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HomeMy WebLinkAbout2000-122E13 J C1 4)i,;__ �{;� All i INDIAN RIVER COUNTY, FLORIDA GRANT AGREEMENT FWCC NO. 99087 THIS AGREEMENT made and entered into on the 18th day of Apr i 1 , 2000, by and between nee ccl/etl 5es,l-r_ herein after called the Contractor, and INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, hereinafter called the County. WITNESSED: That the Contractor and the County, for the consideration hereinafter named, agree as follows: Article 1. SCOPE OF WORK: The Contractor shall furnish all labor, services, equipment and perform all the work described in the Specifications entitled: ARTIFICIAL REEF PROJECT PLANS AND TECHNICAL SPECIFICATIONS GRANT AGREEMENT FWCC NO. 99087 for Indian River County, Florida and shall do everything required by this Agreement and Contract Documents. Payment shall be made in accordance with the Itemized Bid Schedule attached as Exhibit "A" and made a part of this agreement. Article 2. COMMENCEMENT AND COMPLETION & DAMAGES: As time is of the essence, the Contractor will be required to commence work immediately after receipt of the notice -to -proceed and shall complete the project before June 15, 2000. The time stated for completion shall include final clean-up of the premises. Th( Contractor agrees to reimburse Indian River County, Florida liquidated damages for each calendar day elapsing between the date herein specified as the day of full completion and the actual day of such completion of the Contract work the amount of one hundred dollars ($100) per calendar day. Not to exceed the total amount of the contract. Article 3. THE CONTRACT SUM: The County will pay the Contractor for performance of the Contract, subject to additions and deductions provided therein, in current funds as follows: Numerical Amount"� �' 1 / Written Amount � y— � i �Lli11G�'/i f �- o 111 R 5 Article 4. ACCEPTANCE AND PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the County Project Manager will promptly make such inspection and when he finds the work acceptable under the terms of the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work provided for in this Contract has been completed, and acceptance by him under the terms and the conditions thereof is recommended and the entire balance found to be due the Contractor, will be paid to the Contractor by the County following County Commission approval of the final Contract payment. Before issuance of a final certificate, the contractor shall submit evidence satisfactory to CONTRACT C - 1 J J the County Project Manager that all payrolls, material bills, and other mdebted,ness connected with the work have been paid. The making and acceptance of the final payment shall constitute a waiver of all claims by the County, other than those arising from unsettled liens, from faulty work appearing after final payment or from requirements of the Specifications and of all claims by the Contractor, except those previously made arid still unsettled. Article 5. INDEMNIFICATION: The Contractor, upon his part, agrees to protect, indemnify, save harmless, and insure the County from any liability to any persons for injuries to the person. including loss of life, or damage to property, resulting from the acts or omissions of the Contractor in performing his obligations under this Contract. The parties expressly recognize that the relationship between the County and Contractor is that of owner and independent contractor, and that neither the Contractor nor any of his servants, agents, or employees shall ever be considered to be an agent, servant or employee of the County. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written above. A�� 'p,FlA L. S' — PP�• ' VAS' •. ( ontractor) Si ned an'.. ?led by the z Ci4is�Qr in prase ce of: 'Z• :t. SUMMERLIN Attest '••moats•. INDIAN RIVER COUNTY By: �6 (.l�/L Fran B. Adams, Chairman Dated: Abri 1 18. 2000 PROJECT NO: Jeffrey K. Barton, Clerk V Indian River County Approved Date Administration Budget Legal Risk Management Public Works Coastal Engineering INDIAN RIVER COUNTY, FLORIDA APPLICATION FOR PAYMENT NO.__ ACCOUNT NO: CONTRACT AP - 1 • 1) MPROJECT: —_ CONTRACTOR NAME/ADDRESS: "'---_ APPLICATION DA FOR PERIOD ENDIN STATEMENT OF WORK Original Contract Price $_ Materials Stored $_ Net Change Orders $ (Attach detailed schedule and paid invoices) Current Contract Price $� Total Word/Materials to Date $--- Work _ _-_.Work to Dale: Less 10% Retainage $ Under Original Contract $ Sub Total $ Under Change Order $ Less Prior Payments $ Percent of Work Completed to Date % BALANCE DUE THIS PAYMENT $ Contractors Certification The undersigned CONTRACTOR hereby certifies that all items and amounts on the face of this application for payment are correct; that all work has been performed and/or materials supplied in full accordance with the terms and conditions of the contract. The undersigned CONTRACTOR hereby swears under penalty of perjury that (1) all previous progress payments received from the OWNER on account of work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Applications for Payment under said contract, being Applications for Payment numbered 1 through inclusive; and (2) all materials and equipment Incorporated in said project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interests and encumbrances. Dated , 2000 BY: COUNTY OF INDIAN RIVER STATE OF FLORIDA (Contractor) (Name/Title) Before me this _ day of 2000, personally appeared , known to me, who being duly sworn, deposes and says that (s)he is the of the CONTRACTOR above mentions; that (s)he executed the above Application for Payment and statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct and complete. Notary Public My Commission Expires CONTRACT AP - 2 i • :7 GRANT REQUIREMENTS This project is being funded by a grant from the Federal Aid in Sport Fish Restoration Program (CFDA No. 15.605) through the Florida Department of Environmental Protection in accordance with the provisions of Florida Statutes, Section 370.25, and administered under the rules established by Chapter 62R-9, Florida Administrative Code. In accordance with the grant agreement between the County and the Florida Department of Environment protection, the Bidder shall comply with the following conditions and requirements: 1. Chapter 62R-9 (The Comprehensive Artificial Fishing Reef Program Control Code) of the Florida Administrative Code is expressly made a part of the project specifications and incorporated herein by reference as if fully set forth. The BIDDER agrees to abide by and comply with all provisions of said rules. 2. All invoices submitted for payment shall include sufficient detail to perform a proper pre - audit or post -audit review, as required by the COUNTY and the Florida Department of Environmental Protection. This may include, but rot be limited to, invoices with costs per hour or per load defined, canceled checks, bidding documents, etc. 3. The BIDDER agrees to provide access to all records, to allow the audit of any books, documents and papers relating to this project. All records, documents, and papers relative to this project should be retained for a period not less than three years from the completion of the project. All documents, papers, letters, or other material in conjunction with this project shall be public record and treated in the same manner as other public records under general law and such records may be audited by the State of Florida Auditor General. 4. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or contractor under a contract with any public entity, and may 1 of transact business with any public entity in excess of the threshold amount provided in Section 287.017 Florida Statutes, for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 5. The Contractor shall comply with all applicable federal, state, and local rules and regulations in providing services to the County under this Agreement. The Contractor acknowledges that this requirement includes compliance with all applicable federal, state, and local health and safety rules and regulations. 6. The CONTRACTOR shall be familiar with the enclosed agreement (FWCC No. 99087) and shall be required to comply with the conditions set -forth. Insurance Requirements The Contractor selected w'1!1 be required to furnish evidence of insurance(s) to the County as set forth below: In the event any contractor cannot obtain insurance (s) as required herein, he may submit a letter addressed to the County Coastal Engineer, setting forth all reasons why he cannot obtain such insurance(s). That letter shall contain alternative insurance levels to be obtained by the contractor. That letter and its contents shall be considered to be part of the contractor's response to the Bid. The successful contractor shall provide workers' compensation insurance as required by law. GRANT REQUIREMENTS GR - 1 • s A. Worker's Compensation for Employer's Liability Insurance. Statutory requirements for worker's compensation and employer's liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. B. Business Automobile Insurance - This coverage should include owned, hired and non -owned vehicles at a minimum combined single limit of $500,000 per occurrence. C. Commercial General Liability Insurance - Commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $500,000 per occurrence and personal coverage of $50,000. County shall be an additional insured. D. Professional Liability Insurance - Professional liability insurance at a minimum limit of $500,000. E. Contractor agrees to provide the insurance required, written by a carrier licensed to do business in Florida. The insurance company selected shall be rated A+VII or better, per the Best's Key Rating Guide. F. Indian River County must be added as an insured on all policies described above. A certificate of insurance (s) will be provided to the Risk Manager for review and approval ten (10) days prior to the commencement of any work under the contract. The certificate shall provide for Indian River County to be named as additionally insured for Business Automobile Insurance and General Liability Insurance for work under this contract. G. The County shall be given thirty days written notifications of their intent to cancel or modifications of any stipulated insurance. Insurance coverage shall be written on an occurrence basis with a company licensed to do business in the State of Florida. H. To the extent of the insurance benefits under the insurance policies required herein, described in Paragraph D above, whether indemnity payments, defense costs, or otherwise, the contractor shall indemnify and save the County harmless from the actions, payments and judgements arising from personal injuries or act or omission of the contractor, his agents, servants or employees, in execution or guarding of the work, including any and all expense, legal or otherwise, incurred by thr County or its representatives in the defense of any claim or suit. HOLD HARMLESS CLAUSE The Bid shall provide for the contractor holding harmless the County and representatives thereof from all suits, actions, or claims of any kind brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding contract work, or on account of any act or omission by the contractor or its employees, or from any claims or amounts arising or uncovered under any law, bylaw, ordinance, regulation or decree. Contractors FIRM CERTIFICATION The County of Indian River requires, as a matter of policy, that any Contractor or firm receiving a contract or award resulting from the Bid issued by the County of Indian River, Florida, shall make certification as below. Receipt of such certification, under oath, shall be a prerequisite to the award of contract and payment thereof. I (we), hereby certify that if the contract is awarded to me, our firm, partnership, or corporation, that no members of the elected governing body of Indian River County, nor any professional management, administrative official or employee of the County, nor members of his or her immediate family, including spouse, parents, or children, nor any person representing or purporting to represent any members or members of the elected governing body or other official, has solicited, has received or has been promised, directly or indirectly, any financial benefit, including but not limited to a fee, commission, finder's GRANT REQUIREMENTS GR - 2 40 �7 fee, political contribution, goods or services in return for favorable review of any Bid submitted in response to the Request for Bids or in return for execution of a contract for performance or provision of services for which Letters of Interest are herein sought. Handwritten Signature of Authojzed;Principal(s): NAME OF FIRM/PARTNERSHIP/CORPORATION ►Ve-llcr 144 tl* -e Sarde�f, I,•�, DATE: `I,/-/ --:LO(9 GRANT REQUIREMENTS GR - 3 • • • INFORMATION REQUIRED OF BIDDERS GENERAL INFORMATION THE UNDERSIGNED BIDDER GUARANTEES THE TRUTH AND ACCURACY OF ALL STATEMENTS AND ANSWERS HEREIN CONTAINED. FAILURE TO COMPLY WITH THIS REQUIREMENT MAY BE CONSIDERED SUFFICIENT JUSTIFICATION TO DISQUALIFY A BIDDER. ADDITIONAL SHEETS SHALL BE ATTACHED AS REQUIRED. 1. Contractors Name/Address Mdd,44(eg HiARr� Si�ur� •s =w 2 y/ 9 d,-. F"1: ?"14- F/ 3Y4V 5 2. Contractor's Telephone & FAX Numbers: s--11- I/0- G Air? Fir : S-6 /- 5460 - 9 -0/ 3. Contractbrs License: 4. Number of years as a Contractor in construction work of the type involved in this contract: ✓R f 5. What is the last project of this nature that you have completed? PIN!L/CS e-0 t4-, FSA• 6. Have you ever failed to complete work awarded to you; if so, where and why? 7. List the names and titles of all officers of Contractors firm: /1%Ar��ant�if�A✓1 {YI �L�y�/iy %�/'GS/c/w� 8. Name of person who inspected site or proposed work for your firm: Name: Date of Inspection: ZY'c/i— W. M cru !f• y NOTE: If requested by the County, the Bidder shall famish a notarized financial statement, references and other Information, sufficiently comprehensive to permit an appraisal of his cu rent fin ncial condition. (Bi der) QUESTIONNAIRE Q - 1 • • • LIST OF SUBCONTRACTORS The Bidder WILL list below the name and address of each Sub -Contractor who will perform work under this Contract in excess of one-half percent of the total bid price, and WILL also list the portion of the work which will be done by such Sub -Contractor. After the opening of Proposals, changes or substitutions will be allowed with written approval of Indian River County. Sub -Contractors must be properly licensed and hold a valid Certificate of Competency. Work to be Performed Sub-Contractors's Name/Address 1. 2. 3. 4. 5. 6. 7. Note: Attached additional sheets if required. QUESTIONNAIRE Q - 2 • 40 40 STATEMENT OF PUBLIC ENTITY CRIMES This form is a sworn statement under Section 287.133(3)(a), Florida Statutes, on public entity crimes and must be signed in the presence of a notary public or other officer authorized to administer oaths. 9. This sworn statement is submitted with Bid, Proposal or Contact No. 26 `fid for 11AT, Elam Xer5- eto,.-., 2. This sworn statement is submitted by (name of entity submitting swom Statement) whose business address is 2-y/9 Lif-4,e l p- F7• A "-", F/ 3fc9VV and applicable) its Federal Employer Identification Number (FEIN) is _Q7- 0 V6 75-1 Q- 0V67.5-! 9 . (If the entity has no FEIN include the Social Security Number of the individual signing this sworn statement: ) 3. My name is 3-0 X, w /n leC, (I., x and my (please print name of individual signing) relationship to the entity named above is, !Jf d e d/-1 4. 1 understand that a "Public Entity Crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public E ntity or with any agency or political subdivision of any other State or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 286.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any Federal or State trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a),Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or, b. An entity under the control of a natural person who is active in the management of the entity and who has been convicted of a pubiic entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of STATEMENT OF PUBLIC ENTITY CRIMES 3 - 1 • 40 equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty-six (36) months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133(1)(e),Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) _✓ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agent who are active in management of the entity, or an affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989, (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing of cer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) There person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General eral Services.) 4 zfg T Signature) L l Cj date STATEMENT OF PUBLIC ENTITY CRIMES S - 2 • • CJ STATE OF COUNTY OF S7- PERSONALLY APPEARED BEFORE ME, the undersigned authority, who. -10 N W MY <« i I n afterfirst being (name of individual signing)swom by me, affixed his/her signature in the space provided above on this / 2_ day of c' N '';NOTARY PUBLIC o! I 'r r ' G6`.•. _ � mss;, rr �• < iCSTAiEOnmissionexpires: BARBARA L. amsfERLIN STATEMENT OF PUBLIC ENTITY CRIMES S - 3 • • 40 5/ 11 /95(doc/d sclose.00c)blf SWORN STATEMENT UNDER SECTION 105 08 INDIAN RIVER COUNTY CODE ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No..2o qP for 2. This sworn statement is submitted by: w- �, rd e-6 , _7-- , whose business address is: /'r �. and (if applicable)its Federal Employer Identification umberr (rrI Si�-o vG psi 9 . (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement ) 3. My name is S AW'. and my relationship to the entity named above is iA,e e - go -e std. -- 4. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate' Includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active In the management of the entity. 5. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in Section 105.08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity have the following relationships with a County Commissioner or County employee: STATEMENT ON DISCLOSURE SS - 1 • • • Name of Affiliatq Name of County Commissioner Relationship r Entity or emviovee t: (V, A�& si nature) 1 no date STATE OF Glnr,/-4 COUNTY OF -S-7- The •T The foregoing instrument was acknowledged before me this 1-2- day of -,2000,by J, L W who is personally known to me orwho has produced ape I—Nn dk, o,,oj as identification. NOTARY PUBLIC •: OPPgARA C 'S•.. n; fomrr':! to Florida at �•. ``B�a ygfnmissioner '• STATE OF F�O� STATEMENT ON DISCLOSURE SS - 2 ARTIFICIAL REEF PROJECT GRANT AGREEMENT FWCC No. 99087 It BID SCHEDULE EXHIBIT "A" TO CONTRACT] 1 Load and transport materiel from donoro(FEC) 2000 on yard to the waterfront staging area. and r b yard re Ft Ptera rrt n dedal loading asrvioea and rad box, care b transport malarial b Mre waterfront � flW9419 ared. V Load material from waterfront staging area to 2000 Ton j � —2 bargo - ^ I �D "j0, ow 3 Transport and deploy material (500 ton/sile) at 2000 Ton r four (4) designated artiftlal reef sites. i TOTAL. BASE BID vm wlpyo McCulley Marine Services Inc 2419 Tamarind Drive FI. pierce, FL 34949.1544 HID SCHEDULE DS - 1