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Home My WebLink About2003-115 SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT, dated the 13th day of May in the year 2003 by and between Indian River County, a political subdivision of the State of Florida ( hereinafter called OWNER) and Tr _as tr Coast Contracting Inc . ( hereinafter called CONTRACTOR) . OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth , agree as follows : ARTICLE 1 . WORK CONTRACTOR shall complete all work as specified or indicated in the Contract Documents . The work is generally described as follows : Construction of approximately 8 , 000 LF of 4" PVC water main , 6 , 000 If OF 6 " PVC water main , 500 LF of 6 " Directional Drill water main , 2 , 500 LF of 12 " PVC water main , 10 Fire Hydrant Assemblies , 120 single water services and 40 double water services in the Florida Ridge Subdivision south of Vero Beach , Indian River County, FL . Construction consists of, but is not limited to , utilities exploration , coordination with any permitting agencies , trenching , dewatering , installation of pipe with fittings and all appurtenances , restrainers and soil compaction , disinfection , testing ( includes providing temporary jumper or another approved method for disinfection and flushing) irrigation repair, private property replacement or repair, franchise utility repair and traffic control . PVC pipe shall be C -900 and/ or C -909 and Directional Drill pipe shall be C906 per Indian River County Utility Standards and Specifications . CONTRACTOR , as an independent contractor and not as an employee , shall furnish , for the sum amount of $493 , 018 . 90, all of the necessary labor, material , and equipment to perform the work described above in accordance with the Contract Documents . ARTICLE 2 . ENGINEER The project has been designed by Indian River County Utilities Department, hereinafter called ENGINEER , and who is to act as OWNER'S representative , assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents . 00530- 1 F:\Utilities\UTILITY - ENGINEERING\Projects - Assessment Projects\FLORIDA RIDGE - UCP#2164 (Bid No. 5046)\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor. doc • ARTICLE 3 . CONTRACT TIME , 3 . 1 The work will be completed in accordance with the following time frame . (a ) Within 15 calendar days from effective date of Notice to Proceed , Contractor shall complete the following tasks : 1 . Obtain all necessary permits . 2 . Receive approved shop drawings for all materials and equipment to be utilized in the job . 3 . Perform all photographic recording and documentation of conditions prior to construction . 4 . Locate all existing utilities in the area of work . 5 . Mobilize all labor, equipment , and materials . 6 . Deliver and store all equipment and materials to the job site . 7 . Notify all utilities and other affected parties prior to initiating construction . ( b ) From JL calendar days to JLQ calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Install all pipe and appurtenant items . 2 . Perform all testing . 3 . Restore all disturbed areas to their pre-construction condition . 4 . Correct all deficiencies noted by Engineer. Completion of all tasks outlined above ( i . e . , Subparagraphs a and b ) constitute Substantial Completion . ( b ) From JJU calendar days to 1$Q 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 close-out procedures . Completion of all tasks outlined above ( i . e . , Subparagraphs a , b , and c) constitute Final Completion . 3 . 2 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 Paragraph 3 . 1 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 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 and fifty 00530-2 F:\Utilities\UTILITY - ENGINEERING\Projects - Assessment Projects\FLORIDA RIDGE - UCP#2164 (Bid No. 5046)\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor. doc 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 Time or any proper extension thereof granted by OWNER , CONTRACTOR shall pay OWNER four- hundred and fifty dollars ($450 . 00 ) for each day that expires after the time specified in Paragraph 3 . 1 for completion and readiness for final payment . 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 $40 018 . 90 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 . 5 . 1 Progress Payments . OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER , on or about the 30th day of each month during construction as provided below. The OWNER shall retain ten ( 10 ) percent of the payment amounts due to the CONTRACTOR until final completion and acceptance of all Work to be performed by the CONTRACTOR under the Contract Documents . Each request for a partial payment shall be submitted on an Application for Payment Form , which shall be accompanied by a executed copy of the Certification of Contractor. The OWNER WILL provide the forms . All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Paragraph 2 . 9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed ) , or, in the event there is no schedule of values , as provided in the General Requirements . 5 . 1 . 1 Prior to Substantial Completion , progress payments will be made in an amount equal to the percentage indicated below, but, in each case , less the aggregate of payments previously made and less such amounts as ENGINEER shall determine , or OWNER may withhold , in accordance with Paragraph 14 . 7 of the General Conditions . 50 % of materials and equipment not incorporated in the work ( but delivered , suitably stored and accompanied by documentation satisfactory to OWNER as provided in Paragraph 14 . 2 of the General Conditions ) , 5 . 2 Final payment. Upon final completion and acceptance of the work in accordance with Paragraph 14 . 13 of the General Conditions , OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14 . 13 . 00530-3 F:\Utilities\UTILITY - ENGINEERING\Projects - Assessment Projects\FLORIDA RIDGE - UCP#2164 (Bid No . 5046 )\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor.doc 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 as provided in Paragraph 4 . 2 of the General Conditions , and accepts the determination set forth in Paragraph SC-4 . 2 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 Time and in accordance with the other terms and conditions of the Contract Documents , including specifically the provisions of Paragraph 4 . 2 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 . 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 Time and in accordance with the other terms and conditions of the Contract Documents , including specifically the provisions of Paragraph 4 . 3 of the General Conditions . 00530-4 F:\Utilities\UTILITY - ENGINEERING\Projects - Assessment Projects\FLORIDA RIDGE - UCP#2164 (Bid No. 5046)\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor.doc 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 . 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 Performance and other bonds (Sections 00610 and 00620 ) . 8 . 3 Notice of Award and Notice to Proceed . 8 . 4 General Conditions (Section 00700) . 8 . 5 Supplementary Conditions (Section 00800) . 8 . 6 Specifications bearing the title IRCUITS Water and Wastewater ITtilit Standards, January,_ 1997 or latest v rsion 8 . 7 Drawings , inclusive with each sheet bearing the following general title title " FLORIDA RID BDIVI ASSFSSMFNT PRO I C'T" 8 . 8 Addenda numbers 1 to 1 _, inclusive . 8 . 9 Indian River County Water and Wastewater Utility Standards . 8 . 10 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 . 4 and 3 . 5 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 . 4 and 3 . 5 of the General Conditions . 00530-5 F:\Utilities\UTILITY - ENGINEERING\Projects - Assessment Projects\FLORIDA RIDGE - UCP#2164 ( Bid No. 5046)\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion) Agreement between Owner and Contractor.doc 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 No assignment by a party hereto of any rights under or interests in the Contract Documents 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 . 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 . IN WITNESS WHEREOF , OWNER AND CONTRACTOR have signed this Agreement in triplicate . One counterpart each has been delivered to OWNER , CONTRACTOR , and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on May 13 , , 2003 . OWNER CONTRACTOR Indian River Counbv Trpqqi Ire Coast Contracting - Inc_ Board of County commission .rs 00530-6 F :\Utilities\UTILITY - ENGINEERING\Projects - Assessment Projects\FLORIDA RIDGE - UCP#2164 ( Bid No. 5046)\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor.doc 4PBY BY Kennet, Macht , Chairman Lawrence J . yers , P dent B C ApMay 13 , 2003 (C PORA SEP.L ) Attest: Attest : J . K . Barto , of the Circuit Court Deputy Cl r Approved By: Appr ed as to Form and L Sufficiency: Ja es E . Chandler, County Administrator my Attorney Address for giving notices Address for giving notices 1840 25th Street 6290 Old Dixie Hwy-- P . 0 - Box 6 0 4 Vero Beach Florida 32960 VeroBeach ,, FL 32965 License No, - 0 7303 ( If CON is a corporation , attach ence ot aU orl END OF SECTION 00530-7 F:\Utilities\UTILITY - ENGINEERING\Projects - Assessment Projects\FLORIDA RIDGE - UCP#2164 (Bid No . 5046)\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor. doc Division of Corporations Pagel of 2 Florida Deparbuenf of State, Division of Corporations � I F y • ti li., 1 % • S �I �7rri �. sirrtHrz .nr �* Pubs hC I nquiry Florida Profit TREASURE COAST CONTRACTING, INC . PRINCIPAL ADDRESS 6290 OLD DIXIE HWY VERO BEACH FL 32967 US Changed 03/ 10/ 1997 MAILING ADDRESS POB 650249 VERO BEACH FL 32965 Document Number FEI Number Date Filed P92000004324 650369820 11 /06/ 1992 State Status Effective Date FL ACTIVE NONE Registered Agent Name & Address MCHUGH, JOHN J JR 333 17TH ST STE U VERO BEACH FL 32960 Officer/Director Detail Name & Address Title MYERS, LAWRENCE J 4925 4TH ST. D VERO BEACH FL 32968 Annual Reports Report Year Filed Date Intangible Tax 2001 01 /09n001 http : //ccfcorp . dos . state . fl .us/scripts/cordet. exe?al =DETFIL&n 1 =P92000004324&n2=NA . . . 6/23 /2003 Division of Corporations Page 2 of 2 2002 II 01 /21/2002 11 Previous Filing Return to List Next Filing No Events No Name History Information Document Images Listed below are the images available for this filing . ANN REP/UNIFORM BUS REP ANN REP/L NIFORM BUS REP ANN REP/UNIFORM BUS REP 104/ 11 /27000ANN REP/LNIFORM BUS REP 03/ 16/ 1999 .- ANNUAL REPORT 05/05/ 1998 -- ANNUAL REPORT 03 / 10/ 1997 -- ANNUAL REPORT 02/23/ 1996 -- 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD ; SEE DOCUMENTS IF QUESTION OR CONFLICT Wf . uX✓r.. Gs...y44'u�kp. , v 6n F. : > ��u. ,F � ' �� ,. . http : //ccfcorp . dos . state . flus/scripts/cordet, exe?a1 =DETFIL&n 1 =P92000004324&n2=NA . . . 6/23 /2003