HomeMy WebLinkAbout1994 - Agreement w/ UnitedAGREEMENT
TRIS AGREEMENT, made this lothday ofaull,
199 41 by and between the City of Sebastian, a municipal
Corporation organized and existing under the laws of the State of
Florida (hereinafter called the "City"), and,
United Irrigation , or its successors, executors,
administrators, and assigns (hereinafter called "Contractor"):
W I T N E S S E T R:
The City and Contractor for good and valuable consideration
as hereinafter set forth, do mutually agree as follows:
1. Scope of Work. Contractor agrees to furnish all
materials, labor, supervision, and services necessary to complete
the Work as described in the contract documents (the "Contract
Documents") and agrees to complete the Work in a workmanlike
manner in accordance with all applicable codes and in full
compliance with the Contract Documents.
2. contract Documents.
(a) The Contract Documents consist of this
Agreement, Notice of Invitation to Bid, Instructions for Bidders,
Special Terms and Conditions, Bid Form, all drawings,
specifications, addenda issued prior to the execution of this
Agreement, other documents listed in this Agreement and
modifications issued after execution of this Agreement. The
Addenda, if any, are as follows:
Exhibit "A" consisting of six (6) pages.
The intent of the Contract Documents is to include all items
necessary for the proper execution and completion of the Work by
Contractor. The Contract Documents are complimentary, and what
is required by one shall be binding as if required by all;
performance by Contractor shall be required only to the extent
consistent with the Contract Documents and reasonably inferable
from them as being necessary to produce the intended results.
(b) The Contract Documents shall not be construed
to create a contractual relationship of any kind (1) between the
City and a Subcontractor or a Sub -subcontractor, or, (2) between
any persons or entities other than the City and Contractor.
(c) The term "Work" means the construction and
services required by the Contract Documents, whether completed or
partially completed, and includes all labor, materials, equipment
and services provided or to be provided by Contractor to fulfill
Contractor's obligations hereunder. The Work may constitute the
whole or a part of the project.
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3. Contract sum and Payment to Contractor.
(a) Contract Sum. The City shall pay to Contractor
for Contractor's performance hereunder, the amount(s) specified
in the Contract Documents (the "Contract Sum"). $4,000.00
(b) Progress Payments. The City shall make
progress payments on account of the Contract Sum to Contractor as
provided below and elsewhere in the Contract Documents.
(i) Each Application for Payment by
Contractor shall be submitted to the City by the twenty-fifth
(25th) day of each month.
(ii) Provided an Application for Payment is
received by the City not later than the twenty-fifth (25th) day
of a month, the City shall make payment to Contractor not later
than the tenth (10th) day of the following month. If an
Application for Payment is received by the City after the
application date fixed above, payment shall be made by the City
not later than ten (10) days after the City receives the
Application for Payment.
(iii) Final payment to Contractor is contingent
upon acceptance of the Work by the City.
(c) Reimbursable Expenses. The provisions of
Florida law shall govern the reimbursement of per diem and travel
expenses to Contractor. Contractor shall not be reimbursed in
excess of the rates prescribed by law. Any request for
reimbursement by Contractor shall be accompanied by documentation
which is, in the reasonable opinion of the City, sufficient to
establish the expenditure on the part of Contractor.
4. Contractor's Obligations.
(a) Contractor shall supervise and direct the Work,
using Contractor's best skill and attention. Contractor shall be
solely responsible for and have control over construction means,
methods, techniques, sequences and procedures and for
coordinating all portions of the Work under this Agreement,
unless the Contract Documents give other specific instructions
concerning these matters.
ONW41 AON
(b) Unless otherwise provided in the Contract Documents,
Contractor shall provide and pay for labor, materials, equipment,
tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services
necessary for the proper execution and completion of the Work,
whether temporary or permanent and whether or not incorporated or
to be incorporated in the Work.
(c) Unless otherwise provided in the Contract Documents,
Contractor shall pay all sales, use and other similar taxes and
shall secure and pay for all permits and governmental fees,
licenses and inspections necessary for proper execution and
completion of the Work.
(d) Contractor shall enforce strict discipline and good
order among Contractor's employees and other persons carrying out
the Work. Contractor shall not permit employment of unfit
persons or persons not skilled in tasks assigned to them.
(e) Contractor currently holds and shall maintain at all
times during the term of this Agreement all required federal,
state and local licenses necessary to perform the Work required
under the Contract Documents.
(f) Contractor shall be responsible to the City for the
acts and omissions of Contractor's employees, Subcontractors and
their agents and employees, and other persons performing portions
of the Work under a contract with Contractor.
5. Warranty. Contractor warrants to the City that all
materials and labor furnished under this Agreement shall be free
from any and all defects for a period of one (1) year from the
date of completion of the Work, and that the Work will conform
with the requirements of the Contract Documents. Work not
conforming to these requirements, including substitutions not
properly approved and authorized, may be considered defective.
6. Correction of Work.
(a) Contractor shall, at no cost to the City,
promptly correct Work failing to conform to requirements of the
Contract Documents, whether observed before or after completion
of the Work and whether or not fabricated, installed or
completed, and shall correct any Work found to be not in
accordance with the requirements of the Contract Documents within
a period of one (1) year from the date of completion of the Work
or by the terms of an applicable special warranty required by the
Contract Documents. The provisions of this Paragraph 6 apply to
the Work done by Subcontractors as well as to the Work done by
direct employees of Contractor.
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(b) Nothing contained in this Paragraph 6 shall be
construed to establish a period of limitation with respect to
other obligations which Contractor might have under the Contract
Documents. Establishment of the time period of one (1) year as
described in Subparagraph 6(a) above relates only to the specific
obligation of Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply
with the Contract Documents may be sought to be enforced, nor to
the time within which proceedings may be commenced to establish
Contractor's liability with respect to Contractor's obligations
other than specifically to correct the Work.
7. subcontracts.
(a) A Subcontractor is a person or entity who has a
direct contract with Contractor to perform a portion of the Work.
(b) A Supplier is a person or entity who has a
direct contract with Contractor to provide materials and/or
supplies required to perform a portion of the Work.
(c) Unless otherwise stated in the Contract
Documents or the bidding requirements, Contractor, as soon as
practicable after award of the Contract, shall furnish in writing
to the City the names of the Subcontractors and Suppliers for
each of the principal portions of the Work. Contractor shall not
contract with any Subcontractor or Supplier to whom the City has
made reasonable and timely objection. Contracts between
Contractor and its Subcontractors and Suppliers shall require
each Subcontractor and Supplier, to the extent of the Work to be
performed by the Subcontractor and the material and/or supplies
to be provided by the Supplier, to be bound to Contractor by the
terms of the Contract Documents, and to assume toward Contractor
all the obligations and responsibilities which Contractor, by the
Contract Documents, assumes toward the City.
8. Term. The term of this Agreement shall be one (1)
year from the date of the Agreement unless otherwise specified in
the Contract Documents. The parties reserve the right to extend
the term of this Agreement for an additional term of one (1) year
on the same terms and conditions upon mutual written agreement.
9. Termination.
(a) For Cause. If Contractor defaults or
persistently fails or neglects to carry out the Work in
accordance with the Contract Documents or fails to perform a
provision of this Agreement, the City, after ten (10) days
written notice to Contractor and without prejudice to any other
remedy the City may have, may unilaterally terminate this
Agreement.
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(b) Without Cause. The City retains the right to
cancel this' Agreement at any time, with or without good cause,
upon written notice to Contractor when such termination is deemed
by the City Council, or their designee, to be in the public
interest.
(c) Payment UUnon Termination. In the event of
termination as provided herein, Contractor shall be paid for
services performed through the date of termination, less damages
incurred by the City as a result of Contractor's failure to carry
out the Work in accordance with the Contract Documents and
Contractor's failure to perform any provision of this Agreement.
10. Indemnity. To the fullest extent permitted by law,
Contractor shall indemnify, defend and hold harmless the City and
the City's agents, servants and employees, from and against all
claims, damages, losses and expenses, including but not limited
to attorney's fees, arising out of or resulting from performance
of the Work, except for injuries, damages or claims which are the
result of the sole negligence of the City, its agents, servants,
or employees. Contractor hereby acknowledges that the
obligations imposed upon the City and the terms of this Agreement
are the specific consideration for the indemnification provided
herein.
11. insurance. Contractor shall procure and maintain
during the life of this Agreement insurance of the types and
subject to the limits set forth below. Contractor shall also
provide the City with evidence of this insurance prior to
commencement of the Work in the form of Certificates of Insurance
which shall be subject to the City's approval for adequacy.
(a) Workers' Compensation. Contractor shall
purchase from and maintain in any company or companies lawfully
authorized to do business in Florida, workers' compensation
insurance for protection from claims for damages because of
bodily injury, including death, and from claims for damages,
other than to the Work itself, to property which may arise out of
or result from Contractor's operations under this Agreement,
whether such operations be by Contractor or by Subcontractors or
by anyone directly or indirectly employed by any of them. This
insurance shall be written for not less than the limits of
liability required by law, and shall include contractual
liability insurance applicable to Contractor's obligations under
Paragraph 10. Coverage B, Employer's Liability, shall be written
for a minimum liability of $100,000.00 per occurrence.
(b) Commercial General Liability. Contractor shall
provide and maintain during the life of this Agreement, at
Contractor's own expense, Commercial General Liability insurance
on an occurrence basis for a minimum of $1,000,000.00 per
occurrence for claims of bodily injury including death, and
$500,000.00 for property damage.
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(c) Commercial Auto Liability. Contractor shall
provide and maintain during the life of this Agreement, at
Contractor's own expense, Commercial Auto Liability insurance on
an occurrence basis for a minimum $100,000.00 per occurrence for
claims of bodily injury including de7th, and $300,000.00 for
property damage.
maint throughout the durat
Bond in an unt equal to
Contract Sum, un such reg
modified in writing b
suretv insurer razed to
In lieu said bond, Cont
Ci an irrevocable letter
nstitution in an amount eq
rrnttast r shall submit to
letter of credit upon exec4
in of Ahis Agreeme erformance
110% of ace amount of the
jre�is specifically waived or
to
ion of
Said bond shall be with a
iness in the State of Florida.
Id
btain and deliver to the
om a qualified lenAing
er ance Bond requ dof of sa' surety Tb
P
this Agreemen
13. Assignment. - Contractor shall not assign this
Agreement to any other persons or firm without first obtaining
the City's written approval.
14. Notices. All notices, requests, consents, and other
communication required or permitted under this Agreement shall be
in writing and shall be (as elected by the person giving such
notice) hand delivered by messenger or courier service, or mailed
by registered or certified mail (postage prepaid) return receipt
requested, addressed to:
IF TO THE CITY:
WITH A COPY TO:
City of Sebastian
Attn: Joel Koford,
1225 Main Street
Sebastian, Florida
Charles Ian Nash,
City Attorney
c/o Frese, Nash &
930 S. Harbor City
Suite 505
Melbourne, Florida
City Manager
32958
Esquire
Torpy, P.A.
Boulevard
32901
IF TO CONTRACTOR: United Trriyatinn
1206 8th Street
Vero Beach F1 32960
15. Time. Time limits stated in the Contract Documents
are of the essence of this Agreement. By executing this
Agreement, Contractor confirms that the contract time is al
reasonable period for performing the Work.
Amok i►
16. Conflict of Interest.
(a) Contractor represents that it presently has no
interest and shall acquire no interest, either direct or
indirect, which would conflict in any manner with the
performance of services required hereunder, as provided by law.
Contractor further represents that no person having any such
interest shall be employed in performance of the Work.
(b) Contractor shall promptly notify the City in
writing by certified mail of all potential conflicts of interest
prohibited by existing state law involving any prospective
business association, interest or other circumstance which may
influence or appear to influence Contractor's judgment or quality
of services being provided hereunder. Such written notification
shall identify the prospective business association, interest or
circumstance, the nature of work that Contractor may undertake
and request the opinion of the City as to whether the
association, interest or circumstance would, in the opinion of
the City, constitute a conflict of interest if entered into by
Contractor. The City agrees to notify Contractor of its opinion
by certified mail within thirty (30) days of receipt of
notification by Contractor. If, in the opinion of the City, the
prospective business association, interest or circumstance would
not constitute a conflict of interest by Contractor, the City
shall so state in the notification and Contractor shall, at its
option, enter into said association, interest or circumstance and
it shall be deemed to be not a conflict of interest with respect
to services provided to the City by Contractor under the terms of
this Agreement.
17. Compliance With All Applicable Federal Laws.
Contractor shall comply with all applicable federal laws that in
any way regulate or impact the Work, including, but not limited
to, The Clean Air Act (42 USC @7506(c)), The Endangered Species
Act (16 USC @1531, et sea.), Executive Order No. 11593, Executive
Order No. 11988, Executive Order No. 11990, The Fish and Wildlife
Coordination Act (PL 85-624), The Safe Water Drinking Act Section
1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act
(PL 90-542, as amended), The Demonstration Cities and
Metropolitan Development Act of 1966 (PL 89-754), Section 306 of
The Clean Air Act, Section 508 of The Clean Water Act, Executive
Order No. 11738, The Civil Rights Act of 1964 (PL 88-352), The
Age Discrimination Act (PL 94-135), Section 13 of The Federal
Water Pollution Control Act (PL 92-500), Executive Order No.
11246, Executive Order No. 11625, Executive Order No. 12138,
Executive Order No. 12549, The Davis Bacon Act (40 USC @276), the
Occupational safety and Health Act and applicable regulations,
and the Americans with Disabilities Act (PL 101-336).
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AW�A Aawk
18. Liquidated Damages. In the event Contractor violates
or fails to perform any provision of the Contract Documents, then
the City may elect to receive as liquidated damages the amount(s)
specified in the Contract Documents. It is expressly
acknowledged by Contractor that said payment shall not be
interpreted nor construed as a penalty but is in fact a good
faith attempt to fix damages which the City will suffer in the
event Contractor fails to perform as required hereunder or
violates any provision of the Contract Documents.
19. Bid and Payment Bonds. Contractor shall purchase and
maintain such bid and payment bonds as are required by the City
and specified in the Contract Documents.
20. Drug -Free Workplace. Contractor, in accordance with
Florida Statute 287.087, hereby certifies that Contractor does:
(a) Publish a statement notifying employees that
the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees
for violations of such prohibition.
(b) Inform employees about the dangers of drug
abuse in the workplace, the business's policy of maintaining a
drug-free workplace, any available drug counseling,
rehabilitation, employee assistance programs and the penalties
that may be imposed upon employees for drug abuse violations.
(c) Give each employee engaged in providing the
commodities or contractual services that are required hereunder a
copy of the statement specified in Subparagraph (a).
(d) In the statement specified in Subparagraph (a),
notify the employees that, as a condition of working on the
commodities or contractual services that are required hereunder,
the employee will abide by the terms of the statement and will
notify the employer of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 1893 or of any
controlled substance law of the United States or any state, for a
violation occurring in the workplace no later than five (5) days
after such conviction.
(e) Impose a sanction on, or require the
satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's
community, by any employee who is so convicted.
(f) Make a good faith effort to continue to
maintain a drug-free workplace through implementation of
Subparagraphs (a) thru (e).
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21. Public Entity Crimes.
(a) Contractor hereby acknowledges, represents and
warrants:
(i) That a "public entity crime" as defined
in Paragraph 287.133(1)(g), Florida Statutes, means a violation
of any state or federal law by a person with respect to and
directly related to the transaction of business with any public
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
misrepresentation.
(ii) 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.
(iii) That an "affiliate" as defined in
Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person
convicted of a public entity crime; or
2. An entity under the control of any
natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term
"affiliate" includes those officers, directors, executives,
partners, shareholders, employees, members, and agents who are
active in the management of an affiliate. The ownership by one
person of shares constituting a controlling interest in another
person, or a pooling of 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.
(iv) 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.
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(b) Based on information and belief, the statement
which Contractor has marked below is true in relation to
Contractor submitting this sworn statement. [indicate which
statement applies.]
Neither Contractor, nor any of its officers,
dd riectors, executives, partners, shareholders,
employees, members, or agents who are active in the
management of Contractor, nor any affiliate of
Contractor has been charged with and convicted of a
public entity crime subsequent to July 1, 1989.
Contractor, or one or more of its officers,
directors, executives, partners, shareholders,
employees, members, or agents who are active in the
management of Contractor, or an affiliate of
Contractor has been charged with and convicted of a
public entity crime subsequent to July 1, 1989.
Contractor, or one or more of its officers,
directors, executives, partners, shareholders,
employees, members, or agents who are active in the
management of Contractor, or an affiliate of
Contractor 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 Administrative Hearings and the Final
Order entered by the Hearing Officer determined that
it was not in the public interest to place Contractor
on the convicted vendor list. [attach a copy of the
final order].
(C) CONTRACTOR UNDERSTANDS THAT THE
ACKNOWLEDGMENTS, REPRESENTATIONS AND WARRANTIES MADE IN THIS
PARAGRAPH 21 TO THE CITY ARE FOR THE CITY ONLY AND, THAT SUCH
ACKNOWLEDGMENTS, REPRESENTATIONS AND WARRANTIES ARE VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH THIS AGREEMENT IS
EXECUTED. IN THE EVENT THE TERM OF THIS AGREEMENT SHALL EXTEND
BEYOND THE CALENDAR YEAR IN WHICH IT WAS EXECUTED, CONTRACTOR
SHALL EXECUTE AND SUBMIT TO THE CITY A NEW SWORN STATEMENT UNDER
SECTION 287.133, FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, FORM
PUR. 7068, AS REVISED FROM TIME TO TIME. CONTRACTOR ALSO
UNDERSTANDS THAT CONTRACTOR IS REQUIRED TO INFORM THE CITY 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 INFORMATION CONTAINED IN THIS PARAGRAPH 21.
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22. Entire and Sole Agreement. Except as specifically
stated herein, the Contract Documents constitute the entire
agreement between the parties and supersede all agreements,
representations, warranties, statements, promises and
understandings not specifically set forth in the Contract
Documents. Neither party has in any way relied, nor shall in any
way rely, upon any oral or written agreements, representations,
warranties, statements, promises or understandings not
specifically set forth in the Contract Documents.
23. Successors and Assigns. Except as otherwise provided
in the Contract Documents, all covenants and agreements of the
parties contained in the Contract Documents shall be binding upon
and inure to the benefit of the respective successors and assigns
of the parties.
24. Attorney's Fees. In the event any action,
proceeding, suit or claim is filed, initiated or maintained to
enforce any of the provisions of the Contract Documents, the
prevailing party shall, in addition to relief to which it is
otherwise entitled, be entitled to recover such further amounts,
to the extent lawful, as shall be sufficient to pay the cost and
expenses of enforcement, including reasonable attorney's fees,
both at trial and all appellate levels.
25. Remedies. No remedy herein conferred upon any party
is intended to be exclusive of any other remedy and each and
every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing
at law or in equity or by statute or otherwise.
26. Governing Law. The Contract Documents shall be
construed and enforced in accordance with and governed by the
laws of the State of Florida, and venue for any action pursuant
to the Contract Documents shall be in Indian River County,
Florida.
27. Amendments. Neither the Contract Documents nor any
term thereof may be changed, waived, discharged or terminated
orally, except by an instrument in writing signed by the party
against which enforcement of the change, waiver, discharge or
termination is sought.
28. Waiver. The failure of any of the parties at any
time to require performance of any provision of the Contract
Documents shall in no manner affect the right of such party at
any later time to enforce or require the same unless waived in
writing. No waiver by any party of any condition or breach shall
be construed or deemed to be a waiver of any other condition or
any other breach of any term, covenant or warranty contained in
the Contract Documents.
IN WITNESS WHEREOF, the City has hereunto subscribed and
Contractor has affixed his, its, or their names, or name.
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ATTEST:
- Z�,, �- M L
Kathryl M. O'Halloran
CMC/AAE, City Clerk
(Corporate Seal)
Approved to Form and Legal
Sufficie y:
ar s Ian Nash, City Attorney
Signed, sealed and delivered
in the presence of:
Sallv A. Maio
Linda M. Galley
Name:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
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CITY:
Name: Arthur L Firtion
Title: Mayor
CONTRACTOR:
UnitedIr atio
By:
Name: Ler Hiers
`.
Title: Owner
The for going instrument was acknow dcjed foie me this u�
day of 199, by / ate a1, 1
the of the CI SEBASTIAN, FLORIDA, on
behalf of th CITY OF SEBASTIAN. He he is personally known to
e_or produced I f4 as
�
identification.
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SALLY A. MAIO
Notary Public -State of Fbrlda
My CcmmK iat Expire4 OCT 05.1994
COMM 9 CC 615906
12
Notary P lic
State of Florida
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Printed Name —
Commission Number
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day of z� , 199, by
on behal of CONTRACTOR. He/she is
produced
identification. /
before me this
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[Votary ruDilu
Stat of Flor
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Printed Name
Commission Number
ANN V. ROUSSEAU
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MY CAMMISSION / CC 311949
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EXPIRES: Janoy 13. IM
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City of Sebastian
.W*1
1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
SUBJECT: Well Installation
BSSC expansion
Bid Award
Approved for Submittal By:
City Manager ��4
Agenda No.
Dept. Origin
Date Submitted
For Agenda of
yq 6-S
ENG/PQ
06-01-94
Exhibits: Bid Tabulation
Bid Specifications
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
$4000 $4000 $00
�:il�ilW�'VWN0DILINIQ-V
The bid review committee reviewed the bids presented by United
Irrigation and Reliable Irrigation to install a 3" galvanized
steel casing 450 feet in the ground for the BSSC expansion. The
well is required to provide irrigation for the newly installed
sod for the football field that will be utilized by the Panthers
youth group football league. This is a pop warner division and
they have requested an expansion of the single football field at
Schumann Park for two fields at the BSSC expansion. It is
imperative that the well be installed in a timely manner to
irrigate the newly placed sod.
The review committee considered both companies and found that
both were reliable and capable of installing the well. Each
well installer had quoted the same price. However, if additional
depth is required for the well to produce the 55 gallons per
minute then the cost of United Irrigation would be approximately
half of the cost that Reliable would charge for the additional
depth. In addition Reliable has provided a commitment to have
the well installed in 10 calendar days as compared to United
Irrigation which would be able to install the well within 4 days.
The time frame was critical in the review committees evaluation
for this installation.
RECOMMENDED ACTION
Move to award the well installation at the BSSC expansion to
United Irrigation for $4000.
EXHIBIT "A" (1 of 6)
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 0 FAX (407) 589-5570
BID TABULATION
CITY OF SEBASTIAN
BIDS DUE May 31st, 1994 2:00 P.N.
CONTRACTOR/VENDOR AMOUNT ADDITIONAL
FEET OF 3" PER FT
Reliable Well Drilling $4,000. $14.00
United Irrigation $4,000. $ 8.00
EXHIBIT "A" (2 of 6)
City of Sebastian
1225 MAIN STREET O SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 0 FAX (407) 589-5570
NOTICE OF INVITATION TO BID
SEALED BIDS FOR DEEP WELL INSTALLATION FOR THE BARBER
STREET SPORTS COMPLEX EXPANSION, WILL BE ACCEPTED BY THE
CITY OF SEBASTIAN, IN THE OFFICE OF THE CITY CLERK, CITY
OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FL 32958 UNTIL
2:00 P.M. ON TUESDAY, MAY 31ST, 1994. BID ENVELOPES ARE
TO BE MARKED AS FOLLOWS:
BID: WELL INSTALLATION BSSC EXPANSION
THE CITY OF SEBASTIAN IS SEEKING BID PROPOSALS FROM LICENSED
CONTRACTORS IN THE CITY OF SEBASTIAN TO PROVIDE ALL MATERIAL AND
LABOR WITH PROPER SUPERVISION FOR THE INSTALLATION OF A 3" DEEP
WELL WITH GALVANIZED CASING AND A RETACTABLE PVC SCREEN. BASE
BID WELL DEPTH: 450 FEET. THE WELL SHALL BE TESTED AND CAPABLE OF
DELIVERING 55 GALLONS PER MINUTES AT 40PSI. TEST WELL FOR IRON
CONTENT AND SUBMIT TEST RESULTS TO THE CITY ENGINEER.
CONTRACTOR SHALL BE PROPERLY LICENSED IN THE CITY OF SEBASTIAN
AND SHOW PROOF OF INSURANCE.
ALL WORK WILL BE DONE IN ACCORDANCE WITH STANDARD SPECIFICATIONS
AND ACCEPTED LOCAL PRACTICE INCLUDING A ONE YEAR WARRANTY PERIOD.
PLEASE USE THIS FORM TO RESPOND TO THE SUBJECT BID REQUEST.
PROSPECTIVE BIDDERS MUST CONTACT THE CITY CLERK'S OFFICE IN
PERSON, BY MAIL AT THE ABOVE ADDRESS, OR BY TELEPHONING (407)
589-5330 FOR BIDDING DOCUMENTS AND SPECIFICATIONS.
QUESTIONS OR CONCERNS SHOULD BE ADDRESSED TO THE CITY OF
SEBASTIAN, CITY ENGINEER, DANIEL C. ECKIS, P.E. BIDS WILL BE
PUBLICLY OPENED AND READ ALOUD AT 2:00 P.M. ON TUESDAY, MAY
31ST, 1994 IN THE CITY MANAGER'S CONFERENCE ROOM. THE CITY
RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.
BY: KATHRYN M. O'HALLORAN
CITY CLERK
CITY OF SEBASTIAN
PUBLISH PRESS JOURNAL
FRIDAY, MAY 20, 1994
EXHIBIT "A" (3 of 6)
City of Sebastian
1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
NOTICE OF INVITATION TO BID
SEALED BIDS FOR DEEP WELL INSTALLATION FOR THE BARBER
STREET SPORTS COMPLEX EXPANSION, WILL BE ACCEPTED BY THE
CITY OF SEBASTIAN, IN THE OFFICE OF THE CITY CLERK, CITY
OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FL 32958 UNTIL
2:00 P.M. ON TUESDAY, MAY 31ST, 1994. BID ENVELOPES ARE
TO BE MA.RKED AS FOLLOWS:
BID: WELL INSTALLATION BSSC EXPANSION
THE CITY OF SEBASTIAN IS SEEKING BID PROPOSALS FROM LICENSED
CONTRACTORS IN THE CITY OF SEBASTIAN TO PROVIDE ALL MATERIAL AND
LABOR WITH PROPER SUPERVISION FOR THE INSTALLATION OF A 3" DEEP
WELL WITH GALVANIZED CASING AND A RETACTABLE PVC SCREEN. BASE
BID WELL DEPTH: 450 FEET. THE WELL SHALL BE TESTED AND CAPABLE OF
DELIVERING 55 GALLONS PER MINUTES AT 40PSI. TEST WELL FOR IRON
CONTENT AND SUBMIT TEST RESULTS TO THE CITY ENGINEER.
CONTRACTOR SHALL BE PROPERLY LICENSED IN THE CITY OF SEBASTIAN
AND SHOW PROOF OF INSURANCE.
ALL WORK WILL BE DONE IN ACCORDANCE WITH STANDARD SPECIFICATIONS
AND ACCEPTED LOCAL PRACTICE INCLUDING A ONE YEAR WARRANTY PERIOD.
PLEASE USE THIS FORM TO RESPOND TO THE SUBJECT BID REQUEST.
PROSPECTIVE BIDDERS MUST CONTACT THE CITY CLERK'S OFFICE IN
PERSON, BY MAIL AT THE ABOVE ADDRESS, OR BY TELEPHONING (407)
589-5330 FOR BIDDING DOCUMENTS AND SPECIFICATIONS.
QUESTIONS OR CONCERNS SHOULD BE ADDRESSED TO THE CITY OF
SEBASTIAN, CITY ENGINEER, DANIEL C. ECKIS, P.E. BIDS WILL BE
PUBLICLY OPENED AND READ ALOUD AT 2:00 P.M. ON TUESDAY, MAY
31ST, 1994 IN THE CITY MANAGER'S CONFERENCE ROOM. THE CITY
RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.
BY: KATHRYN M. O'HALLORAN
CITY CLERK
CITY OF SEBASTIAN
PUBLISH PRESS JOURNAL
FRIDAY, MAY 20, 1994
EXHIBIT "A" (4 of 6)
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
M E M O R A N D U M
DATE: MAY 16, 1994
TO: PROSPECTIVE BIDDERS
FROM: CITY ENGINEER'S OFFIC�
RE: DEEP WELL INSTALLATION
-----------------------------------------------------------------
PLEASE USE THIS FORM TO RESPOND TO THE SUBJECT BID REQUEST.
SUBMIT YOUR BID IN A SEALED ENVELOPE MARKED AS FOLLOWS:
BID: WELL INSTALLATION BSSC EXPANSION
YOUR RESPONSE MUST BE SUBMITTED TO THE CITY CLERK'S OFFICE AT
SEBASTIAN CITY HALL, 1225 MAIN STREET, SEBASTIAN, FL 32958 NO
LATER THAN 2:00 P.M. ON TUESDAY, MAY 31ST, 1994.
CONTRACTOR TO FURNISH AND INSTALL ALL LABOR, SUPERVISION,
MATERIALS, TOOLS, EQUIPMENT, PERMITS AND LICENSES TO COMPLETE THE
REQUIRED WORK IN ACCORDANCE WITH THE SPECIFICATIONS SHOWN ON THE
NOTICE TO BID.
DESCRIPTION QTY TOTAL PRICE
450 FOOT DEEP WELL 1
$ ` n ,SLS
UNIT PRICE FOR LINEAL FOOT OF (/
3" GALVANIZED CASING INSTALLED Jf LF
--------------------------------------------------------------
PUBLIC ENTITY CRIMES:
BIDDERS SHALL COMPLETE THE ATTACHED SWORN STATEMENT UNDER SECTION
287.133 (3) (A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES AND
RETURN WITH THE BID.
SCHEDULE:
COMMITMENT TO COMPLETE WITHIN CALENDAR DAYS AFTER
GIVEN NOTICE TO PROCEED.
EXHIBIT "A" (5 of 6)
EXCEPTIONS AND CLARIFICATIONS:
PLEASE NOTE ANY EXCEPTIONS, CLARIFICATIONS, AND/OR PROPOSED
ALTERNATES ON SEPARATE SHEET (S) OF YOUR LETTERHEAD AND ATTACH TO
THIS FORM.
SUBMITTED BY:
COMPANY United Irrigation of I.R. Co.,Inc.
INDIVIDUAL/TITLE Leroy Hiers, president
1177 18th Place Suite B
TELEPHONE 562-7856
ATTACHMENT (S): YES NOt DATEMay 20th, 1994
EXHIBIT "A" (6 of 6)
GARY B. FRESE ,
CBAELE9 IAN NA9E
VINCENT G. TOEYY. JR. ,
RICRARD E. TOR Y
GNEOORY S. HANSEN t
J. PATRICE ANDEESON
LAURA L. ANDEE90N
CMARLMS A. SCIZILLINOER
STEPHEN P. HEUSTON
WHJ.IAH A. GRnO.I
OF COUNSEL
CRIB BATES FOSTER
OF COUNSEL
FPmsE, NAsx & TORPY, P.A.
ATTORNEYS AT LAW
June 17, 1994
Mr. Dan Eckis
City Engineer/Public Works Director
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re: United Irrigation Contract
Our File No. 882489.3201
Dear Dan:
930 S. HARBOR CITY BLVD.
SUITE 505
MELBOURNE, FLORIDA 32901
140719843300
FAX 14071 9613741
tBOARD CERTIFIED IN TAXATION
'BOARD CERTIFISD M WILLS.
TEU9Ts R ESTATES
i BOARD CERTIFIED IN CDm TNIAI. LAW
I have reviewed the contract you submitted to me between the City
of Sebastian and United Irrigation. I have taken all of the bid
documents and had my secretary number them consecutively and turn
them into a composite exhibit which will become part of the
agreement. I have also amended paragraph 2 of the agreement to
reflect that I have attached those documents as an exhibit.
After the representative from United Irrigation has signed the
agreement and the City Clerk and Mayor have signed the agreement,
I will sign it as to form and legal sufficiency.
I will be at City Hall on Monday, June 17, 1994, at 2:00 p.m. for
a meeting with Mr. Koford. If you want to make arrangements for me
to sign the document at that time, I will do so.
Should you have any questions, please contact me.
Sincerely,
FRESE, NASH & TORPY, P.A.
Richard E. Torpy
RET/lb
Enclosure
City of Sebastian
1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
June 24, 1994
Leroy Hiers
United Irrigation
1206 8th Street
Vero Beach, FL 32960
RE: Agreement - Well Installation - Barber Street Sports
Complex
Dear Mr. Hiers:
Enclosed please find one executed original agreement between the
City of Sebastian and United Irrigation for installation
well at Barber Street Sports Complex. of the
If you have any questions, please do not hesitate to call.
Sincerely, )/Jq
ta'/-l'n.�
Kathryn M. O'Halloran, CMC%AAE
City Clerk
KOH/sam
cc: City Engineer