HomeMy WebLinkAbout2014-093ASECTION 00520 -
Sector 3 Dune Repair Project No. 0928 - A
Agreement
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TABLE OF CONTENTS
Title Page
ARTICLE 1 WORK 2
ARTICLE 2 - THE PROJECT 2
ARTICLE 3 - ENGINEER 2
ARTICLE 4 - CONTRACT TIMES 2
ARTICLE 5 - CONTRACT PRICE 3
ARTICLE 6 - PAYMENT PROCEDURES 3
ARTICLE 7 - INDEMNIFICATION 5
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 5
ARTICLE 9 - CONTRACT DOCUMENTS 6
ARTICLE 10 - MISCELLANEOUS 7
JTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY]
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SECTION 00520 - Sector 3 Dune Repair Project No. 0928 - A
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 $rmfietrs Aris"rMci ?mn LGL
(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:
Project Description• Sector 3 within Indian River County, Florida includes approximately
6.6 miles of Atlantic shoreline. The beach and dune within this reach was initially nourished
between 2010 and 2012, but in 2012 sustained damage during Hurricane Sandy. Indian River
County proposes to repair approximately 31,000 feet of storm damaged dunes within the initial
project area by placing approximately 154,700 cubic yards of beach compatible sand landward of
the mean high water line (MHWL) Beach compatible sand will be obtained from either an
offshore sand borrow source as identified on the Drawings or from the upland sand borrow
sources identified in the Florida Department of Environmental Protection Permit Modification No.
285993 -008 -JN that meets all of the "Geotechnical Requirements" stated in the Technical
Specifications and Contract Documents.
Work on this project must comply with all local, state, and federal regulating agency
criteria and permits.
ARTICLE 2 - THE PROJECT
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. Indian River County Dune Repair Project
County Project Number: 0928 - A
Bid Number 2014037
ARTICLE 3 — ENGINEER
3.01 Coastal Planning and Engineering, Inc. is hereinafter called the ENGINEER and will 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 the
completion of the Work in accordance with the Contract Documents.
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.
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4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be fully completed (Final Completion) and ready for final payment in
accordance with paragraph 14.13 of the General Conditions on or before May 30, 2015
1. Dune Fill. Dune fill construction may only occur between November 1, 2014 and April
30, 2015. The CONTRACTOR shall utilize sufficient equipment to ensure that
construction activities related to dune fill placement along the Project is complete and
supporting equipment demobilized from the beach/dune by April 30, 2015.
2. Dune Vegetation. Commencement of vegetative planting is at the CONTRACTOR's
discretion Installation of dune vegetation may only occur between November 1, 2014
and May 30, 2015 The CONTRACTOR shall utilize sufficient equipment to ensure
that construction activities related to vegetative planting along the Project is complete
and supporting equipment demobilized from the beach/dune by May 30, 2015.
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 Liquidated damages will commence for this portion of work. 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
$2,374 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 $2,374 for each calendar day that expires after the time
specified in paragraph 4.02 for completion and readiness for final payment until the Work is
completed and ready for final payment
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER 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.B, 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: $3,076,920.00
Written Amount: Three Million Seventy Six Thousand Nine Hundred Twenty Dollars
and No Cents
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
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A. CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
E NGINEER as provided in the General Conditions and the Contract Documents.
6.02 Progress Payments.
A. 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
D ocuments. 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.
6.03 Pay Requests.
A. 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
P ursuant 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.
6.05 Acceptance of Final Payment as Release.
A. 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
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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 Public Construction Bond.
ARTICLE 7 - INDEMNIFICATION
7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with
paragraph 6.34 (Indemnification) of the General Conditions 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.
B . 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.
C. 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
D . 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 General Conditions as provided in paragraph
4.3 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 General Conditions as
provided in paragraph 4.6 of the General Conditions.
E CONTRACTOR has obtained and carefully studied (or assumes responsibility for having
done so) all additional or supplementary 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 specific 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
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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 00520-9, inclusive);
2. Notice to Proceed (page 00550-1)
3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive);
4. Sample Certificate of Liability Insurance (page 00620-1)
5. Contractor's Application for Payment (pages 00622-1 to 00622-5 inclusive);
6. General Conditions (pages 00700-1 to 00700-26 inclusive);
7. Specifications as listed in Division 1 (Specific Provisions) and Division 2 (Technical
Provisions. - Upland Sand Borrow Sources)
8. Drawings consisting of a cover sheet and sheets numbered CS - 1 through XS - 9,
inclusive, with each sheet bearing the following general title: Indian River Countv Sector
3 Dune Repair Project;
9. Addenda (numbers 1 to 4, inclusive);
10. Appendices to this Agreement (enumerated as follows):
APPENDIX A:
APPENDIX B:
APPENDIX C:
APPENDIX D:
APPENDIX E
FDEP PERMIT MODIFICATION NO. 0285993 -008 -JN
USACE PERMIT MODIFICATION SAJ-2007-01645 (MOD -AWP)
PRIOR PERMITS (DEPARTMENT OF THE ARMY AND FDEP)
CONTRACTOR'S DAILY QUALITY CONTROL REPORT
SEDIMENT QA/QC PLAN — UPLAND SAND SOURCE
11. CONTRACTOR'S BID (pages 00310-1 to 00310-8, inclusive);
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12. Bid Bond (page 00430-1 inclusive) Qualifications Questionnaire (page 00456-1 to
00456-4, inclusive), List of Subcontractors (page 00458-1 inclusive).Sworn Statement
Under Section 105.08, Indian River County Code, on Disclosure of Relationships
(pages 00452-1 to 00452-2, inclusive);
13. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2,
inclusive)
14. 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).
15. Contractor's Final Certificate of the Work (page 00632 — 1 to 00632- 2 of the
Specifications)
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General Conditions.
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.
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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 jurisdiction, in the United
States District Court for the Southern District of Florida.
10.06 Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes The
Contractor shall comply with Florida's Public Records Law Specifically, the Contractor
shall
(1) Keep and maintain public records that ordinarily and necessarily would be required
by the County in order to perform the service.
(2) Provide the public with access to public records on the same terms and conditions
that the County would provide the records and at a cost that does not exceed the
cost provided in chapter 119 or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authonzed by law.
(4) Meet all requirements for retaining public records and transfer, at no cost, to the
County all public records in possession of the Consultant upon termination of the
Agreement and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the County in a format that is compatible with the
information technology systems of the County.
B. Failure of the Consultant to comply with these requirements shall be a material breach of
this Agreement.
[The remainder of this page was left blank intentionally]
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate.
One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their
behalf.
This Agreement will be effective on _ _ (the date the Contract is approved by the
Indian River County Board of County Commissioners, which is the Effective Date of the Agreement).
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OWNER:
INDIAN RIVER COUNTY
By:
By:'
(731
Peter D. O'Bryan, Chairma
�o
septi A Baird, County Administrator
BCt Approved: 07-08-14
APPROVED AS TO FORM s ND LEGAL
SUFFICIENCY:
By:
gg. ylan Reing"old, County Attorney
Jeffrey R. Smith, Clerk of Court and Comptroller
Attest:
Deputy Clerk
(SEAL)
stlfri/ • ' , s\e
•..1,'R couN.•
..........
CONTRACTOR:
Guettler Brothers Construction, LLC.
B
Attest
(Contractor) Sot ewe+- '
(CORPORATE SEAL)
Address for giving notices:
We/ 1vAjhvny Da.tr'y Rd
Fort- ?tent Fc. 34ha47
License No. CSG 1511 So3
(Where applicable)
Designated Representative:
Name. 'iia.,. eiraea.
Title* MPaJAca-
Address:
X6/0! to A• Xiw sty 1v)o►: ry 2d
Awl- Preece ft 3 y 4 J 7
Phone: 177•- YGn- f3ctS-
Facsimile: ?72. - 4lat - 5031
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to sign.)
**END OF SECTION**
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