HomeMy WebLinkAbout2020-213ASECTION 00520 - Agreement
TABLE OF CONTENTS
Title Paqe
ARTICLE1- WORK................................................................................................................................. 2
ARTICLE 2 - THE PROJECT................................................................................................I................. 2
ARTICLE 3 — ENGINEER........................................................................................................................ 2
ARTICLE 4 - CONTRACT TIMES......................................................................................................... 2
ARTICLE 5 - CONTRACT PRICE..........................................................................................................3
ARTICLE 6 - PAYMENT PROCEDURES............................................................................................. 3
ARTICLE7 - INDEMNIFICATION........................................................................................................ 5
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS..................................................................... 5
ARTICLE 9 - CONTRACT DOCUMENTS............................................................................................ 6
ARTICLE 10 - MISCELLANEOUS......................................................................................................... 7
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00520-1
SECTION 00520 - Agreement
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 Hedrick Brothers Construction Co., Inc.
(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:
Complete interior renovation of the Building and Fire Department areas of the Community
Development office, including expansion into the existing cafe area. Modifications to
provide better function and flow, add working space, security and employee protection.
Demolition, new walls, ceilings, finishes and mechanical, electrical and plumbing work.
Project will need to be conducted in phases in order to keep the office functions running
during regular business hours and will require night and weekend work to facilitate phasing
and continuity of operations.
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: Interior Renovation of the Indian River County Building and Fire
Departments
Bid Number: 2020057
Project Address: 1801 27th Street, Vero Beach, FL 32960
ARTICLE 3 — ENGINEER
3.01 The Indian River County Building Official 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.
4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
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A. The Work will be substantially completed on or before the 210' calendar day after the
date when the Contract Times commence to run as provided in paragraph 2.03 of the
General Conditions, and completed and ready for final payment in accordance with
paragraph 14.07 of the General Conditions on or before the 240th calendar day after the
date when the Contract Times commence to run.
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, plus any extensions thereof allowed in accordance with
Article 12 of the General Conditions. 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 $1,148.00 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 $1,148.00 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 5.01.6, below:
A. For all Work, at the prices stated in CONTRACTOR's Bid, incorporated by reference.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:
Numerical Amount: $ 763,442.00
Written Amount: Seven hundred sixty-three thousand, four hundred forty-two dollars
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. 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.
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,
00520-3
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.
6.03 Pay Requests.
A. Each request for a progress payment shall be submitted on the application provided
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; 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), 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.
6.04 Paragraphs 6.02 and 6.03 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.
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 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.
00520-4
ARTICLE 7 - INDEMNIFICATION
7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with
paragraph 6.20 (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 Supplementary
Conditions as provided in paragraph 4.02 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 Supplementary Conditions as provided in paragraph 4.06 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.
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.
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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 520-9, inclusive);
2. Notice to Proceed;
3. Public Construction Bond;
4. Certificate(s) of Liability Insurance;
5. Contractor's Application for Payment;
6. Certificate of Substantial Completion;
7. Contractor's Final Certification of the Work;
8. General Conditions (pages 00700-1 to 00700-43, inclusive);
9. Supplementary Conditions (pages 00800-i to 00800-11, inclusive);
10. Specifications as listed in Division 1 (General Requirements), Division 2 (Technical
Provisions), and Architectural Project Manual;
11. Drawings consisting of a cover sheet and sheets numbered A0.10 through P3.1,
inclusive, with each sheet bearing the following general title: Indian River
Administration Complex Alterations to Building "A" for Building and Fire Departments;
12. Addenda 1-4;
13. Appendices to this Agreement (enumerated as follows):
Appendix A — Permits
14. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive);
15. Bid Bond (page 00430-1);
16. Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive);
17. List of Subcontractors (page 00458-1);
18. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships (pages 00452-1 to 00452-2, inclusive);
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19. Certification Regarding Prohibition Against Contracting with Scrutinized Companies
(page 00460-1);
20. 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);
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.
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
00520-7
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 required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County with
a copy of the requested records or allow the records to be inspected or copied within a
reasonable time 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 authorized by law for the
duration of the contract term and following completion of the contract if the contractor does
not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records required by the County to
perform the service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the
Contractor shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the County, upon request from the Custodian of
Public Records, in a format that is compatible with the information technology systems of
the County.
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
(772) 226-1424
publicrecords(@-ircgov.com
Indian River County Office of the County Attorney
1801 27th Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of
this Agreement.
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00520-8
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 October 6, 2020 (the date the Contract is approved by the
Indian River County Board of County Commissioners, which is the Effective Date of the
Agreement).
OWNER: _ CONTRACTOR:
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INDIAN RIVER COUNTY "'-.:?et,: edrick Brothers Construction
By. AIJ
n Adams, C an ? 2
By: , FR COU'
Jason own, County ministrator
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
D eingold, County Attorney
Jeffrey R. Smith, Clerk of Court and Comptroller
Attest: t' 0 apo'
Deputy Clerk
(SEAL)
Designated Representative:
Name: Scott P. McAdam, CBO, MCP
Title: Building Official
1801 27th Street
Vero Beach, Florida 32960
(772) 226-1268
Facsimile: (772) 770-5333
B'•r: e
(Contractor
o $ ret Strassel,Vi e President
(CORPO -
1 \`
Atte
Address for giving notices:
2200 Centrepark West Drive
West Palm Beach, FL 33409
License No. CGCO13137
(Where applicable)
Agent for service of process:
Patrick Painter, Registered Agent
Designated Representative:
Name: Megan Looby
Title: Project Manager
Address:
478 North Babcock Street, Suite 116
Melbourne, FL 32935
Phone: 561-252-6350
Facsimile: 561-689-8860
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to sign.)
* * END OF SECTION * *
00520-9