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HomeMy WebLinkAbout2013-039B 21913 SECTION 00530 - EJCDC a 43 ~- � AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE Bid No . 2013019 VERO SHORES PUMP STATION No . 143 FORCE MAIN REPLACEMENT THIS AGREEMENT ("Agreement" or " Contract") dated February 19, 2013 by and between Indian River County , a political subdivision of the State of Florida ("OWNER") and Andrew Sitework of Fort Myers, FL (" CONTRACTOR") . BACKGROUND RECITALS A. Pursuant to applicable provisions of Florida law, OWNER has selected CONTRACTOR to perform certain work as more specifically described in the Contract Documents as defined in Article 8 of this Agreement and the term is as set forth in the Contract Documents . B . CONTRACTOR agrees to perform certain work as more specifically described in the Contract Documents on the terms set forth in the Contract Documents . NOW THEREFORE , OWNER and CONTRACTOR , in consideration of the mutual covenants hereinafter set forth , and intending to be legally bound , agree as follows : ARTICLE 1 WORK 1 . 1 . CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material , and equipment to perform the work as specified or indicated in the Contract Documents . CONTRACTOR shall complete all work as specified or indicated in the Contract Documents . The work is generally described as follows , and shall include , but is not necessarily limited to the following : Construction of approximately 700 LF of 12 " HDPE Directional Bore Force Main , 400 LF of 10 " PVC Force Main and associated appurtenances from County Lift Station No. 143 ( behind and east of Young 's Market) west under US 1 and the FEC Railway to Old Dixie Highway. Construction consists of, but is not limited to, utilities exploration , coordination with any permitting agencies , trenching , dewatering , installation of pipe with fittings and all appurtenances , 12" directional bores , 10 " PVC pipe , valves , wet taps , ARV's , restrainers , soil compaction , testing , non -paved road and drive restorations , sod , private property replacement or repair, franchise utility repair traffic control and construction staking . PVC pipe shall be C -900 and HDPE shall be DR 11 per Indian River County Utility Standards and specifications . Contractor is responsible for removal and disposal of excess drilling mud . ARTICLE 2 ENGINEER 2 . 1 . The project has been designed by Gordon E . Sparks , P. E . hereinafter called ENGINEER , and who is to act as OWNER' S representative , assume all duties and responsibilities 00530- 1 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 . Contract Times , The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 15 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 . 4 . Locate all existing utilities in the area of work . 5 . Submit and secure approval of shop drawings . 6 . Mobilize all labor, equipment, and materials . 7 . Deliver and store all equipment and materials to the job site . 8 . Notify all utilities and other affected parties prior to initiating construction . (b) From 16 calendar days to 60 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 . Perform all testing . 3 . Restore all disturbed areas to their pre-construction condition . 4 . Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i . e . , Subparagraphs a) and b) constitutes Substantial Completion . (c) From 61 calendar days to 75 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 . 3 . 2 . Completion of all tasks outlined above ( i . e . , Subparagraphs a , b , and c) constitute Final Completion . 3. 3 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 ($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 , 00530-2 CONTRACTOR shall pay OWNER Four Hundred and Fifty ($450.00 ) for each day that expires after the time specified in Paragraph 3 . 1 for completion and readiness for final payment. 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 $184, 217.50 ARTICLE 5 PAYMENT PROCEDURES 5 . 1 . General . CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions . Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents . 5 . 2 . 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 . The OWNER shall retain ten percent ( 10% ) of the payment amounts due to the CONTRACTOR until fifty percent (50% ) completion of the work . After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing , OWNER shall retain five percent (5%) 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 (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) 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 . 3 . 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 (50%) 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 ( 1 /2) of the retainage held by the County as OWNER , and the County as OWNER 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 as OWNER 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 218 . 735(8) (c) (2005) , CONTRACTOR further acknowledges and agrees that : 1 ) the County as OWNER 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 as OWNER of the withheld retainage until the final pay request . 5 . 4. Federal Funds . Paragraphs 5 . 2 and 5 . 3 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 00530-3 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 FINAL PAYMENT 6 . 1 . Acceptance And Final Payment : Upon receipt of written notice that the work is ready for final inspection and acceptance , the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed , the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed , and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR , will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment . 6 . 2 . Acceptance of Final Payment as Release . The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work . Any payment, however, final or otherwise , shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds . ARTICLE 7 CONTRACTOR'S REPRESENTATIONS 7 . 1 . In order to induce OWNER to enter into this Agreement , CONTRACTOR makes the following representations : 7 . 1 . 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 . 1 . 2 . CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4 . 02 of the General Conditions , and accepts the determination set forth in Paragraph SC4 . 02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely . 7 . 1 . 3 . CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations , investigations , explorations , tests , reports and studies (in addition to or to supplement those referred to in Paragraph 7 . 2 above) 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. 1 .4 . 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 00530=4 examinations , investigations , explorations , tests , reports , studies or similar 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 . 04 of the General Conditions . 7 . 1 . 5 . 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 . 1 . 6 . 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 8 . 1 . The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following : 8 . 1 . 1 . This Agreement (Section 00530) . 8 . 1 . 2 . Public Construction Bond (Section 00600). 8 . 1 . 3 . Notice of Award and Notice to Proceed (examples in Section 00800) . 8 . 1 .4 . General Conditions (Section 00700) . 8 . 1 . 5 . Supplementary Conditions (Section 00800) . 8 . 1 . 6 . Specifications bearing the title "Vero Shores Pump Station No. 143 Force Main Replacement" as listed in the table of contents hereof. 8 . 1 . 7 . Drawings , inclusive with each sheet bearing the following general title "Vero Shores Pump Station No. 143 Force Main Replacement" , inclusive . 8. 1 . 8 . Addenda numbers 1 to 1 8 . 1 . 9 . CONTRACTOR'S Bid (Section 00300) . 8. 1 . 10 . Specifications bearing the title " IRCDUS Water and Wastewater Utility Standards , September 2011 " , or the latest version thereof. 8 . 1 . 11 . 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 . 04 of the General Conditions . 8 . 2 . There are no Contract Documents other than those listed above in this Article 8 . The Contract Documents may only be amended , modified or supplemented as provided in Paragraphs 3 . 04 of the General Conditions , ARTICLE 9 MISCELLANEOUS 9 . 1 . Definitions . Terms used in this Agreement that are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions . 00530=5 _ l 9. 2 . No Assignment , The CONTRACTOR shall not assign , transfer, or otherwise dispose of this Contract or its right, title , or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others , without previous consent of the OWNER and concurrence to by the sureties . Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto . OWNER and CONTRACTOR each binds itself, its successors , assigns and legal representatives to the other party hereto and to its successors , assigns and legal representatives in respect of all covenants , agreements and obligations contained in the Contract Documents . 9 . 3 . Licenses . . 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 . 4 . Remedies And Choice Of Law This Agreement 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 agreement shall be in Indian River County, Florida , or, in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every such remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise . No single or partial exercise by any party or any right , power, or remedy hereunder shall preclude any other or further exercise thereof. 9 . 5 . Indemnification . CONTRACTOR agrees to indemnify and hold harmless the OWNER , together with its agents , engineers , 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 . The indemnification is limited to $5 million per occurrence . 9 . 6 . Availability of Funds . The obligations of the Owner under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County . 9 . 7 . Pledge of Credit . The CONTRACTOR shall not pledge the OWNER' S credit or make it a guarantor of payment or surety for any Agreement , debt, obligation , judgment, lien or any form of indebtedness . The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9 . 8 . Counterparts . This Agreement may be executed in one or more counterparts , but all such counterparts , when duly executed , shall constitute one and the same Agreement . 9 . 9 . Public Records . The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119 , Florida Statutes ( Public Records Law) in connection with this Agreement . 9 . 10 , Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall , to any extent , be held invalid or unenforceable for the remainder of this Agreement , then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected , and every 00530-6 other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 9 . 11 . Captions And Interpretations . Captions in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions . Unless the context indicates otherwise , words importing the singular number include the plural number, and vice versa . Words of any gender include the correlative words of the other genders , unless the sense indicates otherwise 9 . 13 . Entirety Of Agreement. This Agreement incorporates and includes all prior and contemporaneous negotiations , correspondence , conversations , agreements , and understandings applicable to the matters contained herein and the parties agree that there are no commitments , agreements , or understandings concerning the subject matter of this Agreement that are not contained in this document . Accordingly , it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements , whether oral or written . It is further agreed that no modification , amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the formality and of equal dignity herewith . 9 . 14 . Background Recitals . The background recitals are true and correct and form a material part of this Contract. (Remainder of This Page Intentionally Left Blank) 00530-7 i IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day and year first written above . This Agreement will be effective on Fphri ,a ,z i a . ?Qi •A , OWNER CONTRACTOR Indian River County Andrew Sitework, LLC Board of County Commissioners Jilin By: Ralph C . Andrew III President ;. " . �SS� • •` ' °°°,, Joseph E . Flescher, Chairman ' •• �. PO � E�CIv °off (COR SATE S 7 r Atli v ;' ' 0 Attest: , " ' ,- e . , Clerk irc ourt ez : " . y '•.,*'• v,;' Deputy Clerk A°pp'rt9Ged By: 'j, W GUS t ep A. Baird , County Administrator roved ;as to •a d Legal Sufficiency: G Coulb Attorney Address for giving notices 1801 27th Street Address for giving notices Vero Beach , Florida 32960 4696 Elevation Way Fort Myers, FL 33905 License No . CUCUC1224664 Agent for service of process: END OF SECTION 00530-8