HomeMy Public PortalAboutRichard Howard-Backflow Assemble TestingCITY OF CRESTVIEW, FLORIDA
CONTRACT
BACK FLOW ASSEMBLE TESTING AND REPAIR
CONTINUING SERVICES CONTRACT
On June 10, 2013, the CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA, herein referred to as the City,
accepted the bid of Richard Howard, herein referred to as the Contractor, to supply Backflow Prevention Assembly
Testing and Repair services for the City projects. The Contractor's Cost schedule for the terms of their engagement are
included in their entirety by reference at Exhibit "A" and as completely as if incorporated herein.
TERMS AND CONDITIONS OF CONTRACT FOR THE BACK FLOW ASSEMBLE TESTING AND
REPAIR SERVICES CONTRACT:
1. Entire Contract:
This Contract represents the entire and integrated Contract between the City and Contractor and supersedes all prior
negotiations, representations or contracts, either written or oral. Provisions of this Contract may be amended only by
written instrument approved by the Crestview City Council and signed by the Mayor.
2. Intent of Contract:
This contract is for supplying the City with all applicable Backflow Prevention Testing and Repair work for the City
projects. The Scope of Work, herein referred to as the Work, encompasses the foregoing and all descriptive work
components described within "Exhibit A."
3. Term of Contract and Time Extensions:
This contract will be in effect for 1 year(s) beginning June 17, 2013, through June 17, 2014, and is for supply the City
with Backflow Testing and Repair services.
4. Time for Performance:
The Contractor agrees to provide Backflow Testing and Repair services as required for the satisfactory approval and
acceptance by the City.
5. Compensation:
All payments upon contract are contingent upon the Contactor'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
Contract and the Contractor's Cost Schedule as identified herein. (Schedule A)
6. Changes in the Work:
The City shall have at the right at any time during the progress of the Work to increase or decrease the Work.
No additions 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.
7. Insurance:
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 as outlined in the Bid Documents, 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 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 City 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.
8. Indemnification:
Contractor shall indemnity, defend and save, and hold the City, its agents, officers and employees, harmless of and from
any losses, fines, penalties, costs, damages, claims, demands, suits, and liabilities of any nature, including reasonable
attomey's fees (including regulatory and appellate fees), arising out of, because of, or due to any accidents arising in any
manner on account of the exercise or attempted exercise of Contractor's rights hereunder whether the same regards person
or property of any nature whatsoever, regardless of the apportionment of negligence, unless due to the sole negligence of
the City.
9. Licensing:
The Contractor shall obtain all permits and maintain at his 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 or fees beyond their control.
10. Cancellation:
This contract may be canceled by the City with a 30 day written notice or by the Contractor with a 90 day written notice
and is contingent upon the annual appropriation by the City of legally available funds. The City's obligation to pay the
amount due hereunder in any fiscal year is contingent upon the appropriation by the City Council of legally available
funds for the purpose set forth in this contract.
11. Performance of Work/Responsibilities:
For each task, the Contractor will be issued a work order by the City's Public Services Director or designee. The Public
Services Director or designee will issue verbal work orders only in emergency situations. The Contractor shall commence
work in a reasonable length of time and shall complete the work in a expeditious manner. In emergency situations, the
Contractor shall endeavor to commence work immediately. All work shall be done under the supervision of the City's
Public Services Director or designated representative. The performance of Work and responsibilities hereto are outlined
and made a part hereof in Exhibit "A".
12. Termination for Default
The Contract will remain in force for the full period specified and until the City's Public Services Director or his designee
determines that all requirements and conditions have been satisfactorily met and the City's Public Services Director or his
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's Public Services Director 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.
In the event the City's Public Services Director decides to terminate this contract for the Contractor's failure to perform
satisfactorily or meet its other responsibilities under the Contract, the City's Public Services Director 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's Public
Services Director.
Upon Contract termination for the Contractor's failure to provide satisfactory contract performance, the Contractor will be
entitled to receive compensation for Contract service satisfactorily performed by the Contractor and allocable to the
Contract and accepted by the City's Public Services Director or his designee prior to such termination. However, an
amount equal to all additional costs required to the 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's Public Services Director terminates the Contract.
Except as otherwise directed by the City's Public Services Director, in the case of termination for default (in which event
the Contractor may be entitled to cure, at the option of the City's Public Services Director), 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 be a termination for convenience.
13. Termination for Convenience:
The performance of work under this Contract may be terminated by the City's Public Services Director in whole or in part
whenever the City's Public Services Director, in his discretion, determines that the termination is in the City's best interest.
Any such termination shall be effected by the City's Public Services Director 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 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 and settle all outstanding liabilities and claims.
14. Disclosure:
Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working
solely for the Contractor to solicit or secure this Contract and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the Contractor, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract.
15. Miscellaneous
15.1 Governing Law
The parties intend that this Contract and the relationship of the parties shall be governed by the laws of the State of
Florida. Venue for any action arising out of this contract shall be in Okaloosa County, Florida, and nowhere else. The
Contractor shall indemnify and save harmless the City against all liens and claims of mechanics and materialman
furnishing labor and materials in the performance of this Contract.
15.2 Severability
If any section, subsection, term or provision of this Contract or the application thereof to any party or circumstance shall,
to any extent, be invalid or unenforceable, the remainder of said section, subsection, term or provision of this Contract or
the application of same to parties or circumstances other than those to which it was held invalid or unenforceable, shall
not be affected and thereby each remaining section, subsection, term or provision of this Contract shall be valid or
enforceable to the fullest extent permitted by law.
15.3 Sovereign Immunity
The parties further agree, nothing contained herein is intended nor shall be construed to waiver the City of Crestview's
rights and immunities under the Florida Constitution, common law, or Florida Statutes 768.28, as amended from time to
time.
15.4 Construction
The Parties have participated jointly in the negotiation and drafting of this Contract. In the event an ambiguity
or question of intent or interpretation arises, this Contract shall be construed as if drafted jointly by the Parties and no
presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any provision
of this Contract.
15.5 Attorney's Fees
In any dispute relating to this Contract, each party shall be responsible for their respective attorney's fees and costs.
15.6 Notices
All notices under the Contract shall be in writing and shall be effective when mailed by certified mail, return receipt
requested, or when delivered personally, as provided hereafter, or to such other addresses as may be designated by notice:
As to the City:
Wayne Steele, Director
City of Crestview
715 N. Ferdon Blvd
Crestview, Fl 32536
IN WITNESS THEREOF, The City hereunto caus
name and seal, this the '201-4-•- day of
ATTEST
Elizabeth M. Roy
City Clerk
dstastth),Lviet&i,
Witness
As to the Contractor:
7
3 31 '-l-e,rA rye
O(e s-ro L A2539
these presents to be subscribed and the Contractor has affixed their
, 2013
CITY CRESTVIEW
f
By: o
DAVID CADLE
Mayor
4extte
SEAL
'2QAQ
CONTRACTOR
By:
(Signature)
?)c-kite, ge) c.-4_)cz-Z
(Printed Name)
Its:
(Title)
Appendix A
Contract Terms
Backflow Prevention Testing and Repair
&(ilar d ereafter know as the Contractor, agrees to perform
the operations on Backflow prevention testing and repair, for the agreed
upon price of $40.00 per event. This work will be performed on a piece
work basis, and is subject to scheduling and approval by the City of
Crestview Public Services Department.
CERTIFICATE OF RESPONDER
BACKFLOW PREVENTION ASSEMBLY TESTING AND REPAIR
RFQ 13-0530
RESPONSE SUBMITTED BY:
Name: VS. i C'.\\ ; T�� ��C, t_3 cat d"
By:
Its:
Address:
Mailing Address (If different):
City. State and Zip Code: (.r L. 77--)
Telephone No: ,.,'
Email Address: _,;j�- ��� 2.C1rA A\Aoc.
' •J
7 r7
1 certify that 1 am affiliated with the above noted responder and authorized to submit this response and enter
into negotiations and, if selected, contract with the City of Crestview for the responder to perform backflow
prevention assembly testing and repair. The attached submission is in response to the subject Request for
qualifications. I further certify that the responder is able to comply with the insurance requirements of the City,
and commits to obtain all necessary licenses and permits as required by the State of Florida, City of Crestview
or any other lawful authority when called upon to do so.
1 certify that the response submitted is a genuine and not a sham or collusive response, nor is it made in the
interest of any party not therein named. 1 further responder has not directly or indirectly induced or solicited
any other responder to the subject request to put in a sham response, or refrain from responding. I further
certify that responder has not directly or indirectly sought by collusion to secure to the responder, an advantage
over other responders or prospective responders.
I further certify that regarding the administration of public funds, whether federal, state or local, neither
responder nor any party in a controlling capacity associated with responder: is currently under suspension,
debarment, voluntary exclusion, or determined ineligible by any public agency; has a proposed debarment
pending; nor has been indicted, convicted or had a civil judgment rendered against responder or other party, by
a court of competent jurisdiction in any matter involving fraud or official misconduct, except as reported below.
I further certify that responder is not on the Florida Department of Environmental Protection list of ineligible
contractors/vendors.
Exceptions noted:
Responder:
By:
Its:
Date: c; . 5r. 1 1
Statement of qualifications & references attached.
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Center for Training, Research and Education for Environmental Occupations
certifies that
Richard Howard
has satisfactorily completed the
examinations for
Backflow Prevention Tester Re -certification
Certificate of Completion
Date issued: 11/20/2012
Certificate No.: D11-12-5134
Valid Through: 11/30/2014
Operator Certification Program
Course#: 041310046
CEL" s: 0.70
November 20, 2012
FBPR Construction Licensing Board
Sponsor No.: 0000995
Course No.: 0000710
Classroom Hours: 7
Carol Hinton, Associate Director
University of Florida TREE,° Center s 3900 SW 63 Boulevard e Gainesville, FL 32608-3800 0 352-392-9570 m www.treeo.utl.edu
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830
6ercai Number 11826006
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Due Date
8 September 2013
P.O. Number
Credit Card
Temp/Humidity 74°F 68% Customer
Rick Howard
Calibration Locution PM! Customer Number
n/a
As found condition and calibration results:
Received in tolerance, left as found. No defects noted.
Calibration Procedure:
33K6-4-275-1
Calibration Standards
Manufacturer
Model
Serial Number
Date Due Cal:
Crystal
XP2i
2114
11 Oct 13
Druck
PV411
2115
NCR
This instrument has been calibrated to the published specifications using standards traceable to the National
Institute of Standards and Technology (NIST). Reported Uncertainties or "test Uncertainty ratio" (TUR's) are
expressed and expanded uncertainty values at approximately 95% confidence levels using a coverage factor of
K-2. A TUR ratio of 4:1 is used unless otherwise stated. PMI's standard operating procedures conform to the
requirements of ANSI/NSCL Z540-2-1997 and ANS/ISOAEC 17025
issuing Official:
yq�.;n,v c+:Fi'�.clf'S,t;Ltlii
Certification Date: 8 September 2012
• f-'S9100/1 0 0001 Certified Fhorke: 850-862-2200 Fax 850-301-0350
''�`R E® G ;TIFICATE Or LIABILITY IN LANCE
DATE 06/19/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
THE HOLLOWAY AGENCY
168 WEST WOODRUFF AVE
CRESTVIEW, FL 32536
CONTACT
NAME:
(AICNNo. Exdk 850-682-1900 AM Nor 850-682-7071
�nDsess: golffishsing@yahoo.com
INSURER(S) AFFORDING COVERAGE
NAIL /
INSURER A: SOUTHERN -OWNERS INSURANCE CO
INSURED
RICK HOWARD DBA, RICK'S BACKFLOW PREVENTION
5337 FORD ST.
Crestview FL 32539
INSURER B :
INSURER C:
INSURER D :
INSURER E :
INSURER F
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
LIMBS
A
X
COMMERCIAL GENERAL LIABILITY
X
12-0342-00
06/19/2013
06/19/2014
EACH OCCURRENCE
$ 300000
CLAIMS -MADE
X
OCCUR
DAMAGE TO RENTED
PREMISES (Ea commence)
$ 100000
MED EXP (Any one person)
$ 5000
PERSONAL 6 ADV INJURY
$ 300000
GEN'L
AGGREGATE
LIMIT APPLIES
PECT
PER:
LOC
GENERAL AGGREGATE
$ 300000
PRODUCTS - COMP/OP AGG
$ 300000
$
AUTOMOBILE
_
_
LIABILITY
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
SCHEDULED
AUTOS
NON -OWNED
AUTOS
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
$
UMBRELLA LIAB
EXCESS UAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
DED
RETENT ON $
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE ❑
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
PER
STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace Is required)
CITY OF CRESTVIEW IS ENDORSED AS ADDITONAL INSURED
CERTIFICATE HOLDER
CANCELLATION
CITY OF CRESTVIEW
198 N. WILSON ST
CRESTVIEW, FL 32536
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHO IIZE2E?RESENTATIVE
1988-2013 • CORD CORPO ION. All rights reserved.
ACORD 25 (2013/04) The ACORD name and logo are registered marks of ACORD