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HomeMy WebLinkAbout2007-152 2a 'V17 [ � ? SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT dated the / day of0 � in the year 2007 by and between Indiaa River Co a political subdivision of the State of Florida ( hereinafter called OWNER ) and Giannetti Contracting Corp . hereinafter called CONTRACTOR ) . OWNER and CONTRACTOR , in consideration of the mutual covenants hereinafter set forth , agree as follows : ARTICLE 1 . WORK CONTRACTOR shall complete all work as specified or indicated in the Contract Documents . The work is generally described as follows : The installation of a mitigated sewer system to serve approximately 413 single family homes in the Rockridge Subdivision of Indian River County . The system will be a vacuum sewer system complete with a vacuum pump station , piping , division valves , valve chambers , and force main . The project will also include the removal of portions of the existing low pressure collection system . CONTRACTOR , as an independent contractor and not as an employee , shall furnish , for the sum amount of $ 5 , 782 , 621 . 00 , all of the necessary labor , material , and equipment to perform the work described above in accordance with the Contract Documents . ARTICLE 2 . ENGINEER The project has been designed by ARCADIS / ECKLER ENGINEERING , hereinafter called ENGINEER , and who is to act as OWNER ' S representative , assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents . ARTICLE 3 . CONTRACT TIME . 3 . 1 The work will be completed in accordance with the following time frame . ( a ) Within 30 calendar days from effective date of Notice to Proceed , Contractor shall complete the following tasks : 1 . Obtain all necessary permits . 2 . Receive approved shop drawings for all materials and equipment to be utilized in the job . 3 . Perform all photographic recording and documentation of conditions prior to construction . 1 / 9 / 07 00530 211 - 001 . 01 1 AGREEMENT 4 . Locate all existing utilities in the area of work . 5 . Mobilize all labor , equipment , and materials . 6 . Deliver and store all equipment and materials to the job site . 7 . Notify all utilities and other affected parties prior to initiating construction . ( b ) From 31 calendar days to 600 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Install all pipe and appurtenant items . 2 . Install vacuum station and appurtenant items . 3 . Complete all sewer connections . 4 . Complete abandonment of existing system . 5 . Perform all testing . 6 . Restore all disturbed areas to their pre construction condition . 7 . Correct all deficiencies noted by ENGINEER . Completion of all tasks outlined above ( i . e . , Subparagraphs a and b ) constitutes Substantial Completion . ( c ) From 601 calendar days to 630 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Clean up project area . 2 . Remove all equipment and material from project site . 3 . Perform contract closeout procedures . Completion of all tasks outlined above ( i . e . , Subparagraphs a , b , and c ) constitute Final Completion . 3 . 2 Liquidated Damages . OWNER and CONTRACTOR 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 3 . 1 above , plus any extensions thereof allowed in accordance with Article 12 of the General Conditions . They 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 four- hundred and fifty dollars ( $ 450 . 00 ) for each day that expires after the time specified in Paragraph 3 . 1 for 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 four-hundred and fifty dollars ( $ 450 . 00 ) for each day that expires after the time specified in Paragraph 3 . 1 for completion and readiness for final payment . 00530 1 / 9 / 07 AGREEMENT 2 211 - 001 . 01 'fir+ '�✓' ARTICLE 4 , CONTRACT PRICE . 4 . 1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $ 5 , 782 , 621 . 00 . ARTICLE 5 . PAYMENT PROCEDURES . 5 . 1 . Progress Payments . The Owner shall make progress payments to the Contractor on the basis of the approved partial payment request as recommended by Engineer in accordance with the provisions of the Local Government Prompt Payment Act , Florida Statutes section 218 . 70 et . seq . 5 . 1 . 1 . The Owner shall retain ten percent ( 108 ) of the payment amounts due to the Contractor until fifty percent ( 508 ) completion of the Work . After fifty percent ( 508 ) completion of the Work is attained as certified to Owner by Engineer in writing , Owner shall retain five percent ( 58 ) of the payment amount due to Contractor until final completion and acceptance of all Work to be performed by Contractor under the Contract Documents . Pursuant to Florida Statutes section 218 . 735 ( 8 ) ( b ) , fifty percent ( 508 ) completion means the point at which the County as Owner has expended fifty percent ( 508 ) of the total cost of the construction services Work purchased under the Contract Documents , together with all costs associated with existing change orders and other additions or modifications to the construction services Work provided under the Contract Documents . 5 . 2 . Pay Requests . Each request for a progress payment shall be submitted on the application for payment form supplied by Owner and the application for payment shall contain the Contractor ' s certification . All progress payments will be on the basis of progress of the Work measured by the schedule of values established , or in the case of unit price work based on the number of units completed . After fifty percent ( 508 ) completion , and pursuant to Florida Statutes section 218 . 735 ( 8 ) ( d ) , the Contractor may submit a pay request to the County as Owner for up to one half ( A) of the retainage held by the County , and the County shall promptly make payment to the Contractor unless such amounts are the subject of a good faith dispute ; the subject of a claim pursuant to Florida Statutes section 255 . 05 ( 2005 ) ; or otherwise the subject of a claim or demand by the County or the Contractor . The Contractor acknowledges that where such retainage is attributable to the labor , services , or materials supplied by one or more subcontractors or suppliers , the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers . Pursuant to Florida Statutes section 1 / 9 / 07 00530 211 - 001 . 01 3 AGREEMENT 218 . 735 ( 8 ) ( c ) ( 2005 ) , Contractor further acknowledges and agrees that : 1 ) the County shall receive immediate written notice of all decisions made by Contractor to withhold retainage on any subcontractor at greater than five percent ( 5 % ) after fifty percent ( 50 % ) completion ; and 2 ) Contractor will not seek release from the County of the withheld retainage until the final pay request . 5 . 3 Paragraphs 5 . 1 . 1 and 5 . 2 do not apply to construction services Work purchased by the County as Owner which are paid for , in whole or in part , with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act . In such event , payment and retainage provisions shall be governed by the applicable grant requirements and guidelines . ARTICLE 6 . INTEREST . Not Applicable . ARTICLE 7 , CONTRACTOR ' S REPRESENTATIONS . In order to induce OWNER to enter into this Agreement , CONTRACTOR makes the following representations : 7 . 1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents , work , site , locality , and all local conditions and laws and regulations that in any manner may affect cost , progress , performance or furnishing of the work . 7 . 2 CONTRACTOR has obtained and carefully studied ( or assumes responsibility for obtaining and carefully studying ) all such examinations , investigations , explorations , tests , reports and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost , progress , performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price , within the Contract Time and in accordance with the other terms and conditions of the Contract Documents , including specifically the provisions of Paragraph 4 . 02 of the General Conditions ; and no additional examinations , investigations , explorations , tests , reports , studies or similar information or data are or will be required by CONTRACTOR for such purposes . 7 . 3 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities . No additional examinations , investigations , explorations , tests , reports , studies or similar 00530 1 / 9 / 07 AGREEMENT 4 211 - 001 . 01 information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price , within the Contract Time and in accordance with the other terms and conditions of the Contract Documents , including specifically the provisions of Paragraph 4 . 3 of the General Conditions . 7 . 4 CONTRACTOR has correlated the results of all such observations , examinations , investigations , explorations , tests , reports and studies with the terms and conditions of the Contract Documents . 7 . 5 CONTRACTOR has given ENGINEER written notice of all conflicts , errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR . ARTICLE 8 . CONTRACT DOCUMENTS , The Contract Documents , which comprise the entire agreement between OWNER and CONTRACTOR concerning the work , consist of the following : 8 . 1 This Agreement ( Section 00530 ) . 8 . 2 Performance and other bonds ( Sections 00610 and 00620 ) . 8 . 3 Notice of Award and Notice to Proceed . 8 . 4 General Conditions ( Section 00700 ) . 8 . 5 Supplementary Conditions ( Section 00800 ) . 8 . 6 CDBG Supplementary Conditions ( Section 00900 ) . 8 . 7 Special Conditions - CDBG Contract # : 06DB - 3C - 10 - 40 - 01 - W14 ( Section 00910 ) . 8 . 8 Specifications bearing the title " Mitigated Sewer System - Rockridge Subdivision " . 8 . 9 Drawings , inclusive with each sheet bearing the following general title " Mitigated Sewer System - Rockridge Subdivision " 8 . 10 Addenda numbers 1 to 3 inclusive . 8 . 11 Indian River County Water and Wastewater Utility Ordinances . 8 . 12 The following , which may be delivered or issued after the effective date of the Agreement and are not attached hereto : All written amendments and other documents amending , modifying , or supplementing the Contract Documents pursuant to Paragraphs 3 . 4 and 3 . 5 of the General Conditions . 1 / 9 / 07 00530 211 - 001 . 01 5 AGREEMENT 14W There are no Contract Documents other than those listed above in this Article S . The Contract Documents may only be amended , modified or supplemented as provided in Paragraphs 3 . 4 and 3 . 5 of the General Conditions . ARTICLE 9 . MISCELLANEOUS 9 . 1 Terms used in this Agreement , which are defined in Article 1 of the General Conditions , will have the meanings indicated in the General Conditions . 9 . 2 No assignment by a party hereto of any rights under or interests in the Contract Documents 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 . 9 . 3 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 of all covenants , agreements and obligations contained in the Contract Documents . 9 . 4 THE CONTRACTOR SHALL BE PROPERLY LICENSED TO PRACTICE ITS TRADE OR TRADES WHICH ARE INVOLVED IN THE COMPLETION OF THIS AGREEMENT AND THE WORK THEREUNDER . 9 . 5 CONTRACTOR agrees to indemnify and hold harmless the COUNTY , together with its agents , employees , elected officers and representatives , from liabilities , damages , losses , and costs , including but not limited to , reasonable attorney ' s fees , to the extent caused by the negligence , recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this Agreement . This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement . 00530 1 / 9 / 07 AGREEMENT 6 211 - 001 . 01 %W "V0 IN WITNESS WHEREOF , OWNER AND CONTRACTOR have signed this Agreement in triplicate . One counterpart each has been delivered to OWNER , CONTRACTOR , and ENGINEER . All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf . This _Agieement will be effective on "G 2007 . OWftItit'_ - CONTRACTOR . Indian River County Giannetti Contracting Corp . B6hrd` Of Co-dntgP 4F'ommispioKLers h BY Gary C . Wheeler , ChairmanLk 6 � A NN`fT'r t - PAA )40O .VT- ( CORPORATE T € i . • • c ( CORPORATE SEAL ) Attest : Attest : `�'�^ � J . K . Barton , Clerk of the Circuit Court By : �7./.Q, Q.Q, ' -o ' C/ Deputy Clerk roved t ✓i / r / LTJ Is�eVpvE % Baird , County Administrator dFnS FnS ency : Attorney iAddress for giving notices Address for giving notices E 1840 25th Street 2660 NW 15 ° Court , Suite 108 1 Vero Beach , Florida 32960 Pompano Beach , FL , 33069 License No . CU-CO56976 Agent for service of process : ( If CONTRACTOR is a corporation , attach evidence of authority to sign ) * * END OF SECTION * * 1 / 9 / 07 00530 211 - 001 . 01 7 AGREEMENT