HomeMy WebLinkAbout2024-246SECTION 00520 Agreement (Natural Resources Department)
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 Dickerson Infrastructure Inc. dba Dickerson Florida, 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:
The proposed project includes dune renourishment within the County's Sector 4
Project Area via the placement of approximately 135,000 cubic yards of beach -
compatible sand fill and the installation of about 147,788 native dune plants over
approximately 2.86 miles of Atlantic Ocean beach in Indian River County. Sand fill
is proposed to be obtained from either (a) an upland sand source pre -qualified by
the County, and/or (b) an upland sand source separately approved by the Florida
Department of Environmental Protection. To avoid adverse impacts to nesting sea
turtles, construction is expected to be completed during the period of November 1,
2024 to April 30, 2025
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: - SECTOR 4 HURRICANES IAN & NICOLE DUNE
RENOURISHMENT PROJECT -
County Project Number: IRC -2318
Bid Number: 2025004
Project Address: SECTOR 4 INDIAN RIVER COUNTY
ARTICLE 3 - ENGINEER
3.01 Coastal Technology Corporation 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
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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.
B. The Contract Times shall extend from (a) the date of the OWNER's issuance of a Notice -to -
Proceed, to (b) the date corresponding to the number of calendar days — as identified on the
Bidder's Bid Form - by which date, the Work is to be (i) Substantially Completed by the and
(ii) also completed and ready for final payment are set forth in the Agreement.
4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be substantially completed on or before the 120th 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 April 30, 2025.
B. If the Work is not completed on or before April 30, 2025:
a) the CONTRACTOR shall cease construction operations, demobilize equipment as
accepted by the OWNER, and remobilize equipment to resume construction on or
after November 1, 2025 — without additional cost to the OWNER; and
b) Contract Times would pause on April 30, 2025 and recommence to run on
November 1, 2025 to run no later than April 30, 2026, 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.
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
$3,756.00 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 $3,756.00 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 5.01.13, 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: $6,676,566.80
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Written Amount: Six million six hundred seventy-six thousand, five hundred sixty-six
dollars and eighty cents
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,
Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%)
of the payment amounts due to the CONTRACTOR until substantial completion of
all work to be performed by CONTRACTOR under the Contract Documents.
B. For construction projects less than $10 million, at the time the OWNER is in receipt
of the Certificate of Substantial Completion, the OWNER shall have 30 calendar days
to provide a list to the CONTRACTOR of items to be completed and the estimated
cost to complete each item on the list. OWNER and CONTRACTOR agree that the
CONTRACTOR'S itemized bid shall serve as the basis for determining the cost of
each item on the list. For projects in excess of $10 million, OWNER shall have up to
45 calendar days following receipt of Certificate of Substantial Completion of the
project to provide CONTRACTOR with said list.
C. Payment of Retainage - Within 20 business days following the creation of the list,
OWNER shall pay CONTRACTOR the remaining contract balance including all
retainage previously withheld by OWNER except for an amount equal to 150% of the
estimated cost to complete all of the items on the list. Upon completion of all items on
the list, the CONTRACTOR may submit a payment request for the amount of the
150% retainage held by the OWNER. If a good faith dispute exists as to whether one
or more of the items have been finished, the OWNER may continue to withhold the
150% of the total cost to complete such items. The OWNER shall provide
CONTRACTOR written reasons for disputing completion of the list.
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.
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
Agreement (Public Works) REV 04-07 - 00520 - 4
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.
ARTICLE 7 - INDEMNIFICATION
7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, the Florida Department of Emergency
Management (FDEM) 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 as applicable: (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
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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.
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.
K. CONTRACTOR is registered with and will use the Department of un 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 an affidavit from all subcontractors, as required in Section
448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract
with an unauthorized alien.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following.
1. This Agreement (pages 00520-1 to 00520-10, 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 00622-6 inclusive);
6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive);
7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive);
8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of
the Work (page 00634-1
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9. General Conditions (pages 00700-1 to 00700-38, inclusive);
10. Supplementary Conditions (pages 00800-1 to 00800-12 inclusive);
11. Construction Specifications Prepared by Coastal Technology Corporation dated July
8, 2024.
12. Drawings consisting of a cover sheet (1), and sheets numbered 2 through 21,
inclusive, with each sheet bearing the following general title: Sector 4 Dune
Renourishment Proiect;
13. Addenda (if applicable 1);
14. Appendices to this Agreement (enumerated as follows):
Appendix A - CONSTRUCTION SPECIFICATIONS PREPARED BY COASTAL
TECHNOLOGY CORPORATION DATED JULY 8, 2024
Appendix B - ENVIRONMENTAL PERMITS
Appendix C — CONTRACTOR DAILY REPORT FORMAT
Appendix D — UPLAND SEDIMENT QC/QA PLAN
Appendix E - FDEM LAP AGREEMENT D1495
15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive);
16. Bid Bond (page 00430-1);
17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships (pages 00452-1 to 00452-2, inclusive);
18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2,
inclusive);
19. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive);
20. List of Subcontractors (page 00458-1),-
21.
0458-1);21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies
(page 00460-1);
Certification Regarding Lobbying (page 00465-1);
23. 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);
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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 parry 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
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.
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(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
publicrecordsa-indianriver.gov
Indian River County Office of the County Attorney
1801 27t" Street
Vero Beach, FL 32960
L. Failure of the Contractor to comply with these requirements shall be a material breach of
this Agreement.
10.07 Cooperative Use
A. CONTRACTOR has agreed to allow other Municipalities in Indian River County or neighboring
Counties to obtain the same services at the same prices, terms and conditions as this
agreement. OWNER is not a party to any agreement or dispute between Contractor and any
other Municipality.
ARTICLE 11 —ADDITIONAL TERMS
11.01 All work under this agreement must comply with the Florida Department of Emergency
Management LAP Agreement D1495, listed in the contract documents as Appendix E and
incorporated by reference.
11.02 CONTRACTOR is bound by the terms of the FDEM LAP Agreement D1495.
11.03 CONTRACTOR is bound by all applicable state and federal laws and regulations.
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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 September 24, 2024 (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:
Dickerson Infrastructure, Inc.
INDIAN RIVER COUNTY •conIn��^•. dba. Dickerson Florida, Inc.
By:—
u a ams, Chair a (Contractor)
By: o9L f,t: ' oe°�•• 2CORPO T E )
J n A. Titkanich, Jr., my Adminis'tx'atrcco4ut�� '
.,.
APPROVED AS TO FORM AND LEGAL
SUFFICIE
By:
(, Jennifer W. Shuler, County Attorney
Ryan L. Butler, Clerk of Court and Comptroller
Attest:���
Deputy Clerk
(SEAL)
Designated Representative:
Name: Eric Charest
Title: Assistant Natural Resources Director
1801 27th Street
Vero Beach, Florida 32960
(772) 226-1569
Attest
r» ,
Address for giving notices:
Physical : 3122 North 25th Street
Fort Pierre Florida 34946
Mailina: P.O. Box 910 _
Fort Pierce, Florida 34954
License No. CGC1512275
(Where applicable)
Agent for service of process:
Designated Representative:
Name:
Michael B. Bryant Title:
President
Address:
3122 North 25th Street
Fort Pierce, Florida 34946
Phone: 772-429-4450
Facsimile: 772-429-4445
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to sign.)
* * END OF SECTION * *
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ITEMIZED BID SCHEDULE
PROJECT NAME: SECTOR 4 DUNE RENOURISHMENT PROJECT
PROJECT NO. IRC - 2318 BID NO. 2025004
Dickerson Infrastructure, Inc.
BIDDERS NAME: dba Dickerson Florida, Inc,
Item No.
Description
Unit
Quantity
Unit Price
Amount
1
MOBILIZATION/DEMOBILIZATION
LS
1
$ 90,000.00
$ 90,000.00
2
ENVIRONMENTAL COMPLIANCE
LS
1
$ 1500.00
$ 1500.00
3
SAND FILL
CY
135,000
$ 41.50
$ 5,602,500.00
4
DUNE VEGETATION
EA
147,788
$ 1.10
$ 162,566.80
5
ESCARPMENT LEVELING & TILLING
LS
1
$ 20,000.00
$ 20,000.00
6
SITE RESTORATION
LS
1
$ 10,000.00
$ 10,000.00
7
SURVEYS
LS
1
$ 40,000.00
$ 40,000.00
SUB TOTAL
$ 5,926,566.80
FORCE ACCOUNT
$ 750,000.00
TOTAL BID AMOUNT (INCLUDING FORCE ACCOUNT) TOTAL
$ 6,676,566.80
LS=Lump Sum EA=Each CY=Cubic Yard AC=Acre
NOTE: IF THERE IS A DISCREPANCY BETWEEN THE PLANS (SUMMARY OF PAY ITEMS) AND THE ITEMIZED BID SCHEDULE THE BID
SCHEDULE WILL BE UTILIZED FOR BIDDING PURPOSES.
TOTAL PROJECT BID AMOUNT IN WORDS six million six hundred seventy six thousand five hundred sixty six dollars and
eighty cents
BID ITEM NOTE: ITEM #1 MOBILIZATION/DEMOBILIZATION SHALL INCLUDEALL THE COSTS ASSOCIATED WITH THE CONTRACTORS SELECTED
METHODOLOGY FOR SAND PLACEMENT
BID ITEM NOTE: ITEM #6 PERMIT ENVIRONMENTAL COMPLIANCE: SHALL INCLUDEALL THE COSTS ASSOCIATED WITH THE CONTRACTORS SELECTED
METHODOLOGY FOR SAND PLACEMENT
Will your company extend the bid and resulting agreement to other Yes ❑ No IS
governmental agencies?
00310-3
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