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HomeMy WebLinkAbout2005-006AGREEMENT INDIAN RIVER COUNTY, FLORIDA POST HURRICANES FRANCES AND JEANNE EMERGENCY DUNE RESTORATION PROJECT /-4_a<- /I C, i. t5 ^ 00(p THIS AGREEMENT made and entered into on the 7fil, day of I,,. A, , _ _ 200X, by and between Henry Fischer & Sons, Inc. - 10729 US Rt, # 1 Seian, FL 958 (Name and Address) herein after called the CONTRACTOR, and INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, hereinafter called the COUNTY, or OWNER. WITNESSETH : That the CONTRACTOR and the COUNTY, for the consideration hereinafter named, agree as follows: Article 1. SCOPE OF WORK: The CONTRACTOR shall furnish all of the materials and perform all the work shown on the Drawings and described in the Specifications entitled: INDIAN RIVER COUNTY POST HURRICANES FRANCES AND JEANNE EMERGENCY DUNE RESTORATION PROJECT for Indian River County, Florida and shall do everything required by this Agreement and Contract Documents. Payment shall be made in accordance with the Itemized Bid Schedule attached as Exhibit "A" and made a part of this agreement. Article 2. COMMENCEMENT AND COMPLETION & LIQUIDATED DAMAGES: As time is of the essence, the Contractor will be required to commence work under this contract within ten (10) calendar days after receipt of the notice -to -proceed and shall complete the project by March 1, 2005 as specified in the Supplementary Conditions, Paragraph I. The CONTRACTOR agrees to reimburse Indian River County, Florida for liquidated damages for each calendar day elapsing between the date herein specified as the day of full completion and the actual day of such completion of the Contract work the amount of $2,000.00 per calendar day in accordance with the schedule of damages listed in Article 8-10.2 of Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2002 edition. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by OWNER as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of such damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above -stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above -stated liquidated damages from the monies due to CONTRACTOR for the Work under this Contract as the OWNER deems just and reasonable. In addition to the above -stated liquidated damages, the AGREEMENT A-1 CONTRACTOR shall be responsible for reimbursing OWNER for all costs incurred by OWNER to third party consultants including, without limiting the generality of the foregoing, any ENGINEER in administering the construction of the Project beyond the Substantial Completion date as specified in the Contract or beyond an approved extension of time granted to CONTRACTOR, whichever date is later. Article 3. THE CONTRACT SUM: The COUNTY will pay the CONTRACTOR for performance of the Contract, subject to additions and deductions provided therein, in current funds as follows: Numerical Amount $ 1,939,545.00 Written Amount One Million Nine Hundred Thirty Nine Thousand Five Hundred Forty Five Dollars and No Cents Article 4. PAYMENT AND RETAINAGE: Progress payments on the Contract amount for the value of work completed and component material on site will be made upon request at not less than monthly intervals. The request must be made to the OWNER on an approved form showing the component breakdown of the work for each item completed at the time of the request. Ten percent (10%) of all amounts earned will be retained by the COUNTY until final completion and acceptance of the Contact. CONTRACTOR shall allow adequate processing time for County Commission final acceptance and approval for fmal payment. The CONTRACTOR shall make the following certification (Affidavit) on each Request for Payment: "I hereby certify that the labor and materials listed on this Request for Payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material, men and suppliers except as listed below: 9, Notice of Non -Payment. If one or more "Notice of Non -Payment" or "Notice to OWNER" is received by the OWNER, no further payments will be approved until non-payment(s) have been satisfied and a "Lien Waiver" for each "Notice" has been submitted to the OWNER. Upon request, CONTRACTOR shall furnish acceptable evidence that all such claims have been satisfied. The CONTRACTOR may, with consent of Surety and indemnification of the COUNTY against any claims, receive payment for work for which there is an outstanding Notice of Non -Payment or Notice to OWNER. Article 5. ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the OWNER and ENGINEER will promptly make such inspection and when the OWNER and 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, over the OWNER's signature, 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. AGREEMENT A-2 Before issuance of a final completion certificate, the contractor shall submit evidence satisfactory to the COUNTY that all payrolls, material bills, and other indebtedness connected with the work have been paid. An affidavit must be submitted by the CONTRACTOR to the OWNER stating that all indebtedness connected with the work has been paid. Such affidavit will be signed by a duly authorized officer of the contractor, will bear the firm's seal, and will be notarized and attested by two witnesses. A Waiver -of -Lien form signed by a duly authorized officer of all Subcon- tractors, notarized and attested by two witnesses is required from each Subcontractor engaged under the scope of this Contract, and must accompany the request for final payment. Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of fmal 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 this Work and for every act and neglect of the OWNER and others relating to or arising out of this Work. Any payment, however, fmal or otherwise, shall not release the CONTRACTOR or his/her sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. Article 6. INDEMNIFICATION: CONTRACTOR agrees to indemnify and hold harmless the OWNER, 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 intentionally wrongful conduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of this Contract. This indemnification and hold harmless provision shall survive the termination or expiration of this Contract. Article 7. PUBLIC CONSTRUCTION PAYMENT AND PERFORMANCE BOND: The CONTRACTOR shall furnish the COUNTY immediately upon execution of this Contract a Performance Bond in an amount equal to 125% of the contract price and a Payment Bond in an amount equal to 100% of the contract price, conditioned upon the performance of this Contract by the CONTRACTOR in accordance with the terms and conditions hereof, within the time herein provided, and with the additional obligation that such CONTRACTOR shall promptly make payments to all persons supplying him labor, materials and supplies, used directly or indirectly by the said CONTRACTOR in the prosecution of the work provided for in this Contract. The Surety shall be authorized to issue surety bonds in Florida and be included in the most recent United States Department of Treasury List of Acceptable Sureties. Bidder shall require the attorney-in-fact, who executed the Payment Bond and the Performance Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the successful Bidder shall provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308. Each of the Payment Bond and Performance Bond shall be submitted in the forms furnished herewith AGREEMENT A-3 The CONTRACTOR shall provide two separate bonds; a combined Payment and Performance Bond for 125% of the contract price is not an acceptable substitute. Article 8. REMEDIES AND CHOICE OF LAW: This Agreement shall be governed by the laws of the State of Florida. Any legal actions instituted under this Agreement that are justiciable in state court shall be instituted in Indian River County. Any legal actions instituted under this Agreement that are justiciable in federal court shall be instituted in 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. Article 9. GENERAL PROVISIONS 9.1 . Independent Contractor. The parties expressly recognize that the relationship between the COUNTY and CONTRACTOR is that of OWNER and independent contractor, and that neither the CONTRACTOR nor any of his servants, agents, or employees shall ever be considered to be an agent, servant or employee of the COUNTY. 9.2. Pledge of Credit. The CONTRACTOR shall not pledge the COUNTY'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. 9.3. 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. 9.4. Public Records. The COUNTY and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 9.5. Notices. All notices, requests, demands, approvals, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger; delivered by commercial overnight courier service; sent by facsimile/telecopier; or mailed by registered or certified mail (postage prepaid) return receipt requested and addressed to: As to COUNTY: Jonathan Gorham, Ph.D. Department: Indian River County Public Works Dept. Address: 1840 25th Street Vero Beach, FL 32960 AGREEMENT A-4 With a required copy to: Mr. James Gray, Jr. (address as above) As to CONTRACTOR: /717-/Z.-4 Fischer & SODS, L_L_C_ or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered and effective on the date of hand delivery, or on the second day after the date of deposit of notice with an overnight courier service, or on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written above. Signedg�and sealed by the lC�RACT in the presence Ycs Ned - 17).0 INDIAN RIVER COUNTY (OWNER) Vittclitx)RPNTextlwrgm Chairman Thomas S. Lowther (Seal) APPROVED Aillb 1.. _.�.�...., • seph A Baird, County Administrator APPROVED AS TO FORM AND L JAL SUFFICIE CY is . Collins rney Attest o ;:y ,, Doris]. Grant ; '• MY COMMISSION # DD101489 EXPIRES May 1, 2006 Attest foe. : Jeffrey'I Barco. BONDED THRU TRQYkAIN IASIiRAtE, INC t ,l�i. rv✓ 117144 AGREEMENT A-5 •18 2004 2:39PM HP LASERJET 3330 7725899813 p.l ornimmod, INDIAN RIVER COUNTY POST HURRICANES FRANCES AND JEANNE EMERGENCY DUNE RESTORATION PROJECT COUNTY PROJECT # 0451 BID # 7034 BID FORM t. (GNAT cOST5 NNE Pte► Nk)PIF1ED ro EGALMULI40 Description ONtN 1Nb 101111. tUnit Cost 15u) ►HsUit Quantity livN Total Item No. Project Items 1. Mobilization/Demobilization LS 68, 650.00 2. North Project Area Sites ]-]2 Provide Fill Deliver Fill Grade Fill 7071}L. T 9, 74 /Ton 3.90 /Ton 5.40iTon 19.04 36,225 Tons 689,724.00 3. Central Project Area Sites 13-25 Provide Fill Deliver Fill Grade Fill TOTAL 9.74 /Ton 5.10 /Ton 5.40/Ton 20.24 40,500 Tons 819,720.00 4. South Project Area Sites 26-35 Provide Fill Deliver Fill Grade Fill TOTAL 9.74 /Ton 6.00/Ton 5.40rron 21.14 15,615 Tons 330,101.00 5. Site Restoration LS 31, 350.00 TOTAL BID $1,939,545. Name of Bidder: President Title: 12/15/04 Date: EXHI1 " i "B D PROPOSAL - /44-7 r?PCIveD 010(04 BB -1