Okaloosa County BOCC — November 16, 2013 — City of Destin Final Payment Package — reading text

COUNCIL OF THE CITY OF DESTIN, FLORIDA, herein referred to as the City, accepted the bid of WATERFRONT PROPERTY SERVICES, LLC DBA GATOR DREDGING, berein referred to as the Contractor, for Emergency Old Pass Lagoon Channel Dredging as stated in Section II. Scope of Work of the City of Destin RFB No. 13-15-PS, and the RFB Bid Form summarizing the Contractor's bid submittal. RFB No. 13-15-PS and the Contractor's bid response are included in their entirety by reference at Exhibit “A” and as completely as if incorporated herein. TERMS AND CONDITIONS OF CONTRACT FOR RFB NO. 13-15-PS, EMERGENCY OLD PASS LAGOON CHANNEL DREDGING IN DESTIN HARBOR 1. Entire Agreement: This Contract represents the entire and integrated Contract between the City and Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. Provisions of this Contract may be amended only by written instrument approved by the Destin City Council and signed by the City Manager and Contractor. 2, Intent of Contract: This Contract is for the dredging of the Old Pass Lagoon Navigational Channel described as RFB NO. 13- 15-PS, EMERGENCY OLD PASS LAGOON CHANNEL DREDGING IN DESTIN HARBOR, consisting of dredging approximately 10,000 CY of material from the channel and placing it on Norreigo Point. The Scope of Work, herein referred to as the Work, encompasses the foregoing and all descriptive work components described within Exhibit “A” for RFB No. 13-15-PS 3. Term of Contract and Time Extensions: ‘Time is of the essence in the performance of the Work under the Contract. Contractor shall commence the Work no later than 2 days from receipt of Notice to Proceed. Permitting is mandatory, but no work shall be performed by the Contractor prior to the Commencement Date established within the Notice to Proceed. Contractor shall provide notice as may be required within the technical specifications and permits, attached hereto and made a part hereof, to all regulatory agencies or parties having jurisdiction or interest in this contract. Contractor shall diligently pursue the completion of the Work and shall be solely responsible for all construction means, methods, techniques, sequences and procedures, as well as coordination of all portion of the Work under the Contract. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of the Contractor, and not due to its fault or neglect, including but V Publis Services Dep Bid doce Contact 12 18 PS Gater Dredge dee not restricted to acts of nature or the public enemy, acts of government, fires, floods, epidemics, quarantine regulations, strikes or lockouts, Contractor shall notify the City in writing within forty-eight (48) hours after the commencement of such delay, stating the causes thereof or be deemed to have waived any right which Contractor may have to request a time extension. 4. Time for Performance and Liquidated Damages: The Contractor agrees to schedule and complete all authorized Work for the satisfactory approval and acceptance by the City not Jater than May 24, 2013. City and Contractor recognize that since time is of the essence for this Contract, the City will suffer financial loss if the Work is not completed and approved within the time specified. Should the Contractor fail to complete the Work within the time period noted above, the City shall be entitled to assess, as liquidated damages, but not as a penalty, $0 for each calendar day thereafter until completion is achieved to the satisfaction and acceptance of the City. 5. Compensation: All payments upon contract are contingent upon the Contractor's Work being acceptable to the City. For satisfactory completion and acceptance of the Work, the City agrees to pay the Contractor in accordance with the terms of this Agreement and the Contractor’s Cost Schedule as identified in the Bid Form submitted by the Contractor, as may have been adjusted at the time of contract approval, and incorporated herein. For purposes of this Contract, total compensation sum shall be $187,000.00. In no instance shall the City pay more than ninety-percent (90%) of the total contract sum until their acceptance of the Work. In the event the City agrees to progress payments on the contract, Contractor shall be entitled to not more that two payment applications per month utilizing the payment application form attached as Exhibit “B.” An executed and notarized copy of the Release and Affidavit attached as Exhibit "C" shall be supplied prior to release of each progress and the final payment. 6. Changes in the Work: City shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after having being notified of a change, Contractor shall submit an itemized estimate of any cost and/or time increases or savings it foresees as a result of the change. No addition or changes to the Work shall be made except upon written order of the City and the City shall not be liable to Contractor for any increased compensation without such written order. No officer, employee or agent of the City is authorized to direct any extra or changed Work orally. A change order, in the form attached as Exhibit “D” shall be issued and executed prompily after an agreement is reached between the Contractor and City concerning any requested changes as detailed by the itemized estimate. Contractor shall promptly perform changes authorized by duly executed change orders 7. Bonds: The Contractor shall provide at its expense Performance and Payment Bonds in the amount of 100% of the Total Contract Price stated in Section 5. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to the City; provided, however, the surety shall be rated as "A" or better. 8. Insurance: V Pabhie Services DeptiBid docs. W115 PS Gator Diedge dow Contractor shall, during the performance of the contract, maintain Worker's Compensation Insurance sufficient to secure benefits of the Florida Workmen's Compensation Law for all employees and any of the work sublet to any vendor or subcontractor, Comprehensive General Liability Insurance, Auto Liability Insurance, Builder's Risk Insurance, all with companies and in the form and amounts acceptable to the City. Said certificates of insurance of contractor are attached hereto and made a part hereof by reference. If any part of the work is sublet, similar insurance shall be provided by and in behalf of any subcontractors. Evidence of Insurance: Contractor shall provide the Ci ity Certificates of Insurance naming the City as an additional insured, All binders, policies, or certificates of insurance shall provide for at least ten days notice from insurers to the City of any cancellation or amendment to any of the insurance policies. 9. Licensing: The Contractor shall obtain all permits and maintain at its expense all professional and business certificates and licenses required by law and as necessary to perform services under this Contract. If Contractor performs any Work without obtaining, or contrary to, permits and licenses, Contractor shall bear all costs arising therefrom. The City may waive fees for City controlled permits, but in no instance can the City waive permit requirements nor fees beyond their control. 10, Cancellation: City reserves the right to cancel this Contract prior to issuance of Notice to Proceed, MW. Performance of Work/Responsibilities: The performance of Work and responsibilities hereto are outlined and made a part hereof as identified in Exhibit "A," which includes the following exhibits, attached in their entirety and as completely as if incorporated herein: Exhibit "A-]": Request for Bids No 13-15-PS, EMERGENCY OLD PASS LAGOON CHANNEL DREDGING IN DESTIN HARBOR, inclusive of Attachment #3 thereto, Technical Specifications and Construction Drawings dated April 2013. Exhibit "A-2": (Contractor's), Bid Form, Bond and Information Submittal 12. Final Payment: The Contractor shall as an explicit condition precedent for final payment, furnish the City with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit "C," as well as a duly executed copy of the Surety's Consent to Final Payment and such other documentation that may be required by the Contract or the City. 13. Termination for Default: The Contract will remain in force for the full period specified and until the City Manager or his/her designee determines that all requirements and conditions have been satisfactorily met and the City Manager or his/her designee has accepted the work under the Contract Documents following the initial contract terms and all subsequent contract terms, including warranty and guarantee periods, However, the City Manager will have the right to terminate this Contract sooner if the Contractor has failed to perform satisfactorily the work required or comply with the other requirements of the Contract. Public Services Dept Bid dacs\Contract 3 18. PS Gator Dredge doe In the event the City Manager decides to terminate this Contract for the Contractor's failure to perform satisfactorily or meet its other responsibilities under the Contract, the City Manager will give the Contractor five (5) days’ notice, whereupon the Contract will terminate, unless during the notice period the Contractor cures the failure to perform or meets its other responsibilities under the Contract to the satisfaction of the City Manager. Upon Contract termination for the Contractor's failure to provide satisfactory contract performance, the Contractor will be entitled to receive compensation for Contract services satisfactorily performed by the Contractor and allocable to the Contract and accepted by the City Manager or his/her designee prior to such termination. However, an amount equal to al] additional costs required to be expended by the City to complete the Work covered by the Contract, including costs of delay in completing the project, shall be either subtracted from any amount due or amount charged to the Contractor in the event the City Manager terminates the Contract. Except as otherwise directed by the City Manager, or in the case of termination for default (in which event the Contractor may be entitled to cure, at the option of the City Manager), the Contractor shall stop work on the date of receipt of the notice or other date specified in the notice, place no further orders or subcontract for materials, services, or facilities except as are necessary for the completion of such portion of the work not terminated, and terminate all contractor and subcontracts and settle all outstanding liabilities and claims. In the event that any termination for default shall be found to be improper or invalid by any court of competent jurisdiction, then such termination shall be deemed to have been a termination for convenience, 14. Termination for Convenience: The performance of work under this Contract may be terminated by the City Manager in whole or in part whenever the City Manager, in his/her discretion, determines that such termination is in the City's best interest. Any such termination shall be effected by the City Manager giving at least five (5) days’ notice to the Contractor, specifying the extent to which performance of the work under this Contract is terminated and the date upon which such termination becomes effective. As to termination for convenience, after receipt of the date of termination, the Contractor shall stop all work as specified in the notice; place no further orders or subcontract for materials, services, or facilities except as are necessary for the completion of such portion of the Work not terminated; immediately transfer all documentation and paperwork for terminated work to the City; and terminate all contractors and subcontracts