HomeMy WebLinkAbout2021 Work Services Agreement - 2 Bid SchedulesWORK SERVICES AGREEMENT
ITS 21-07 TAXILANEI$ITEWORK FOR FUTURE HANGAR DEVELOPMENT AND TAXIWAY'A' REPAIRS at Sebastian
Municipal Airport
AGREEMENT APPROVED BY CITY COUNCIL: 15- a 6 -ACLQ I
AGREEMENT EFFECTIVE DATE: S'OV,
1. Parties:
City of Sebastian, a municipal corporation of the State of Florida, (City).
and
Loren Jock Trucking, Inc.
2. Designated Contact Person as to Cam: 3. Designated Contact Person as to Prime Contractor:
Scoll Baker (PROJECT MANAGER) BIII Gore (PROJECT MANAGER)
Airport Director Loren Jock Trucking, Inc.
1225 Main Street 4140 BE Robert Loon Road
Sebastian, Florida 32958 Stuart. FL U997
From 772-388-8113 Ce1I: 772-633-0897 Cell: 941-7264088
I i; rbaker@cityofsebaslian.org Email:
4. Guaranteed Maximum Price (GMP). The Prime Contractor's GMP for the Work is Four Hundred Sixty Three
Thousand, Eight Hundred Thirty Eight dollars and Twenty Seven cents ($463,838.27) for Schedule-1 of the
project (Reference FM445871-1); and Two Hundred Eighteen Thousand, Three Hundred Sixty Two dollars
and Ninety five cents ($218,362.95) for Schedule-2 of the project (Reference FM445948.1): Together totaling
Six Hundred Eighty Two Thousand, Two Hundred One dollars and Twenty Two cents ($6821201.22) for both
areas of the project. This price Is for the performance of the Work in accordance with the Agreement
Documents listed In the PROJECT MANUAL (EXHIBIT'A') and CONSTRUCTION PLANS (EXHIBIT'B')
S. Project Time. Prime Contractor shall achieve Substanfial Completion of the Work and issue Certification of
Occupancy no later than 100 calendar days following the issuance of a Notice to Proceed. Time Is of the
essence in the performance of this Agreement.
NOTE: The City reserves the ripht to allow for any approved extensions.
6. Agreement Document.
• Exhibit "A" - PROJECT MANUAL FOR TAXILANEISITEWORK FOR FUTURE HANGAR
DEVELOPMENT & TAXIWAY 'A' REPAIRS, as included in the Original Bid Package with Addendums
1 &2.
• Exhibit "B" - CONSTRUCTION PLANS FOR TAXILANEISITEWORK FOR FUTURE HANGAR
DEVELOPMENT & TAXIWAY W REPAIRS.
• Exhibit "C" - Payment and Performance Bond, to be submitted within 10 days of NTP.
Additional Agreement Documents include the Supplemental General Conditions, Notice to Proceed (NTP),
Purchase Order(s). Contract Amendments and Change Ordeals).
7. Liquidated Damages. If the Prime Contractor fails to achieve Substantial Completion of the Work within the
Contract Time listed above in Paragraph N5, the City shall be entitled to retain or recover, as liguldated
damages and not as a penalty, the sum of 1.690.00 er calendar do Y Liquidated Damages will be sought
starting on the first day following expiration the Contract and continuing until the actual dale of Substantial
Completion.
Such liquidated damages are hereby agreed to be a reasonable estimate of damages the City will incur as a
result of delayed completion. The City may deduct liquidated damages from any unpaid amounts due the
Prime Contractor under this Agreement. Any liquidated damages not so deducted from any unpaid amounts
due the Prime Contractor shall be payable to the City at the demand of the City, together with interest from the
dale of the demand at the maximum allowable rate.
8. City Funds. If sufficient funding is not avallable for Prime Contractor to complete the Work, City reserves the
right to modify the terms and conditions of the Agreement to change the Scope of Work to reduce the cost to
match any available funding. If such modifications to the Scope of Work are not feasible, or if funding has
been totally exhausted prior to Prime Contractors completion of its Work, the Agreement shall be terminated
on terms reasonably acceptable to both parties.
Page 1 of 5 - —� --- -
9. Project Team. Prime Contractor will provide names and roles of the Project Team assigned for approval
by the City. If any member of the Project Team discontinues service on the Project for any reason
whatsoever, Prime Contractor shall promptly replace such team member with a qualified individual
approved by the City, In writing, which approval will not be unreasonably withheld.
10. City's Project Manager. City shall designate a Project Manager. All Work done by the Prime Contractor
shall be subject to the review, inspection and acceptance of the Project Manager and the City. Any and all
technical questions which may arise as to the quality, completeness and acceptability of Work performed,
or Work to be performed, interpretation of planslspeciffications and all technical questions as to the
acceptable fulfillment of the Agreement on the part of the Prime Contractor shall be referred to the City
Manager who will resolve such questions. All Work shall be subject at all times to inspection and review
by the Project Manager and the City.
11. Schedules, Reports and Records. Prime Contractor shall submit to City cost schedules, progress
schedules, estimates, records, reports, and any other data, as related to the provision o1 the Work
covered under the Agreement. Furthermore, CJtVreserves the richt to iris '�e�It and audit Prime Contractor's
books in cer�rc� m1atirw to the Agreement, n deemed appropriate by Cdy. All schedules, reports and
records orr nme contractor, as they relate to the Agreement, shall be retained by Prime Contractor for a
period of three (3) years from the date of final payment under the Agreement
12. Prime Contractor Initiated Changes. If the Prime Contractor initiates a substitution, deviation or change
In the work which affects the scope of work or the expense of other trades, Prime Contractor shall be
liable for the expense thereof, and any incidental extra work created by the change.
13. Termination for Convenience. Upon ten (10) days' written notice to Prime Contractor, the City may,
for Its convenience and without cause, elect to terminate this Agreement. In the event of termination, City
will be responsible for compensating Prime Contractor only for the Work satisfactorily completed or
partially completed up to the date of termination. Prime Contractor shall not be entitled to
compensation for loss of anticipated proflt.
14. Insurance. During the term of the Agreement, Prime Contractor, at its sole expense, shall obtain and
maintain Insurance of such a type and with such terms and limits as noted below. Providing and
malntalning adequate Insurance coverage Is a material obligation of Prime Contractor. Prime Contractor
shall provide City a certgicate(s) of Insurance, evidencing such coverage. It is the Prime Contractor's
responsibility to ensure that the City has current Certiflcate(s) of Insurance at all times during the duration
of the agreement, Including renewal terms.
15.1 Minimum Insurance Requirements. The coverage's, limits or endorsements required herein protect the
primary Interests of City, and these coverage's, limits or endorsements shall in no way be required to be relied
upon when assessing the extent or determining appropriate types and limits of coverage to protect Prime
Contractor against any loss exposures, whether as a result of the Project a otherwise. All Insurance policies
shall name and endorse the following as additional insured(s): the Ciw of Sebastian and its City
Council members officers. RRIDInvess and scents.
An amount not less than:
Commercial General
' $2, 00,000 General Aggregate Limit; Each Aggregate Limit; Products &
Liability
Completed Operations; and Personal & Advertising Injury
• $50,000 Fire Damage Limit
• $5,000 Medical Expense Limit
Professional Liability
An amount not less than:
(Errors & Omissions)
' $500,000 Each Occurrence, covering any damages caused by an error,
omission grrnv {j��►►,nligent acts.
An amount not less tfion:
Automobile Liability
. $1,000.000 Each Occurrence & Combined Single Limit
• $5.000 Medical Ex nse Limit
In accordance with Florlda Statutes 440, maintain worker's compensation
Worker's
Insurance to the extent required by law for all their employees to be engaged In
Compensation
work under this contract.
16 Payments.
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16.1 Prompt Payment. City shall make payment of a payment request in accordance with Chapter 218. Part
VII of the Florida Statutes "Local Government Prompt Payment Act" from the date which a properly
received payment requestAnvoice is recorded as received by City, for Work completed to the
satisfaction of City.
16.2 Payment Requestslinvoices. Requests for payment for the provision of the Work provided under the
Agreement shall be submitted no more frequently than once per month, unless stipulated differently in
the Agreement or solicitation documents. R}}��gqpes1a or eavinept iny/rlce shall sergrate accountino
accordino to Schedule 91 referenclna FM44587r : or, 5ch, u'e #2 ra�arencino FM 4459484.
16.3 All reauests for oavmpftlinvoi(� shall be se((arated Der section 16.2 and submitted insufficient detail
to demonstrate compliance with�he terms of the Agreement and to allow for the proper pre -audit and
post -audit thereof. Upon receipt of Prime Contractor's payment requestinvoice, the City will review to
ensure completeness and that the Work covered under the payment request has been completed In
accordance with this Agreement. If it is found that the payment requestlinvoice is not complete, or the
Work covered under the payment request does not satisfy this Agreement, the payment request may be
rejected.
16.4 Progress Payments.
16.4.1 1" Application for Payment The first Application for Payment shall be submitted no earlier than thirty
(30) days following the issuance of the NTP. Prior to submitting its first Application for Payment, Prime
Contractor shall submit to City, for Its review and approval:
(1) A schedule of values based upon the GMP, listing the major elements of the Work and the dollar
value for each element; and
(2) A complete list of all Its proposed subcontractors showing the work and materials involved and the
dollar amount of each proposed subcontract and purchase order.
These submittals will be used as the basis for the submitted Applications for Payment.
16.4.2 Monthly Applications for Payment. Prime Contractor Firm shall submit three (3) copies of each of its
Applications for Payment to the City an or before the 25th day of see h month for work �erfonned dudnq
the previous month. Invoices received after the 25th day of each month shall be considered for payment
as part of the next month's application. Within ten (10) calendar days after receipt of each Application
for Payment, the City shall either:
(1) Indicate approval of the requested payment;
. (2) Indicate approval of only a portion of the requested payment, stating in writing the reasons therefore;
or
(3) Return the Application for Payment to the Prime Contractor indicating, in writing, the reason for
refusing to approve payment. In the event of a total or partial denial of the Application for Payment, the
Prime Contractor may make the necessary corrections and resubmit the Application for Payment for
reconsideration within ten (10) calendar days of receiving notice of refusal.
Monthly payments to Prime Contractor Firm shall in no way imply approval or acceptance of Prime
Contractor Firm's work.
16.4.3 Retainage. City shall retain five percent (5%) of the gross amount of each monthly payment request or
five percent (5%) of the portion thereof approved by the City for payment, whichever is less, up to fifty
percent (50%) completion. Thereafter, if on schedule, the City shall retain two point five percent (2.5%)
of the gross amount of each payment request. Such sum shall be accumulated and not released to
Prime Contractor until final payment Is due. Any Interim interest on such sums shall accrue to City.
Due to circumstances beyond the Prime Contractor's control and at the Citys sole discretion, a
percentage of the amount retained from the gross amount of each monthly payment may be reduced
prior to final completion of the Project and said percentage released to the Prime Contractor upon
receiving a certificate of substantial completion and approval from the Architect/Engineer. Release of
any portion or percentage of sums retained prior to final completion of the Project shall in no way imply
approval or acceptance of work.
16.4.4 Withheld Payments. The City may decline to approve any Application for Payment, or portions thereof,
because of subsequently discovered evidence or subsequent inspections. The City may nullify the
whole or any part of any approval for payment previously Issued and withhold any payments otherwise
Page 3 of 5
due the Prime Contractor under this Agreement, to such extent as may be necessary in the Citys
opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or
reasonable evidence indicating probable filing of such claims; (c) failure of Prime Contractor to make
payment property to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the
Work can be completed for the unpaid balance of the GMP; (e) reasonable Indication that the Work will
not be Prime Contractor; or (g) any other material breach of the Contract Documents. If these conditions
are not remedied or removed, City may, after three (3) days written notice, rectify the same at Prime
Contractor's expense. City also may offset against any sums due Prime Contractor the amount of any
liquidated or un-liquidated obligations of Prime Contractor to City, whether relating to or arising out of
this Agreement.
16.4.5 Final Payment. City shall make final payment to Prime Contractor within thirty (30) calendar days
after the Work Is Inspected and accepted by City in accordance with Section 10 herein provided.
Prime Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by
Prime Contractor against City arising out of this Agreement or otherwise relating to the Project, except
those previously made in writing and Identified as unsettled at the time of the final Application for
Payment. Neither the acceptance of the Work nor payment by City shall be deemed to be a waiver of
City's right to enforce any obligations of Prime Contractor's hereunder or to the recovery of damages for
defective Work not discovered by the City at the time of final Inspection.
17 Public Records: Prime Contractor will keep and maintain public records required by the City to perform
the service. Upon request from the Cltys custodian of public records, Prime Contractor will provide the
City with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues,
or as otherwise provided by law. Prime Contractor will ensure that the public records that are exempt or
confidential and exempt from public records disclosure requirements are not disclosed except as
authorued by law for the duration of the term of the Agreement and following completion of the
Agreement 9 Prime Contractor does not transfer the records to the City. Upon completion of the
Agreement, Prime Contractor will transfer, at no cost, to the City all public records in possession of the
Prime Contractor or keep and maintain public records required by City to perform the service. If Prime
Contractor transfers all public records to City upon completion of the Agreement, Prime Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If Prime Contractor keeps and maintains public records upon completion of the
Agreement, Prime Contractor shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the City, upon request from the Ciys custodian of
public records, in a format that Is compatible with the Information technology system of the City. If
Prime Contractor does not comply with the City's request for public records, the City shall enforce the
provisions of the Agreement In accordance with the terms of the Agreement and may cancel the
Agreement.
IF PRIME CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO PRIME CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT JEANETTE WILLIAMS, CUSTODIAN OF PUBLIC
RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL:
jwilliams@cityofsebastian.org; PHONE: 772-388-8215.
18 Contlnpencv Acreement. This Work Service Agreement Is entirely continoent upon the crantino of an
FAA AIP grant coverina the cost of the orolect.
19 Indemnification. The Prime Contractor shall Indemnify and hold the City harmless from any and all
Personal injury or property damage claims, liabilities, losses or causes of action which may arise out of the
use and occupancy of the property by the Prime Contractor, Its family, associates, Prime Contractor's,
agents, employees, customers and attendees. This paragraph shall survive the expiration or termination of
this agreement. Nothing in this agreement shall be construed as the City waiving Its Immunity pursuant to
§768.28, at seq., Florida Statutes, or any other sovereign or governmental Immunity.
20 Disadvantage Business Enterprise (DBE). The DBE requirements of applicable federal and state laws
and regulations apply under this agreement, as defined In 49 C.F.R. Part 26. DBEs should have a fair and
equal opportunity to compete for dollars spent by the City of Sebastian to procure construction -related
._._Page 4 of
20 Disadvantage Business Enterprise (DBE). The DBE requirements of applicable federal and state laws and
regulations apply under this agreement, as defined in 49 C.F.R. Part 26. DBEs should have a fair and equal
opportunity to compete for dollars spent by the City of Sebastian to procure construction -related services.
Design Builder shall use good faith efforts to ensure opportunities to compete for and perform contracts are
available on the Project
21 Waiver. The delay or failure by City to exercise or enforce any of its rights under this Agreement shall not
constitute or be deemed a waiver of City's right thereafter to enforce those rights, nor shall any single or partial
exercise of any such right preclude the City of any other or further exercise thereof or the exercise of any
other right
22 Severability. If a court deems any provision of the Agreement void or unenforceable, that provision shall be
enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other
provisions shall remain in full force and effect
23 Survival. All express representations, waivers, indemnifications, and limitations of liability included in this
Agreement will survive completion or termination of the Agreement for any reason.
24 Authority. Each person signing the Agreement warrants that he or she is duly authorized to do so and to bind
the respective party to the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year noted
above.
ATTEST (SEAL):
*te1V.A
CLE
Approved as to form and legality for
reliance by the City of Sebastian only:
n
44YA
EsqORNEY
THE CRY OF SEBASTIAN :
(°Gti4rf�21,
BY:/
CITY MANAGER
LOREN JOCK TRUCKING, INC.:
(.Prime contractor)
BY:
Joc
City of Sebastian, Florida I Ahrens Enterprises, Ix—ba A-hrensCmpanl¢s (GMP) --- - � RFO 19-04 Design Build of Multi -Purpose Hangar and Office BUIIEIng at Airport Page 5 of 5
16AA Withhold Payments. The City may decline to approve any Application for Payment or portions thereof,
because of subsequently discovered evidence or subsequent Inspections. The City may nullify the whole
or any part of any approval for payment previously Issued and withhold any payments otherwise due the
Design Builder under this Agreement to such extent as may be necessary in the City's opinion to protect
itfrom loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims', (a) failure of Design Builder to make payment property to
subcontractors or for labor, materials or equipment (d) reasonable doubt that the Work can be completed
for the unpaid balance of the GMP; (a) reasonable indication that the Work will not be Design Builder, or
(g) any other material breech of the Contract Documents. If these conditions are not remedied or removed,
City may, after three (3) days wriUn notice, rectify the same at Design Builder's expense. City also may
offset against any sums due Design Builder the amount of any liquidated or undiquklated obligations of
Design Bulkier to City, whether relating to or arising out of this Agreement
16.4.E Final Payment City shall make final payment to Design Builder within thirty (301 calendar days after
the Work is Inspected and accepted by City in accordance with Section 10 herein provided.
Design Builder's acceptance of final payment shall constitute a full waiver of any and all claims by Design
Builder against City arising out of this Agreement or otherwise relating to the Project, except those
previously made in writing and Identified as unsettled at the time, of the final Application for Payment
Neither the acceptance of the Work nor payment by City shall be deemed to be a waiver of Citys right to
enforce any obligations of Design Builder's hereunder or to the recovery of damages for defective Work
not discovered by the City at the time of final Inspection.
17 Public Records: Design Builder will keep and maintain public records required by the City to perform the
service. Upon request from the City's custodian of public records, Design Builder will provide the City with
a copy of the requested records or allow the records to be Inspected or copied within a reasonable time
and at a cost that does not exceed the cost provided In Chapter 119, Florida Statues, or as otherwise
provided by law. Design Builder will ensure that the public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law for the
duration of the term of the Agreement and following completion of the Agreement if Design Builder does
not transfer the records to the City. Upon completion of the Agreement Design Builder will transfer, at
no cost, to the City all public records in possession of the Design Builder or keep and maintain public
records required by City to perform the service. If Design Builder transfers all public records to City upon
completion of the Agreement Design Bulkier shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If Design Builder keeps and
maintains public records upon completion of the Agreement Design Builder shall meet all applicable
requirements for retaining public records. Al records stored electronically must be provided to the City,
upon request from the City's custodian of public records, In a format that is ocmpatible with the Information
technology system of the City. If Design Builder does not comply with the Citys requestfor public records,
the City shall enforce tits provisions of the Agreement in accordance with the banns of the Agreement and
may cancel the Agreement
IF DESIGN BUILDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO DESIGN BUILDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT JEANETTE WILLIAMS, CUSTODIAN OF PUBLIC RECORDS,
AT 1225 MAIN STREET, SEBASTIAN, FL 32959; EMAIL: jwilliams@cityofsebastdan.org; PHONE:
T72-38"215.
18 CoMMaencv AgreMN11t This Worlr Sgrvire meant is entirely continent upon the arantlrw Air an FAA
AIP cram coverin fie ccet o the ero
19 indemnification. The Design Builder shall indemnity and hold the City hermiess from any and ail persanat
injury or property damage claims, liabilities, losses or causes of action which may arise out of the use and
occupancy of the property by the Design Builder, its family, associates, Design Builders, agents, employees,
customers and attendees. This paragraph shall survive the expiration or termination of this agreement.
Nothing in this agreement shall be construed as the City waiving its immunity pursuant to §768.28, at seq.,
Florida Statutes, or any other sovereign or governmental immunity.
City or Sebastian, Florida !Ahrens Enterprises. Inc. dba Ahrens Companies (GMP)
RFD 19-04 Design Build of MutiLPurpoae Hangar and OMee Bonding at Airport Page 4 of 5
My
SEBASTIAN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetina Date: May 26, 2021
Agenda Item Title: Loren Jack Trucking WORK SERVICE AGREEMENT Bid #21-07
TAXILANE/SITEWORK FOR FUTURE HANGAR DEVELOPMENT &
TAXIWAY'A' REPAIRS.
Recommendation: Awarding of Work Service Agreement In favor of Loren Jock Trucking for the
total amount of $682,201.22 for the construction of a Taxi lane, Site work
improvements for future hangar development and the repair of Taxiway -
Alpha; further, authorize City Manager to execute the appropriate
documents.
Background: On April 4, 2021 the City advertised Bid #21-07 representing the combining
of two (2) construction work projects at Sebastian Municipal Airport. These include construction of a taxi lane,
site development for future hangar development, and the repair of a distressed section belonging to Taxiway -
Alpha. Combining the projects under a single construction bid saves the city money. Loren Jock Trucking,
Inc. was the lowest qualified bidder amongst the 5 bids that were received at the bid opening on May 3, 2021.
If Agenda Item Requires Expenditure of Funds:
Total Budgeted Amount: $682,201.22
Bid Schedule 1: $463,838.27 <Taxi Lane and Taxiway -Alpha Repairs (Ref: FM445871-1)
Bid Schedule 2: $218,362.95 <Hangar Site Development (Ref: FM445948-1)
Source of Funds:
FAA: $417,454.45 (90% of Schedule-1)
FOOT: $197,882.27 (5% of Schedule-1, plus 80% of Schedule-2)
CITY: $ 66,864.50 (5% of Schedule-1, plus 20% of Schedule-2) < Discretionary Sales Taxes
Attachments:
1. Work Services Agreement in favor of Loren Jock Trucking, Inc.
2. Exhibit -A Project Manual
hitgs://weblink.citvofsebaslian.oro/WebLink/DocView.asox7id=239814&dbid=0&reoo=City
3. Exhibit-B Construction Plans
h1s:llweblink.cit�(ofsebastian.oral W ebLink/DmView.asox7id=239815&dbid=0&reoo=City
4. Bid Schedule #1
5. Bid Schedule #2
6. Bid Tabulation
Administrative Services DeDanm t Rev'
City Attorney Review:
Procurement Division Re✓lew, f ap able" 1 c Utz Mil C01o,
City Manager Authorization:
v
Date: 5—r 7r/a.(