) shallow marsh cells to a final storage outfall cell. The FDEP-required
annual WTS report will be delivered to Indian River County on or before February 28, 2017.
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: Maintenance and Operation of the West Regional WWTF
Wetlands System
Bid Number: 2017011
Project Address: 8405 8`h Street,Vero Beach, Florida
ARTICLE 3-CONTRACT TERM
The contract shall be effective from November 1, 2016 until October 31, 2017, unless terminated earlier as
authorized within this agreement.
ARTICLE 4-CONTRACT PRICE
OWNER shall pay CONSULTANT for completion of the Work at the prices stated in CONSULTANT's Bid,
attached hereto as an exhibit.
ARTICLE 5-PAYMENT PROCEDURES
5.01 Monthly Payments.
A. The OWNER shall make monthly payments to the CONSULTANT on the basis of an approved
invoice and in accordance with the provisions of the Local Government Prompt Payment Act,
Florida Statutes section 218.70 et. seq.
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5.02 Pay Requests.
A. Each request for a progress payment shall contain the CONSULTANT'S certification. All
progress payments will be on the basis of progress of the work measured by the schedule
of values established, or in the case of unit price work based on the number of units
completed.
5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as
OWNER which are paid for, in whole or in part,with federal funds and are subject to federal grantor laws
and regulations or requirements that are contrary to any provision of the Local Government Prompt
Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant
requirements and guidelines.
ARTICLE 6-INDEMNIFICATION
6.01 CONSULTANT shall indemnify and hold harmless the OWNER, and its commissioners, 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 CONSULTANT and persons employed or utilized by the CONSULTANT in the
performance of the Work.
ARTICLE 7-CONSULTANT'S REPRESENTATIONS
7.01 In order to induce OWNER to enter into this Agreement CONSULTANT makes the following
representations:
A. CONSULTANT has examined and carefully studied the Contract Documents and the other related
data identified in the Invitation to Bid documents.
B. CONSULTANT 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.
C. CONSULTANT 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. CONSULTANT 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
CONSULTANT, including applying the specific means, methods, techniques, sequences, and
procedures of construction, if any, expressly required by the Contract Documents to be employed
by CONSULTANT, and safety precautions and programs incident thereto.
E. CONSULTANT 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.
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F. CONSULTANT 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. CONSULTANT has correlated the information known to CONSULTANT,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. CONSULTANT has given OWNER written notice of all conflicts, errors,ambiguities, or discrepancies
that CONSULTANT has discovered in the Contract Documents,and the written resolution thereof by
OWNER is acceptable to CONSULTANT.
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. Certificates of Liability and Workers Compensation Insurance;
3. Invitation to Bid 2017011;
4. CONSULTANT'S Bid Form (pages 12 to 13 of 19, inclusive);
5. Bidders Questionnaire (page 14 to 15 of 19);
6. Affidavit of Compliance(page 16 of 19);
7. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships(pages 17 to 18 of 19, inclusive);
8. Drug-Free Workplace Certification (page 19 of 19);
9. 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).
10. Contractor's Invoices
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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 CONSULTANT 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 upon OWNER and CONSULTANT,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 Termination
A. Either party may terminate a contract by giving thirty(30)days notice,in writing, of the intention to
terminate.The County reserves the right to terminate this contract for convenience of the County
and/or with or without cause.
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9.07 Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The CONSULTANT
shall comply with Florida's Public Records Law. Specifically, the CONSULTANT 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 CONSULTANT 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 CONSULTANT or keep and maintain public records required by the County to perform
the service. If the CONSULTANT transfers all public records to the County upon completion of the contract,
the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the CONSULTANT keeps and maintains public records
upon completion of the contract, the CONSULTANT 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 CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'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
180127 th Street
Vero Beach, FL 32960
C. Failure of the CONSULTANT to comply with these requirements shall be a material breach of this
Agreement.
S
IN WITNESS WHEREOF, OWNER and CONSULTANT have signed this Agreement in duplicate. One
counterpart each has been delivered to OWNER and CONSULTANT. All portions of the Contract Documents
have been signed or identified by OWNER and CONSULTANT or on their behalf.
This Agreement will be effective on October 18 , 20 16 (the date the Agreement is approved by the
Indian River County Board of County Commissioners,which is the Effective Date of the Agreement).
OWNER:
0.0 1 C' CONSULTANT:
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INDIAN RIVER COUNTY �;�•• .• ':`,c9�; ECOTECH CONSULTANTS, INC.
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By: Q�-�.�c o "�r By: c-
B ri, Chair (CONSULT T)
ERCOUNr:••
By: (CORPORATE SEAL)
Jason ECounty Administrator
Attest
Brow ,
APPROVED AS TO FORMA LEGAL SUFFICIENCY:
By:
Dylan Reingold, County Attorney Address for giving notices:
P.O. BOX 690265
VERO BEACH, FLORIDA 32969
Jeffrey R.Smith, Clerk of Court and Comptroller
License No. N/A
Attest:_ (Where applicable)
Deputy Clerk
(SEAL) Agent for service of process: N/A
Designated Representative:
Rich Meckes,Wastewater Plant Superintendent Designated Representative:
4350 41st Street Name: C.E. SWINDELL,JR.
Vero Beach, FL 32967 Title: PRESIDENT
(772) 226-3423 Address:
rmeckes@ircgov.com P.O. BOX 690265
VERO BEACH, FLORIDA 32969
Phone: 407.466.6989
Email: ecotech(dbelIsouth.net
(If CONSULTANT is a corporation or a partnership,
attach evidence of authority to sign.)
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