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Home My WebLink About2010-213 SECTION 00530 . � . ,. FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 2L CONSTRUCTION OF WATER , SEWER AND RECLAIMED WATER LINE REPLACEMENTS/ EXTENSIONS AND MISCELLANEOUS a 010 - a b3 ANNUAL REQUIREMENTS LABOR CONTRACT INDIAN RIVER COUNTY BID N0 . 2010052 UTILITIES PROJECT NO . UCP#4054 THIS AGREEMENT dated the 7th day of September in the year 2010 by and between Indian River County , a political subdivision of the State of Florida ( hereinafter called OWNER) and Melvin Bush Construction . Inc . ( hereinafter called CONTRACTOR) . OWNER and CONTRACTOR , in consideration of the mutual covenants hereinafter set forth , agree as follows : ARTICLE 1 . WORK 1 . 1 CONTRACTOR shall complete all work as specified or indicated in the Contract Documents . The work is generally described as follows : General Project Description : The proposed work consists of various water distribution , wastewater collection and reclaimed water transmission system improvements at various locations within the Urban Service Boundary in Indian River County and as specified in each of the Owner's individual Work Authorizations/Work Orders issued throughout the life of the Contract . The work may include after hours work and emergency type as defined in contract documents . All material (furnished by County) and all equipment furnished and all work performed ( by Contractor) shall be in strict accordance with the Indian River County Department of Utility Services Water & Wastewater Utility Standards dated February 2008 , or latest edition , which may be obtained at no cost online from the Indian River County Utilities Department web site . The work is generally located in Indian River County in the Urban Service Area , although transmission utilities are located outside of this boundary . 1 . 2 . CONTRACTOR acknowledges and agrees that : ( a ) this Agreement is an "Annual Requirements Labor Contract" ; ( b) no representation or guarantee is made by Indian River County as OWNER as to the minimum or maximum dollar value , volume of work , or type of work that CONTRACTOR will receive during the term of this Agreement ; and (c) OWNER will issue Work Authorizations/Work Orders to CONTRACTOR during the term of this Agreement based on the prices set forth in the Bid Proposal (Schedule of Bid Items ) attached to the CONTRACTOR 's Bid Form . ARTICLE 2 . ENGINEER The project has been designed by Gordon E . Sparks , P . E . , Indian River County Utilities Department , 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 Contractor agrees that the work will be completed in accordance with the time frame for substantial completion and final completion as specified in each individual Work Authorizations/Work Orders to be issued for each project by the Engineer based on the Schedule of Bid Items and as approved by the Board of County Commissioners . Al - 00530 Agreement Between County and Melvin Bush (EJCDC) 00530- 1 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 under each individual Work Authorizations/Work Orders . 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 . ARTICLE 4. CONTRACT PRICE . 4 . 1 OWNER shall pay CONTRACTOR for completion of the work , as set forth in each individual Work Authorization/Work Order in accordance with the Contract Documents , the amount and time set forth in each individual Work Authorization/Work Order, based on the prices set forth in the Bid Proposal (Schedule of Bid Items ) attached to the CONTRACTOR 's Bid Form . 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 . where the amount of the individual Work Authorization/Work Order is in excess of $ 100 , 000 . 00 ( One Hundred Thousand dollars ) . 5 . 2 Retainage . 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 ; or as otherwise specifically set forth in any specific Work Authorization/Work Order. 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 , 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 (2008) ; 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 . Al - 00530 Agreement Between County and Melvin Bush ( EJCDC) 00530-2 . a Pursuant to Florida Statutes section 218 . 735 (8) (c) (2008) , 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 . 4 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 of the Local Government Prompt Payment Act . In such event , payment and retainage provisions shall be governed by the applicable grant requirements and guidelines . 5 . 5 . NOTWITHSTANDING THE FOREGOING PARAGRAPHS , CONTRACTOR acknowledges and agrees that Work Authorizations/Work Orders that are less than $ 100 , 000 . 00 ( One Hundred Thousand dollars ) shall not have a Public Construction Bond ; however, pursuant to The Code of Indian River County, Indian River County as Owner shall make only one payment for the entire amount of the related applicable Work Authorization/Work Order when the terms of the related applicable Work Authorization/Work Order have been fulfilled . All payments shall be in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218 . 70 et. seq . . ARTICLE 6. TERRA OF AGREEMENT This Agreement shall remain in full force and effect for an initial term of two (2) years after the date of execution , unless terminated by mutual consent of the parties hereto , and may be renewed for a maximum of two ( 2 ) renewal terms of one ( 1 ) year each , upon mutual agreement of the parties . ARTICLE 7 . CONTRACTOR' S REPRESENTATIONS . In order to induce OWNER to enter into this Agreement , CONTRACTOR makes the following representations : 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 . 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 Public Construction Bond ( Section 00600) . 8 . 3 Notice of Award and Notice to Proceed . 8 . 4 General Conditions ( Section 00700) . 8 . 5 Supplementary Conditions (Section 00800) . 8 . 6 Specifications bearing the title " IRCDUS Water and Wastewater Utility Standards, February 2008 or latest version ' . 8 . 7 Addenda numbers 1 to 1 , inclusive . 8 . 8 Indian River County Water and Wastewater Utility Ordinances . 8 . 9 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 Al - 00530 Agreement Between County and Melvin Bush (EJCDC) 00530-3 pursuant to Paragraphs 3 . 4 and 3 . 5 of the General Conditions . 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 the General Conditions . ARTICLE 9. MISCELLANEOUS 9A 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 IN INDIAN RIVER COUNTY TO PRACTICE THE TRADE OR TRADES INVOLVED IN THE COMPLETION OF THIS AGREEMENT AND THE WORK HEREUNDER 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. The Remainder of this Page Left Blank Intentionally Al - 00530 Agreement Between County and Melvin Bush (EJCDC) 00530-4 IN WITNESS WHEREOF , OWNER AND CONTRACTOR have signed this Agreement in triplicate . 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 . This Agreement will be effective on _ September 7 , , 2010 . OWNER CONTRACTOR Indian River County Board of County Commissioners 1 e,om �pp ��s3A � BY: Melvin Bush Construction Inc . �®° ° ° ° • • • ��✓r Peter D . O ' Bryan , Chair an 09 0 Qi Name : Welvin Bush ° y Title : President n ; h � • (CORPORATE SEAL) /-Vq °°. . . • . � ._ Attest : "•�o, CO °. • J . K . Barton , Clerk of the Circuit Court (' B000 Deputy Clerk A roved : n.. .. . S') J..) z I Saj e A . aird , County Adminis ator proved as to Form and Le al Sufficiency : County Attorney. Address ttorn y -- Address for giving notices Address for giving notices 1801 27th Street 2748 SW Casella St . Vero Beach , Florida 32960 Port St . Lucie , FL 34953 License No . CUC1223819 ** END OF SECTION ** Al - 00530 Agreement Between County and Melvin Bush (EJCDC) 00530-5 CERTIFICATE OF LIABILITY INSURANCE OP ID J5 7DAT0E !(MM1DDfYYYY) 13 10 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 . If the certificate holder Is an ADDITIONAL INSURED , the policy( les ) 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 NAME: Brown & Brown of Florida , Inc . PHONE 5900 N . Andrews Ave . # 300 ac No Ext : (AJC, No): P . O . Box 5727 ADDRESS: Ft . Lauderdale FL 33310 - 5727 PRODUCER CUSTOMER ID it: MELVINl Phone : 954 - 776 -2222 Fax : 954 - 776 - 4446 INSURER(S) AFFORDING COVERAGE NAICK INSURED INSURER A : Amerisure Mutual Ins . Co . 23396 Melvin Bush Construction , Inc . INSURER B : Federal Insurance Co 20281 2748 SW Casella Street Port St . Lucie FL 34953 INSURER C : Bridgefield Employers Ins . Co . 10701 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. SH AWUL bUtSt' POLICY LIFF POLICY EXP FAX TYPE OF INSURANCE INSR WV POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 COMMERCIAL GENERAL LIABILITY GL2029043 04 / 17 / 10 04 / 17 / 11 PREMISES (Ea occurrence) $ 300 , 000 CLAIMS-MADE F7x OCCUR MED EXP (Any one person) $ 10 , 000 X $ 1000 Deductible X X PERSONAL BADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE s2 , 000 , 000 GEN'LAGGREGATE LIMIT APPLIES PER : PRODUCTS - COMP/OPAGG $ 2 , 000 , 000 POLICYX71 PROJECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 11 000 , 000 A X ANY AUTO CA1386638 04 / 17 / 10 04 / 17 / 11 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NON-OWNED AUTOS $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ i EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ TATUC WORKERS COMPENSATION 7 01 / 01 / 10 01 / 01 / 11 X TORY LIMITS TF AND EMPLOYERS' LIABILITY ANY OFFICEER OPRIIMBOR EXCLUDED?ECUTIV� / A X E.L. EACH ACCIDENT $ 1 , 000 , 000 (Mandatory In NH) I E.L. DISEASE - EA EMPLOYEEI $ 1 , 00 , 000 It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 , 000 , 000 B Contractors Equip 6637063 04 / 17 / 10 04 / 17 / 11 Sched $ 2 , 003 , 864 1 , 000 D&D/ 1B T1V WIND DED I Lsd/ rntd $ 500 , 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, If more space Is required) JOB : IRC - Bid No . 2010052 . Certificate Holder is Additional Insured with respects to General Liability if required by written contract . Waiver of Subrogation applies to General Liability . andd Workers Compensation if required b written contract . 30 days written notice of cancellation except 10 days notice of cancellation for non -payment of premium . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE INDIAN1 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Indian River County BOCC Purchasing Department AUTHORIZED REPRESENTATIVE 1800 - 27th Street Vero Beach FL 32960 PORATION . All rights reserved . ACORD 25 (2009/09 ) The ACORD name and logo are registered marks of ACORD i MELVIN BUSH CONSTRUCTION , INC . O{� Q � � � � Underground Utilities u 2748 S . W . CASELLA ST . PORT ST . LUCIE , FL 34953 Tel ( 772 ) 336 -0623 Fax ( 772 ) 336 - 0488 JOB NUMBER/PHONE DATE TO INDIAN RIVER COUNTY UCP 4054 8 / 4 / 2010 ATTENTION INDIAN RIVER COUNTY UTILITIES 1801 27TH STREET RE: CORDON SPARK PE VERO BEACH FL 32960 INDIAN RIVER COUNTY LABOR CONTRACT BID N0 . 2010052 UTILITIES PROJECT NO . UCP # 4054 WE ARE SENDING YOU x Attached Under separate cover via the following items . Shop drawings Prints Plans Specifications Samples Copy of letter Change order X Other : SIGNED CONTRACT COPIES DATE NUMBER DESCRIPTION 2 8 / 04 / 2010 4054 SIGNED CONTRACT THESE ARE TRANSMITTED as checked below : X For your approval Approved as submitted Resubmit copies for approval For your use Approved as noted Submit copies for distribution X As requested Returned for corrections Return corrected prints For review and comment Other FOR BIDS DUE / DATE : PRINTS RETURNED AFTER LOAN TO US REMARKS 1 1 � COPY TO FILE SIGNED J �/ If enclosures are not as noted, please notify us at once. ... 'RODUCT 13127M USE WITH 771 ENVELOPE NEBS To Reorder: 1 -800-225-6380 or www.nebs .com PRINTED IN U.S.A . A 0219 A