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SECTION 00520 - AGREEMENT 66 ✓ 02"(C2>
TABLE OF CONTE !ITS
Ti le Page
ARTICLE1 - WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE2 - THE PROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE3 - ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE4 - CONTRACT TIMES . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE5 - CONTRACT PRICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 3
ARTICLE6 - PAYMENT PROCEDURES. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . 3
ARTICLE7 - INDEMNIFICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . 4
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . 4
ARTICLE9 - CONTRACT DOCUMENTS . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . 5
ARTICLE10 - MISCELLANEOUS . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ME REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLYI
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SECTION 00520 - AGREEMENT
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the
State of Florida organized and existing under the Laws of the State of Florida , (hereinafter
called OWNER)
and Cone & Graham. Incel Tamps. FL
(hereinafter called CONTRACTOR) .
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth ,
agree as follows:
ARTICLE 1_WORK
1 . 01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents, The Work is generally described as follows:
Construction of roadway and bridge to serve as driveway access to proposed
Administration Building ,
ARTIC2= THE
2. 01 The Project for which the Work under the Contract Documents may be the whole or
only a part is generally described as follows:
Project Name: "Roadway Improvement Plans for Indian River County Administration
Building"
ENGINEER'S PROJECT NUMBER #47600000
Project Address: South side o t10 bmmen US 1 S 27t ' Ave.
ARTICLE 3 — ENGINEER
3. 01 Kimley-Hom & Associates, Inc. is hereinafter called the ENGINEER and have the
rights and authority assigned to ENGINEER in the Contract Documents in connection with the
completion of the Work in accordance with the Contract Documents. Steve Blum, Project
Manager will act as OWNER's representative.
ARTICLE 4 - CONTRACT TIMES
4 . 01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion , and completion and
readiness for final payment as stated in the Contract Documents are of the essence of
the Contract.
w.
4 . 02 Days to Achieve Substantial Completion and Final Payment
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A. The Work will be substantially completed on or before the 180th day after the date
when the Contract Times commence to run as provided in paragraph 2 . 03 of the
General Conditions (and Supplementary Conditions if applicable) , and completed and
ready for final payment in accordance with paragraph 14. 07 of the General Conditions
(and Supplementary Conditions if applicable) on or before the 2.10' day after the date
when the Contract Times commence to run .
4. 03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement
and that OWNER will suffer financial loss if the Work is not completed within the times
specified in paragraph 4 . 02 above, plus any extensions thereof allowed in accordance
with Article 12 of the General Conditions (and Supplementary Conditions if applicable) .
The parties also recognize the delays, expense, and difficulties involved in proving in a
legal proceeding the actual loss suffered by OWNER if the Work is not completed on
time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR
agree that as liquidated damages for delay (but not as a penalty) , CONTRACTOR shall
pay OWNER $500.00 for each calendar day that expires after the time specified in
paragraph 4 . 02 for Substantial Completion until the Work is substantially complete .
After Substantial Completion , if CONTRACTOR shall neglect, refuse, or fail to complete
the remaining Work within the Contract Time or any proper extension thereof granted
by OWNER, CONTRACTOR shall pay OWNER $300 . 00 for each calendar day that
expires after the time specified in paragraph 4 . 02 for completion and readiness for final
payment unfit the Work is completed and ready for final payment.
ARTICLE 5 - CONTRACT PRICE
5 . 01 OWNED shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents, an amount in current funds equal to the sum of the amounts
determined pursuant to paragraph 5 . 01 .A and summarized in paragraph 5 . 01 . 8 , below:
A. For all Work, at the prices stated in CONTRACTOR's Bid , attached hereto as an
exhibit.
B . THE CONTRACT SUM subject to additions and deductions provided in the Contract: :
Numerical Amount: K498619_0
Written Amount: One Million Fou,urr Hundred Ninety Right Thousand Six
Hundred Nineteen Dollars and Fifhr Cents
ARTICLE 6 = PAYII�ENT PROCEDURES
6 . 01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of
the General Conditions (and Supplementary Conditions if applicable) . Applications for
Payment will be processed by ENGINEER as provided in the General Conditions (and
Supplementary Conditions if applicable) .
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6 . 02 Progress Payments, Retainage
A. OWNER shall make progress payments on account of the Contract Price on the basis
of CONTRACTOR's Applications for Payment at intervals not less than once each
month during performance of the Work as provided in paragraph 6 . 02 .A. 1 below. All
such payments will be measured by the schedule of values established in paragraph
2 . 07 .A of the General Conditions (and Supplementary Conditions if applicable) (and in
the case of Unit Price Work based on the number of units completed) or, in the event
there is no schedule of values, as provided in the General Requirements:
1 . Progress payments will be made in an amount equal to the percentage indicated
below but, in each case, less the aggregate of payments previously made and less
such amounts as ENGINEER may determine or OWNER may withhold , in
accordance with paragraph 14 . 02 of the General Conditions (and Supplementary
Conditions if applicable) :
a . Ninety percent (90%) of Work completed (with the balance being retainage);
and
b. Eighty percent (80%) of cost of materials and equipment not incorporated in the
Work but stored on the Project site (with the balance being retainage) .
6 . 03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with paragraph 14 . 07
of the General Conditions (and Supplementary Conditions if applicable) , OWNER shall
pay the remainder of the Contract Price as recommended by ENGINEER as provided in
said paragraph 14 . 07 .
ARTICLE 7 as INDEMNIFICATION
7 . 01 CONTRACTOR shall indemnify . OWNER , ENGINEER, and others in accordance with
paragraph 6 . 20 (Indemnification) of the General Conditions (and Supplementary
Conditions if applicable) to the Construction Contract,
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8 . 01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the
other related data identified in the Bidding Documents .
Be CONTRACTOR has visited the Site and become familiar with and is satisfied as to the
general , local , and Site conditions that may affect cost, progress, and performance of
the Work.
Be CONTRACTOR is familiar with and is satisfied as to all federal , state, and local Laws
and Regulations that may affect cost, progress, and performance of the Work.
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Co CONTRACTOR has carefully studied all: ( 1 ) reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous to
the Site (except Underground Facilities) which have been identified in the
Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions
and (2) reports and drawings of a Hazardous Environmental Condition , if any , at the
Site which have been identified in the Supplementary Conditions as provided in
paragraph 4. 06 of the General Conditions.
E . CONTRACTOR has obtained and carefully studied (or assumes responsibility for
having done so) all examinations, investigations, explorations, tests, studies, and data
concerning conditions (surface , subsurface, and Underground Facilities) at or
contiguous to the Site which may affect cost, progress, or performance of the Work or
which relate to any aspect of the means, methods , techniques, sequences, and
procedures of construction to be employed by CONTRACTOR , including applying the
speck means, methods, techniques, sequences, and procedures of construction , if
any , expressly required by the Contract Documents to be employed by CONTRACTOR,
and safety precautions and programs incident thereto
F . CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work at
the Contract Price, within the Contract Times, and in accordance with the other terms
and conditions of the Contract Documents,
G . CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the Site that relates to the Work as indicated in the Contract Documents.
H . CONTRACTOR has correlated the information known to CONTRACTOR, information
and observations obtained from visits to the Site , reports and drawings Identified in the
Contract Documents, and all additional examinations, investigations, explorations ,
tests, studies, and data with the Contract Documents,
I . CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities,
or discrepancies that CONTRACTOR has discovered in the Contract Documents , and
the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
J . The Contract Documents are generally sufficient to indicate and convey understanding
of all terms and conditions for performance and furnishing of the Work.
ARTICLE 9 - CONTRACT DOCUMENTS
9. 01 Contents
A. The Contract Documents consist of the following :
1 . This Agreement (pages 00520- 1 to 00520-8 , inclusive) ;
2 . Section 00610 - Performance Bond (pages 00610-1 to 00610-5 , inclusive) ;
3 . Section 00612 - Payment Bond (pages 00612- 1 to 00612-5, inclusive) ;
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4 . Section 00700 - General Conditions (pages 00700- 1 to 0070045 , inclusive) ;
5. Section 00800 w Supplementary Conditions (pages 00800- 1 to 00800-13 inclusive);
6 . Specifications as listed in the Table of Contents of the Project Manual ;
7 . Drawings:
a. Drawings titled Roadway Plans for Indian River County
Administr�Ida consisting of sheets numbered R1 through R6 , inclusive .
b. Drawings titled 2e- Ave 11ridae At Main Relief Canal Indian River County
Adminiistrefte Complex consisting of sheets numbered B1 through B25 ,
inclusive.
8 . Addenda (numbers #1 only to , inclusive) ;
9 . Exhibits to this Agreement (enumerated as follows) :
a. Section 00550 - Notice to Proceed (page 00500- 1 ) ;
b . Section 00310 — Bid Form (CONTRACTOR's Bid) (pages 00310-1 to 00310-13,
inclusive) ;
c. Section 00450 — Sworn Statement Under Section 287 . 133, Florida Statutes, on
Public Entity Crimes (pages 00450- 1 to 00450-2 , inclusive) ;
d . Section 00452 m Sworn Statement Under Section 105 . 08 , Indian River County
Code, on Disclosure of Relationships (pages 00452- 1 to 00452-2 , inclusive) ;
e. Section 00454 - Sworn Statement Under the Florida Trench Safety Act (pages
004541 to 00454-2 , inclusive) ;
f. Section 00456 — Qualifications Questionnaire (page 00456- 1 to 004564 ,
inclusive.
g . Section 00458 — List of Subcontractors (page 004581 ) ;
h . Section 00632 — Contractor's Final Certification of the Work (pages 00632) .
i . Section 00634 — Professional Surveyor and Mapper's Certification as to
Elevations and Locations of the Work (page 006341 ) ;
10. The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a . Written Amendments;
b . Work Change Directives ;
c. Change Order(s) .
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B. The documents listed in paragraph 9. 01 .A are attached to this Agreement (except as
expressly noted otherwise above) .
C . There are no Contract Documents other than those listed above in this Article 9 .
D. The Contract Documents may only be amended , modified , or supplemented as
provided in paragraph 3 . 04 of the General Conditions (and Supplementary Conditions if
applicable) .
ARTICLE 10 = MISCELLANEOUS
10 . 01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General
Conditions (and Supplementary Conditions if applicable) .
10 . 02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be
binding on another party hereto without the written consent of the party sought to be
bound ; and , specifically but without limitation , moneys that may become due and
moneys that are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law) , and unless specifically stated to
the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under the Contract Documents.
10 . 03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and
legal representatives to the other party hereto , its partners, successors, assigns, and
legal representatives in respect to all covenants , agreements, and obligations
contained in the Contract Documents,
10 .04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken , and all remaining provisions
shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree
that the Contract Documents shall be reformed to replace such stricken provision or
part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision .
10. 05 Venue
A. This Contract shall be governed by the laws of the State of Florida . Venue for any
lawsuit brought by either party against the other party or otherwise arising out of this
Contract shall be in Indian River County, Florida , or, in the event of a federal
P
urisdiction , in the United States District Court for the Southern District of Florida .
IN WITNESS WHEREOF , OWNER and CONTRACTOR have signed this Agreement in
duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All
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' portions of the Contract Documents have been signed or identified by OWNER and
CONTRACTOR or on their behalf.
This Agreement will be effective an M� IrCh t0 , 20 (the date the Contract is approved
by the Indian River County Board of County Commissioners, which is the Effective Date of the
Agreement) .
OWNER: CONTRACTOR.
I
INDIAN RIVER COUNTY CDIISar a: 04 r+frM I43 c
re
By By : A0001
1 (Contractor)
Thomas S. Lowther, Chairman
BCC Approved : January 18 , 200 ORPORATE SEAL)
By :
Attest
J ph A. 13alrd , tounty Admirnstrator
AP ROVED AS TO FORM AND LEGAL
SUFFICIENCY: _
By . �G0 � -
William G . Collins, 11 , Esq . , County Attorney Address for giving notices:
Jeff , pon , Clerk of Court "TR1n't FSR- Fc . ,33(PI O
p.. or
" License No .
C6C 03 SPE) 1
11
Clerk (Where applicable)
Agent for service of process:
��" +q' � * � `+ 1• De nated Representative:
a
c �9 p
Designs f tl'presentative: Name:
Name: Steven BhcfPrr' Qobp-r+' C� • C r&haxyl
Title: Project Manager Title: P""%f DEq
1840 25th Street
Vero Beach , Florida 32960 Address :
(772) 567-8000, ext. 1531 52oge fl
Facsimile: (772) 978-17 1 g
Phone: a
r4L3 . Z 64
33co � c
Facsimile:
ail.,(.201 (0 QZ
(If CONTRACTOR is a corporation or a
partnership , attach evidence of authority to
sign .)
* * END OF SECTION
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