Key Largo Wastewater Treatment District Board of Commissioners Meeting Agenda Item Summary

Transcription

1 Key Largo Wastewater Treatment District Board of Commissioners Meeting Agenda Item Summary Meeting Date: Agenda Item Number L-3 January 22, 2019 Agenda Item Type: Information / Presentation Agenda Item Scope: Review / Discussion Recommended Action: Action: Approval Department: Operations Sponsor Ed Castle Subject: Intent to Award - Buffer Tank Agreement Overseas Highway Summary of Discussion: Staff to request the authorization to award a contract to J.A. LaRocco for the installation of a buffer tank at Overseas Highway to service the new development of the Key Largo Baptist Church. Reviewed / Approved Operations: Administration: Finance: District Counsel: District Clerk: Engineering: Financial Impact $ 0.00 Expense Funding Source: Reimbursed by Customer Budgeted: N/A Attachments 1. Job Agreement No J.A. LaRocco Estimate 3. Page Excavating Estimate Approved By: ^ General Manager Date: 22

2 Key Largo Wastewater Treatment District Overseas Highway, Key Largo, FL Post Office Box 491, Key Largo, FL Phone (305) Fax (305) Job No: - This Contract is a Small Project Contract as defined in the KLWTD Procurement Policy and does not exceed $10,000. This Contract exceeds $10,000 and requires final acceptance of the District s Board of Commissioners. This Contract qualifies as an Emergency Contract as defined in the KLWTD Procurement Policy and exceeds $10,000. A memorandum of explanation must be attached. AGREEMENT THIS AGREEMENT is made this day of, 20, by and between the following parties: PARTIES: The Key Largo Wastewater Treatment District (the District), whose address is: PO Box 491, Key Largo, FL 33037, and Name of Contractor :, whose address is: STATEMENT OF WORK TO BE PERFORMED: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Contractor agrees to perform the following work: All work shall be completed within calendar days of this Agreement or the District may be entitled to damages as provided by the terms of this Agreement. Page 1 of 4 23

3 CONSIDERATION: For and in consideration of the work to be performed by Contractor, the District agrees to pay Contractor the following sums at the following times or under the following conditions: Total Amount to be paid to Contractor: When payment is to be made (date and/or conditions of payment): Payment shall be made upon satisfactory completion of work due under this Agreement. Payment is to be made under the following schedule and conditions: INDEPENDENT CONTRACTOR: Contractor shall perform any and all work due under this Agreement as an independent entity. It is explicitly understood and agreed that Contractor, its employees, agents, and representatives are not employees of the District. No part of this Agreement shall be construed to establish an employer/employee relationship between the District and Contractor. AUTHORITY TO CONTRACT AND SUBCONTRACT: Contractor shall have no authority to incur any obligations or liabilities on behalf of the District. Contractor shall not enter into any subcontracts, other than those described herein, without obtaining prior written approval from the District. Should Contractor obtain prior written approval to enter into a subcontract with a qualified provider of services, the Subcontractor shall acknowledge the binding nature of this Agreement and incorporate this Agreement, with attachments, into the subcontract. RESPONSIBILITY FOR NEGLIGENCE OF EMPLOYEES AND SUBCONTRACTORS: Contractor agrees to assume full responsibility for the acts or omissions of its employees on the project, for those of its Subcontractors and their employees, and for all other persons doing work under a contract with Contractor. TERMINATION: This Agreement may be terminated by mutual consent of the parties in writing and delivered by certified mail or in person. Upon delivery of written notice to Contractor, the District may immediately terminate the whole or any part of this Agreement if: a. The Contractor fails to provide services called for by this Agreement within the time specified herein, or any extension thereof; Page 2 of 4 24

4 b. Contractor fails to comply with any provision of this Agreement, and after receipt of written notice from the District, fails to correct such deficiencies in performance within ten (10) days or such longer period as the District may authorize. Should the District terminate this Agreement due to Contractor s breach, at the District's option, Contractor shall immediately refund to the District, as liquidated damages, payments made by the District to Contractor to cover the District s costs to complete performance under this Agreement. The rights and remedies of the District provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. COMPLIANCE WITH LAWS AND REGULATIONS: Contractor shall comply with all laws and ordinances, and the rules, regulations, or orders of all governmental authorities relating to the performance of the work. If any of the Agreement documents are at variance with any such requirements, the Contractor shall notify the District promptly on discovery of the variance. INDEMNITY AND HOLD HARMLESS AGREEMENT: Contractor agrees to indemnify and hold harmless the District, its agents and its employees, from and against all claims, damages, losses, and expenses, arising out of Contractor's performance of the work, for bodily injury, illness, or death, or for property damage, including loss of use, caused in whole or in part by Contractor's negligent act or omission, or that of a Subcontractor, or that of anyone employed by them or for whose acts Contractor or the Subcontractor may be liable. NOTICES: All notices, certificates or other communications shall be deemed to have been given when delivered or mailed by ordinary mail, postage prepaid, to the parties at their respective places of business as previously set forth herein, or any other place designated in writing by the parties. WAIVER: The failure of the District to require performance of any provision shall not affect the District's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default. ENTIRE UNDERSTANDING: This Agreement, along with any exhibits attached hereto, represents the entire understanding between the parties; and any representations, inducements, promises, or agreements, oral or otherwise, entered into prior to the execution of this Agreement are null and void. In the event of any inconsistency between the provisions of this Agreement and any provision of the Statement of Work or any other documents attached hereto, the provisions of this Agreement shall control. The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended, in any manner whatsoever, except by written instrument signed by the parties. Page 3 of 4 25

5 APPLICABLE LAW AND FORUM SELECTION: This Agreement shall be governed by and construed according to the laws of the State of Florida and venue shall be proper exclusively in Monroe County, Florida. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. ATTORNEYS FEES If suit is brought by either party to enforce this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party reasonable attorneys fees and costs of suit. IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate on the day and year first above written. KEY LARGO WASTEWATER TREATMENT DISTRICT: : By: By: Peter Rosasco, KLWTD General Manager (Print Name and Title) Date: Date: Approved as to form and legal sufficiency. By: Nicholas W. Mulick, KLWTD General Counsel Date: Page 4 of 4 26

6 J.A. LaRocco Enterprise, Inc. EXCAVATING TRENCHING PAVING OVERSEAS HWY o KET LARGO FL o (305) o FAX (305) January 4, 2019 VIA KLWTD Key Largo Wastewater Treatment District PO Box491 Key Largo, FL Laura.weinstock@klwtd.com As per your request, we are pleased to provide a price for the installation of a new buffer tank at Overseas Highway - Key Largo Baptist Church. $ 18, Includes: Trenching and installation of one ( 1) single buffer tank provided by others Installation of buffer tank extension Installation of one ( 1) cleanout Installation of one ( 1) dedicated air intake Backfilling and compaction to FDOT specifications Asphalt repair Connection to 10" vac main and 3" piping from buffer tank to main. Notes: a. This proposal is based on performing all work as outlined, with one ( 1) mobilization to project site. Any deviation from proposed scope of work and/or additional mobilizations will affect price quoted. b. Interior air-vac parts for the buffer tank are not included. c. Any/all permits and/or associated fees are not included. d. Scope of work is explicitly described, therefore, any omissions in the exclusions does not constitute any additional scope of work on our behalf. Any alterations regarding our scope of work could result in price adjustments. e. Conflicts with any unmarked utilities may result in additional fees. f. This proposal is valid for thirty (30) days only. Approved I Accepted by: Date Sincerely, J.A. LaROCCO ENTERPRISE, INC. Brian Conover 27

7 Estimate Page Excavating 156 Pueblo Street Tavernier, FL Office Phone: (305) Estimate Number: Estimate Date: Payment Terms: Estimate Amount: Created By: E /03/ 2019 Due On Receipt 19, Mark Page Billing Address Key Largo Waste Water District Coconut Drive Key Largo, FL Shipping Address Key Largo Waste Water District Coconut Drive Key Largo, FL Item# I tern Name Job# Overseas Hwy Supply and install concrete buffer tank as per plan Install cleanout and breather Restore pavement and area Quantity Unit Price Taxable Total , , , , , , Subtotal: $ 19, Estimate Amount $ 19,