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HomeMy WebLinkAbout2025-050-. A. _ SECTION 00520 Agreement (Building & Facility Services) TABLE OF CONTENTS Ifs ARTICLE1- WORK........................................................................... ARTICLE 2 - THE PROJECT............................................................... ARTICLE3 - ENGINEER.................................................................... ARTICLE 4 - CONTRACT TIMES ........................................................ ARTICLE 5 - CONTRACT PRICE......................................................... ARTICLE 6 - PAYMENT PROCEDURES ............................................. ARTICLE 7 - INDEMNIFICATION...................................................... ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS ........................... ARTICLE 9 - CONTRACT DOCUMENTS ............................................ ARTICLE 10 - MISCELLANEOUS....................................................... 0 ....................................2 ....................................2 ....................................2 ....................................2 ....................................3 ....................................3 ....................................5 ....................................5 ....................................6 ....................................8 [The Remainder of THIS Page WAS LEFT BLANK INTENTIONALLY] F:\Purchasing\Bids\2024-2025 FY (2025000)\2025007 Restroom Renovations NC & Main Libraries\Sample Agreement.docx SECTION 00520 Agreement (Building & Facility Services) 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 Diaz Constructors, LLC (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: 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: BATHROOM RENOVATIONS INDIAN RIVER COUNTY MAIN LIBRARY AND NORTH COUNTY LIBRARY County Project Number: IRC -2403 Bid Number: 2025007 Project Address: 1600 21 St. Vero Beach, FL 32960 1001 Sebastian Blvd. Sebastian, FL 32958 ARTICLE 3 - ENGINEER 3.01 The Indian River County Public Works Department 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 F:\Purchasing\Bids\2024-2025 FY (2025000)\2025007 Restroom Renovations NC & Main Libra ries\Sample Agreement.docx A. The Work will be substantially completed on or before the 150th 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 180th 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 $1,699.001 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 $1,699.001 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.B, 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: $507,934.00 Written Amount: Five hundred seven thousand, nine hundred thirty-four dollars ARTICLE 6 - PAYMENT PROCEDURES 1 Reference for liquidated damages amount "Standard Specifications for Road & Bridge Construction, Florida Department of Transportation (FDOT) FY 2023-24, Section 8-10.2 for projects over $50,000 but less than $250,000. THE ACTUAL LIQUDATED DAMAGES AMOUNT WILL BE BASED ON THE CONTRACT AMOUNT AWARD AMOUNT AND WILL BE DETERMINED USING THE REFERENCED FDOT CRITERIA. F:\Purchasing\Bids\2024-2025 FY (2025000)\2025007 Restroom Renovations NC & Main Libraries\Sample Agreement.docx 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 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. F:\Purchasing\Bids\2024-2025 FY (2025000)\2025007 Restroom Renovations NC & Main Libraries\Sample Agreement.docx 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, 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 F:\Purchasing\Bids\2024-2025 FY (2025000)\2025007 Restroom Renovations NC & Main Libraries\Sample Agreement.docx 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); F:\Purchasing\Bids\2024-2025 FY (2025000)\2025007 Restroom Renovations NC & Main Libra ries\Sampie Agreement.docx 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); 9. General Conditions (pages 00700-1 to 00700-38, inclusive); 10. Supplementary Conditions (pages 00800-1 to 00800-13, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of a cover sheet and sheets numbered ABB through P-1, inclusive, with each sheet bearing the following general title: MAIN LIBRARY RESTROOM REMODEL; and Drawings consisting of a cover sheet and sheets lettered ABB through P-1, inclusive, with each sheet bearing the following general title: NORTH COUNTY LIBRARY RESTROOM REMODEL 13. Addenda (1-4); 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits 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. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. Anti -Human Trafficking Affidavit (page 00462-1); 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; F:\Purchasing\Bids\2024-2025 FY (2025000)\2025007 Restroom Renovations NC & Main Libraries\Sample Agreement.docx 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 February 25, 2025 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUN By: Joseph E. Flescher, Chairma Gni Jo n A. Titkanich, Jr., County Admin►,. CONTRACTOR: �IU7 ©liiS'fclt( dCSr L'tG �v btu (Contractor) (CORPORATE SEAL) / Attest )L1,V i'6,j APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WJ)Ut& By: nifer W. Shuler, County Attorney 911 Ryan L. Butler, Clerk of Court and Comptroller Attest:dj-'"lo \ Deputy Clerk (SEAL) Designated Representative: Name: Robert S. Skok Title: Capital Projects Manager 1801 27th Street Vero Beach, Florida 32960 (772) 226-1132 Address for giving notices: PD 400 6? oc / ,S*r ,,.JL 37 License No. CC7 C 153 6 Z6 Z (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * F:\Purchasing\Bids\2024-2025 FY (2025000)\2025007 Restroom Renovations NC & Main Libraries\Sample Agreement.docx ITEMIZED BID SCHEDULE PROJECT NAME: BATHROOM RENOVATIONS NORTH COUNTY AND MAIN LIBRARIES PROJECT NO. IRC -2403 BID NO. 2025007 BIDDER'S Name:—��Z/�� ftem No. Description Unit-Qsaritity UnkPrice Amount PART A (MAIN LIBRARY) MOBILIZATION - FOR CONTRACTS IN EXCESS OF 120 DAYS DURATION, PARTIAL PAYMENT WILL BE MADE AT 25% OF THE BID PRICE PER MONTH FOR THE FIRST FOUR MONTHS. IN NO EVENT SHALL MORE THAN 50% OF THE BID PRICE FOR THIS DIVISION 1 ITEM BE PAID PRIOR TO COMMENCING CONSTRUCTION ON THE PROJECT SITE. LS 1.0 / (} DIVISION 2 DEMOLITION/SITE WORK LS 1.0 (� DIVISION 3 CONCRETE LS 1.0 DIVISION 5 METALS LS 1.0 8 DIVISION 6 CARPENTRY LS 1.0 DIVISION 7 THERMAL & MOISTURE PROTECTION LS 1.0 t5 � } DIVISION 8 DOORS, WINDOWS, AND GLASS LS 1.0 6 (o / (� DIVISION 9 FINISHES LS 1.0 3f DIVISION 10 SPECIALTIES LS 1.0 I fI. Cl 44 DIVISION 12 FURNISHINGS LS 1.0 DIVISION 15 PLUMBING LS 1.0 ! (f DIVISION 16 ELECTRICAL LS 1.0 PL, �1 SUBTOTAL -PART A MAIN COUNTY UBRARY BATHROOMS REMODEL PART B (NORTH COUNTYI MOBILIZATION FOR CONTRACTS IN EXCESS OF 120 DAYS DURATION, PARTIAL PAYMEN I WILL BE MADE AT 25% OF THE BID PRICE PER MONTH FOR THE FIRST FOUR MONTHS. IN NO EVENT SHALL RE THAN 50% OF THE PRICE FOR HIS PROJECT �p [1�/, I , (� DIVISION 1 TEEM BE PAID PRIOR TO COMMENC NGOCO STRUCTION ON THE SITE LS 1.0 JO D 1`� a DIVISION 2 DEMOLITION/SITE WORK IS 1.0 11 lq5i4I ( t4 0 DIVISION 3 CONCRETE LS 1 0 �p L DIVISION 5 METALS LS 1.0 y (� DIVISION 6 CARPENTRY LS 1.0 DIVISION 7 THERMAL & MOISTURE PROTECTION LS DIVISION 8 DOORS, WINDOWS, AND GLASS LS 1.0 7 DIVISION 9 FINISHES LS 1.0 ;l DIVISION 10 SPECIALTIES LS 1.0 //-3 DIVISION 12 FURNISHINGS IS 1.0 DIVISION 15 PLUMBING LS 1.0 i K) DIVISION lb ELECTRICAL LS 1.0 (j r SUBTOTAL - PART B NORTH COUNTY LIBRARY BATHROOMS REMODEL) ALTERNATIVE 1 TOTAL (PART A + PART B) 999-25 FORCE ACCOUNT = $40,000.00 TOTAL PROJECT BID AMOUNT (INCLUDING FORCE ACCOUNTS) _ TOTAL PROJECT BID AMOUNT IN WORDS - ALTERNATE 1 00310-3R\Public Works\ENGINEERING DIVISION PROJECTS\2403 Restroom Renovations North County & Main Libraries\ I -Admin\Bids\Bid Documents\SS Bw-Q- -5 ocs\IRC-2403 ITEM BID SCHEDULE 20240812 ..LL""++'tll��Ww ITEMIZED BID SCHEDULE PROJECT NAME: BATHROOM RENOVATIONS NORTH COUNTY AND MAIN LIBRARIES PROJECT NO. IRC -2403 BID NO. 2025007 BIDDER'S Name: i ftem ko. Description Unit Quantity Unit Price Amourrt Alternative 2 (Alternative 1 & EVENING OR WEEKEND WORK) ALTERNATIVE 1 - TOTAL (PART A + PART B) sum 1,0 ITEM 1 PER DAY SURCHARGE FOR PERFORMING EVENING OR WEEKEND WORK OUTSIDE OF NORMAL COUNTY WORKING HOURS BY DIRECTION OF PROJECT MANAGER DAY 30.0 TOTAL 999-25 FORCE ACCOUNT = $40,000.00 TOTAL PROJECT BID AMOUNT (INCLUDING FORCE ACCOUNT) 93 q r r TOTAL PROJECT BID AMOUNT IN WORDS - ALTERNATIVE 2 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. 00310AFaPublic Works\ENGINEERING DIVISION PROJECTS\2403 Restroom Renovations North County & Main Libraries\1-Adrnin\Bids\Bid Documents\SS Bid D ocs\IRC-2403 ITEM RID SCHEDULE 20240812