Excavation Point Inc.SECTION VII
PW 01-10-11-20
AGREEMENT FOR SERVICES
This AGREEMENT is dated as of the 15t" day of December in the year 2020, between the City of
Okeechobee (CITY) and Excavation Point Inc. (CONTRACTOR). CITY and CONTRACTOR, in
consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1. SCOPE OF WORK
The following Exhibits are attached and are a part of this Agreement.
Exhibit A — Governing Specifications
Exhibit B— Bid Unit Price Schedule
The work is described as follows: Provide construction services needed to do pavement
improvements including milling and resurfacing, on SE 6th Street from Parrott Avenue (US
441) to SE 6t" Avenue, within the City of Okeechobee.
The selected Contractors will be responsible for the entire scope of work, hiring licensed
Subcontractors, and paying for all plans and permits from the City of Okeechobee and/or other
agencies.
ARTICLE 2. PUBLIC WORKS DIRECTOR
2.1. PUBLIC WORKS DIRECTOR as named in the Contract Documents shall
mean:
City of Okeechobee
Public Works Director
55 S.E. 3rd Avenue
Okeechobee, FL 34974
ARTICLE 3. CONTRACT TIME
3.1 The work shall be completed within the Sixty (60) calendar days specified on the
Notice to Proceed for each project assigned.
ARTICLE 4. CONTRACT PRICE
4.1 CITY shall pay CONTRACTOR for performance of the work in accordance with the
unit prices listed in Exhibit 6
4.2 CITY shall pay the CONTRACTOR, or receive as credit, for changes or
adjustments in the work made in accordance with the General Conditions, based
on the unit prices indicated on the Bid form.
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Public Works Department
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ARTICLE 5. MEASUREMENT AND PAYMENT
5.1 The City will not pay for any item that is not specifically set forth in the Bid
Schedule.
5.2 The total Unit Bid Price for each project shall cover all work required by the
Contract Documents. All costs in connection with the proper and successful
completion of the work, including furnishings all materials, equipment, supplies,
and appurtenances; providing all construction equipment, and tools; and
performing all necessary labor and supervision to fully complete the Work, shall be
included in the Unit Bid prices. All related and necessary work not specifically set
forth as a pay item in the Bid shall be considered a subsidiary obliaation of
CONTRACTOR and all costs in connection therewith shall be included.
5.3 Payment for all work done in compliance with the Contract Documents, inclusive
of furnishings all manpower, equipment, materials, and performance of all
operations relative to construction of this project, will be made under the Unit Bid
Price.
5.4 Contractor shall submit Applications for Payment monthly after work has been
completed. A monthly invoice shall be submitted on or before the 9th day of each
month for payment. The invoice will be processed through our regular cycle with
payment usually made by the end of the following month. Example: Work
performed from September 1St through September 30th. The invoice is to be
received by the City no later than October 9t", and payment should be made by
October 30t''. The City shall not be liable to pay interest on any unpaid balance.
Vendor is solely responsible for all taxes, withholding, or social security obligations.
5.5 Quantities necessary to complete the work as shown on the Drawings or as
specified herein shall govern over those shown in the Bid Documents. The
CONTRACTOR shall take no advantage of any apparent error or omission in the
Drawings or Specifications, and the Public Works Director shall be permitted to
make corrections and interpretations as may be deemed necessary for fulfillment
of the intent of the Contract Documents.
5.6 The quantities for payment, other than Final Payment, under this Contract shall be
determined for actual measurement of the completed items, in place, ready for
service and accepted by the CITY, in accordance with the applicable method of
measurement therefore contained herein. A representative of the CONTRACTOR
shall witness all field measurements.
5.7 All estimated quantities stipulated in the Bid Form or other Contract Documents
are approximate and supplied for the sole purpose of providing Bidder with a basis
which will be used to determine the Base Bid and to obtain unit prices for approvals
of progress payments for the Work done. Actual quantities which will be ordered
by CITY may vary from those on the Bid Form(s). The CONTRACTOR'S attention
is directed to the items of work for which no unit price is set. All work shown on the
drawinqs as outlined in the specifications is to be completed in all respects, and
the cost of all miscellaneous and associated work to any sqecific items shall be
included in the Unit Prices.
5.8 All quantities, for the submittal of payments, shall be measured and tabulated by
both the Public Works Director, or representative, and CONTRACTOR. Requests
for payment and supporting data shall be prepared by the CONTRACTOR and
given to the Public Works Director sufficiently in advance of payment date to permit
thorough checking of all quantities.
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Public Works Department
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5.9 The CONTRACTOR shall furnish the Public Works Director whatever assistance
is required, laborers, clerks and records that will enable the Public Works Director
to expeditiously check all estimates and especially the final quantities of the
project.
ARTICLE 6. CONTRACTOR'S REPRESENTATIONS
In order to induce CITY to enter into this Agreement, CONTRACTOR makes the following
representations:
6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents. Work locality, weather, and with all local conditions and federal, state,
and local laws ordinances, rules, policies, and regulations that in any manner affect
cost, progress, or performance of the work.
6.2 CONTRACTOR has studied carefully all reports of investigations and tests of
subsurface and latent physical conditions of the site or otherwise affecting cost,
progress, or performance of the work which were relied upon by the Public Works
Director in the preparation of the Drawings and Specifications.
6.3 CONTRACTOR has made or caused to be made examinations, investigations, and
tests, and studies of such reports and related data, in addition to those referred to
in Paragraph 6.2 above as he deems necessary for the performance of the work
at the contract price, within the contract time, and in accordance with the other
terms and conditions of the contract documents, and no additional examinations,
investigations, tests, reports or similar data are/or will be required by the
CONTRACTOR for such purposes.
6.4 CONTRACTOR has correlated results of such observations, examinations,
investigations, tests, reports, and data with the terms and conditions of the contract
documents.
6.5 CONTRACTOR has given Public Works Director written notice of all conflicts,
errors, or discrepancies that he has discovered in the contract documents, and the
written resolution thereof by Public Works Director is acceptable to the contract.
ARTICLE 7. EARLY TERMINATION
7.1 Should CONTRACTOR violate any provision of this contract, or if the level of
service and performance being provided by CONTRACTOR does not meet the
expectations of the CITY after providing attempts at curing such defects, the CITY
may cancel this contract upon thirty (30) days written notice to CONTRACTOR
without further liability therefore.
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Public Works Department
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ARTICLE 8. CONTRACT DOCUMENTS
The contract documents which comprise the entire agreement between the CITY and the
CONTRACTOR are made a part hereof and consist of the following:
• This Agreement
• Certificates of Insurance
• Payment Bond and Performance Bond
• Notice of Award
• Notices to Proceed
• General Conditions
� Gov�ning Specifications attached as Exhibit Addenda numbers � to
�, inclusive.
� CONTRACTOR'S Bid Forms (including documentation accompanying the Bid
and documentation prior to Notice of Award).
• Documentation submitted by CONTRACTOR prior to Notice of Award.
• Any modification, including Change Orders and Field Orders, duly delivered
after execution of Agreement.
• Call for Bids, Instructions to Bidders, Bid Forms, Payment and Performance
Bonds, and Application for Payment.
There are no contract documents other than those listed above in this Article 8. The contract
documents may only be altered, amended, or replaced by a modification (as defined in Section 1
of the general conditions).
ARTICLE 9. GENERAL PROVISIONS
9.1 Compliance with Laws
9.2
9.3
The Contractor, its employees, subcontractors or assigns, shall comply with all
applicable federal, state, and local laws, regulations, and requirements relating to
the performance of this Contract.
Applicable Laws and Venue
The laws of the State of Florida shall govern all aspects of this Contract. In the
event it is necessary for either party to initiate legal action regarding this Contract,
venue shall be in the Nineteenth Judicial Circuit for claims under state law and in
the Southern District of Florida for any claims which are justiciable in federal court.
Indemnification.
Contractor shall defend, indemnify and hold harmless the CITY and all of the
CITY's officers, agents, and employees from and against all claims, liability, loss
and expense, including reasonable costs, collection expenses, attorneys' fees,
and court costs which may arise because of the negligence (whether active or
passive), misconduct, or other fault, in whole or in part (whether joint, concurrent,
or contributing), of Contractor, its officers, agents or employees in performance or
non-performance of its obligations under the Agreement. Contractor recognizes
the broad nature of this indemnification and hold harmless clause, as well as the
provision of a legal defense to the CITY when necessary, and voluntarily makes
this covenant and expressly acknowledges the receipt of such good and valuable
consideration provided by the CITY in support of these indemnification, legal
defense and hold harmless contractual obligations in accordance with the laws of
the State of Florida. This clause shall survive the termination of this Agreement.
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Public Works Department
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Compliance with any insurance requirements required elsewhere within this
Agreement shall not relieve Contractor of its liability and obligation to defend, hold
harmless and indemnify the CITY as set forth in this article of the Agreement.
Nothing herein, shall be construed to extend the CITY's liability beyond that
provided in Section 768.28, Florida Statutes.
To the fullest extent permitted by law, the Recipient's contractor/consultant shall
indemnify and hold harmless the Recipient and the State of Florida, Department
of Transportation, including the Department's officers and employees, from
liabilities, damages, losses and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness or intentional
wrongful misconduct of the contractor or consultant and persons employed or
utilized by the contractor or consultant in the performance of this Agreement.
This indemnification shall survive the termination of this Agreement. Nothing
contained in this paragraph is intended to nor shall it constitute a waiver of the
State of Florida or the Recipient's sovereign immunity.
9.4 Waiver of Jury Trial
Each party, to the extent permitted
intentionally waives its right to a trial
proceeding arising out of or relating to
contemplates. This waiver applies to a
sounding in contract, tort or otherwise.
9.5 No Discrimination
.,
9.7
.;
by law, knowingly, voluntarily, and
by jury in any action or other legal
this Contract and the transactions it
n action or legal proceeding, whether
Contractor and its agents will not discriminate against any person on the grounds
of race, color, creed, national origin, handicap, age, or sex, in any activity under this
Contract.
No Lobbying
Pursuant to Chapter 216.347, F.S., the Contractor is prohibited from the
expenditure of any funds under this Contract to lobby the Legislature, the judicial
branch or another state agency.
E-Verify
CONTRACTOR has verified that its employees are authorized to work in the U.S.
and certifies that a good faith effort has been made to properly identify employees
by timely reviewing and completing appropriate documentation, including but not
limited to the Department of Homeland Security, U.S. Citizenship, and
Immigration Services Form I-9. Answers to questions regarding E-Verify as well
as instructions on enrollment may be found at the E-Verify website:
www.uscis.gov/e-verify. CONTRACTOR shall expressly require any
subcontractors performing work or providing services pursuant to this contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor
during the contract term.
Contractor's Duties Regarding Public Records
A. Compliance with Florida Laws
Contractor must provide public access to all records concerning this Contract
according to applicable Florida laws including Chapter 119, Florida
Statutes. If Contractor asserts any exemptions to Florida's public records
laws, Contractor has the burden of establishing and defending the
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Public Works Department
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exemption. Contractor's failure to comply with this section is a breach of
this Contract. The records subject to Chapter 119 may include, in addition
to prepared documents, such communication as e-mails, text messages,
inter-office memorandums, social media, and photographs or images; a
person or entity may request public records via e-mail, or by oral or written
request, and a response to such a request must be prompt; it is the
responsibility of the CONTRACTOR to establish an in-house policy in
reference to such records, and to identify and retain such communications
in the normal course of business in the event a request is made to produce
these records.
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT TELEPHONE NUMBER: (863) 763-3372,
EXT. 9814, EMAIL ADDRESS:
LGAMIOTEA@CITYOFOKEECHOBEE.COM, AND
MAILING ADDRESS: 55 SE THIRD AVE, OKEECHOBEE
F L, 34974.
9.9 No Third-Party Beneficiaries
This Contract is solely for the benefit of the Contractor and the City. No person
or entity other than the Contractor or the CITY shall have any rights or privileges
under this Contract in any capacity whatsoever, either as third-party beneficiary or
otherwise.
9.10 Assignment
Contractor shall not assign, delegate, sublease or otherwise transfer any portion of
its rights and obligations as set forth in this Contract without prior written consent of
the City. Any attempted assignment in violation of this provision shall be void.
9.11 Waiver
No waiver of any term of this Contract constitutes a waiver of any other provision,
whether similar or dissimilar. No waiver of any term constitutes a continuing waiver.
No waiver is binding unless signed in writing by the waiving party.
9.12 Severability
If any term of this Contract is for any reason invalid or unenforceable, the rest of
the Contract remains fully valid and enforceabte.
9.13 Entire Contract
This Contract constitutes the entire agreement between the parties and
supersedes all prior and contemporaneous agreement, representations, and
undertaking. No supplement, modification, or amendment of this agreement will
be binding unless it is in writing and signed by both parties.
9.14 Interpretation
Unless the context requires otherwise: The term "including" contemplates
"including but not limited to."
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Public Works Department
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9.15 Survival
All provisions of this Contract which by their terms bind either party after the
expiration or termination of this Contract shall survive the expiration or termination
of this Contract.
9.16 Force Majeure
Notwithstanding any provisions of this Contract to the contrary, the Parties shall not
be held liable for any failure or delay in the performance of this Contractthatarises
from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe
weather, outbreak of war, restraint of Government, riots, civil commotion, force
majeure, act of God, or for any other cause of the same character which is
unavoidable through the exercise of due care and beyond the control of the
Parties. Failure to perform shall be excused during the continuance or as a
result of such circumstances, but this Contract shall otherwise remain in effect.
This provision shall not apply if the "Statement of Work" of this Contract specifies that
performance by the Contractor is specifically required during the occurrence of any
of the events herein mentioned.
9.17 Inspector General Cooperation
Contractor understands and agrees that it will comply with Section 20.055(5),
Florida Statutes which provides, "It is the duty of every state officer, employee,
agency, special district, board, commission, contractor, and subcontractor to
cooperate with the inspector general in any investigation, audit, inspection,
review, or hearing pursuant to this section."
9.18 Public Entify Crime
As required by Florida Statute 287.133(2)(a), a person or affiliate who has been
placed on the convicted vendor list following a conviction for a Public Entity Crime
may not submit a Bid on a contract with a Public Entity for the construction or
repair of a public building or a public work, may not submit Bids on leases of real
property to a Public Entity, may not be awarded or perform work as a Contractor,
supplier, Subcontractor, or consultant under a contract with any Public Entity, and
may not transact business with any Public Entity in excess of the threshold
amount provided in F.S. 287.017 for Category Two for a period of thirty-six (36)
months from the date of being placed on the convicted vendor list. Any person
must notify the City within thirty (30) days after a conviction of a Public Entity
crime applicable to that person or to an affiliate of that person.
9.19 State Funded Grant Agreement
The Contractor, its employees, subcontractors or assigns, shall comply with all
terms and conditions of the State Funded Grant Agreement for the project.
(Attachment I)
ARTICLE 10. PUNCHLIST PROCEDURES
Further to Florida Statutes §218.735(7)(a)(I), Punchlist procedures to render the work complete,
satisfactory and acceptable are established as follows:
10.1 Within five (5) days of Substantial Completion of the construction services purchased
as defined in the Contract, CONTRACTOR shall schedule a walkthrough with CITY
("Initial Walkthrough" a/Wa "IW"). The purpose of the IW is to develop a preliminary
checklist ("ChecklisY') of items to be performed by the CONTRACTOR, based upon
observations made jointly between the CONTRACTOR and CITY during the IW. The
IW is to occur within ten (10) days of Substantial Completion of the work as defined by
the Contract, again predicated upon the CONTRACTOR'S timely initiation of a request
for the IW. At its option, CITY may conduct the IW with its Field Inspector.
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Public Works Department
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10.2
10.3
10.4
10.5
10.6
10.7
10.9
10.10
CONTRACTOR shall endeavor to address and complete as many items as possible
noted on the Checklist either during the IW itself, or thereafter for a period of fifteen
(15) days from the date of the IW.
No later than fifteen (15) days following the scheduled IW, CONTRACTOR shall again
initiate and request a second walkthrough of the Project with the CITY. The purpose
of this second walkthrough is to identify which items remain to be performed from the
IW Checklist and to supplement that list as necessary (based, for example, upon work
which may have been damaged as a result of the CONTRACTOR'S performance of
completion of items contained on the IW Checklist) and for the purpose of developing
a joint Final Punchlist.
The intent of this section is for the CITY and the CONTRACTOR to cooperate to
develop a Final Punchlist to be completed no later than five (5) days from the date of
reaching Substantial Completion of the construction services purchase as defined in
the Contract.
In no event may the CONTRACTOR request payment of final retainage under Florida
Statutes §218.735(7)(d) until the CONTRACTOR considers the Final Punch list to be
one hundred percent (100%) complete.
CONTRACTOR agrees to complete the Final Punchlist items within fifteen (15) days
of the date of its issuance by the CITY.
CONTRACTOR acknowledges and agrees that no item contained on the Final
Punchlist shall be considered a warranry item until such time as (a) the Final Punch
list is one hundred percent (100%) complete, and (b) the CITY has been able to
operate or utilize the affected Punchlist item for an additional period of fifteen (15)
days.
CONTRACTOR acknowledges and agrees that the CITY may, at its option, during
performance of the work and prior to Substantial Completion, issue lists of identified
non-conforming or corrective work for the CONTRACTOR to address. The intent of
any such the CITY generated lists prior to Substantial Completion is to attempt to
streamline the Punchlist process upon achieving Substantial Completion, and to allow
for the CONTRACTOR to address needed areas of corrective work as they may be
observed by the CITY during performance of the Work.
CONTRACTOR acknowledges and agrees that in calculating one hundred fifty percent
(150%) of the amount which may be withheld by the CITY as to any Final Punchlist
item for which a good faith basis exists as to it being complete, as provided for by
Florida Statutes §218.735(7)(d), the CITY may include within such percentage
calculation its total costs for completing such item of work, including its administrative
costs as well as costs to address other services needed or areas of work which may
be affected in order to achieve full completion of the Final Punchlist item. Such
percentage shall in no event relate to the schedule of value associated with such Work
activity, but rather total costs are based upon the value (i.e. cost) of completing such
work activity based upon market conditions at the time of Final Punchlist completion.
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Public Works Department
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IN WITNESS WHEREOF, the parties hereto have signed two (2) copies of this agreement. At
least one counterpart each has been delivered to the CITY and CONTRACTOR. All portions of
the contract documents have been signed or identified by CITY and CONTRACTOR or by Public
Works Director on their behalf.
This Agreement will be effective on � I D 2�
CITY
By: �, � � /l/I/ �, �,
wling�R. Watford,,Jr. Mayor
.
,
A �
Attest:
Lane Gamiotea, MC, CITY Clerk
,y.,
CONTRACTOR
By:
Name: L .�. ���ue-T
Title: �1 �-�d1 D�iri.� 1 � :
� .- ;
Attest:
Title: � � �� bS
Addresses for giving notices:
CITY
City of Okeechobee
55 SE 3'd Avenue
Okeechobee, FL 34974
Corporate Seal
CONTRACTOR
E.�C 'L� u+��►o x� 1� �ivT '1�- .
`t 9�1-�-4- �. c-,g.o V�(s,�. � ua o
��P,-�tU rJ(S, "�.. 33�3-1 �
'LLIC',12Z,� 2_"1�
Florida State Contractors License No
Ap d as to fo and legality for the use and reliance of the City of Okeechobee only.
John J. Fumero, Attorney
City of Okeechobee
Public Works Department
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