Loading...
Contract 2019-40A CONTRACTOR AGREEMENT THIS AGREEMENT, is made and entered into this p day of n l '� 2019, by and between the CITY OF CLERMONT, jl FLORIDA,'� a municipal'corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street,Clermont, Florida, (hereinafter referred to as "OWNER"), and FLORIDA WATER FEATURES, INC., whose address is: 1451 Seminola Blvd. Casselberry, FL 32707, (hereinafter referred to as "CONTRACTOR"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I —SCOPE OF WORK The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus and transportation and perform all of the work described in the specifications entitled: RFB No. 19-035 titled Victory Pointe Fountains and Aeration Systems Design-Build; as prepared by Owner and its agents shall do everything required by this Contract and the other Contract Documents contained in the specifications, which are a part of these Documents. ARTICLE II—THE CONTRACT SUM The OWNER shall pay to the CONTRACTOR, for the faithful performance of the Contract, in lawful tender of the United States, and subject to addition and deductions as provided in the Contract Documents, the Compensation Schedule, attached hereto and incorporated herein as Exhibit "A". The total contract sum shall not exceed FORTY SEVEN THOUSAND FORTY FOUR DOLLARS AND 00/100 CENTS ($47,044.00). ARTICLE III—COMMENCEMENT AND COMPLETION OF WORK 1.) The CONTRACTOR shall commence work within Ten (10) calendar days after receipt of(i) Notice to Proceed, and (ii) receipt of all permits required to perform the work, and the CONTRACTOR will complete the same within ninety (90) calendar days, unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 2.) The CONTRACTOR shall prosecute the work with faithfulness and diligence. 3.) The CONTRACTOR further declares he has examined the site of the work and that from personal knowledge and experience or that he has made sufficient investigations to fully satisfy himself that such site is correct and suitable for the work and he assumes full responsibility therefore. The provisions of this Contract 1 shall control any inconsistent provisions contained in the specifications. All Drawings and Specifications have been read and carefully considered by the CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the OWNER than against the CONTRACTOR and his Surety. 4.) As-built drawings, warranties acceptable to OWNER must be submitted to the OWNER before final payment will be made to the CONTRACTOR. ARTICLE IV— LIQUIDATED DAMAGES 1.) It is mutually agreed that time is of the essence in regard to this Contract. Therefore, notwithstanding any other provision contained in the Contract Documents, should the CONTRACTOR fail to complete the work within the specified time as set by the Notice to Proceed, or any authorized extension thereof, CONTRACTOR shall pay to OWNER the sum of One Hundred Fifty Dollars ($150.00) per calendar day as fixed, agreed and liquidated damages for each calendar day elapsing beyond the specified time date; which sum shall represent the damages sustained by the OWNER, and shall be considered not as a penalty, but in liquidation of damages sustained. CONTRACTOR shall pay the liquidated damages amount contained herein to Owner within fifteen (15) days of receipt of Owner's written demand for such payment. 2.) For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day schedule for protection. ARTICLE V—PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the OWNER shall pay the CONTRACTOR as follows: 1.) CONTRACTOR shall submit a progress payment request by the third (3rd) day of each calendar month for work performed during the preceding calendar month. Upon CONTRACTOR's signature accepting the PARTIAL PAYMENT AUTHORIZATION, the Owner shall make a partial payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified and approved estimate by the OWNER and the Engineer, for work performed during the preceding calendar month under the Contract. To insure proper performance of the Contract, the OWNER shall retain ten percent (10%) of the amount of each estimate until final completion and acceptance of all work covered by the Contract. 2 2.) Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER that all payrolls, material bills and other costs incurred by the CONTRACTOR in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the Specifications have been furnished and are found acceptable by the OWNER, final payment on account of this Agreement shall be made within thirty (30) calendar days after completion of all work by the CONTRACTOR covered by this Agreement and acceptance of such work by the OWNER. ARTICLE VI —ADDITIONAL BONDS It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bonds hereto attached for its faithful performance and payment of labor and materials, the OWNER shall deem the Surety or Sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance and payments of the work, the CONTRACTOR shall, at his expense, and within seven (7) days after receipt of Notice from the OWNER to do so, furnish additional bonds, in such form and amounts, and with such Sureties as shall be satisfactory to the OWNER. In such event, no further payment to the CONTRACTOR shall be deemed due under this Agreement until such new or additional security for the faithful performance and for payment of labor and materials of the work shall be furnished in manner and form satisfactory to the OWNER. ARTICLE VII—DISPUTE RESOLUTION - MEDIATION 1.) Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2.) The Owner and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3.) The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. ARTICLE VIII— INSURANCE AND INDEMNIFICATION RIDER 1.) Worker's Compensation Insurance-The CONTRACTOR shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in 3 hazardous work under this contract at the site of the Project is not protected under the Worker's Compensation statute,the CONTRACTOR shall provide adequate insurance, satisfactory to the Owner, for the protection of employees not otherwise protected. 2.) CONTRACTOR's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) CONTRACTOR's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury& Property Damage Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3.) SubCONTRACTOR's Public Liability and Property Damage Insurance-The CONTRACTOR shall require each of his subCONTRACTORs to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subCONTRACTORs in his policy, as specified above. 4.) Owner's and Constractor's Protective Liability Insurance-The Owner shall procure and furnish an Owner's and Constractor's Protective Liability Insurance Policy with the following minimum limits: (a) Bodily Injury Liability& $1,000,000 Each ($2,000,000 aggregate) Property Damage Liability Occurrence Combined Single Limit 5.) "XCU" (Explosion, Collapse, Underground Damage) - The CONTRACTOR's Liability Policy shall provide"XCU"coverage for those classifications in which they are excluded. 6.) Broad Form Property Damage Coverage,Products&Completed Operations Coverages-The Constractor's Liability Policy shall include Broad Form Property Damage Coverage, Products and Completed Operations Coverages. 7.) Contractual Liability Work Contracts - The Constractor's Liability Policy shall include Contractual Liability Coverage designed to protect the CONTRACTOR for contractual liabilities assumed by the CONTRACTOR in the performance of this Agreement. 4 8.) Indemnification Rider (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the Owner and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death,or to injury to or destruction of tangible property(other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the Owner or any of its agents or employees by any employee of the CONTRACTOR, any subCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subCONTRACTOR under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the Owner for the indemnification provided herein. ARTICLE IX—NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid,or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Florida Water Features, Inc. 1451 Seminola Blvd. Casselberry, FL 32707 Attn: John P. Anderson 5 OWNER: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE X—MISCELLANEOUS 1) Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2) Waiver. The waiver by city of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 3) Severability. If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision,or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4) Amendment. Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 5) Entire Agreement. This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 6) Assignment. Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 7) Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 8) Applicable Law. This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 6 9) Public Records. CONTRACTOR expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. ARTICLE XI—CONTRACT DOCUMENTS The Contract Documents, as stated in the Instructions to Bidders and herein made a part, are as fully a part of this Contract as if herein repeated. Document Precedence: 1) Contract Agreement 2) Technical Plan and Specifications 3) All documents contained in RFP No.: 19-035 titled Victory Pointe Fountains and Aeration Systems Design-Build and CONTRACTOR's response thereto. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 3 day of )LtRe, ,2019. City o ; ont arr A , ( i a ger Attest: t----- k iS Tracy Ackroyd Howe, City Clerk ' _., 4 a Florida Water Features, Inc. By: / (Sign. e' •o!At.) P ApotAS�N \If (Name &Title Printed or Typed) A t: .t.(--Q Akai(lur Corporate Secretary ace-0e ivlakleg (Name Printed or Typed) 8 EXHIBIT A ,-" ,•••.• Florida Water Features, Inc. QUOTE OTE Thr 1451 Seminola Blvd. Casselberry, FL 32707 DATE Quote Number 4/1/2019 3992 CUSTOMER 352-241-7350 Phone Freddy Suarez,MPA,CPPB 352-394-2379 Fax Purchasing Dept. 685 West Montrose St. 2nd Floor FSUAREZ@CLERMONTFL.ORG Clermont,FL 34711 JOB TERMS Floating Fountains Net 30 DESCRIPTION QTY COST TOTAL The following is our price to install 2 Floating Fountains per RFP at Victory Point in Clermont: 5HP,230V, 10,New 3-Tier Floating Fountain with: 2 10,380.00 20,760.00 2-90W, 120V Cool White LED Lights 225'Pump and Light Cables(North Fountain) 400'Pump and Light Cables(South Fountain) Rain-Tight,NEMA-3R,UL Controls including: GFI Protection-pump&lights 24 Hour Timers-pump& lights Thermal Overload Protection *Installation Electrical supply from Existing City Panel to Fountain Control Panel by Permitted Electrician. I 3,000.00 3,000.00 Optional Fiberglass Enclosure 2 998.00 1,996.00 (The NEMA 3R specified Fountain Control Panel would go inside this enclosure.) Colored Lenses for Lights(plastic)(4 sets of Red/Amber/Green/Blue) 4 49.00 196.00 The City will own these and they usually last about 2-3 years. Sales Tax 6.50% 0.00 THANK YOU. All parts listed are covered under warranty for five(5)years,Including TOTAL labor. $25,952.00 ACCEPTED BY: Phone# 407-834-0621 contact@floridawaterfeatures.com P.O.4: Date: Fax# 407-388-0621 The above items&prices, are hereby accepted. Please fax,(407-388-0621),or email, www.floridawaterfeatures.com (contact a floridawaterfeatures.com),a copy back for our records. THANK YOU. .1 Florida Water Features, Inc. QUOTE 1451 Seminola Blvd. — Casselberry,FL 32707 DATE Quote Number 4/1/2019 3993 CUSTOMER 352-241-7350 Phone Freddy Suarez,MPA,CPPB 352-394-2379 Fax Purchasing Dept. 685 West Montrose St. 2nd Floor FSUAREZ@CLERMONTFL.ORG Clermont,FL 34711 JOB TERMS Aerators Net 30 DESCRIPTION QTY COST TOTAL The following is our price to install 2 Aeration Systems per RFP at Victory Point in Clermont: FWF Aer4 IHP 230v Compressed Aeration System with 4 diffuser heads. 2 6,082.00 12,164.00 Heavy weighted aeration hose. 2,400 2.47 5,928.00 Electrical supply from Existing City Panel to Aeration Cabinet by Permitted Electrician. 3,000.00 3,000.00 Sales Tax 6.50% 0.00 THANK YOU. All parts listed are covered under warranty for five(5)years,Including TOTAL labor. $21,092.00 ACCEPTED BY: Phone# 407-834-0621 contact@floridawaterfeatures.com P.O.4: Date: Fax# 407-388-0621 The above items&prices, are hereby accepted. Please fax,(407-388-0621),or email, www.floridawaterfeatures.com (contact@floridawaterfeatures.com),a copy back for our records. THANK YOU. SECTION — J SIGNATURE PAGE By signing this section the respondent certifies that: 1. It satisfies all legal requirements (as an entity) to do business with the City. 2. The undersigned respondent acknowledges that award of a contract may be contingent upon a determination by the City and that the respondent has the capacity and capability to successfully perform the contract. 3. The proposer hereby certifies that it understands all requirements of this solicitation, and that the undersigned individual is duly authorized to execute this proposal document and any contract(s) and/or other transactions required by award of this solicitation. Purchasing Agreements with Other Government Agencies This section is optional and will not affect contract award. If the City of Clermont awarded your company, would your company sell under the same terms and conditions, for the same price, to other governmental agencies in the State of Florida? Each governmental agency desiring to accept to utilize this contract shall be responsible for its own purchases and shall be liable only for materials or services ordered and received by it. Yes No (Check one) By signing below, the respondent agrees to all terms,conditions, and specifications as stated in this solicitation, and is acting in an authorized capacity to execute this response.The respondent also certifies that it can and will provide and make available, at a minimum,the items set forth in this solicitation. Respondent Information and Signature Company Name(print): FIJO/UP 34T . nnr� �S Tor �NL, Street Address: /y f it JG, i,vO(A /'LJO. Affe , FL 3zr7orj Mailing Address(if different): /l Telephone: 40r)- 13(-0‘a1 Fax: 909- 3,f1"- 06.2,( CooTALT g Email: Payment Terms: % days, net 30 FEIN: s-41 - 3 Professional. License No.: ( • °o06`I I 2•9 Signature: Date: 313(r Print Name: i-tri e ANp ap Title: V P Does the respondent accept payment using the City's MASTERCARD? !`" Yes ❑ No END OF SECTION J RFP No: 19-035 Page 32 of 32