Johnson-Davis Original Contract SECTION VII
CITY OF OKEECHOBEE
SE 4TH STREET DRAINAGE IMPROVEMENTS
FDEP GRANT AGREEMENT LPQ0007
PW 04-10-05-23
AGREEMENT FOR SERVICES
This AGREEMENT is dated as of the ten day of Jul in the year 20 ,
between the City of Okeechobee (CITY) andJ0hn tA- fthS 11060✓p w*. • (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
Exhibit C — Project Plans
Exhibit D— FDEP Grant Agreement LPQ0007
The work is described as follows: The Contractor shall furnish all labor and materials necessary
to perform the hydrodynamic separator installation, as shown on the plans in Okeechobee,
Florida. The project shall include all piping, fittings, accessories and appurtenances, site
restoration for all work, temporary provisions to maintain functionality of the drainage system, all
testing, removal of the existing piping as specified, compliance with permit conditions, bypass
pumping for stormwater mains, maintenance of traffic in accordance with City standards, and any
other items as described in these documents to provide a complete and functional system.
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 This contract will be in force for a period of one (1) year.
3.2 To start work within 60 calendar days from the Notice to Proceed and there
after completing the work within 60 calendar days of commencement of
work.
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ARTICLE 4. CONTRACT PRICE
4.1 CITY shall pay CONTRACTOR for performance of the work in accordance with the
unit prices listed in Exhibit B
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.
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 obligation 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 9'h 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 30'h. The invoice is to be
received by the City no later than October 9th, and payment should be made by
October 30'h. 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
drawings as outlined in the specifications is to be completed in all respects, and
the cost of all miscellaneous and associated work to any specific items shall be
included in the Unit Prices.
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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.
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.
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:
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• This Agreement
• Certificates of Insurance
• Payment Bond and Performance Bond
• Notice of Award
• Notices to Proceed
• General Conditions •
• Governing 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
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.
9.2 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.
9.3 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.
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.
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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 by law, knowingly, voluntarily, and
intentionally waives its right to a trial by jury in any action or other legal
proceeding arising out of or relating to this Contract and the transactions it
contemplates. This waiver applies to an action or legal proceeding, whether
sounding in contract, tort or otherwise.
9.5 No Discrimination
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.
9.6 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.
9.7 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 1-9. Answers to questions regarding E-Verify as well
as instructions on enrollment may be found at the E-Verify website:
www.uscis.qov/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.
9.8 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
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
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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
FL, 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 enforceable.
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."
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.
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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 Contract that arises
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 Entity Crime
As required by Florida Statute 287.133(3)(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.
ARTICLE 10. INSPECTION AND CORRECTIVE ACTION PROCEDURES
10.1 The CONTRACTOR is responsible for providing the CITY's designated
representative with a written report of the work performed during the week each
Friday to the CITY utilizing the form provided by the CITY as Exhibit D.
10.2 CITY shall provide CONTRACTOR notice of any deficiency in CONTRACTOR's
performance of the Services (a "Deficiency Notice") within five (5) calendar days
of CONTRACTOR's completion of all or a portion of the Services during any
month.
10.3 Upon receipt from CITY of a Deficiency Notice, CONTRACTOR shall correct said
deficiency within five (5) calendar days.
10.4 Failure by the CONTRACTOR to submit the required written work report or to
perform any corrective actions specified in the "Defiance Notice" withing the time
frame noted above shall result in the CITY withholding payment for the affected
bid item for that month.
10.5 Upon discovery of any deficiency resulting in the CITY withholding payment in
CONTRACTOR's performance of the Services on more than three (3) occasions
during the term of this Agreement, CITY may elect not to provide CONTRACTOR
a Deficiency Notice and may instead terminate this Agreement as set forth in the
sub-section titled "Termination for Cause".
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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 7 31-13
CITY CONTRACTO
By: `� '�� By: /
Dowling R. Watford, Jr. ayor
Name: �/� ,,r!.„:,1/
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Attest: ,/ C ' Title: ,;
Lane Gamiotea, MC, CITY Clerk
Attest:
Title: c-c-er7.2i'. re, • -= a �.
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Corporate Seal elks
Addresses for giving notices: ""tt
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CITY CONTRACTOR
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City of Okeechobee �jr,G�.,s�c, . %ia,�is 1 kc. a,�,-cot
55 SE 3`d Avenue Q `�,4 117 ,rt
Okeechobee, FL 34974 ,,,,tc� i - 33-44 2.
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Florida State Contractors License No
__---Approved as_to form and legality for the use and reliance of the City of Okeechobee only.
Greg Hyden, Attorney
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ADDENDUM NO. 1
CITY OF OKEECHOBEE SE 4TH STREET DRAINAGE IMPROVEMENTS
Project No. PW 04-10-05-23
Issue Date, June 5, 2023
The answers to the questions posed at the May 31, 2023 Pre-bid meeting for the above project are as
follows:
Questions received in Meeting (Including field):
1. Is there an Engineering Estimate (Cost)?:
a. City Response:The grant funding available is$300K
2. Was a geotechnical report done on the site?
a. KH Response: No.
3. What is the structure lead time?
a. KH Response: 10 weeks.
4. The deadline is dependent on the Leadtime of the manufacturer.
a. KH/City Response:The current lead time is 10 weeks.The current schedule is beginning
construction within 60 days of NTP and completing construction within 60 days of start
date.That allows 6 weeks for construction,so the deadline of 12/31/2023 should be
achievable.
5. How to connect to existing structure?Pending response.
6. Will you require collars?Pending Response.
7. If no collars and go up to next pipe length, is it acceptable to have the bell of the pipe in an
opposing direction?Pending Response.
8. There is plus/minus noted on the invert locations.
a. KH Response:We took the closest upstream and downstream inverts to and calculated
approximate inverts.The plus and minus is added wherever we perform calculations like
this.
9. Will the City reimburse permit fees?
a. City Response: No ROW permit is required.
10. Will the City/Engineer require Densities to be checked?
a. KH Response:This is typically a part of the contract with the contractor. Specs will be
reviewed to confirm.
11. What are the inspection requirements?Acceptance requirements?
a. KH/City Response: KH will be onsite during the bulk of the construction and for all
construction milestones.
Questions received via Email:
1. If by-passing is necessary would it be possible to by-pass from the existing nutrient box to CB#2
instead of having to cross the street from CB#1?Pending Response.
ADDENDUM NO. 2
CITY OF OKEECHOBEE SE 4T" STREET DRAINAGE IMPROVEMENTS
Project No. PW 04-10-05-23
Issue Date, June 9, 2023
Revised Bid Opening Date and Time
1. The bid opening date ant time have been changed to Thursday June 22, 2023, 3:00 PM.
The bid opening location remains the same. See attached revised invitation to bid.
Alternate Structure Approved
1. The approved Hydrodynamic Separator has been changed to Ecosense Denitra Valult.
Requests for Information
1. Please use the responses below to replace responses in Addendum 1. Response to RFIs:
Requests-for-Information:
1. Is there an Engineering Estimate (Cost)?
a. There is$300K available in grant funding for design and construction.
2. Was a geotechnical report done on the site?
a. No.
3. What is the structure lead time?
a. The manufacturer's anticipated lead time is 6 weeks.
4. How to connect to existing structure?Will you require collars? If no collars and
go up to next pipe length, is it acceptable to have the bell of the pipe in an
opposing direction? Installation of drainage structure and connection to existing
pipe shall be in accordance with specification 02607 Inlets, Manholes, and
Drainage Pipe.
5. Will the City reimburse permit fees?
a. No ROW permit is required.
6. Will the City/Engineer require Densities to be checked?
a. See specification 01410 Testing Laboratory Services.
7. What are the inspection requirements?Acceptance requirements?
a. Construction observation will be performed by the engineer and/or City.
Construction elements requiring observation will be reviewed at the
preconstruction meeting.
8. If by-passing is necessary,would it be possible to by-pass from the existing
nutrient box to CB#2 instead of having to cross the street from CB#1?
a. Yes, provided existing structure is not damaged during pumping
operation.
2. Revised Technical Specifications. Please include the following summary of changes:
a. 01020—Maintenance & Protection—Strikethrough of reference to Appendix
•
b. 01060 Regulatory Requirements and Notifications—Strikethrough of reference to
Appendix
c. 02200—Earthwork Excavation and Backfill—Strikethrough of reference to Appendix
d. Appendix A—Replaced
e. Appendix B—Removed from specifications.
3. Revised Plans:
a. G-1 Cover sheet—Note of Bid Addendum Change
b. C-1 Drainage Plan—Bid Addendum Change—Revision of notes (clouded)