HomeMy WebLinkAbout2021-065ASECTION 00530 — EJCDC STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE
Indian River County North County Water & Sewer System Phase 2
THIS AGREEMENT ("Agreement" or "Contract"), dated the 20th day of April in the year 2021 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 Centerline,
Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1 WORK
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 and per FDEP, FDOT, County Utilities
Department and County Engineering Department standards. The work is generally
described as follows:
Indian River County Department of Utility Services (IRCDUS) proposes to construct a new
gravity sanitary sewer system and sections of water main to serve the Roseland and
Ercildoune Heights areas generally north of Roseland Road and west of US Highway #1,
south of the St. Sebastian River. The project will generally include approximately 14,214
LF of gravity sewer mains; 53 manholes; a lift station; 1,728 LF of 4" force main (includes
3 directional bores); 2,503 LF of 8" water main (includes 2 directional bores), 15,321 LF
of 6" water mains (includes 5 directional bores), and 109 LF of 4" water mains; 21 fire
hydrants; and related valves, fittings, laterals, services, and restoration.
The construction of the utility improvements described above shall also consist of, but not
limited to: resetting of signs, mailboxes, and other existing facilities disturbed during
construction; utilities exploration; coordination with any permitting agencies; trenching;
clearing and tree removal; dewatering; installation of pipe, structures and all
appurtenances; soil backfill compaction; testing; exfiltration testing; backfill and subgrade
testing; road, landscape and driveway restoration; regrading and grassing (sod); and
traffic control. All rights-of-way shall be restored to like or better condition including, but
not limited to sidewalks and drainage. No excavation shall be left open when work is not
actively being performed. Construction fencing used in the work area shall not block sight
distance near intersections or driveways. All construction equipment and materials shall
be stored a minimum of fifteen (15) feet from the edge of pavement and shall be protected
by Type II barricades with flashing yellow lights.
The Contractor shall submit a Traffic Control Plan to the County Traffic Engineering
Division for all streets to be disturbed a minimum of seventy-two (72) hours prior to
construction and notify the County Traffic Engineering Division a minimum of twenty-four
(24) hours before any lane closures. A temporary access plan shall be provided indicating
how local traffic will be maintained if the existing road is removed and reconstructed. Stand
mounted Advance Construction signing shall be installed in accordance with FDOT Index
102-602 (Latest Edition). One -lane closures shall be in accordance with FDOT Index 102-
603 (Latest Edition). When any work encroaches the area between the centerline and two
(2) feet outside the edge of pavement, traffic shall be restricted to a single lane.
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ARTICLE 2 ENGINEER
The North County Water & Sewer System Phase 2 has been designed by Masteller & Moler, Inc.,
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 TIMES
3.1 The CONTRACTOR shall be substantially completed with the following timeframe:
(a) Within 60 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 on 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 61 calendar days to 300 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 301 calendar days to 360 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 Paragraphs 3.1 and 3.2 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
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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 fifty dollars
($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 Times or any proper extension thereof granted by OWNER,
CONTRACTOR shall pay OWNER four -hundred fifty dollars ($450.00) for each day that
expires after the time specified in Paragraph 3.1 for Final Completion and readiness for
final payment.
3.3.1. The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all
or any portion of the above -stated liquidated damages due to the Owner from
payments due to the Contractor; or, in the alternative, all or any portion of the
above -stated liquidated damages may be collected from the Contractor or its
Surety or Sureties. These provisions for liquidated damages shall not prevent the
OWNER, in case of the CONTRACTOR's default, from terminating the
Contractor's right to proceed as provided in this AGREEMENT.
3.3.2. In addition to the above -stated liquidated damages, the CONTRACTOR shall be
responsible for reimbursing OWNER for third party consultants in administering
the Project beyond the Substantial Completion date specified in this Agreement,
or beyond an approved extension of time granted to CONTRACTOR, whichever
date is later.
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 $3,881,269.00.
ARTICLE 5 PAYMENT PROCEDURES
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.
5.1 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. The OWNER shall retain five percent (5%) of the
payment amounts due to the CONTRACTOR until final completion and acceptance of all
work to be performed by CONTRACTOR under the Contract Documents.
5.2 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.
5.3 Paragraphs 5.1 and 5.2 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
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guidelines.
5.4 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.
5.5 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 6 INTEREST
Not Applicable.
ARTICLE 7 CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
7.1 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.
7.2 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 and as provided in Paragraph 4.02 of the General Conditions, and accepts the
determination set forth in Paragraph SC -4.02 of the Supplementary Conditions of the
extent of the technical data contained in such reports and drawings upon which
CONTRACTOR is entitled to rely.
7.3 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 Times 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.
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7.4 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 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 Times 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.
7.5 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.
7.6 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.
7.7 Contractor is registered with and will use the Department of Homeland Security's E -Verify
system (www.e-verify.gov) to confirm the employment eligibility of all newly hired
employees for the duration of this agreement, as required by Section 448.095, F.S.
Contractor is also responsible for obtaining proof of E -Verify registration for all
subcontractors.
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 All required insurance certificates.
8.3 Schedule of Subcontractors (Section 00415).
8.4 Disclosure of Relationships (Section 00420).
8.5 Certification Regarding Prohibition Against Contracting with Scrutinized Companies (Section
00425).
8.6 Certification Regarding Lobbying (Section 00430).
8.7 Sworn Statement under the Florida Trench Safety Act (Section 00454).
8.8 General Information Required for Bidders (Section 00456)
8.9 Public Construction Bond (Section 00610).
8.10 Notice of Award and Notice to Proceed (examples in Section 00800).
8.11 General Conditions (Section 00700).
8.12 Supplementary Conditions (Section 00800).
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8.13 Documents / Specifications bearing the title "North County Water & Sewer System Phase 2".
8.14 Drawings, inclusive with each sheet bearing the following general title "North Count
& Sewer System Phase 2".
8.15 Addenda numbers 1 to 5 , inclusive.
8.16 CONTRACTOR'S Bid Form (Section 00300 -Addendum No. 5).
8.17 Specifications bearing the title "Department of Utility Services, Water & Wastewater, Utility
Standards, May 2019" or the latest version thereof.
8.18 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.
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 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 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise
dispose of the 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 concurred 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.
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 to practice its trade or trades which are
involved in the completion of this Agreement and the work thereunder.
9.5 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.
9.6 The CONTRACTOR shall indemnify and hold harmless the County, and its officers and
employees, 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 construction contract.
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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. 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.
5. 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(a)ircaov.com
Indian River County Office of the County Attorney
1801 27th Street
Vero Beach, FL 32960
6. Failure of the Contractor to comply with these requirements shall be a material breach
of this Agreement.
This Agreement will be effective on April 20, 2021 (the date the Contract is approved by the Indian River
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County Board of County Commissioners, which is the Effective Date of the Agreement).
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APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
Dy Ingo d, County Attorney
Jeffrey R. Smith, Clerk of Court and Comptroller
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Attest: Ut lr%/I
(SEAL) CI ek of Court and Comptroller
Designated Representative:
Name: John M. Boyer, PE
Title: Utilities Engineer
Address: 1801 271 Street
Vero Beach, Florida 32960
Phone: (772) 226-1823
Facsimile: (772) 770-5143
Email: jboyer@ircgov.com
Attest T- '`3 c I FQ
License No. CU C 03A (flS l 4 CU C o 1 I I O •}
(Where applicable)
Agent for service of process:
Designated Representative:
Name: Randy Stringer
Title: Vice President
Address: 2180 SW Poma Drive
Palm City, FL 34990
Phone: (561) 689-3917
Facsimile: (561) 689-0017
Email: randy@centeriineinc.com
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to sign.)
*END OF SECTION*
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