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HomeMy WebLinkAbout2008-012CONTRACT FOR INSTALLATION OF IRRIGATION PUMP SYSTEM BETWEEN INDIAN RIVER COUNTY If►i7 HOOVER PUMPING SYSTEMS CORPORATION THIS AGREEMENT (the "Agreement") is entered into on this 15th day of January 2008, by and between Hoover Pumping Systems Corporation ("Hoover"), 2801 North Powerline Road, Pompano Beach, FL 33069 and Indian River County, a political subdivision of the State of Florida, 1801 27a' Street, Vero Beach, FL 32960, (the "County") do agree as follows: BACKGROUND FACTS WHEREAS, Hoover is a Florida Corporation experienced in the installation of pumping and irrigation equipment and has represented to County that it has the competency and experience to perform the services set forth in this agreement; and WHEREAS, County is the owner of the golf course named Sandridge Golf Club, 5300 73rd Street, Vero Beach, Florida, (the "Course") and desires to engage Hoover to install a centrifugal pump system to provide irrigation to the Dunes Golf Course; and WHEREAS, Hoover was chosen after a Response to Request for Proposals #2008021 was considered by County and the parties now wish to set forth their mutual obligations. NOW, THEREFORE, in consideration of the mutual benefits to be derived from this agreement and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and Hoover agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are thereby incorporated herein. 2. Request for Proposal. Hoover's response dated October 28, 2007 to the County's Request for Proposal #2008021 is incorporated into this agreement by reference, including specifications, pricing and details. 3. Notices. Any of all notices (except invoices) given or required under this agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the County: Sandridge Golf Club Bob Komarinetz, Director 5300 73rd Street Vero Beach, Florida 32966 If to Hoover: Brent Hoover, President Hoover Pumping Systems, Inc. 2801 North Powerline Road Pompano Beach, FL 33069 3. Scope of Work. In addition to the specific components, specifications and plans which are more fully detailed in Hoover's Response dated October 28, 2007, to the Request for Proposal #2008021, Hoover agrees to perform the following at the Sandridge Golf Club located at 5300 73`a Street, Vero Beach, Florida. a. Replace the pump station located behind the fust hole on the Dunes Course with a single stage end suction centrifugal type pump which will provide at least 120 PSI and 1,750 gallons per minute for golf course irrigation purposes. Hoover shall certify to the County that all equipment installed under this contract is capable of providing for this volume of water. b. Hoover shall use all new materials, parts and equipment. c. Hoover shall utilize the lake in close proximity to existing well location in order to utilize existing electrical service and main irrigation line. Hoover shall be responsible for connecting the new pump and equipment from the existing pump and equipment. d. Hoover will use the existing concrete slab and pump house to locate the new pumping system. C. Hoover agrees to remove and lawfully dispose of the existing pump together with all non -usable equipment. County shall be responsible for concrete repairs and to fill in old wet well. Hoover will supply temporary cover over wet well. f. Hoover agrees to guarantee all parts, labor, materials and equipment for a period of one year after acceptance by the County. If warranty work is required, Hoover shall provide a trained technician on site within 24 hours of notification from the County. g. Hoover shall obtain and pay for all licenses, permits and inspections fees required for this project. Hoover shall comply with all laws, building codes and ordinances applicable to this project. h. All current safety precautions shall be observed by Hoover during this project. Any property placed on the work site shall be at the risk of Hoover and/or their subcontractors and the County shall not be liable for any damage or loss to said personal property for any cause whatsoever. i. The new pump must be installed and operational in no more than five business days from the date Hoover begins work on site. 4. Insurance and Indemnity. Hoover, together with its subcontractors, will maintain the following minimum limits of insurance during the term of this agreement and shall provide evidence of said coverage being in effect by providing the County with a Certificate of Insurance listing Indian River County as an additional insured. Hoover and its subcontractors shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the County's Risk Manager: 2 a. Workers' Compensation Insurance: Hoover shall procure and maintain workers' compensation insurance to the extent required by law for all its employees to be engaged in work under this contract. b. Public Liability Insurance: Hoover shall procure and shall maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The County shall be an additional named insured on this policy with respect to all claims arising out of the operations or work to be performed. i. Commercial General Liability $500,000 combined single limit (other than automobile) for bodily injury and property damage for: Premises/Operations Independent Contractors Products/Completed Operations Personal Injury Contractual Liability ii. Business Auto Liability - $500,000 combined single limit for bodily injury and property damage for Owned/Leased Automobiles Non -Owned Automobiles Hired Automobiles c. Proof of Insurance: Hoover and its subcontractors shall furnish the County a Certificate of Insurance in a form acceptable to the County Risk Manager for the insurance required. Such certificate or an endorsement provided by Hoover must state that the County will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement naming County as Additional Insured must accompany the Certificate of Insurance. d. Hoover's insurance coverage shall be primary. All above insurance policies shall be placed with insurers with a Best's rating of no less than A + (VII). The insurer chosen shall also be licensed to do business in Florida. e. There shall be no more than $5,000 deductible per claim amount unless approved by the County Risk Manager. Any deductibles or self-insured retentions greater than $5,000 must be approved by the Risk Manager for the County with the ultimate responsibility for same going to Hoover. f. Hoover agrees to and does hereby indemnify and save the County harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorneys fees for the defense thereof, arising from any breach or default on the part of Hoover in the performance of any covenant or agreement on the part of Hoover, its agents, contractors, or employees arising from activities hereunder. In the event any action or proceeding is brought against the County by reason of any such claims, Hoover 3 covenants to defend such action or proceeding by counsel reasonably satisfactory to the County g. To the extent allowed by the Laws of Florida, Hoover hereby agrees to indemnify, defend, save and hold harmless the County from all claims, demands liabilities, and suits of any nature arising out of because of or due to any intentional and/or negligent act or occurrence, omission, or commission of Hoover, its agents, or employees, arising out of this agreement or the work which is the subject hereof. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the County for its own negligence. 5. Termination. The County may terminate this Agreement, with or without cause, upon five (5) days prior written notice to Hoover. In the event of such termination, Hoover shall be paid for services rendered to the county's satisfaction through the date of termination. Either party may, at its option, terminate this Agreement as provided herein in the event of material breach by the other party of this Agreement. A breach shall be "material" within the meaning of this Agreement if the breach is: (i) a breach of a monetary obligation, including non-payment of sums due from County to HOOVER, (ii) a breach of any of the obligations described in Sections 3 or 4 of this Agreement; (iii) a breach which would have a material adverse affect on the other party. A termination under this provision shall be effective only upon a written notice, specifically identifying the breach on which termination is based. 6. Miscellaneous a. Litigation: In the event any legal proceedings are required to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees at both trial and appellate levels, together with all costs of said proceedings. b. Amendment: No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto. c. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. d. Entire Agreement: This Agreement contains the entire agreement and understanding between the parties. No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any party hereto. e. Governing Law: This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. 0 f. Assignment. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by Hoover or the County under any circumstances without the prior written consent of the other party. g. Entire Agreement. This document and Response to Request for Proposals #2008021 incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by the County and Hoover. h. Fee for Additional Services. In the event the County approves additional Services in accordance with this Agreement, Hoover shall be entitled to charge and collect the additional sum agreed by the parties at the time such additional Service was approved by County together with sales, service, use or other taxes that may be attributable to such SUM. i. Contingency Agreement. Hoover warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Hoover, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or Firm, other than a bona fide employee working solely for Hoover, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this section, the County shall have the right, but not the duty, to terminate this Agreement without liability, and, at its discretion, to deduct from the Agreement such price, or otherwise recover the full amount of such fee, commission, percentage, gift or other consideration. j. Indeuendent Contractor. It is agreed by the parties that, at all times and for all purposes within the scope of this Agreement, the relationship of Hoover to the County is that of independent contractor, and not that of employee. E IN WITNESS WHEREOF the County and Hoover have caused these presents to be executed in their names, the day and year first above written. Witnesses: 0 HOOVER PUMPING SYSTEMS CORPORATION B. Print Name: ep f o o e As its: 115— t r. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY a 7 San ra . Iaivtiei 'Chairman tIQ'ier�f of Court Attest: NfN a 0.^-•--i By: Deputy Clerk Approved as to form and legalsufficiency: William K. DeBraal Deputy County Attorney Indian River County Approved Date Administration Budget Co. Atty. Risk Mareement Public Works 0 HOOVER PUMPING SYSTEMS CORPORATION B. Print Name: ep f o o e As its: 115— t r. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY a 7 San ra . Iaivtiei 'Chairman tIQ'ier�f of Court Attest: NfN a 0.^-•--i By: Deputy Clerk Approved as to form and legalsufficiency: William K. DeBraal Deputy County Attorney