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HomeMy WebLinkAboutSludge Haulinga ' J BAKER -jENTERPRISES Mr. David Gee Superintendent General Development Utilities, Inc. 2055 Skyline Dr. S.W. Vero Beach, F1. 32962 Re: Sebastian Wastewater Residual Hauling July 20,1993 Dear David: Pursuant our site inspection of the aforementioned treatment facility the following proposal is submitted for your review and consideration. PROPOSAL J & J Baker Enterprises, Inc. will pump, load, transport and land apply wastewater residuals from the treatment facility owned and operated by General Development Utilities, Inc. (GDU) in Sebastian Highlands to a Florida Department of Environmental Regulation (FDER) approved site for a cost of $120.00 per 6,000 gallon truck load, subject to the following. 1. GDU and J & J Baker Enterprises, Inc. will execute a one (1) year contract with a one (1) year renewable clause. 2. GDU and J & J Baker Enterprises, Inc. will execute and forward an Agricultural Use Plan to FDER. 3. The Agricultural Use Plan will cost $500.00 to prepare and GDU agrees to pay J & J Baker Enterprises, Inc- the cost for said Agricultural Use Plan. 4. GDU will stabilize all wastewater residuals in accordance with Chapter 17-640 F.A.C. In addition, be advised that J & J Baker Enterprises, Inc. can provide residual hauling services to other facilities owned and operated by GDU thus reducing your cost by increasing our volume. Al Thank you for your cc(tinued interest in J & J Baker Enterprises, Inc. and should you have any questions please call. CORPORATE OFFICE P.O- Box 1843 Punta Gorda, Florida 339 51-1 843 (813) 629-7046 or (813) 575-0606 Fax (813) 575-1685 Sincerely, J & JBaker Enterprises, Inc. q David D. Peters General Manager East Coast Division EAST COAST DIVISION 1288 N.E. Business Park Place, Suite 109 Jensen Beach, Florida 34957 (407) 334-2150 Fax(4O7)334-3866 General Development Utilities. Inc. SMI AGe ral Deebprc t Corporalbn Subsidiary 2055 SKYLINE DRIVE. VERO BEACH. FLORIDA 32962 August 23,J1993 J&J Baker Enterprises, Inc. David D. Peters General Manager East Coast Division 1288 N.E. Business Park Place Suite 109 Jensen Beach, Florida 34957 Dear Dave: (407) 562-4869 I could not locate a current Base Contract between J&J Baker and General Development Utilities (GDU). To Correct this, I have included contract forms along with an addendum for sludge hauling at Sebastian Highlands. Please have the Base Contract forms and Addendum forms signed, and also complete the Contractor's Information Sheet. In reference to Section III of the contract agreement, you are required to execute certificates naming GDU as insured's and providing thirty (30) days notice to GDU prior to cancellation or termination of any policy. Return the completed forms and certificates of insurance to me at General Development Utilities, Inc., 2055 Skyline Dr. S.W., Vero Beach, Florida 32962. GDU will then execute the agreements and provide a copy to you for your records. If you have any questions, please give me a call at (407) 563- 9417 Sincerely, *Buddy�Be�tscffrt Division Director cc: David Gee File JL�KBAER EERPRISES September 2, 1993 General Development Utilities, Inc. Attn: Buddy Betschart, Division Director 2055 Skyline Drive Vero Beach, Florida 32962 Dear Mr. Betschart: Enclosed please find our executed contract between J & J Baker Enterprises, Inc. and General Development Utilities. Should you require any furhter information, please contact our office at your convenience. Sincerely, J & J BAKER ENTERRPPPRISES, INC. James R. Baker President JRB:dh Enclosures CORPORATE OFFICE EAST COAST DIVISION P.O. Box 1843 1288 N.E. Business Park Place, Suite 109 Punta Gorda, Florida 33951-1843 Jensen Beach, Florida 34957 (813) 629-7046 or (813) 575-0606 (407) 334-2150 Fax (813) 575-1685 Fax (407) 334-3866 SIUiXaE HAULING 1�� • A G 2.C-�� M -'T �� GENERAL DEVELOPMENT UTILITIES, INC. THIS AGREEMENT ("Agreement") made tat ..Sebastian.HiQhJands................. Z40.. day of ..Aug4*t...... , 19 ,9,$„ by and between GENERAL DEVELOPMENT UTILITIES. INC., a Florida corporation, buying an office ut II II South Buyshore Drive, Miami, Florida 33131 hereinafter referred to as the "Utility," and „JEJ. Baker.. Enterprises. Jnc......... . ... . ..... un office ut R.D.. Box ,1843 r . Punta, .Gorda,. ,Florida .3395.1...1843 .................. . :an individual u partnership/a corporation of the State of .... Monlda . .......... . . . . . . . . hereinafter referred to as the "Contractor". WITNESSETH WHEREAS the Utility is undertaking a construction program ("Project") as more specifically described in addenda attached hereto and made a part hereof; and WHEREAS the Utility is contracting the work described in addenda attached hereto and made a part hereof: NOW. THEREFORE, in consideration of the payment to the Contractor of One Dollar (SI.00), receipt of which is hereby acknowledged, and of the mutual promises and agreements herein contained, the parties hereto, intending to he legally hound. agree us follows: I. PERFORMANCE (a) The Contractor agrees, as an independent contractor, to furnish such labor and/or equipment and/or muterials, and/or to perform such services, in connection with the aforesaid Project, as may be specified in any Addendum Work Schedule ("AWS") executed by the partles onin any authorized Utility Work Order issued in connection with this Agreement. Such Ad- dendum Work Schedules and Utility Work Orders are hereinafter sometimes referred to as "supplements'. (b) All work shall be performed by Contractor in a neat and workmanlike manner acceptable to the Utility, shall be in ac- cordance with the detailed plans, drawings and specifications prepared or approved by the Utility and shall conform to tall up- plicable governmental requirements and regulations, Subject to the provisions of Article XIII, the work shall he considered ac- ceptable when it has bgsn inspectedand given final approval. by an authorized representative of the Utility and, where up- plicubte, by the duly ay'ihorized representatives of all governmental bodies and agencies having jurisdiction thereof. The term "work" shall be deemed,to include labor or materials or both, (c) Should any work'be required which is not specified in lhls'Agreement, but which is nevertheless necessary for the proper completion of thejob, such work. shall be performed by Contractor with prior written approval of utility, as fully as if described and delineated herein. (d) The Utility shall have the option to require,the Contractor to furnish a bond or bonds in form and amounts satisfactory to the Utility. In such case the Contractor will be paid additional compensation for the cost of such bond or bonds in amount to be negotiated but in no event to exceed one per cent (I%) of the total contract price. Such bonds shall cover the faithful perfor- munce of this Agreement, the payment of all obligations arising therefrom and the maintenance of the completed improvements for one year from the date of final approval and acceptance (and also where any governmental bodies or agencies require guarantees extending beyond one year, for such extended period) against defective workmanship (and materials, where furnished by Con tractor or his suppliers) and liability for damages resulting therefrom. (e) All plans, drawings, specifications and copies thereof furnished by the Utility shall remain the property of the Utility and shall not be used by the Contractor in connection with any other job. II. PAYMENT (a) The Contractor shall submit to the Utility every month, unless otherwise specified in the AWS, or upon demand a written itemized bill for labor, equipment and services furnished and materials installed during the preceding month, together with a statement that all indebtedness incurred by the Contractor for labor, equipment, materials and services included in such bill has been paid by the Contractor..The Utility shall have the right to require, as a condition precedent to making any payment hereunder, evidence from the Contractor, in form satisfactory to the Utility, including releases of materialman's and/or mechanic's liens which may arise from the performance of the work, that any such indebtedness has been paid and that the Con- tractor has met all of his obligations with regard to the withholding and payment of taxes, Social Security payments, Unemploy- ment Compensation contributions and similar payroll deductions from the wages of employees, (b) The Utility shall pay such bill in accordance with the rates, prices or sums set forth in the various Supplements hereto, within thirty days after approval of same by the Utility, unless otherwise specified in the AWS. The Contractor must bill the Utility for extra work, over and above that for which payment is specified herein, within thirty (30) days after the completion of such work, otherwise he stwll be deemed to have waived his right to payment for same. (c) Notwithstanding the foregoing, it is agreed that any payment by the Utility of any sums hereunder shut) not be deemed to constitute approval or acceptance of the labor, equipment, materials or services furnished hereunder. (d) Notwithstanding the waiver of mechanic's claims or liens hereinafter referred to, the Utility shall have the right, prior to making final payment or payments hereunder, to require the Contractor to deliver to the Utility a general release of liens, in form satisfactory to the Utility, covering all items or labor, equipment, materials and services furnished. (e) Anything herein contained to the contrary notwithstanding, the Utility reserves the right to make any paymts directly en to laborers, muteriulmen, subcontractors, sub -subcontractors, or any subcontractors or sub -subcontractor or on account of work performed or materials furnished under this Agreement yments are mode in good faith and If such pas of them. fo: any en upon reasonable evidence of their validity, the Utility shall have no liability in coherewith and shall deduct such pay- ment from any balance owed to the Contractor. nnection ! III. INSURANCE (a) The Contractor shall secure and maintain in effect at all times, ut his expense, insurance of the following kinds and limits to cover all locations of the Contractor's operations in connection with work for the Utility. I. COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE The Contractor shall maintain during the life of this Agreement the statutory Workmen's Compensation Insurance as well as Employer's Liability Insurance in an amount not less than SI00,000 for each occurrence, for all of his employees to be engaged in work on the Project under this Agreement and, in case any such work is sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation and Employer's Liability Insurance for all of the tat- ter's employees to be engaged in such work. Where work under this Agreement includes any water or navigational ex- posure, coverage shall be included to cover the Federal Longshoremen's and Hurborworker's Act and the Federal Jones Act, ?.GI:NF'RAL LIABILITY INSURANC E The Contractor shall maintain during the life or this Agreement such general liubilitr, completed operations. products liability, and automobile liability insurance as will provide coverage for claims ('or damage+ for persomil injure. including accidental death, a.s well as for claims lir property damage, which mar arise dirceth or indirectly from performance of the work under this Agreement. The general liability policy should also xpecilicollc insure the contractual liability assumed by the Contractor under Article IV, Indemnification, during, the work on the Project and for one year following final acceptance of the Project. Coverage for properly damage shall he on a "broad form" basis with no exclusions for "XC & U". Amount of insurance to he provided shall be not less than S300,(H)0 combined .single limit fur bodily injury. lass of life, and for property damage, plus umbrella coverage following form in the amount orS1.000.000 excess linhility for the general liability and automobile liability insurance in an amount not less than 51.000.000 per occurrence. In the event tiny work under this Agreement is performed by a subcontractor, the Contractor shall he responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. The Utility, General Development Corporation and their officers, agents, and employees shall be named us additional insureds on the Contractor's and any sub-contractor's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 3. BUILDERS RISK ALL RISK INSURANCE The Contractor shall secure and maintain during the life of this Agreement, Builders Risk All Risk Insurance coverage and/or Installation Flouter Insurance coverage, if applicable, in un amount equal to the contract amount including struc- tures, equipment, electrical, and mechanical systems. Such insurance shall not exclude coverage for fire, hood, explo- sions, collapse, or loss due to the results of faulty workmanship, and shall provide for losses to be paid to the Contractor and the Utility us their interests may appear. Such insurance shall not exclude coverage for pollution, earth movement, or sinkholes. (b) Contractor shall furnish Utility with duly executed certificates showing that such insurance is in full force and effect and providing for thirty (30) days notice to Utility prior to cancellation or termination of any policy. (c) If the Contractor fails to secure and maintain the required insurance, the Utility shall have the right (without any obliga- tion to do so, however,) to secure same in the name of and for the account of the Contractor, in which event the Contractor shall pay the cost thereof and shall furnish, upon demand, all information that may be required in connection therewith. The Utility shall have the right to deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement and any addendum. IV, INDEMNIFICATION (a) The Contractor shall promptly notify the Utility of all damage to property of the Utility or others, and of injuries sustained by any persons, including employees of the Contractor, in any manner relating directly or indirectly to the Project or the work within the scope of this Agreement. (b) The Contractor shall, with a limit of SI million per accident or incident, defend, indemnify and save the Utility harmless from and against any and all loss, damage, claims, actions, liability and expense in contruct or in tort, including but not limited to actions contemplating the Utility's own negligence, in connection with the loss of life, bodily injury and/or property damage occurring on or about or arising out of those areas of the Project occupied by the Contractor or under his control or wherever arising if occasioned, wholly or in part, by any act or omission of, or any defect in workmanship or material furnished by the Contractor, his sub-contractors, sub-subcontractors or any sub-contractors, or sub-subcontractors of any of them, or by his or their agents, servants, employees or materialmen, whether the same shall arise during the progress of the work or at any time subsequent to the completion of the work. V. COMPLIANCE WITH GOVERNMENTAL REGULATIONS (a) The Contractor shall keep, observe and perform all requirements of applicable local, State and Federal laws including all governmental surety statutes, ordinances, rules and regulations, and Federal OSHA standards. The Contractor shall indemnify and save the Utility harmless from any and all claims, liability or expense arising by reason of any violation, non-compliance or improper compliance by the Contractor, his agents or employees. (b) If the Contractor fails to notify the Utility in writing within two (2) business days of receipt of any notice, order, request to comply or report of violation made by any local, State or Federal governmental body or agency with respect to terms, wages, hours, conditions of employment, safety requirements, or other requirements applicable to the work, or fails to comply with any requirements of such agency within five (5) business days, the Utility may terminate this Agreement, such termination to be ef- fective immediately. Vl. LIENS AND CLAIMS (a) The Contractor shall promptly and properly pay for all labor employed, materials purchased and equipment hired by him in connection with the work: shall keep the Utility's properly and General Development Corporation's property free from any materialman's lir mechanic's liens and claims or notices in respect thereto arising by reason of the Contractor's work: shall hold Lill payments received hereunder as trust funds to be first applied to the payment of any such liens or claims: and shall discharge the same within three (3) business days after such lien or notice is filed. In the event that the Contractor does not pay or satisfy such claim or lien within Pree (3) business days after the filing of notice thereof, the Utility, in addition to any and all other remedies, may forthwith terminate this Agreement, effective immediately. (b) The Contractor for himself, his subcontractors and all parties acting through or under him, covenants and agrees that no mechanic's or materiulman's claims or liens shall be riled or maintained by any such person, firm or corporation against the Utility's property, for or on account orany work done or labor, equipment, materials and services furnished by such person, firm or corporation by reason of this Agreement. The Contractor hereby expressly waives and relinquishes the right to have, rile or maintain any mechanic's or materialman's lien or claim against the Utility's property and against General Development Cor- poration's property. (c) In the event that the Contractor fails to pay and discharge when due, any bills or obligations of any kind or nature what- soever incurred by the said Contractor by reason of or in fulfillment of this Agreement, whether or not a lien or notice of lien has been or may be filed with respect thereto, which bills or obligations in the opinion of the Utility are proper, the Utility, at its op- tion but without being obligated to do so, may pay all or any part of such bills or obligations. The Utility may deduct the amount of such bills as well as any expenses incurred in the payment or the same, including interest, court costs and attorneys' fees, from any sums due or to become due to the Contractor. The Contractor hereby expressly waives any right of redress or recovery against the Utility by reason of any act or omission of the Utility while acting as such agent and attorney-in-fact of the Contractor. VII, TIME OFTHE ESSENCE Time is of the essence in the performance of the work referred to in this Agreement, inasmuch as failure orthe Contractor to commence and complete its work as and when required by the Utility may cause grave injury and damage to the Utility by virtue of increased costs for construction financing, loss of interest on invested funds,loss of sales and good will. delayed receipt of in- come from residential and/or commercial sales with parties that Utility is committed to provide service, extension of overhead costs and otherwise. Accordingly, the Contractor shall be prepared to commence work within seven (7) business days after receipt of notice from the Utility to do so and will thereafter actually commence same when and as required to do so by the Utility. Such notice shall be given us the Project reaches the stage of construction, in accordance with the plans and speciftcu- liens, where the Contractor's services are to be used, or at such earlier dates as set forth in :my supplement hereto. Unless the work is commenced on time by Contractor, as herein provided, the Utility shall have the right to terminate this Agreement immediately. The Contractor further agrees to prosecute the work with due diligence and will not in :in manner delay or otherwise interfere with the work orthe Utility or other Contractors. Should the Utili4 Conclude that the Contractor is delaying said work, it shall so notify the Contractor in writing and he shall forthwith, ;It his sole expense. take whatever action is necessary to remedy the delay including, but not limited to, furnishing whatever labor, equipment and material :are required• em- ploving udditionul men, and working overtime if necessary, us required by the Udliit. In ease the Contractor hails to comply with such demand. the Utility shall have the right to furnish materials and equipment and employ addition) lahor, working overtime if necessary, charge the additional expense against the Contractor and deduct the same from naonici duC on this Agreement: or the Utility may, at its sole discretion. terminate this Agreement on three (3) business daps written notice to that etl'eci and let the balance of the work to others on any basis which the Utility may elect. Should the cost for the balance of the work exceed the amount of the bulance due the Contractor. the Contractor hereby covenants and agrees to p:q' as hit lever excess cost has been in- curred by the Utility due to such action, which obligation to pay shall survive any such termination. VIII. COORDINATION OF WORK The Contractor shall familiarize himself with the method of construction and plan his own work in such it way as to ex- pedite construction operations with minimum interference with Utility's normal operations. The Contractor shall set up and maintain u rate of progress subject to the Utility's direction and control for purposes of coordinating the overcall construction progress. The Contractor assumes full responsibility for coordinating his work with that of the other trades. The Contractor shall immediately notify the Utility of any deviations or discrepancies between contract drawings or specifications and work already instulled and, in such case, shall not proceed with his work until he his received instructions from the Utility. IX, MATERIALS AND SAMPLES Prior to delivery of materials, the Contractor upon request, shall submit to the Utility for upprovul or rejection, it sample of each item to he supplied by him, These samples after such approval shull constitute a minimum acceptable standard for the Project, provided they meet all specifications required by this Agreement or any AWS. Materials not in accordance with the accepted sample or the specifications shall not be installed and if such nonconforming materials are installed they shall be removed by the Contractor ut his expense. Replacement will be made by the Contractor at no additional charge. The Contractor, at his own expense, shall furnish such samples of his work, and muke or cause to be made such material tests, or tests of his work performed, as may be required from time to time by the Utility, or governmental bodies that may have jurisdiction or regulatory authority over the work to be performed. X. PROTECTION OF WORK The Contractor agrees to exercise all normal and reasonable precautions to protect his work Lind all property placed under his control or in his custody against loss and/or damage resulting from theft, the elements or otherwise. In the event such damage or loss occurs prior to inspection and ucceptunce of the work by the Utility, the Contractor shall repair or replace same tat his own cost and expense. The Contractor Shull protect his own equipment and materials on the Project and the Utility shall not he responsible for any loss thereof or damage thereto. XL CLEANING When so specified in the AWS, the Contractor, at his own expense and in conformance with any applicable governmental regulations, shall remove from the Project site and dispose of all rubbish, scrap and debris accumulated in connection with his work, and shall deliver the work "broom clean" or its equivalent, unless more exactly specified. XII. ROYALTIES AND PATENTS The Contractor shall pay all royalties and license fees. He shall defend ull suits or cluims for infringement of tiny patent rights ;and shall save the Utility harmless from loss on account thereof, except that the Utility shall be responsible for till such loss when it particular process or product of a particular manufacturer is specified. However, if the Contractor has information that the process or article specified is an infringement of u patent, he shall be responsible for such loss, unless upon receipt thereof, he promptly gives such information to the Utility. XIII. GUARANTEE (u) The Contractor agrees to remedy promptly, at his expense and to the satisfuction of the Utility :and :all governmental bodies and agencies having jurisdiction, all defects in his work (including replucement of defective materials where such materials have been furnished by Contractor or his suppliers) which appear within one year following finul approvul and accep- tance of the work by the Utility and by such governmental bodies and agencies. Where any governmental bodies or agencies re- quire guarantees extending beyond one year, the Contractor's obligations hereunder shall remain in effect for such extended period of time. (b) In addition to the foregoing, and not by way of limitation thereof, the Contractor agrees to repair or replace, to the satisfaction of the Utility and all governmental bodies and agencies having jurisdiction, any of his work and materials, or the work and materials of any others, which are damaged as a result of improper or defective work or materials furnished by him, or which it becomes necessary to remove or damage in the course of the repair and replacement referred to in this Article. (c) If the Contractor fails to commence and to complete the repair and/or replacement of improper Lir defective work, its specified, within a reasonable period of time after notification to do so, the Utility may proceed to arrange to have such work completed or to do so by whatever method it may deem expedient and may charge the cost thereof against any monies due the Contractor. If the unpaid balance of the Agreement price shall exceed the expense of finishing the work, including proper allowance for additional managerial and administrative expenses, such excess shall be paid to the Contractor. If such expense Shull exceed such unpaid balance, the Contractor shall pay the difference to the Utility. XIV. CUSTOM AND USAGE Il is hereby agreed, tiny law. custom or usage to the contrary notwithstanding, that the Utility shall have the right at all times to enforce the conditions and agreements herein contained in strict accordance with the terms hereof, notwithstanding any con- duct or custom on the part of the Utility in refraining from so doing: and further, that the failure of the Utility tit any time or times to strictly enforce its rights hereunder shall not be construed us having created it custom in tiny way or manner contrary to the specific conditions and agreements hereof, or us having in any way modified or waived the surae. XV.SUCCESSORS This Agreement shull inure to the benefit of and be binding upon the heirs, executors, adminkiruors, successors Land assigns of the parties hereto, except as expressly limited herein. XVI. EVENTS OF DEFAULT AND REMEDIES The occurrence of uny of the following, or a violution by the Contractor of tiny other provision of this Agreement, as herein provided, shall constitute an event of default hereunder: the filing ora petition by or against the Contractor for adjudication as it bankrupt or insolvent, or for reorganization or for the appointment ora receiver or trustee of Contractor's property: an assign- ment by Contractor for the benefit of creditors: or the taking of possession of the properly of Contractor by any governmental officer or agency pursuant to statutory authority for the dissolution or liquidation of Contractor's husiness. Upon the oc- currencc or uny of the foregoing, or if Contractor shall fail to discharge and perform his ohligttions under this Agreement, the Utility without prejudice to any other right or remedy ufforded by law, equity or this Agreement. and after giving the Contractor five (S) business days notice (unless a lesser notice is specifically provided herein), may rescind this Agreement ;and take posscs- sion of the premises and of all materiuls, tools and equipment thereon and finish the work by whatever method it may deem ex- pedient. In such case, the Contractor shall not be entitled to receive'any further payment until the work is finished. If the unpaid balance of the Agreement price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative expenses, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance. the Contractor shall pay the difference to the Utility. If it should become necessary for the Utilitv to resort to legal action against the Contractor under the terms of this Agreement, the Contractor agrees to defray all egal expenses in connection therewith. XVII. SUBCONTRACTORS AND EMPLOYERS Contractor shall neither assign this Agreement nor employ subcontractors for the execution or any part or all thereof without the express written approval of the Utility. The Contractor agree% that he will he responsible ror acts and omissions of his subcontractors, sub -subcontractors, and their employees to the extent that he is responsible for acts and omissions of persons directly employed by him, The Contractor agrees to bind every subcontractor and sub-Subconiractor.:nd every subcontractor and sub -subcontractor agrees to be bound by the terms of this Agreement so far as same is applicable to his work. Nothing con- tained herein, or in any statute or governmental regulation, shull obligate the utility to pity or see to the payment of tiny monies to tiny subcontractor, sub -subcontractor or maleriulman, or to p iy or insure the withholding or paynient of tuxes, or other payroll deductions required by law to be withheld from witges or employees or the Contractor or any subcontractor or sub. subcontractor. The Contractor shall at all times enforce strict discipline and good order among his employees and not employ tiny person unfit for or not skilled in the work assigned to him. Subject to the foregoing and subject to the Utility's right to preserve good relations with the public and to require the discharge of any employee causing it breach of peace or other distur- bance of said relations, the utility shall not in any way interfere with the Contractors right to hire and fare his employees, assign duties to them, and fax their working hours, wages or terms and conditions of employment. XVIII. TERMINATION (u) Anything to the contrary herein notwithstanding, the Utility, in its sole discretion, may terminate this Agreement to any time by giving tit least ten (10) business days' prior written notice orsuch termination to the Contractor. (b) Upon any termination of this Agreement, and subject to all'of the terms and provisions herein contained, the Contractor shall be entitled to payment at the Agreement price for all accepted work furnished and installed by him. However, the Utility may retain from any monies due the Contractor, an amount sufficient to cover the Contractor's obligations under Article VI and Article XII I hereof. Upon the expiration of such obligations, the balance orsuch amount, if any, shall he paid to the Contractor, (c) The Contractor, upon termination of this Agreement, shall forthwith peaceably and quietly surrender to the Utility :all premises, facilities, machinery and equipment furnished by or belonging to the Utility. XIX. HEADINGS The headings used in this Agreement are for reference only, and shall not be relied upon or used in the interpretation of sante. XX. INTERPRETATION (a) If the Contractor be a partnership or corporation, all words in this Agreement referring to the Contractor shall be read us though written In the plural or in the neuter gender, as the case may be. (b) Unless the AWS provides otherwise, this Agreement and oil or the terms and provisions shall be interpreted and con- strued according to the laws of the State wherein the work to be performed is located. Should tiny clause, paragraph or other part of this Agreement be held or declared to be void or illegal for any reason, by it court having competent jurisdiction, tall other clauses, paragraphs or parts or this Agreement shall nevertheless remain in full rorce and effect. (c) This Agreement between the parties shall be deemed to include this Agteement, tiny AWS pertaining hereto its may be executed by the parties, such Work Orders as may be issued by the Utility during the life of this Agreement, and the plans, drawings and specifications relating to the foregoing. The Utility shall not be bound by any supplement hereto unless it is signed by an executive officer or such other authorized representative whose name appears on a list which will be issued by the Utility ut the Contractor's request and then only to the extent and within the limitations shown thereon. Such list may be amen- ded from time to time by the Utility, in which event notice thereof will be given to the Contractor, if such notice is requested by Contractor. XXI. NOTICE Any notice provided by this Agreement to be served in writing upon either of the parties shall be deemed sufficient if delivered to an authorized representaitive of either of the parties who is authorized by the represented party in writing, or if mailed by registered or certified mail, return receipt, to the Utility, at the following address: General Development Utilities, Inc. I I I I South Bayshore Drive Miami, Florida 3361 and to the Contractor at the following address: J&J Baker Enterprises Inc.' P.O. Box 1843 Punta Gorda, Florida 33951. or to such other address as the parties hereto may designate in writing, Such notice shall be effective three days front the date said notice is deposited in the U.S. mail (registered or certified) unless actually received earlier. XXIL SEVERABILITY if any provision or portion of this Agreement is declared or found by a tribunal of competent jurisdiction to be unenfor- ceable or null and void, such provision shall be deemed stricken and severed from this Agreement and the remaining provisions and portions thereof shali continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized representatives on the date first above written. CONT ems- GEN A V ENT U IT ao .. By:.... By: . .. .... ....... .. .... . ............... ii"}�cmebelp��3agnuagrB i ni name below signature rn ✓.ers«!n!f Title .. Pd,=!�r„�f Date:...!. �/ Tit. f . J• • .'?�?• . Contractor's License M ..0514.-95 • .. , , • . , . • . Federal Tax I.D. y , 59-2424712 GENERAL DEVELOPMENT UTILITIES, INC. (GDU) 1111 SOUTH BAYSHORE DRIVE MIAMI, FLORIDA 33131 930005:60 FORMING PART OF CONTRACT # BETWEEN GENERAL DEVELOPMENT UTILITIES, INC. (GDU) AND J & J BAKER ENTERPRISES, INC, (CONTRACTOR) FOR WORK AT SEBASTIAN HIGHLANDS ADDENDUM # DATE: 8-12-83 PAGE 1 OF 1 DATED:9%93 CATEGORY OF WORK: TRANSPORTATION OF DIGESTED SEWAGE SLUDGE TO AN APPROVED APPLICATION SITE. NOTE: THE STATED PRICE BELOW INCLUDES ALL FEDERAL, STATE AND LOCAL TAXES, DESCRIPTION AND SCOPE OF WORK: 1. Contractor shall provide all labor:, trucks specialized waste handling equipment, and one land application site designated exclusively for the hauling and land applicatiog of GDU''s stabilized sludge for the following price: Liquid hauling with Land Application - $20.00 per thousand Gal. 2. Contractor shall prepare an Agricultural Use Plan to be executed by GDU and the contractor, The Plan shall then be forwarded by the Contractor to the Florida Department of Environmental Regulations (FDER) for approval. 3. The Agricultural Use Plan will cost $500.00 to prepare and GDU agrees to pay the contractor the cost for said Agricultural Use Plan. 4. GDU shall provide sludge analysis as required and in accordance with test parameters established by Local, State, Federal Regulations and with the State of Florida requirements for Domestic Wastewater Residuals, Chapter 17- 640 of the Florida Administrative Code ("FAC 17-640"). GDU agrees to provide additional pollutants tests when and if same are required by Local, State and Federal Regulators. 5. GDU accepts responsibility for providing Contractor with sludge meeting class C stabilization criteria as defined in FAC 17-640. Sludge provided by GDU shall meet the chemical criteria for land application as outlined in FAC 17-640.700(2). 6. In accordance with the provisions of FAC 17-640.300(3), Contractor agrees that upon delivery of sludge in'accordance with Paragraph 3 above, Contractor shall accept and bear all responsibility for proper disposal (i.e land application) of such sludge. Contractor further acknowledges and agrees that it is aware of and shall comply with the requirements for proper disposal as described in the Plant's Operating Permit ( a copy of which is attached hereto and the relevant terms of which are incorporated herein as Exhibit "A". 7. Contractor agrees to provide GDU with AgriTrak TM land application records in accordance with FAC 17-640.700(4)(p) which shall include load ticket manifests for annual updates to the;Plant's Operating Permit. 8. Payment for services shall be on a work in progress basis. Payments to Contractor clue within (45) days of GDU's receipt of an invoice therefor. $114. &J BAKER ENTERPRISES INC. GENERAL DEVELOPMENT UTILITIES INC. PAGE 2 OF 2 9. It is understood that both the .GDU and Contractor are currently under regulation by Federal, State, and Local agencies or regulatory bodies. Both parties agree to abide by any pronouncement, order, regulation, permit, license, restriction, injunction;- moratorium or denial of permission to operate imposed or issued by any of said agencies or bodies or by a court of competent jurisdiction. 10. The Contractor agrees that for the s;eivices contemplated the price quoted in this addendum shall remain firm foi• the life of this addendum, subject only to changes in mutually agreed nationally recognized indices (for example: Consumer Price Index), changes in the' scope of work, changes in land application sites, changes in energy costs and changes in laws, rules, regulations or directives, Any price change or other modification hereunder must be agreed to by Client and Contractor in writing. 11. The term of the Addendum shall be for a period of one (1) year and shall renew automatically for a additional term of one (1) year at the end of the initial term if agreeable to both parties. Notwithstanding the foregoing, either party shall have the right to;terminate this Addendum at any time upon thirty (30) days written notice;.: Charge to W.R.#: r. J &J NTERPRISES INC B_Y_L_ti` TITLE:1T' DATE �93 COPY TO: BUDDY BETSCHART, DIVISION DIRECTOR VERO BEACH E RJ NT UT T BY: TITLE:_ Division Director DATE:, %A? %3 DEPARTMENTAL CORRESPONDENCE TOi Diane FROM Phyllis Sl1BJEM Sludge Contract DAM November 24, 1993 Attached please find a copy of the sludge removal contract with J k J Baker Enterprises, Inc., for your files. Should you have any questions, please give me a call. Attachment ��►tx �, �astrt.� TABLE OF CONTENTS CONTRACT DOCUMENTS CONTRACT FORMS PAGES Invitation to Bid INV Addendum as Required AD Instructions to Bidders IB General Conditions GC Supplemental General Conditions SGC Sworn Statement SS Certification of Non-Segreated Facilities CNF Equal Opportunity Report Statement EO Drug -Free Compliance Form DF Bid Proposal BP Questionnaire Q Bid Bond BB Form of Agreement FA Opinion of Attorney OA Affidavit AF Final Payment Request by Contractor FP -C Technical Specifications TS Drawings DW INVITATION TO BID CITY OF VERO BEACH, FLORIDA BID 93-38 Sealed bids will be received by the City Purchasing Agent, 3455 Airport West Drive, Vero Beach, Florida until 2:30 PM Thursday, July 29, 1993 and opened at that time in a meeting to be held in the T & D Conference Room for the following: SLUDGE REMOVAL AND DISPOSAL Bid Documents may be obtained in the office of the City Purchas- ing Agent, 3455 Airport West Drive, phone (407) 567-5151 exten- sion 294 or 295 or by mail addressed to P.O. Box 1389, Vero Beach, Florida 32961-1389. All bids shall `be submitted in duplicate on the Bid Proposal forms provided within the specifications. Bids must be sealed and plainly marked -SLUDGE REMOVAL AND DIS- POSAL, BID 93-38' on the outside of the envelope and addressed to the City of Vero Beach, Florida, City Purchasing Agent, P.O. Box 1389, Vero Beach, Florida 32961-1389. All proposals must be accompanied by a sworn statement under Sec- tion 287.133. (3) (a) 'Florida Statutes, on public entity crimes certifying the eligibility of the proposing firm to submit the bid or proposal. The City reserves the right to delay awarding of the contract for a period of sixty (60) days after bid opening, to waive informalities in any bid, or reject any or all bids in whole or in part with or without cause and/or to accept the bid that, in its judgment, will serve the best interest of the City of Vero Beach, Florida. Notwithstanding any clause or statement to the contrary, or in the event of any conflict, inconsistency or need for interpretation concerning any bid or bid -related documents, the provisions of Chapter 3, Vero Beach Code concerning Bidding Procedures and this Invitation to Bid shall control in this order. Issued at Vero Beach, Florida this 13th day of July, 1993. CITY OF VERO BEACH, FLORIDA T. R. NA ON ACTING CITY MANAGER Vero Beach Press Journal July 13, 1993 INDEX INSTRUCTIONS TO BIDDERS Paragraph No. Paragraph Title Page No. 1. GENERAL IB -1 2. DEFINITION OF TERMS IB -1 3. EXAMINATION OF SITE AND CONTRACT DOCUMENTS IB -1 4. INTERPRETATION OF THE APPROXIMATE QUANTITIES IB -2 5. INTERPRETATIONS, INCONSISTENCIES AND ADDENDA IB -2 6. PREPARATION OF BIDS IB -2 7. BID PRICING IB -2 8. SUBMISSION OF BIDS IB -3 9. FAMILIARITY WITH LAWS IB -3 10. REJECTION OF BIDS IB -3 11. WITHDRAWALS AND MODIFICATIONS IB -3 12. CONTRACT AWARD IB -3 13. SUBLETTING OR ASSIGNING OF CONTRACT IB -4 14. PATENT FEES, ROYALTIES AND LICENSES IB -4 15. LIENS IB -4 INSTRUCTIONS TO BIDDERS 1. GENERAL: The following instructions are given for the purpose of guiding Bidders in properly preparing their bids or proposals. These Instructions and the Invitation to Bid shall be binding on all Bidders, and incorporated into and made part of the Contract. 2.DEFINITION OF TERMS: Where the following term's or their pro- nouns occur herein, the intent and meaning shall be as follows: OWNER (City): City of Vero Beach P.O. Box 1389 Vero Beach, Florida 32961-1389 CONTRACT: See Article 1, General Conditions, Page GC -1 ADDENDUM: A modification of the Contract Documents issued in writing by the Engineer prior to the Bid Opening. . BID OPENING: The time and place for the opening of bids, as described in the Invitation to Bid. 3.EXAMINATION OF SITE AND CONTRACT DOCUMENTS: The Bidder is required, before submitting his bid, to visit the site of the proposed work and familiarize himself with the nature and the extent of the work and any surface and subsurface conditions that may in any manner affect the work to be done, and the equipment, materials, and labor required, and the cost thereof. The Bidder is also required to examine carefully any and all Contract Docu- ments. Ignorance on the part of the Bidder will in no way re- lieve him of the obligations and responsibilities assumed under the Contract. No information derived from maps, drawings, speci- fications, or from the City, or his assistants, shall relieve the Contractor from any risk or from fulfilling all terms of the Contract. 4. INTERPRETATION OF THE APPROXIMATE QUANTITIES: The Bidder's attention is called to the fact that any of the quantities of work shown on the Bid Schedule are approximate only and not guaranteed. For each unit of work contained in the Bid Schedule, the City has the right to require greater or fewer units of work to be performed than the quantities listed. 5.INTERPRETATIONS, INCONSISTENCIES AND ADDENDA: The Bidder must request interpretations or clarifications regarding the Contract Documents and any Specifications received prior to Bid Opening, in writing from the Purchasing Agent. To be considered, such request must be received at least four (4) days prior to Bid Opening. The Purchasing Agent will notify all prospective bid- ders of any and all interpretations and supplemental instruc- tions. These notices shall be in the form of written addenda, which will be sent by certified mail with return receipt request- ed to all prospective Bidders (at the address furnished by the IB -1 Bidder) not later than three (3) days prior to the date fixed for the opening of bids. The failure of any Bidder to receive any such addenda shall not relieve the Bidder from the obligation to comply with the terms of the addenda in addition to all other Contract Documents, should the Bidder submit a Bid and become the Contract Awardee. All addenda so issued shall become a part of the Contract Documents. The City shall not be bound by any oral interpretations or clarifications. 6.PREPARATION OF BIDS: All bids shall include the Bid Proposal and such other forms and statements, such as the Questionnaire, Bid Bond, and Sworn Statement, as are herein provided or other- wise required. The Bid Schedule must have all blank spaces filled in with a price for each lump sum item and for every item for which a•quantity is given. All bids must be typed or in ink and submitted in duplicate. One bid from any individual, partnership, or corporation, under the same or different names, will be considered. Should it appear to the City that any individual, partnership, or corpora- tion has an interest in more than one bid for the work contem- plated, the City shall reject all bids in which such individual, partnership, or corporation has such interest. 7.BID PRICING: The bid price shall include all materials, equip- ment, tools, including applicable taxes, necessary or proper for the completion of the'work except as may be otherwise expressly provided for in the Contract Documents. The unit prices shall be construed as including all of Contractor's direct and indirect costs of doing the work required, including such costs as insur- ance, obtaining required permits, testing, etc., unless otherwise expressly provided in the Contract Documents. The Contractor shall familiarize himself with the requirements of the State of Florida pertaining to the exemption from State Sales Tax as it may apply to the City. -y The City may consider bids as nonresponsive if they contain serious omission, unauthorized alterations of form, unauthorized alternate bids, incomplete or unbalanced bid pricing (including via escalator clauses), or irregularities of any kind. 8.SUBMISSION OF BIDS: If bids are submitted in advance of the time of opening, as set forth in the "Invitation to Bid", then they must be received enclosed in a sealed envelope plainly marked on the outside "SLUDGE REMOVAL AND DISPOSAL" and the date of Bid Opening in the Invitation to Bid or Addendum. Bidders may bring bids for submission to Bid Opening in which case the person submitting the bid must be present at Bid Opening and submit the bid, sealed and marked per above. 9.FAMILIARITY WITH LAWS: The Bidder is assumed to be familiar with all federal, state and local laws and regulations that may affect the work. The Contract Documents may describe some of IB -2 these laws and regulations; however, the Bidder is responsible for knowing and complying with any and all such laws and regula- tions. Ignorance on the part of the Bidder will in no way re- lieve him from the responsibility of compliance therewith. 10.REJECTION OF BIDS: The City reserves the right to reject any bid, if the evidence submitted by the Bidder, or if the investi- gation of such Bidder, fails to satisfy the City that such Bidder is properly qualified to carry out the obligations and to com- plete the work contemplated therein. Any or all Proposals will be rejected, if there is reason to believe that collusion exists among the Bidders. Proposals will be considered irregular and may be rejected, if they show serious omissions, alterations in form, additions not called for, conditions or irregularities of any kind. The City reserves the right to reject any or all Proposals and to waive such technical errors as may be deemed best for the interest of the City. ll.WITHDRAWALS AND MODIFICATIONS: Any Bidder may, without preju- dice to himsel-f—,witbdraw or modify his Proposal at any time prior to Bid Opening, by physically delivering written notice of withdrawal or the written modification in writing to the City Purchasing Agent. All written requests for withdrawal and writ- ten modifications must be signed by a person duly authorized to make such withdrawal or modification; and, in case signed by a deputy or subordinate, the principal's proper written authority to such deputy or subordinate must accompany the request for withdrawal or modification. 12.CONTRACT AWARD: The Contract Awardee, if any, shall execute the Contract, furnish good and sufficient bonds as herein re- quired, and provide a certificate of insurance as herein re- quired, within ten (10) days after receiving the Contract for execution. If the Contract Awardee fails to execute the Contract or furnish the bonds within such time, the City may annul the award and award the Contract to another Bidder, or take any other actions as authorized under Section 3.04 of the Vero Beach Code, including the award of the Contract to another Bidder. The new Contract Awardee, if any, shall fulfill every stipulation em- braced herein as if he were the original party to whom award was made. If the Contract Awardee is a corporation, it shall furnish certificates as to its corporate existence and evidence that the officer signing the contract is authorized to do so on behalf of the corporation, prior to the City's execution of the Contract. 13.SUBLETTING OR ASSIGNING OF'CONTRACT: The Contractor shall not sublet, sell, transfer, assign, or otherwise dispose of the contract or any portion thereof or the work provided for therein or of any part or all of his right, title or interest therein without the express written consent of the City. Any such at- tempt without the express written consent of the City shall be void ab initio and shall allow the City, at its option, to void IB -3 the Contract. 14.PATENT FEES, ROYALTIES AND LICENSES: If the Contractor re- quires or desires to use any design, trademark, material or process covered by letters of patent or copyright, the Contractor and his Surety shall indemnify and save harmless the City from any and all claims for infringement by reason of the use of any such patented designs, trademark, mentioned or processed in connection with the work agreed to be performed under the Con- tract and shall indemnify the City from any costs, expense or damage which he may be obliged to pay by reason of any infringe- ment at any time during the prosecution of, or after completion of, the work. 15. LIENS: Because the work called for under the Contract is "public work" under Chapter 255, Florida Statutes, the Contractor shall insert the following paragraph in all subcontracts hereun- der: "Notice: Claims for labor, materials and sup- plies cannot be asserted against the City of Vero Beach and are subject to proper prior notice to (Contractor's Name) and to (Contractor's Surety Company Name), Surety, pursuant to Chapter 255 of Florida Statutes. This paragraph shall be in- serted in every sub -contract hereunder." IB -4 INDEX GENERAL CONDITIONS Paragraph No. Paragraph Title Page No. 1. DEFINITION OF TERMS GC -1 2. CONTROL, SUPERVISION, AND INSPECTION OF THE WORK GC -2 3. SUPERINTENDENTS GC -3 4. SUBCONTRACTORS GC -3 5. EMPLOYEES GC -3 6. CHANGES IN SCOPE OF WORK; EXTRA WORK GC -4 7. PAYMENT FOR EXTRA WORK GC -4 S. OMITTED WORK GC -5 9. TERMINATION OF CONTRACT GC -5 10. SAFETY; MAINTAINING THE SITE GC -7 11. CLEAN UP OF SITE GC -7 12. ROYALTIES AND PATENTS GC -7 13. INDEMNIFICATION GC -8 14. INSURANCE GC -8 15. INTERPRETATION OF SPECIFICATIONS GC -8 16. DISPUTED WORK GC -8 17. NO WAIVER OF LEGAL RIGHTS GC -9 18. TOOLS AND EQUIPMENT GC -10 19. TESTING GC -10 20. PERMITS AND LICENSES GC -11 21. MISCELLANEOUS GC -11 GE14ERAL CONDITIONS 1. DEFINITION OF TERMS: Where the following terms, or their pronouns, occur herein or in any of the Contract Documents, they shall have the following meanings: A. Contract - The written agreement between the City and the Contractor covering the work to be performed, including all Contract Documents. B. Contract Documents - All forms and documents comprising the Contract, including Invitation to Bid, Addendum as Required, Instructions to Bidders, General Conditions, Supplementary General Conditions, Sworn Statement, Questionnaire, Drug -Free Workplace Compliance Form, Bid Proposal, Form of Agreement, Opinion of Attorney, Technical Specifications, and Change Orders. C. Contractor - The individual, partnership, or corpora- tion who, by executing the Contract, agrees to perform the work described therein. D. Drawings - The drawings and reproductions thereof, pre- pared by the City, describing the locations, character, dimensions and details of the work to be done under this Contract, including record and supplemental Draw- ings, and in addition, all Drawings submitted by the Contractor and approved by the City. E. Specifications - All of the technical requiremehts and standards of performance applying to the work as here- inafter detailed, designated by reference (e.g., on Drawings), or which may be stated in an Addendum. F. Change Order - A written order issued by the Project Manager to the Contractor directing certain changes, additions, or reduction in the work. G. Notice to Proceed - A notice issued by the City to the designating the Commencement Date, the Time of Comple tion, and the Completion Date. H. Work - Everything expressly or implied required to be done by the Contractor under this Contract, including furnishing and installing materials, as well as any extra work properly authorized by the City. I. Extra Work - work not included as a unit of work de- scribed in the Bid Schedule and not reasonably related to or incidental to'such work. GC -1 J. Site - The area upon or in which the Contractor is to perform the work and such other areas adjacent thereto as -may be designated as such by the City. K. Subcontractor - Any individual, partnership, or corpo ration other than the Contractor's employees, who contracts with the Contractor to furnish, or actually furnishes, labor, materials, or equipment, or any combination thereof, in connection with the work per- formed under the Contract. L. Commencement Date - The date on which the Contractor may start the Work, as described in the Notice to Proceed. M. Completion Date - The date on which all Contract work, other than guarantee and maintenance work is required to be completed. N. Time of Completion - The total number of calendar days from and including Commencement Date through the Com- pletion Date. 2. CONTROL, SUPERVISION, AND INSPECTION OF THE WORK: A. The City shall have full control and direction of the work in all respects. The City shall furnish all Drawings and Specifications necessary to carry .out and complete the work, unless otherwise specified herein, and shall have the right to supervise the work as the City deems necessary. B. The City shall at all times have the right to inspect the work and the site. If requested by the City, the Contractor shall uncover any of the work and site. The City shall not have the power to waive the Contractor's obligation to properly perform the work as herein prescribed. C. The'City's right to inspect and supervise shall not relieve the Contractor from his responsibilities and obligations under the Contract. The City nor the City shall not be responsible for the safety of the workmen, the safeguarding of the work, or the proper performance of the Contractor. 3. SUPERINTENDENTS: When the Contractor is not present during the work, any orders given by the City to the Contractor's foremen or superintendents shall be strictly obeyed and shall be treated in all respects as if given to the Con- tractor. Furthermore, the Contractor shall provide the City an emergency phone number to allow contact with him or his representative at times when he is not on the site. GC -2 9. •SUBCONTRACTORS: A. The Contractor shall not sublet the whole or any part of the work without the written consent and approval of the City. In all cases, the Contractor shall give his personal attention to the work, the subcontractors being considered as foremen employed by the Contractor and liable to be discharged by the City for neglect of duty or incompetency or misconduct. B. After acceptance of any subcontractor by the City, the Contractor shall not replace the subcontractor with a new subcontractor without the written approval of the City. 5. EMPLOYEES: None but skilled foremen and workmen shall be employed on work requiring special qualifications. Any person employed on the work who fails, refuses, or neglects to obey the instructions of the City in anything relating to this work, or who appears to the City to be disorderly, insubordinate, unfaithful, or incompetent, shall upon the order of the City, be at once discharged and not again employed on any part of the work. Any interference with, or abusive or threatening conduct toward any City employee by the Contractor or his employees or agents, shall be authori- ty for the City to annul the Contract and relet the work. 6. CHANGES IN SCOPE OF WORK; EXTRA WORK: While the City has tried to anticipate all work required under and during the term of this Contract, the parties understand and agree that the work required herein may require, the performance of extra work or the omission of work previously required. The City may, at any time, require changes in. the scope of work under this Contract, as the City may find necessary or desirable. Such changes may include the omission of work previously required. A. The City shall notify Contractor of the change in scope via a Change Order, which shall become a part of the Contract Documents. If a Change Order directs Contrac- tor to omit work, the Contractor shall refrain from performing it. B. The Contractor shall perform extra work only pursuant to the issuance by the City of a Change Order. Records of any extra work performed by Contractor shall be reviewed at the end of each day by the Contractor and the City, duplicate copies of accepted records made and signed by both Contractor or his representative and the City, and one copy retained by each. C. Payment for extra work performed shall be calculated as described in General Conditions Article 7, so long as the Contractor submits a claim of payment upon certified statement supported by receipted bills. Such state- ments shall be submitted simultaneously with any mate - GC -3 rials submitted for progress payments as described in the Form of Agreement, for the preceding month's extra work. 7. PAYMENT FOR EXTRA WORK: If the City issues a Change Order for the performance of extra work as described in General Conditions Article 6, payment shall be based upon any mutu- ally agreed upon lump sum or, if the parties cannot mutually agree upon sum, then by the following method, designed to provide Contractor his direct costs plus a ten percent (10%) profit: A. The Contractor shall receive an amount for labor cost, based on the current local hourly wage rate, as agreed upon by Contractor and the City prior to starting such work, for all labor and foremen in direct charge of the authorized operations. (1) The Contractor shall receive said amount for Contractor's or any subcontractor's labor and foremen. (2) The Contractor shall provide documentation satis- factory to the City as to the hours actually worked. B. The Contractor shall receive an amount equal to fifteen percent (15%) of the total labor cost, as computed in Sub -Article (A) above, for costs of general supervision and the furnishing and use of small tools and miscella- neous equipment, such as picks, shovels, hand pumps, and similar items. C. The Contractor shall receive an amount equal to the actual cost of materials delivered, except for any materials furnished by the City. Contractor shall document such costs to the City's reasonable satisfac- tion. D. The Contractor shall receive an amount equal to the rental price paid by Contractor, for any rented special equipment and machinery used by Contractor or any subcontractor, such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, as was required for the economical performance of the authorized work. E. The Contractor shall receive a profit percentage of ten percent (10%) of the sum of Sub -Articles (A) through (E) of this Article. F. The Contractor's total reimbursement shall be the sum of Sub -Articles A through E of this Article. GC -4 8,. .OMITTED WORK: The,City may, at any time by a written order requires the omission of such Contract work as the City may•find necessary or desirable. All work so ordered must be omitted by the Contractor. The amount by which the Contract price shall be reduced shall be determined as follows: A. By such applicable unit prices, if any, as are set forth in the Contract; or B. If there are no applicable unit prices, then by an appropriate lump sum price, if any, set forth in the Contract; or C. If there be no such lump sum price, then by the rea- sonable and fair estimated cost of such omitted work as determined by the City. 9. TERMINATION OF CONTRACT: A. The occurrence of any of the following shall constitute a default by Contractor and shall provide the City with a right to terminate this Contract in accordance with this Article, in addition to the right to pursue any other remedies which the City may have under this Contract or under law: (1) if in the City's opinion Contractor is improperly performing work or violating any provi- sion(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 City pursuant to an inspection; (3) if in the City's opinion Contractor's work is being unnecessarily delayed and will not be fin- ished 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. The City 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 GC -5 reasonable satisfaction of the City. C. If -the Contractor fails to correct or cure within the time provided in the preceding Sub -Article B, the City may terminate this Contract by notifying Contractor in -- writing. Upon receiving such notification, Contractor shall immediately cease all work hereunder and shall -1 forfeit any further right to the work. D. The Contractor, and where applicable, Contractor's (1 sureties, shall be liable for: (1) any new cost incurred by the City in solicit- ing bids for and letting a new contract; (2) the difference between the cost of completing the new contract and the cost of completing this Contract; and (3) Any court costs and attorney's fees associat- ed with any lawsuit undertaken by the City to enforce its rights herein. 10. SAFETY; MAINTAINING THE SITE: The Contractor shall maintain safety at all times in cooper- ation with the City. The Contractor shall be responsible for any damage to existing utilities, property, or -persons arising out of Contractor's work at the work site: The Contractor shall' take precautions as are necessary- to pro- tect the public, the City and its employees, and Contrac- tor's employees from hazards associated with Contractor's use and occupancy of the work site, in cooperation with the City. 11. ROYALTIES AND PATENTS: All fees, royalties, and claims for any invention, or pretended invention, or patent of any articles, material, arrangement, appliance, or method that may be used upon or in any manner be connected with this work are hereby included in the prices stipulated in this Contract for said work. 12. INDEMNIFICATION: The Contractor shall assume full respon- sibility and shall hold harmless and fully indemnify the City, the City's employees and agents, from all claims, damages, losses, and expenses (including attorneys' fees) that may arise as a result of performance of the work, including any claims relating to loss or destruction of or damage to property, claims relating to bodily injury or death, and claims relating to infringement of patent right or copyright held by others; and shall defend any suit brought against the City, the City's employees, and the City's agents of such claims. GC -6 13. •INSURANCE: Before starting the work and until final acceptance of the work by the City, the Contractor shall procure and maintain insurance of the types and to the limits specified in Article 1 of the Supplementary General Conditions. Further, the Contractor shall require each of his subcontractors to procure and maintain, until completion of that subcontractor's work, insurance of types and to the limits specified in Article 1 of the Supplementary General Conditions: It shall be the responsibility of the Contrac- tor to ensure that all of his subcontractors comply with all of the insurance requirements contained herein relating to such subcontractors. Certificates of Insurance evidencing the insurance coverage specified herein shall be filed with the City before work is begun. The required Certificates of Insurance not only shall name the types of policies provided, but also shall refer specifically to this Contract and the specific con- tractual provisions thereof which require such insurance, and shall state that such insurance is as required by this Contract. If the initial insurance expires prior to 'the completion of the work, renewal Certificates of Insurance and required copies of policies shall be furnished thirty (3) days prior to the date of their expiration. 14. INTERPRETATION OF SPECIFICATIONS: A. The City shall decide all questions concerning the interpretation of all Contract Documents pertaining to the character, quality, amount and value of any work done under or by reason of this Contract and the City's estimate and decisions shall be final and conclusive. B. The Contractor shall keep one record of all Contract Documents in good order and annotated to show all changes made during this Contract. The Contractor shall make these available to the City and shall deliv- er the record to the City upon completion of the work. 15. DISPUTED WORK: If the Contractor is of the opinion that any work required, necessitated, or ordered is not within the terms and provisions of this Contract, he must promptly notify the City, in writing, of his contentions with respect thereto and request a final determination thereon. If the City determines that the work in question is not extra work, and that the order complained of is proper, the City will direct the Contractor to proceed and the Contractor shall promptly comply. Final determination and decisions in case any question shall arise, shall constitute a condition precedent to the right of the Contractor to receive any money therefore, until the matter in question has been determined. GC -7 16. NO WAIVER OF LEGAL RIGHTS: A. The -City shall not waive any rights hereunder by making any payment of any kind, or accepting any work, unless expressly stated otherwise. No waiver by the City of any right arising by virtue of Contractor's breach shall be held to be a waiver of subsequent breach. B. The City reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet requirements of the Contract. The City further reserves the right should conclusive proof of defective work on the part of the Contractor be discovered, to claim and recover by proc ess of the law such sums as may be sufficient to cor- rect the error or make good the defects in the work. C. Any waiver of any provision of .the Contract Documents shall be specific, shall apply only to the particular item or matter concerned and shall not apply to other similar or dissimilar items or matters. 17. TOOLS & EQUIPMENT: If at any time before the commencement or during t e progress of the work, tools or equipment appear to the City to be insufficient, inefficient or inap- propriate to secure the quality of work required, or the proper rate of progress, the City may order the Contractor to increase their efficiency, to improve character, to augment their number or substitute new tools or equi.pment, as the case may be, and the Contractor shall conform to such order. The failure of the City to demand such increase of efficiency shall not relieve the Contractor of his obliga- tion to secure the quality of work and the rate of progress necessary to complete the work within the time required by the Contract and to the satisfaction of the City. 18. TESTING: The Contractor shall perform, or obtain the per- formance of, any testing required herein. The Contractor shall bear the cost of any testing required under the Con- tract, as well as any retesting required as a result of failures will be at the Contractor's expense. The Contrac- tor's bid prices shall be construed as including the cost of any such testing. 19. PERMITS AND LICENSES: The Contractor mits required for the work specified having jurisdiction over the work. comply with all applicable codes and call for and obtain inspections on inspection. GC -8 shall obtain all per - herein from any agency The Contractor shall regulations and shall all items requiring 20, MISCELLANEOUS: A. Whenever any provision of the Contract Documents re- quires the giving of written notice to the Contractor, notice shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by regis- tered or certified mail, postage prepaid, to the last business address known to him who gives the notice. Whenever any provision of the Contract requires the giving of notice to the City, it shall be deemed to have been validly given if delivered in person to the City, unless otherwise specified herein. B. The parties expressly recognize that the relationship between the City and the Contractor is that of inde- pendent contractors, 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 City. C. If any provision of this Contract is found invalid for any reason, the remainder of the Contract shall remain valid. D. If a conflict between the parties regarding this Con- tract results in litigation, venue shall be in Indian River County, Florida. Venue shall not lie in any other jurisdiction. The prevailing party shall be entitled to reimbursement of all court costs, the cost of expert witnesses, costs of depositions, and costs for 'attorney's fees incurred as a result of the default. GC -9 INDEX SUPPLEMENTARY GENERAL CONDITIONS Paragraph No. Paragraph Title 1. INSURANCE 2. DISPUTED WORK 3. MISCELLANEOUS Page No. SGC -1 SGC -4 SGC -4 SUP?'i,EPiENTARY GENERAL COLiUiTIONS 1. INSURANCE: Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum require- ments: A. Workers' Compensation. Coverage to apply for all employees for Statutory Limits in compliance with the applicable state and federal laws. in addition, the policy must include: (1) Employers' Liability with a limit of $100,000 each accident and disease. (2) Notice of Cancellation and/or Restriction - the policy must be endorsed to provide the City with thirty (30) days notice of cancellation and/or restriction. (3) If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. B. Commercial General Liability. Coverage must be afford- ed on a form no more restrictive than the latest edi- tion of the Commercial General Liability Policy, on an occurrence basis, filed by the Insurance Services Office and must include: (1) Minimum limits of $1,000,000 per occurrence com- bined single limit for Bodily Injury Liability and Property Damage Liability. (2) Premises and Operations. (3) Independent Contractors. (4) Products and Completed Operations - Contractors shall maintain in force until at least three years after completion of all services required under the Contract, coverage for products and completed operations, including Broad Form Property Damage. (5) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (6) Additional Named Insured - The City is to be specifically included as an additional named insured (including Products and Completed Opera- tions) for the liability of the City resulting from operations performed by or on behalf of the Contractor in performance of this Contract and for liability of the City for acts or omissions of the City in connection with the general supervision of SGC -1 such operations. Contractor's insurance including' that applicable to the City as an Additional Named Insured. shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not contribute with Contrac- tor's insurance. Contractor's insurance shall contain a severability of interest provision, providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Named Insured in the same manner as if separate policies had been rl issued to each. J (7) Notices of Cancellation and/or Restriction - The Policy must be endorsed to provide the County with thirty (30) days notice of cancellation and/or restriction. C. Business Auto Policy. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Services Office and must include: (1) Minimum Limits of $1,000,000 per occurrence com- bined single limit for Bodily Injury Liability and Property Damage Liability. (2) Owned Vehicles. (3) Hired and Non -Owned Vehicles (4) Notice of Cancellation and/or Restriction - The Policy must be endorsed to provide the City with thirty (30) days notice of cancellation and/or restriction. (5) Additional Named Insured - The City is to be specifically included as an additional named in sured. Contractor's insurance including that applicable to the City as an Additional Named Insured shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not contribute with Contrac- tor's insurance. Contractor's insurance shall contain a severability of interest provision, providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Named Insured in the same manner as if separate policies had been issued to each. D. Builder's Risk - When this Contract includes construc- tion of and/or additions to above ground buildings or structures, Builder's Risk coverage must be provided as follows: SGC -2 (1) Form - All Risk Coverage - Coverage is to be no more restrictive than that afforded by Insurance Services Office forms CP 0020. (2) Amount of Insurance is to be 100% of the completed value of such addition(s), building(s), or structure(s). (3) Waiver of Occupancy Clause or Warranty - Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or repre- sentation that the building(s), addition(s) or structure(s) will not be occupied by the City. (4) Maximum Deductible - $5,000 each claim. Higher deductibles are permitted subject to City approv- al. (5) Additional Named Insured - The City must be in- cluded as an additional named insured. (6) Notice of Cancellation and/or Restriction - The policy must be specifically endorsed to provide the City with thirty (30) days notice of cancella- tion and/or restriction. (7) Flood Insurance - When the buildings or structures are located within an identified special flood hazard -area, flood insurance protecting the inter- est of the Contractor and the City must be afford- ed for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Insurance Program. ME E. Installation Floater - When this Contract includes the installation of machinery and/or equipment into an existing structure, the following insurance coverages must be afforded on that machinery and/or equipment. (1) Form - "All Risk" including installation and transit. (2) Amount of Insurance - 1008 of the "installed re placement cost value." (3) Valuation - 1008 of the "installed replacement cost value." SGC -3 (4) Cessation of Insurance - Coverage is not to cease • n and is to remain in force (subject to cancellation notice) until final acceptance by the City. (5) Maximum Deductible - $5,000 each claim. - (6) Additional Named Insured - The City must be in cluded as an additional named insured. (7) Notice of Cancellation and/or Restriction - The policy must be specifically endorsed to provide the City with thirty (30) days notice of cancella- tion and/or restriction. (8) Flood Insurance - When the machinery or equipment are located within an identified special flood hazard area, flood insurance protecting the inter- est of the Contractor and the City must be afford- ed for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Insurance Program. r - NOTE: IT IS NOT NECESSARY THAT THE CONTRACTOR PROVIDE BOTH A "BUILDER'S RISK" AND "INSTALLATION" FLOATER. IF THE CONTRACT _ INCLUDES CONSTRUCTION OF AND/OR ADDITIONS TO ABOVE -GROUND BUILD- INGS OR STRUCTURES, BUILDER'S RISK, BUT NOT INSTALLATION FLOATER, COVERAGE MUST BE PROVIDED. WHEN THE CONTRACT INCLUDES THE IN- _ STALLATION OF MACHINERY AND/OR EQUIPMENT INTO AN EXISTING STRUC- TURE, BUT DOES NOT CONTEMPLATE CONSTRUCTION OF OR ADDITION TO THE STRUCTURE ITSELF, ONLY THE INSTALLATION FLOATER MUST BE PROVIDED. F. Additional Policies - Any additional risks covered, and their respective amounts, shall be as provided in the Special Provisions of the Contract. 2. DISPUTED WORK: If the Contractor is of the opinion that any work required, necessitated, or ordered is not within the terms and provisions of this Contract, he must promptly notify the Project Manager, in writing, of his contentions with respect thereto and request a final determination — thereon. If the Project Manager determines that the work in question is Contract work and not extra work, or that the order complained of is proper, he will direct the contractor _. to proceed and the Contractor must promptly comply. Final . determination and decisions in case any question shall arise, shall constitute a condition precedent to the right of the Contractor to receive any money therefore, until the matter in question has been determined. 2.5 CONFLICTS: The following principles shall apply in resolv- ing any conflict among or ambiguity in the Contract docu- ments: SGC -4 The Supplemental General Conditions shall have priority over the General Conditions in case of conflict. The Technical specifications shall take precedence over all other contract provisions. 3. MISCELLANEOUS: A. The City reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet require- ments of the Contract. The City further reserves the right should conclusive proof of defective work on the part of the Contractor be discovered after the Final Payment has been made to claim and recover by process of the law such sums as may be sufficient to correct the error or make good the defects in the work. B. The Director of Water & Sewer shall be the City's designer for all matters specified herein. C. The City reserves the right to utilize alternate means of sludge disposal at their discretion. Any expense in excess of the contracted rate incurred by the City as a result of the failure of the Contractor to meet the conditions stated herein shall be borne by the Contrac- tor. SGC -5 SWORN STATEMENT UNDER SECTION 287.133(3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES 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 to City of Vero Beach, Florida (print name of public entity) by _ James R. Baker, President (print individual's name and title) f or J & J BAKER ENTERPRISES, INC. (print name of entity submitting sworn statement) whose business address is P.O. Box 1843, Punta Gorda, FL 33951 and (if applicable) its Federal Employer Identification Number (FEIN) is 59-2424712 (If the entity has no FEIN, including the Social Security Number of the individual signing this sworn statement: ) 2. I understand that a "public entity crime" as defined in Para- graph 287.133(1)(9), 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 entity or with an agency or political subdivision of any other state or of 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 mis- representation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(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. 4. I 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 any natural person who is convicted of a public entity crime. The term "affiliate" SS -1 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 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 36 months shall be considered an affiliate. 5. 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. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies:) X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, sharehold- ers, employees, members, or agents who are active in the manage- ment of the entity, nor any affiliate of the entity has 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 its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has 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 its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Adminis- trative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convict- ed vendor list. (Attach a copy of the final order.) SS -2 I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDER- STAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFOR- MATION CONTAINED IN THIS FORM. /% O (Signature) 26, 1993 (Date STATE OF FLORIDA COUNTY OF CHARLOTTE PERSONALLY APPEARED BEFORE ME, the undersigned authority James R. Baker who, after first being sworn by me, (Name of individual signing) affixed his/MT signature in the space provided above on this 26th day of July , 19 93. My commission expires: DONNA L. HAGAN 2t fin': ?.. MY COMMISSION p CC 216126 EXPIRES •,•. ` A-4ust 13.1996 60NDED THIN 1P.7f FAIN INSURANCE, INC. Form PUR 7068 (Rev. 04/10/91) SS -3 NOTARY PLIC DRUG-FREE WORKPLACE COMPLIANCE FORM IDENTICAL TIE BIDS Preference shall be given to business with drug-free workplace programs Whenever two or more bids which are equal with respect to price, quality and service are received by the State or by any political subdivision fo the procurement of commodities or contractual services, a bid received fro a business that certifies that it has implemented a drug-free work plac program shall be given preference in the award process. Established proce dures for processing tie bids will be followed if none of the tied vendor have a drug-free workplace program. In order to have a drug-free workplac program, a business shall: 1. Publish a statement notifying employees that the unlawful manu- facture, distribution, dispensing possession, or use of a con trolled substance is prohibited in the workplace and specifyin the actions that will be taken against employees for violation of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplac the business policy of maintaining a drug-free workplace, an available drug counseling, rehabilitation, and employee assist ance programs, and the penalties that may be imposed upon employ ees for drug abuse violations. 3. Give each employee engaged in providing the commodities or con tractual services that are under bid a copy of the statemen specified in Subsection 1. 4. In the statement specified in Subsection 1, notify the employee that, as a condition of working on the commodities or contractua services that are under bid, the employee will abide by the term of the statement and will notify the employer of any con-victio of, or plea of guilty or nolo contendere to, any violation o Chapter 893 or of any controlled substance law of the Unite States or any State, for a violation occurring in the workplac no later than five days after such conviction. 5. Impose a sanction on, or require the satisfactory participatio in a drug abuse assistance or rehabilitation program if such i available in the employer's community, by any employee who is s convicted. 6. Make good faith effort to continue to maintain a drug-free work place through implementation of this section. As the person authorized to sign the statement, I certify that this fir: complies fully with the above requirements. g � � 4az 400e". VENDOR'S SIGNATURE J & J BAKER ENTERPRISEE, INC. -' BID PROPOSAL SLUDGE REMOVAL AND DISPOSAL TO: The City Manager City of Vero Beach Vero Beach, Florida 32961 Gentlemen: The undersigned Bidder has carefully examined the Contract Docu- ments and is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done, and the equipment, materials and labor required. The undersigned agrees to do all the work in accordance with the Contract Documents and according to the standards of quality and performance established by the City, for the unit prices as provided in the attached Bid Schedule, for each of the items or combination of items stipulated. It is understood that certain quantities shown in the Bid Schedule are approximate only, subject to increases and decreases and for the purpose of bid comparisons for determination of low Bidder. It is further understood that payment will be in accordance with actual quanti- ties disposed of as more specifically provided in the Contract Documents. The undersigned further agrees as follows: 1. To do any work, not may be ordered by the City Council, fore such prices Project Manager an graphs 6-7, of the covered by the above Bid Schedule, which the Project Manager upon authorization by and to accept as full compensation there - as may be agreed upon in writing by the d the Contractor in accordance with Para - General Conditions. 2. To begin and complete work as required in the Notice to Pro- ceed. To insert in all Contracts at every tier, the notice stated in Paragraph 15 of the Instructions to Bidders. Dated this 26th day of July , 1993 Respectfully submitted, J & J BAKER ENTERPRISES, INC. Bidder P.O. Box 1843 Address Punta Gorda, FL 33951 City, State and Zip Code By 5Q=2 `C. QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all state- ments and answers herein contained. 1. How many years has your organization been in business as a licensed General Contractor, Sludge Removal and Disposal? 10 Years 2. What is the last project of this nature that you have com- pleted? See Attached List of Contract References 3. Have you ever failed to complete work awarded to you; if so, where and why? No 4. Name three individuals or corporations for which you have performed work of this size and nature to which you refer: See Attached List of Contract References Phone T,= Phone 5. Have you personally inspected the proposed work and have you a complete plan for its performance? Yes - Conducted by Dave Peters, General Manager 6. Will you sublet any part of this work? If so, give details: 7. List all equipment you own that is available for the work? See Attached List of 8. What equipment will you purchase for the proposed work? J & J Baker Enterprises, Inc. currently has all required equipment for job completion. Q-1 9. What equipment will you rent for the proposed work? J & J Baker Enterprises, Inc. currently has all required equipment for job completion. 10. The following is given as a summary of the Financial State- ment of the undersigned: (List Assets and Liabilities and use insert sheet if necessary.) Assets (As of March 31, 1993) $1,957,097 Liabilities $1,362,457 11. State the true, exact, correct, and complete name of the partnership, corporation or trade name under which you do business, and the address of the place of business. (If a corporation, state the name of the President and Secretary. If a partnership, state the name of all partners. If a trade name, state the names of the individuals who do busi- ness under the trade name. If is absolutely necessary that this.information be furnished.) J & J BARER ENTERPRISES, INC. (Correct Name of Bidder) a. The business is a Sole Proprietorship, Partnership or Corporation. b. The address and phone number of principal place of business is P.O. Boa 1843, 28054 Mitchell Avenue, Punta Gorda, FL 33951 C. . The- names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: James R. Baker, President Jacquelynn Baker, Sec/Treas. o gGrn. v K, �1.� o (Bidder) Q-2 lY FORM OF AGREEMENT SLUDGE REMOVAL AND DISPOSAL THIS AGREEMENT made and entered into on the �31'�� day of J'1,j)��//p,heI/' , 1993, by and between _ J & J BAKER ENTERPRISES. INC. Name of Contractor P.O.Box 1843 Address of Contractor Punta Gorda. Florida 33951 City and State hereinafter called the Contractor, and the CITY OF VERO BEACH, a municipal corporation organized and existing under the Laws. of the State of Florida and located in Indian River County, Florida, hereinafter called the City. WITNESSETH: That the Contractor and the City, for the consideration hereinaf- ter named, agree as follows: Article 1.SCOPE OF WORK - The Contractor shall perform all the work as described in the Documents entitled "SLUDGE REMOVAL AND DISPOSAL", for the City of Vero Beach, Florida, and shall do everything required by this Form of Agreement and any other Contract Documents. Article 2.TERM - The term of the Contract shall be for one (1) year beginning //-3-and ending The Contract shall automatically be renewed for an additional one (1) year term upon the expiration of the first term, unless the City provides written notice to the Contractor of an intent to terminate the Contract at least sixty (60) days prior to the expiration of the initial term. Further, the City may cancel this con- tact without any further obligation hereunder during the second term, sixty (60) days after providing writ- ten notice of cancellation to the Contractor. Article 3.PROGRESS PAYMENTS - The City will make progress payments, calculated based on the number of units of work, as described in the Bid Schedule, which the Contractor has completed. The City shall make such progress payments on or about the 10th of each month for the previous month's work, so long as Contractor has submitted a request for payment, providing evidence of the completed work. The Project Manager will certify all requests for progress payments before presenting them to the City Finance Department for payment. FA -1 Article 4.INDEMNIFICATION AND INSURANCE - The Contractor shall indemnify, hold harmless, and procure and main- tain insurance provided in Paragraphs 17 and 18., Gener- al Conditions, and Paragraph 1, Supplementary General Conditions; and to the extent required in said para- graphs, require any and all subcontractors to do the same. Article 5.CONTRACTOR'S REPRESENTATIONS - In order to induce the City to enter into this Contract, Contractor makes the following representations: A. Contractor has familiarized himself with the nature and extent of his obligations under this Contract. Contractor has familiarized himself with the work, locality, and all local conditions and laws and regulations that in any manner may effect his costs, progress, or performance. B. Contractor has carefully studied, or will carefully study, all which are identified or provided in this Contract and accepts or shall accept the accuracy of any technical data con- tained in such permit upon which Contractor is entitled to rely. C. Contractor has obtained and carefully.studied (or assumes responsibility for obtaining and carefully studying) all permits pertaining to the work as Contractor considers necessary for the performance at the Contract Price and in accord- ance with the other terms and conditions of this Contract. D. Contractor has correlated the results of all permits with the terms and conditions of the Contract Documents. E. At the time of entering into the Contract, Contractor has given the Project Manager written notice of all conflicts, errors, and discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by the Project Manager is acceptable to the Contrac- tor. Article 6. CONTRACT UNIT PRICES - The unit prices contained in the Bid Schedule are incorporated herein, with changes as noted, and made a part of this Contract, as follows: FA -2 CITY OF VERO BEACH BID SCHEDULE SLUDGE REMOVAL & DISPOSAL Sludge Removal & disposal in accordance the the Contract Documents * UNIT QTY U/M BID PRICE TOTAL 7900 M $ 13.85 per $ 109,000.00 1,000 * The Unit Bid Price shall be for the removal and disposal per 1, 000 gallons of sludge. BIDDER: J & J BAKER ENTERPRISES, INC. ADDRESS: P•o. Box 1843, Punta Gorda, FL 33951PHONE: 813/629-7046 FA -3 • IN WITNESS WHEREOF, the parties hereto have executed this agreement, the day and year first written above. J & J BAKER ENTERPRISES, INC. Contractor Signed and sealed by the Contractor in the pY�sence f J\ �/ B y : !d i �o /mac Attest: t Seal Signed and sealed by the Owner in the presence of: 0 s Seal CITY OF VER BEACH (Owner) BY: Attest: LL L.a City Clerk By: City�tAanager By: _4L Finar4e Director The foregoing Contract Agreement is in correct form according to law and is hereby approved: < rY Attorney for Contractor. FA -4 a TECUNICAL SPECIFICATIONS Scope of Work Work under this Contract shall include the hauling of wastewater residuals (sludge) from the City of Vero Beach, Wastewater Treat- ment Plant, located at 17 17th Street, Vero Beach, Florida, to disposal sites furnished by the Contractor and approved by the Florida Department of Environmental Regulation (FDER). All equip- ment required to perform this work shall be approved by the FDER and Florida Department of Transportation (FDOT) requirements. Permits and Licenses The Contractor shall obtain and maintain in good standing all necessary local, regional, state and federal permits and licenses required to transport and land apply wastewater residuals. Sites The Contractor shall provide a minimum of two (2) independent and separate sites to receive the City's sludge. All disposal sites shall be documented and approved by the FDER and the United States Environmental Protection Agency (USEPA). The Contractor shall furnish certification of all FDER approved disposal sites used under this Contract. The Contractor shall furnish three (3) complete sets of all documentation and completed forms required by the FDER and USEPA for each site. Legal descriptions of all Sites shall accompany each certification. Three (3) complete sets of site maps shall be provided by the Contractor which are clear- ly marked as to boundaries, fence lines, roads of access, wells, and bodies of water. Offsets for application requirements shall be clearly marked. The Contractor shall provide all necessary data about application sites which may be pertinent to City operations and are required for compliance with the conditions of the City's operating per- mits. Disposal The Contractor shall be responsible for the proper disposal of residuals. The Contractor shall be aware of and comply with all rules and regulations of the FDER and USEPA for the disposal of residuals, as described in FAC 17-640 and 40CFR-503, respective- ly. Further-, the Contractor shall comply with all requirements for proper disposal of residuals as described in the City of Vero Beach Wastewater Treatment Plant operating permits as they now exist or may be amended. These operating permits is avail- able for inspection in the office of Director of Water & Sewer, 17 17th Street, Vero Beach, Florida. 1 Ground water levels shall be checked by the Contractor for each• application site on the day of application as requiredby FAC17- 640. i Upon request, the Contractor shall allow the Project Manager, or 11 his designated representative, to observe the operation of resid- uals application. Quantity J The minimum quantity of residuals to be hauled shall be at the discretion of the Project Manager, or his designated representa- tive. Typical quantities are anticipated to exceed 50,000 gallons per week. On Monday of each week, the Project Manager shall notify the Contractor of the quantity of residuals to be removed during the week. Hauling operations shall be conducted at least twice per week on two (2) consecutive days scheduled by the Project Manager. The - Contractor shall be equipped to haul not less than 280,000 gal- lons during this two (2) day period, as needed by the Treatment Plant. Notification, in the event of this requirement cannot'be ..I met, shall be received by the Project Manager not less than forty-eight (48) hours in advance. - 2 EMERGENCY PURCHASE — DATE REQUIRED 1/12/94 DATE SUBMITTED: 1/6/94 1. Department Utili �qn °ca CITY OF SEBASTIAN 1225 Main Street P P.O. Box 780127 Sebastian, FL 32978-0127 m� R E 0 U I S 1 T 1 O N 2. Individual Requesting Richard Votapka 3. Department Head (approval) 4. Final Approval 5. Disapproved (return to requestor) ROUTING — 6. Work/Job M Funds Available Funds Not -Available Budgeted Not Budgeted (For Finance Office Use Only) 7. Acct. No. 403-536-464 S. Purchase Order No. 9. Stock Item 10. Immediate Use buliut:b ICY VCn1UUH NAME 14oto–Rooter ADDRESS Q,O. Box 3093 CITY,STATE Ft. Pierce Fl Zip 34919 ITEM I DESCRIPTION IQUANTITYI COST I TOTAL The six (6) lift statimps the City acquired from GDU are in urgent need of vacuuming and pressure cleaning of sludge and solids buiddul and grease accumulation. Since Roto Rooter did an excellent job in cleaning out two of the four stations we inherited from Indian River County in October, I would like to utilize their services again. Roto Rooter would perform the cleaning on an hourly basis at a cost not to exceed $2,000 as follows: Vacuum Truck $100/hour Pressure Cleaner $ 75/hour Additional Laborer 15/hour $190/hour 8/hours (max.)— a ttaaa.of $1520 Removal of a max of 6 loads @ 5/tons/load @ 16/ton $480 TOTAL $2000 MM -1 2/79 (Rev. 1/87) Gold (last copy) retained by requestor to Cet Purchase Order CITY OF SEBASTIAN Finance Department Post Office 780127 - Sebastian, Florida 32978-0127 - Tel. (305) 589-5330 F— SHIP TO: Roto -Rooter TO P.O. Box 309:, Ft. Pierce, FI 34948 L— DELIVERY: DATE BFO. NO. TkRMS. SHIP VIA N2- 5 NUMBER MUST APPEAR ON All CORRESPONDENCE, INVOKES SHIPPING PAPERS AND PACKAGES B POINT OUANTITY I PLEASE ENTER OUR ORDER IN ACCORDANCE WITH PRICES, DELIVERY AND SPECIFICATIONS GIVEN I PRICE Pressure Cleaner Additional Laborer Removal of a max of 6 loads @ 5 tons/load WHITE -VENDOR CANARY- FINANCE DEPARTMENT PINK - ISSUER'S COPY GOLDENROD - ATTACH TO STATEMENT 4100/hciur $ 75/Hour $ 15/Hour $190/Hour 8/Hours max. $ 1520 2180 yZuvu. uc By / AFOMcRSTATEMENT - ��� N° Qt�O � (i 11 .� / (/�-�• Mp N°MSFR yU51 ,ryf.V ON Hw Aft Vo- CgffYON°fHCE. MNOKfS ��✓ �� Dank 3093 P.o. t1w Disk°O SEWER STUART 407 -287 -FT. PIERCERO 407 6 -872 FT. PIERCELEANING D DRAIN SER SERVICE FOR F7-464 7 CITY �AN OF SEBASTIAN EECHOBEE 8103 467.2640 P 0 .- DEPARTMENT rund _q L W B -OX 780127 # �� 1 f. roxar LSEaSTIq Acct. re; S�� F ---? L' 32978-0127Ob- : ffKE DACE---------- __� Amt., ZO DESCRIPpONDate: ------------ (/z- 19/94 CHARGE --------- _9.4 Ia:CR - AS PER Ppy OOOIp Eta --- THREE LIF CLEANED T STATIUT HIGHLANDS AREA NS IN SEBA TIAN $2000.00 THANK YOU FOR LE SERVE YOU. TING ROTA_ OO TER ;2000,00 A service char q annum) will 9e of °� Per mo addedin case'ssts e c eoso able a1 orged to l accountsnth )past Ser PAYLAST of suit for colle ti rney fees to be AMOUNTIN • bion. THIS COLUMN Vacuum Truck $100/hour Pressure Cleaner $ 75/hour Additional Laborer 15�r $190/hour 88/-- flours (max.) $1520 Removal of a max of 6 loads @ 5/tons/load @ 16/ton J480 TOTAL $2000 p —PAW1 2179 (Rev. 1/87) Gold (last copy) retalnad by mquestor / Purchase Order CITY OF SEBASTIAN FANJa[C@X1AD(4(9 WPW UTILITIES Post Office 780127 - Sebastian, Florida 32978-0127 - Tel. (305) 589-5330 F SHIP TO: J 8 J Baker Enterprises, Inc. TO PO Box 1843 Punta Gorda, FL 33951-1843 L— DELIVERY: JAYE EEo. NO. TERw' SHw vu N° _1 rHd WO.RER E $T AMEAR ON All CORRESHJHOENCE. IMYOKE5 SHIP= PAPERS AND IKSAGES 3/18/94 1 1 1 1 WANYITY PLEASE ENTER OUR ORDER IN ACCOROANCE WITH PIKES. OEENERY ANDS IFKAYEONS GWEN PIKE Removal of 21,000 gallons of sludge from the digester at the Bailey Drive Wastewater treatment plant @ 20.00/1000 gals WHITE - VENDOR CANARY - FINANCE DEPARTMENT BY — PINK - ISSUER'S COPY GOLDENROD - ATTACH TO STATEMENT N G C.. DATE MERCHANDISE RECEIVED q(ECK.OIIE PARTIAL SN1PrAE�1T — COMPLETE SHIPMENT (�p01T1DN DF MERCHANDISE ACCEPTABLE UNACCEPTABLE — WARTMENT NEAD SIGNATURE PLEASE NETURN TO FINANCE IYHEN COMPLETED --� PEJRCHASE ORDER AMOUNT MM -1 2/79 (Rev. 1/87) Gold (last copy) retained by requastor � 13. 8s IImTo 5`�' Mir $420.00 City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 MEMORANDUM DATE: April 25, 1994 T0: Wastewater Treatment Plant File FROM: Richard B. Votapka, Utilities Director SUBJECT: Sludge Removal for Wastewater Treatment Plant Digester 1. J & J Baker Enterprises, Inc., PO Box 1843, Punta Gorda, FL 33951-1843 is our current sludge hauler for the sludge at the Bailey Drive Wastewater Treatment Plant. The phone numbers are (407) 334-2150 and (813) 629-1046, the FAX number is (813) 575-1685. The contact person is Richard Fox. 2. J & J Baker requires a copy of the sludge analysis from the Wastewater Treatment Plant whenever the City is furnished with a new one from Envirbnmetrics. 3. The sludge is disposed of at Allapattah Ranch at 18150 SW Martin Highway, Indiantown, Florida 34956. This is an approved FDEP location. 4. GDU had a contract for sludge removal which we chose to follow once the City acquired the GDU system in December, 1993. CC: Ron Briskie, Wastewater Treatment Plant Supervisor SHENANDOAH GENERAL CONSTRUCTION 1888 N.W. 21st Street • Pompano Beach, Florida 33069-1306 • (305) 975-0098 A N p �9y Cq N p0 r— I"December 12, 1994 City of Sebastian Utilities 700 Maine Street Sebastian, FL 32958 407-388-5536 Attn: Richard Votapka RE: Quote Pressure cleaning and removal of solids from lift stations at various locations. Combination Jet Vactor Truck $115.00 per hour 1 Way mobilization / 2 1/2 Hours $115.00 per hour Disposal Fee $150.00 per dump 0 December 12, 1994 Clean Water Systems Inc. Mr. Richard B. Votapka Director of Utilities City of Sebastian 700 Main St. Sebastian, FL 32958 SUBJ: Lime Liquid Biosolids Stabilization and Land Application Dear Mr. Votapka: Southern Region 908 Belcher Drive Pelham, AL 35124 205.664.8440 205.664.7678 Fax Local Address: 900 Fox Valley Dr. Suite #210 Longwood, FL 32779 Phone: (407) 682-2272 Fax: (407) 682-2620 We appreciate the opportunity to provide a quote to you and the City for lime stabilization of the City's liquid biosolids to a class "B" stabilization as required by FAC 62-640 and U.S. EPA 40 CFR, Part 503. We would propose to set up a batch treatment system at your plant site based on a ten (10) year lease for $350.00 per month with labor and lime cost to operate the batch mix system at a rate of $39/1,000 gallons. We would also base a quote for a vacuum truck for use of pumping out lift stations, etc. at a rate of $95.00 per hour. The land application site that we would use would be Hales Farm, Inc. owned by Richard Hales, located on S.R. 70 eeeh-Of Okeechobee. los QUoA-0— it 1hsu-,-4 r,j NoA- r.,001t r.4r-. 4�o i C-sd, Z' No per.: y o" J Twck 3� W iY,fv. n at4d,I I.b,,, 4, Nu ,p w u.y a cos �er l a� u e tti l c i V -f --.f i d�tPes..i ♦v Nelu Fay,., Isnd Application • BIO -FIX Alkaline Stabilization A "IM"BRATnR TECHNOIAOUZ COMPANY IPS Composting • Drying and Pelletizing PRINTED ON RECYCLED PAPER Mr. Richard B. Votapka Page Two December 12, 1994 If you have any additional questions or if we can be of further service, please do not hesitate to contact us. Sincerely, WHEELABRATOR CLEAN WATER SYSTEMS INC. BIO GRO DIVISION ton L. Hallman echnical Services Coordinator MLH/dgw 0 Pase Nn \ / ♦L���I.V M� U\ QC.C' a •✓ 512 ouc. CJ\`SIE HIwAY F'LoeiD4 ?29( PROPOSAL SUBMITTED TO PHONE DATE %_j i iL_i I1Lo VIi'LI. i 0i i -ivi i iZ/21/94 STREET JOB NAME. ,i_uf=i'S `I IAN HIGHLANDS CITY, STATE AND ZIP CODE JOB LOCATION & NO. c,r.�-i-•i [,;i•,.=i_ORIDA 32958 TREATMENT PLANT We hereby submit specifications and estimates for: :SLUDGE REMOVAL $ 50.00 A THOUSAND FLORIDA SLUDGE PAY'S DUMPING FEE.(PRICE'S SUBJECT TO CHANGE AS PER INDIAN RIVER COUNTY PRICE CHANGE) 50/1mci CiftlADNs 15.00 A THOUSAND AND CITY OF SEBASTIAN PAY'S DUMPING FEE'S. f IS 1000 C%f\k,L.DaIS 5e6t\STIMV PPY'J D~, eic- FeE We propose hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: dollars Payment to.be adefollo s. i t-� i .as .7 v - tIw :: I.r I u; ., I ' Cru Nn . Authorized,/ \nom\ � �t,t � r� 1 Signature Note: This proposal may be withdrawn by us if not accepted within ------ days ACCEPTANCE: OF PROPOSAL — The above prices, specifications and conditions are satisfactory and are herebv accepted. You are Signature authorized to do the work as specified. Payment will be made as ouHined above. Date of Acceptance: Signature RM Rust Industrial Cleaning Services Inc. A WMX Technologies Company phone 407.851 0040 345 Thorpe Road Fax 407.851.0582 Orlando, Florida 32824 February 20, 1995 Rick Votapka, Proposal No. ORL-VT-042-95 Utilities Director City of Sebastian 700 Main Street Sebastian, FL 32958 RE: CLEANING LIFT STATIONS FOR CITY OF SEBASTIAN SCOPE: Skim grease from top, scrape/pressure wash grease from all surfaces, pump wet well down and remove sand from bottom, when truck fills, decant water back into a lift station, (this usually allows waste from 5 - 7 lift stations on one truck), transport and dispose of material. RATES: Vactor/Rodder with operator Hourly $95.00 Technicians Hourly each $17.50 MOB/DEMOB - Vactor (approx. 200 miles) Per mile $ 1.25 Transport Load Per mile $ 1.25 Disposal Cost plus 20% - Unknown NOTE; This work will require a minimum crew of one operator and one technician plus one city employee to operate the wet well pumps. Thank you for the inquiry! I will put time into finding a disposal site if you have further interest in our service. Sincerely, RUST INDUSTRIAL CLEANING SERVICES, INC. Paul K. Wilson Operations Manager PKW/ez Rimed.,, Wdpope, FEE'S --27-199 - 14: d6 FRH --LfiGRHVES II I!_. FO 14 P. t_Il � ENV/RONMENTAL RflOWNI.SERV/GES 1804 Nashville Street Office: 407-8414321 P.O. Sox 555159 Orlando, Florida 32855 Fax : 407-872-0848 Number of total pages: Date Sent: 02/�7l Time: �S If there are any problems with this transmission, please call: at 407-841-4321 immediately. :F„ I V l4EJ i .�L�L��.f.JL• CONTRACT No" 3576 Seagraves, Ilan. d/b/a BROWNIE ENVIRONMENTAL SERVICES P.O. BOX 555159 ORLANDO, FLORIDA 32855 407-$41.4321 QUOTATION SUBMITTED TO r PHONE OgTE STREET V V JOB NAME (2_M t, CITY, STATE AND ZIP CODE JOB ADDREMLEGAL DESCRIPTION ARCHITECT DALE OF PLANS OWNER/ADDRESS JOB PHONE ........0.................................:.(.................... ...................................... ........... ........................... ..................................... ...)401. lam t./....../'.•r,....�.•�T�.�./.:l.�.G7r'i..... �dh�GI.NI/. r!I l�,.w...... ............. .................................................................................................................................................................. ..%octve,�..U..acr.1.uuo...c�c'✓obi'c.../"�l�ora,...ega4... l:'r7 X. ............................................. .../,LtC.ttG.o>r..UJft�1Gi.,./11.7��G✓Rr.2......:.. 1t0............�...Ir.... /...t—/...dri0-10,4�.....4gr'.r.�r...Fine..PAV.o et...46. 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We PrOPOSC hereby to furnish material and labor • complete in accordance with term on the reverse side, for the sum of: dollars ($ �v11�9) Payment Io be made as follow,: 4L��Q I authorize t1Tis work to be done. i understand this estimate Is preliminary rending Health Department specifications. Prices do not include any electrical wiring or connections. Brownie Environmental Services does not assume m res onsibilityfordamage to driveways, landscaping, sprinkler systems or underground damages. Avlhorfttd� � Signawrc Customer signature BROWNIE ENVIRONMENTAL SERVICES Acceptance of Quotation & Contract -Tire prices and terms are satisfactory and are hereby accepted. I accept the conditions on the reverse. Date of ACCeptaneC Customer Signature Print Name TOTAL P.02