HomeMy WebLinkAbout2021-113AAgreement
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 All Webbs
Enterprises, 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 all labor, equipment and materials necessary to deepen and test two (2) existing
Upper Floridan Aquifer wells (Well N7 and Well S1) for Indian River County Utilities
Department (OWNER). Well N7 located at the North County (Hobart Park) reverse osmosis
treatment facility and S1 is located at the South County (Oslo Road) reverse osmosis
treatment facility. The scope of work for each well will include: mobilization; removal of
portions of the existing wellhead, removal of the column pipe, pump, and appurtenances;
preliminary downhole video logging; deepening of the existing borehole; formation water
disposal system (including temporary piping and pumps, and compliance with discharge
permit requirements); performance of a full geophysical logging suite; installation of a
straddle packer and performance of a packer test to evaluate the confining unit; Installation
of an off bottom packer and performance of a 24-hour constant rate aquifer performance
test (APT) of the Avon Park Permeable Zone (AAPZ); performance of a 24-hour constant rate
APT of the Upper Floridan Aquifer (UFA); optional back -plugging of the borehole with neat
cement; optional well acidization; pump development; step -drawdown testing; re-
installation of the permanent well pump, column pipe, and wellhead; well facility
disinfection; purging and bacteriological clearance; demobilization and restoration of the
well sites as described herein.
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: Well Field Feasibility Expansion
ProjectAddress: South County Reverse Osmosis Water Treatment Plant
North County Reverse Osmosis Water Treatment Plant
ARTICLE 3 - CONTRACT TIMES
3.1 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.
6
3.2 Days to Achieve Substantial Completion, Final Completion and Final Payment
ti
A. There will be a milestone deadline for the substantial completion of Well N7 on or before the
120`h day after the date when the Contract Times commence to run.
B. The Work will be substantially completed on or before the 2701h day after the date when the
Contract Times commence to run.
C. The Work will be finally completed and ready for final payment on or before the 300th day after the
date when the Contract Times commence to run.
3.3 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER
will suffer financial loss if the Work is not completed within the times specified in paragraph 3.2
above, plus any extensions thereof allowed in writing as a change order to this Agreement.
Liquidated damages will commence for this portion of work. The parties also recognize the delays,
expense, and difficulties involved in proving in a legal proceeding the actual:loss suffered by OWNER
if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall
pay OWNER $861.00 for each calendar day that expires after the time specified in paragraph 3.2 for
substantial completion of the milestone deadline until the milestone is substantially complete,
CONTRACTOR shall pay OWNER $861.00 for each calendar day that expires after the time specified
In paragraph 3.2 for substantial completion until the Work is substantially complete, and
CONTRACTORshall pay OWNER $1,148.00 for each calendar day that expires after the time specified
in paragraph 3.2 for completion and readiness for final payment until the Work is completed and
ready for final payment.
ARTICLE 4 - CONTRACT PRICE
4.1 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 4.1.A and summarized in paragraph
4.1.13, below:
1.
A. For all Work, at the prices stated in CONTRACTOR's Schedule of Values, attached hereto as Exhibit
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents:
Numerical Amount: $ 992.100
Written Amount:. Nine hundred ninety-two thousand one hundred dollars
ARTICLES- PAYMENT PROCEDURES
5.1 Progress Payments.
A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the
approved partial payment request as recommended by ENGINEER in accordance with the
provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et.
seq. The OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR
until final completion and acceptance of all work to be performed by CONTRACTOR under
the Contract Documents.
5.2 Pay Requests.
A. Each request for a progress payment shall contain the CONTRACTOR'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.
5.3 Paragraphs 5.1 and 5.2 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.
5.4 Acceptance of Final Payment as Release.
A. 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
6.1 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
7.1 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 Summary of Work.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may aff ect cost, progress, and performance of the Work.
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 otherterms 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.
J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system
(www.e-verifv.eovl to confirm the employment eligibility of all newly hired employees for the
duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for
obtaining proof of E -Verify registration and utilization for all subcontractors.
ARTICLES'- CONTRACT DOCUMENTS
8.1 Contents
A. The Contract Documents consist of the following:
(1) This Agreement;
(2) Notice to Proceed;
(3) Public Construction Bond;
(4) Certificate(s) of Liability Insurance;
(5) Section 01000 Summary of Work
(6) Section 01200 Measurement and Payment
(7). CONTRACTOR'S Schedule of Values (attached)
(8) 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
9.1 Terms
A. Terms used In this Agreement will have the meanings Indicated In the Summary of Work.
9.2 Assignmentof Contract
A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding
on another parry hereto without the written consent of the parry 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
underthe Contract Documents.
9.3 Successors andAssigns
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.
9.4 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 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.
9:5 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.
9.6 PublicRecords Compliance
l
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 REOARDiNG 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
C. Failure of the Contractor to comply with these requirements shall be a material breach of this
Agreement.
Article 10: TERMINATION OF CONTRACT
A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide
the OWNER with a right to terminate this Contract in accordance with this Article, in addition to
pursuing any other remedies which the OWNER may have under this Contract or under law:
(1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any
provision(s) of the Contract Documents;
(2) If CONTRACTOR neglects or refuses to correct defective work or replace defective parts
or equipment, as directed by the Engineer pursuant to an inspection;
(3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will
not be finished within the prescribed time;
(4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved
thereon; or
(5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general
assignment for the benefit of his creditors, or if a trustee or receiver is appointed for
CONTRACTOR or for any of his property.
B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify
CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10)
calendar days to cure the default to the reasonable satisfaction of the OWNER.
C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article
B, OWNER may' terminate this Contract by notifying CONTRACTOR- in writing. Upon receiving
such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any
further right to possess or occupy the site or any materials thereon; provided, however, that the
OWNER may authorize CONTRACTOR to restore any work sites.
D. The CONTRACTOR shall be liable for:
(1) any new cost incurred by the OWNER in soliciting bids or proposals. for and letting a new
contract; and
(2) the difference between the cost of completing the new contract and the cost of completing
this Contract;
(3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to
enforce its rights herein.
E. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135:
CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida
law are not on the Scrutinized Companies that Boycott Israel List, created, pursuantto s. 215.4725
of the Florida Statutes, and are not engaged in a boycott of Israel. I'n addition, if this agreement
is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those
related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies
with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not
engaged in business operations in Cuba or Syria.
OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false
certification as provided under section 287.135(5), Florida Statutes, been placedd on the
Scrutinized Companies with Activities in Sudan Listor the Scrutinized Companies with Activitiesin
the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as
defined by section 287.135, Florida Statutes.
OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries,
majority-owned subsidiaries, and parent companies that exist for the: purpose of making profit, is
found to have been placed on the Scrutinized Companies; that Boycott Israel List or is engaged in
a boycott of Israel as set forth in section 215.4725, Florida Statutes.
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 -July 13, 2021 (the date the Agreement is approved by the Indian River
County Board of County Commissioners, which is the Effective Date of the Agreement).
OWNER:
INDIAN RIVER COUNTY
00•
7By:
J h E. Flesche C man
Jason V. Br wn,countyAdministrator
. CONTRACTOR:
��t1TY CO,�,i1 r r
WE
APPROVED AS TO FORM AND LEGALSU FFICI ENCY:
By:
Dy an Reingold, County Attorney
Jeffrey R. Smith, Clerk of Court and Comptroller
Attest: (a`„
Deputy Clerk
(SEAL)
Designated Representative:
Terry Southard
Utility Operations Manager
(772) 226-3404
Terrysouthard@ircgov.com
�aTE��23s Es ��
;a r
(Contractor) -
�(CORPORATESEAL)
Attest / e C,44
Address for�iving notices: r_
License No. ) 0 cf 0
(Where applicable)
Agent for service of process:
Designated Representative:
Name:
Title:
Address:
Phone:
Email:
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
Exhibit 1 to the Agreement— Pricing
BID SCHEDULE OF VALUES
INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES
DEEPENING AND TESTING OF UFA WELL Sl & N7
BIDDER'S NAME:
1. GENERAL CONDITIONS
BF -1
JW -01-28B JLA Geoscfences, Inc.
QUANTITY'
I
BONDS AND INSURANCE/GENERAL CONDITIONS
1
LS
$25,000
2
UNDEFINED CONDITIONS ALLOWANCE (DRILL OUT Sl CEMENT PLUG AND SIT)
I
1
LS
f
$50.000
2. Sl DEEPENING AND TESTING
..... .....
3
MOBIUZATION/DEMOBIUZAIION
1
LS
$20.000
$20,000
4
PULL EXISTING PUMP AND MOTOR
1
LS
32.500
5
PRELIMINARY DOWN HOLE VIDEO (STATIC AND DYNAMIC)
I
IS
6
FORMATION WATER DISPOSAL SYSTEM
1
Ls
siz000
$12.000
7
DEEPENING OF EXISTING BOREHOLE FROM 800-1500 FEET BLS
700
FT
$110
$T71000
B
9
GEOPHYSICAL LOGGING SUITE (XY CALIPER, DUAL IND., GAMMA, BRCS, SP, SPR, STATIC
& DYNAMIC FLUID COND., TEMP and FLOW)
INSTALL INFLATABLE STRADDLE PACKER FROM 850-900' BLS AND PERFORM PACKER
TEST OF CONFINING UNIT
1
1
LS
LS
SMOG
$35,000
$12,000
$35=0
10
INSTALL INFLATABLE OFF BOTTOM PACKER FROM @'900' BLS
1
LS
$25.000
11
24-HOUR CONSTANT RATE PUMPING TEST OF AAPZ
1
LS
$20.000
$20,000
12
24-HOUR PUMPING TEST OF UFA
1
LS
$20.000
$20.00
13
SET UP TO BACK PLUG BOREHOLE
1
LS55,$00
$5,500
14
BACK PLUG BOREHOLE WITH NEAT CEMENT GROUT FROM APPROXIMATELY 1,250 -FEET
TO 1,500-FEETAND FROM 850 -FEET TO 900 -FEET
300
LF
$50
sts'000
15
GRAVEL BACKFILLAAPZ FROM APPROXIMATELY 900-FEETM 1,250 -FEET
400
LF
$50
16
WELL ACIDIZATION SETUP
1
LS
$IS.000
17
WELL ACIDIZATION
4,000
GAL
ss
$20.000
18 INSTALL
AND REMOVE PUMP DISCHARGE APPARATUS
1
LS
$15.000
$15,000
19
PUMP DEVELOP WELL
60
HR
$300
$18.00
20
CONDUCT STEP -RATE PUMPING TEST
8
HR
mo
$2.900
21
FINAL DOWN HOLE VIDEO LOG (STATIC AND DYNAMIC)
I
LS
$4.000
$4.000
22
RINSTALLPERMINANT WELL PUMP
1
LS
$9.500
samsco
23
WELL DISINFECTION AND WATER QUALITY SAMPLING
1
LS
55,000
$6.000
24 SITE
RESTORATION
1
LS
$20.000
$20.000
BF -1
JW -01-28B JLA Geoscfences, Inc.
BID SCHEDULE OF VALUES
INDIAN RIVER COUNTY DEPARTMENT OF.UTILITY SERVICES
DEEPENING AND TESTING OF UFA WELL S1 & N7
BIDDER'S NAME:
3. N7 DEEPENING AND TESTING
.:.JT.EM .,,w ..... , •. .. . . ..........>.,. _..., IT .. .� ,. ...
4lIA(YTIT1(_. _ U)yR
. jig LLA,RICE AMoIJn_it:.:.
25
MOBILIZATION/DEMOBILIZATION
1
LS
$80,000
$00,000
26
PULL EXISTING PUMP AND MOTOR
1
LS
55,500
$5,500
27
P RELIMINARY DOWN HOLE V IDEO (STATIC AND DYNAMIC)
1
LS
$4,000
$4,000
28
FORMATION WATER DISPOSAL SYSTEM
1
LS'
$12000
s1z,000
29
DEEPENING OF EXISTING BOREHOLE FROM 800.1500 FEET BLS
700
FT
$110
07.000
30
GEOPHYSICAL LOGGING SUITE (XY CALIPER, DUAL IND., GAMMA, BHCS, SP, SPR, STATIC
;& DYNAMIC FLUID COND., TEMP and FLOW)
1
�'
MOOD
s12000
31
INSTALL INFLATABLE STRADDLE PACKER FROM 850-900' BLS AND PERFORM PACKER
TEST OF CONFINING UNIT
1
LS
$05,000
565,000
32
INSTALL INFLATABLE OFF BOTTOM PACKER FROM @ ^900' BLS
1
LS
525,000
$25,000
33
24-HOUR CONSTANT RATE PUMPING TEST OFAAPZ
1
LS
S20,00o
120,000
34
24-HOUR PUMPING TESTOF UFA
1
LS
$zaoao
s20,000
35
SETUP TO BACK PLUG BOREHOLE
1
LS
66,$00
$6,600
36
BACK PLUG BOREHOLE WITH NEAT CEMENT GROUT FROM APPROXIMATELY 1,250 -FEET
TO 1,500-FEETAND FROM 8S0 -FEET TO 900 -FEET
300
LF
Sso
$16,000
37
GRAVEL BACKFILL AAPZ FROM APPROXIMATELY 900-FEETTO 1,250 -FEET
350
LF
s50
$17.600
38
WELL ACIDIZATION SETUP
1
LS
$15.000
$16,000
39
WELLACIDIZATION
4,000.
GAL
$5
$20.000
40
i
INSTALLANDREMOVE PUMP DISCHARGE APPARATUS
1
LS
$15,000
$15,000
41
PUMP DEVELOP WELL
60
HR
S300
$16.000
42
CONDUCT STEP -RATE PUMPING TEST
8
HR
5050
52.800
43
FINAL DOWN HOLE VIDEO LOG STATIC AND DYNAMIC)
3
LS
54000
$12000
44:
RINSTALL PERMINANTWELL PUMP
3
LS
58,500
525.500
45
WELLDISINFEC ION AND WATER-oUALITYSAMPUNG
3
LS
$6.000
$15.000
46
SITE RESTORATION
1
LS
•$20,000
szo,00a
Tata) Bid Amount $ 992,100.00
Total Bid Amount in Words: Nine Hundred Ninety Two Thousand One Hundred Dollars and Zero Cent
Note: The Bid Schedule of Values is based on -an estimate. Actual quantities of items will be determined by the OWNER AND OWNER'S
BF -2
JW -01-28B ILA Geosdences, Lnc