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HomeMy WebLinkAboutAgreement_General_10/08/2015 (3) Comprehensive Analysis Utilities Department To: Michael Couzzo, Village Manager From: Sam Heady, Deputy Director of Utilities Date: 9/25/15 Subject: Drinking Water Tank Inspection I respectfully present the following memorandum to the Village Manager. As per the Florida Administrative Code (FAC) 62- 555.350 (2), the clear -well and two finish water tanks at the water treatment plant need to be inspected for structural and coating integrity at least once every five years. The facilities at the water treatment plant are due for their assessment. The Utility will have a dive contractor inspect the clear -well and tanks as required. This will be done by personnel under the responsible charge of a professional engineer licensed in Florida. VILLAGE OF TEQUESTA CONTRACT FOR INSPECTION OF WATER STORAGE TANKS THIS CONTRACT is entered into, and effective, this a( day of June, 2015, by and between the VILLAGE OF TEQUESTA, FLORIDA, a municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with the laws of the State of Florida, hereinafter "Village"; and CROM ENGINEERING & CONSTRUCTION SERVICES., a Florida corporation with offices located at 6801 South Archer Road, Gainesville, Florida 32608, hereinafter "Contractor ". WITNESSETH The Village and the Contractor, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, hereby agree as follows: 1. SCOPE OF SERVICES: The Village and the Contractor both hereby agree to enter into this Contract for Inspection of Water Storage Tanks, whereby the Contractor shall inspect and provide inspection reports for the Village's three (3) water storage tanks. Pursuant to the Contractor's May 21, 2015 correspondence, attached hereto as Exhibit A, the Village is authorized to piggyback on the Contractor's current contract with the City of West Palm Beach, Contract No. 12558, which was originally procured by the City of West Palm Beach in accordance with procedures that comply with the Village's procurement requirements. City of West Palm Beach, Contract No. 12558 is attached hereto as Exhibit B and is hereby incorporated into this Contract as if fully set forth. 2. COMPENSATION: Pursuant to Exhibits A and B, and in consideration for the above Scope of Services, pricing is as follows: 0.011 MG Effluent Storage Tank - $5,850.00 in accordance with pricing line item 1.1 of Exhibit B; 0.75 MG GST - $4,800.00 in accordance with pricing line item 10.2 of Exhibit B; 2.0 MG GST - $5,400.00 in accordance with pricing line item 5.2 of Exhibit B. The Village shall pay the Contractor within thirty (30) days of receipt of all final inspection reports, and an invoice documenting the amount due, in accordance with Exhibit A. 3. INSURANCE AND INDEMNIFICATION: The Contractor shall provide proof Page 1 of 4 r of workman's compensation insurance and liability insurance in such amounts as are specified on Exhibit B, shall name the Village as an "additional insured" on the liability portion of the insurance policy. The Contractor shall -at all times indemnify, defend and hold harmless the Village, its agents, servants, and employees, from and against any claim, demand or cause of action of whatsoever kind or nature, to the extent arising out of negligent error, negligent omission, negligent act, negligent conduct, or misconduct of the Contractor, his/her agents, servants, or T employees in the perfonmance of services under this Contract. 4. PUBLIC ENTITIES CRIMES ACT: As provided in Sec. 287.132 -133, Florida Statues, by entering into this Contract or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perfonn hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty -six (36) months immediately preceding the date hereof. This notice is required by Sec. 287.133(3)(a), Florida Statutes. 5. TERMINATION; NOTICE: This Contract may be tenninated by either party upon five (5) days written notice to the other party, in accordance with Exhibit B. Notice shall be considered sufficient when sent by certified mail or hand delivered to the parties at the following addresses: Village Contractor Village of Tequesta Crom Engineering & Construction Services 345 Tequesta Drive 6801 SW Archer Road Tequesta, Florida 33469 Gainesville, Florida 32608 Attn: Director of Utilities Attn: Jeffrey Malpass, President 6. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an employee of the Village. Both the Village and the Contractor agree that this Contract is not a contract for employment and that no relationship of Employee Employer or Principal Agent is or shall be created hereby nor shall hereafter exist by reason of the performance of the services herein provided. 7. ATTORNEY'S FEES: In the event a dispute arises concerning this Contract, the prevailing party shall be awarded reasonable attorney's fees. including fees on appeal as may be awarded bN a Court or Arbitor on a claim under this Contract Page 2 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Contract the date and year first above written. WITNESSES: CROM ENGIN41ZING & CONSTRi - C i ION SERVI VE',f � r yl, alpass, CEtS Division President President, & Assistant Secretary (Corporate Seal) VILLAGE OF TEQUESTA ATTEST: Mic ael Couzzo, Village Manager E 0 ` P 0 ' C T G S Lori McWilliams, MMC ` m' cr• _ Town Clerk Page 4 of 4 Ch. 2013 -15 LAWS OF FLORIDA Ch. 2013 -154 lieu of written agreements for classes of contractual services; revising terminology; creating s. 287.136, F.S.; requiring the Chief Financial Officer to perform audits of executed contract documents and to discuss such audits with the agency officials; requiring the agency head to respond to the audit; amending s. 287.076, F.S.; providing that Project Management Professionals training for personnel involved in managing outsourcings and negotiations is subject to annual appropriations; amending ss. 16.0155, 283.33, 394.457, 402.7305, 409.9132, 427.0135, 445.024, 627.311, 627.351, 765.5155, and 893.055, F.S.; conforming cross- refer- ences; providing effective dates. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 119.0701, Florida Statutes, is created to read: 119.0701 Con tracts; public records - M_ For puMoses t his section the te rm: (aL_ "Contractor" means an individual partnership. corporation, or business entity that enters intoa contract for services with a public agency and i a cting on behalf of the public agen as provided un der s. 119.011(2). (b) "Public agency" means a state, county, district authority, or muni- cipal officer, or department division board bureau, commission, or other separate unit of government created or established by law. (Z.__ In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that grdinarily and necessarily would be - required by the public agen in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the up blic agency wouldprovide the records and at a cost that does not exceed the cost provided in this chapte or as o therwise provided by law. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. idl _ Mee_t all r equirements _ for r etainin g public records and trans at no cost, to the public agency all public records in possession of the contractor Won termination of the contract and destroy apy duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agen in a forma _that is compati _ with th information technology systems of the public agency. 2 CODING: Words seer are deletions; words underlined are additions. Ch. 2013 -154 LAWS OF FLORIDA Ch. 2013 -154 (3) If .- contra does not comply with a public records request, the p ublic agency shall enforce the contr provisions in accordance with the contract. Section 2. Section 215.971, Florida Statutes, is amended to read: 215.971 Agreements funded with federal or and state assistance. — Pff An agency agreement that provides state financial assistance to a recipient or subrecipient, as those terms are defined in s. 215.97, or that provides federal financial assistance to a subrecipient, as defined by applicable United States Office of Management and Budget circulars, must the gr-eement shal include all of the following La-X44 A provision specifying a scope of work that clearly establishes the tasks that the recipient or subrecipient is required to perform.; –ate b�24 A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable must be directly related to the scope of work and must specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. "c A provision specifying the financial consequences that apply if the recipient or subrecipient fails to perform the minimum level of service required by the agreement The provision can be excluded from the agreement only if financial consequences are prohibited by the federal agency awardinE the grant _ Funds _ refunded to a state agency from a recipient or subrecipient for failure to perform as required under the agreement may be expended only in direct support of the program from which the a. aeement originated &.-- provision specifying that a recipient or subrecipient of federal or state financial assistance may expend funds only for allowable costs resulting from obligations incurred during the specified agreement ep riod. (e) A provision spedTing that _any- balance of unobligated funds which has been advanced or paid must be refunded to the state agency. (f) A provision spec Ting that any funds paid in excess of the amount to which the recipient or subrecipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. (gd Any additional information re quired pursuant to s. 215.97. (2) For each agreement funded with federal or state financial assistance, the state agency shall designate an employee to as a grant manager who shall be responsible for enforcing performance of the agreement's terms and and who shall serve as a liaison with the recipient or subrecipient. 3 CODING: Words str-ieken are deletions; words underlined are additions. ADDENDUM Public Records: In accordance with Sec. 1 1 9.070 1, Florida Statutes, the Contractor must keep and maintain this Agreement and any, - Other records associated therewith and that are associated with the performance of the Mork "'e in the Scope of Services. Upon request.. the Contractor must provide the public with access to such records in accordance with access and cost requirements of Chapter 1 19. Flc riaa Statwes Faj the Contractor shall ensure that any exempt or confidential records associa'.e� \klih this Agreement or associated with the performance of the work described ire the Scope of Seix•ices are not disclosed except as authorized by iayv. Finally. the Contractor �d all retain the records described in this paragraph t1]roughout the perforniarice of the lyork detiirlt5cd l,"'_ the Scope of Ser4'ices. and at the conclusion of said work. transfer to the Village. at no � -,st to the Vdlla'ce. all such records in the possession of the Contractor and destroy any duplicates 1.hereo;. Records that are stored electronically must be transferred to the Villagle in a fornid-L that is compatible wi th the Village's information technology systems.