HomeMy WebLinkAbout2015-0925-1a-2_01:
ca.D.
.46/6-.01
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 J&H Waterstop Utilities, Inc.
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1- WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
Rehabilitation of Wet Wells at Lift Stations #196, #173, and #183
ARTICLE 2 - THE PROJECT
2.01 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: Wet Well Rehabilitations at Lift Stations #196, #173, and #183
Bid Number: 2015038
Project Address: #196 Sebastian Highlands #6 (Alexis Street)
#183 Macho (10045 102nd Street)
#173 KOA (8850 North US Highway # 1)
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 Contract.
3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
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 Contract.
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.B, below:
1
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: $ 68,100.00
Written Amount: Sixty-eight thousand, one hundred dollars and zero cents
ARTICLE 5 - PAYMENT PROCEDURES
5.01 Owner shall make only one payment for the entire amount of the contract when the work has
been completed and approved by the Building Division. 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 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
construction contract.
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.
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.
2
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.
1. 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
4. Addenda (numbers 1 to 1 , inclusive);
5. CONTRACTOR'S Bid Form (pages 14 to 15 of 28, inclusive);
6. Bid Bond (page 1 inclusive);
7. Bidders Questionnaire (page 13 of 28, inclusive);
3
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. 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 Contract 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 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 Contract 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 Contract shall be in Indian
4
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 that ordinarily and necessarily would be required by the
County in order to perform the service.
(2) Provide the public with access to public records on the same terms and conditions that the
County would provide the records and 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.
(4) Meet all requirements for retaining public records and transfer, at no cost, to the County all
public records in possession of the Consultant upon termination of the Agreement and
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be provided
to the County in a format that is compatible with the information technology systems of the
County.
B. Failure of the Consultant to comply with these requirements shall be a material breach of this
Agreement.
5
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 May 12 , 20 15 (the date the Contract is approved by the
Indian River County Board of County Commissioners, which is the Effective Date of the Agreement).
OWNER:
INDIAN RIVER COUNTY
B
CONTRACTOR:
J&H Waterstop Utilities Inc
By.
oseph A Baird, County Administrator
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By:
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of Court and Comptrol
Attest:
(SEAL)
Deputy Clerk
Designated Representative:
Name: Jerry Miller
Title: Lift Station Supervisor
4350 41st Street
Vero Beach, FL 32967
(772) 770-5144
6
(Contractor)
( PORATE SEAL)
..-1.11..z-
Address
Address for giving notices:
962 Shadick Dr Unit 4
Orange City FL 32763
License No. CUC1223884
(Where applicable)
Agent for service of process: Danielle Jorgensen
Designated Representative:
Name: Raul Negron
Title: Vice President
Address: PO Box 740925
Orange City FL 32774
Phone: 407-467-9472
Facsimile: 386-851-2466
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
None
8. CONSENT AGENDA
9:07 A. Approval of Warrants — April 24, 2015 to April 30, 2015
afar. (memorandum dated April 30, 2015)
2-8
Approved
B. Engagement of Berger Singerman LLP for Public Service Commission
Appeals
(memorandum dated May 5, 2015)
9-20
Approved
C. Final Payment for Engineering Consulting Services with Schulke, Bittle &
Stoddard, LLC., for Professional Services for Engineering Design,
Permitting and Construction Services for Conflict Resolution between Water
and Sewer Mains and Proposed Drainage on U.S. 1 South of 11th Street SW
to the County Line — UCP #4096
(memorandum dated April 30, 2015)
21-23
Approved
D. Approval of Award for Bid 2015038 — Wet Well Rehabilitations
(memorandum dated May 5, 2015)
24-31
Approved
9:07 E. Collective Bargaining Agreement Between Indian River County
a.m. Firefighters/Paramedics Association, Local 2201, I.A.F.F. and Indian River
County Emergency Services District
(memorandum dated May 7, 2015)
32-125
Approved
F. Final Pay to Masteller and Moler, Inc., for WO No. 3 — Central Regional
Wastewater Plant Sludge Holding Tank Modifications
(memorandum dated April 27, 2015)
126-127
Approved
G. Final Pay and Release of Retainage for R. J. Sullivan Corp. on the Central
WWTP Sludge Holding Tank Modifications Project — UCP 4102
(memorandum dated April 27, 2015)
128-133
Approved
H. Work Order No. 9 CB&I Coastal Planning and Engineering, Inc., Sector 3
Beach Restoration Project, 2015 Post Construction Physical Monitoring
Services
(memorandum dated May 4, 2015)
134-142
Approved
May 12, 2015 Page 2 of 6
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: May 5, 2015
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: Joseph A. Baird, County Administrator
Jason E. Brown, Budget Director
FROM: Jennifer Hyde, Purchasing Manage,
SUBJECT: Approval of Award for Bid 2015038 — Wet Well Rehabilitations
CONSENT AGENDA
BACKGROUND:
The Department of Utility Services requested the solicitation of bids for rehabilitation of wet wells
at Lift Stations #196 Sebastian Highlands LS #6 (Alexis Street), #183 Macho (10045 102nd Street)
and #173 KOA (8850 North US Highway # 1). The work includes installation of corrosion resistant
linings to the walls and tops of the lift station wet wells to prolong the life of the lift stations.
BID RESULTS:
Bid Opening Date: April 1, 2015
Advertising Date: April 22, 2015
Demandstar Broadcast to: 338 Subscribers
Specifications/Plans Downloaded by: 31 Vendors
Replies: 2 Vendors
Firm
Location
Total Bid
J&H Waterstop Utilities, Inc.
Orange City, FL
$68,100.00
Danus Utilities, Inc.
New Smyrna Beach, FL
$127,957.00
SOURCE OF FUNDS:
Funding in the amount of $68,100 is available in the Other Equipment account in the Operating
Fund, which is derived from sewer and water revenues. The budget for this project was
$75,000.00.
Account Number
Account Description
Budget Amount
471-166002
Operating Fund/Other Equipment
$68,100
24
CONSENT AGENDA
RECOMMENDATION:
Staff recommends the Board approve award to the lowest responsive and responsible bidder J&H
Waterstop Utilities, Inc. of Orange City, FL.
Staff further recommends the Board approve the attached agreement and authorize the Chairman
to execute it upon review and approval by the County Attorney as to form and legal sufficiency,
and after receipt and approval of the required insurance by Risk Management.
ATTACHMENTS:
Agreement
APPROVED AGENDA ITEM
BY: cL? a _.;
1+seph k Baird, County Administrator
FOR:
Indian River Co
, ..moved
Dat -
Admin
inmarefm
Legal
(ieltr
IBMIFIyII
Budget
Egl .
r
• 4Ir
Department
1TLLelll�J�
Risk
T
��f/��,
25