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Home My WebLink About2007-042 115�- c12; SECTION 00530 - EJCDC L 0 ) STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT dated the 6th day of February in the year 2007 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and nPrricn Cnnctrimtinn Cnr tern atinn (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: General Project Description : The proposed work consists of various water distribution , wastewater collection and reclaim water transmission system improvements at various locations within the Urban Service Boundary in Indian River County and as specified in each of the Owner's individual Work Authorizations/Work Orders issued throughout the life of the Contract. The work may include after hours work and emergency type as defined in contract documents. All material (furnished by County) and all equipment furnished and all work performed (by Contractor) shall be in strict accordance with the Indian River County Department of Utility Services Water & Wastewater Utility Standards dated October 2006, which may be obtained from the Indian River County Utilities D . artm _nt 1840 25th Street. Vern Beach , Florida 32960 (772-226- 1823). The work is generally located in Indian River County in the Urban Service Area, although transmission utilities are located outside of this boundary. CONTRACTOR, as an independent contractor and not as an employee, shall furnish , for the sum amount of $ 0306 067_22 , 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 Gordon E. Sparks, P. E. , 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. ARTICLE3 . CONTRACTTIME . 3. 1 This Agreement shall remain in full force and effect for a period of two (2,earn after the date of execution , unless terminated by mutual consent of the parties hereto, and shall be able to be renewed for two one-year periods, upon mutual agreement of both parties. Bidder agrees that the work will be completed in accordance with the time frame as specified on individual Work Authorizations/Work Orders to be issued for each project by the Engineer based on the Schedule of Bid Items and as approved by the Board of 00530 EJCDC - Derrico Construction corporation 00530-1 CADocuments and Settings\gackson\Lo al Senings\Temporary Internet Files\OLK86\00530 EJCDC - Derrico Construction Corporation.doc County Commissioners . 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 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 $ 306, 067. 22 . ARTICLE 5. PAYMENT PROCEDURES, 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 . 5. 1 . 1 . 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. 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. 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, and the County 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(2005); or 00530 EJCDC - Derrico Construction corporation 00530-2 C:\Documents wd Setlings4gackson\Local Settings\Temorary Intemet Files\OLK%100530 EJCDC - Derrico Construction Ccrporation.dw otherwise the subject of a claim or demand by the County 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) (2005), Contractor further acknowledges and agrees that: 1 ) the County 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 of the withheld retainage until the final pay request. 5.3 Paragraphs 5 . 1 . 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 guidelines. 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 obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations , explorations, tests, reports and studies 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. 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. 7.3 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 00530 EJCDC - Derrico Construction Corporation 00530-3 C1Documenm and SeningsV iackson\Local Senings\Temporary Internet Files\OLK86\00530 EJCDC - Denico Construction Corporation.doc accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.3 of the General Conditions. 7.4 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 . 7.5 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 °IRCDUS Water and Wastewater Utility Standards Ortnhpr 2006 or latest version '. 8 .7 Addenda numbers N/A to , inclusive. 8. 8 Indian River County Water and Wastewater Utility Ordinances. 8. 9 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 . 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 parry sought to be bound; and specifically but without limitation moneys that 00530 EJCDC - Darrico Construction corporation 00530-4 C\Documents and Setlings%ackson\Local Settings\Tenporary Internet Files\OLK86\00530 EJCDC - Dernco Convection Corparation.doc 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 IN INDIAN RIVER COUNTY. 9 .5 CONTRACTOR agrees to indemnify and hold harmless the COUNTY, together with its agents , employees, elected officers and representatives, 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 work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. The Remainder of this Page Left Blank Intentionally 00530 EJCDC - Derrico Construction Corporation 00530-5 CBDocumerns and setnngs\Hackson\Local Settings\Temporary Internet Files\OLKNW530 EJCDC - Denko Construction Coryoration.doc 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 February, 2007. OWNER CONTRACTOR Indian River County Derrico Construction Corporation Board of County Commissioners Q /� BY 11, BY ��^-- 4 �i� ✓ Gary . wheeler, Chairman (CORPORATE SEAL) Attest: E Attest: J: K� a%n , Clerk of the Circuit Court p, ; Deputy Clerk ?proved �was ed CX.I . Baird , County Administrator to Form and Le iency: County Attorney Address for giving notices Address for giving notices 1840 25th Street P.O. Box 361177 Vero Beach Florida 32960 Melhourne FL 32936- 1177 License No. CUC 1294053 Agent for service of process : ;;;�? /14) !' i7c scn r�ti�� ( If CONTRACTOR is a corporation , attach evidence of authority to sign) ** END OF SECTION ** 00530 EJCDC - Derrico Construction Corporation 00530-6 CADocuments and SetlingsVkjacksoMLocal Settings\Temporary Intennet Files10LKOM0530 EJCDC - Derrico ConVwOion Corporation.doc Hrom tzdna I urner At J, Role Davis InsuranOe FaXID TO: err; vs Date: 219/1007 04.25 PM Page. ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID E DAT1021' 9107 DERRCON D2i09 / 07 PRGULCER THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE J Rolfe Davis Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P . O . Box 945255 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Maitland rL 32794 -52.55 Phone : 407 - 691_9600 INSURERS AFFORDING COVERAGE NAIL # 20494 Derrico Construction Corp . ra-PEP : a>,a3.uaa a,.Ast m. . ca . 10701 P . O . Box 361177 rrae Melbourne FL 32936 - 1177 r F.e� - COVERAGES - ) UEn JF IkAA_EUST B LOOV vAESE .AE_ TO n J L `:art DABO = FVR 1 PA PEPic0 4C,--AF--D A'OTWIT-STs DINP N1 PE J R@E TE i FICO J : ! OP AN" C A O-HER UI✓EN T, H RE PEC -- I rH H cTIF a FNA'! BE ISSUED OR A P. - W t SJR . . AF Ok EL v . HE OL IE 'E6CRltk Ir4S3 E ' 1CAL_ THE d. 5E".U6CN f1DiOl OPJz- JF6X:H 1Civ., 'SGP i P.1'd, i1A IMA . H:-„9 '_EE1 _Ev Br FAQ 'sN, fIWRI Z ---___ -- _ _TR HARD TPF OF INSLRANCE POLI:x NGMBER 17DLTG'(2FFCT'9E-rF61° �_ _ DATE (MMRDRr; DATE (AAMC'DMA LIMITS GEr`ERAL LIABILm' LA'" xwP;_� . 41000000 A X �X_! r`vv Rr+L ,,E,.F aeum 209169SS47 '�, 09/06 / 0611 09 / 06 /07 IPFF./r Es rEoc n ; 1300000 "`IFDEkvcneF s1c000 _ 00D000 _ 1 C ,.: ' § 2000000 ca=r. - 1C--PEGATE L1VT OPO-1=5 . _ Pan T, _c :,vmP a, C : s 2000000 - - . 1X _ �_ _. _• — . _ __ 1 I aur rno�L uAetln A X '' A' 1 2091695550 09 /06 / 05 09 / 06 /07 �'= a I .�L ,If 1000000 ,,r_, rr�.n ,Neo ., s - ; -w- -- oa,FEPT. -A'AA,.F -- ---' - - - _ - _- - - - i P C. ]311 GARAGE LIeBILIT' — ,t DFN 4 _ N _�-- '. E}CE3S JMBRELLA LIABILIr{ — T IAF., J. r:✓ = / 14000000 B 'FXV xeuR �—'. _ ales l.wLE 1 209169556409 /06 / Oo' 09 / 06 /07 a�cg000000 — __ IX c . 11..1. $ 10000 \%CRKERS COMPENSATION ALP I EMPLO : ER LIABILITY C / "- a -o,rvr 83034631 06 / 03 / 06 06 /03 /07 E E 600000 _ ex _r_,El ' a . . :r,r_ J nIE _ , IsE:�E - aErs -: :E_ If 500000 ,-c UTHEP —�- E E - row ,._,, ; 1 . 500000 wEYRIPTLN Cf UFEP,Tgp13 / UJCiTDN$ / VEHICLES / E[ClJ3OnS ACDE-0 BY ENDGR3EMEV' / S°ECITL PR_v:'v!Jh3 Re ! Indian River County Bid N : 2007026 Annual Labor =ontract ( Utilities ) . Indian River County is included as Additional Insured as respects General Liability under a blanket additional isured endorsement if required by T.•ritten contract . Liability is limited to loss or damage arising out of negligent acts of the insured . * Except as required by Florida Statute . CERTIFICATE HOLDER CANCELLATION INDRIV3 MCULD AHT OF 'NE ABO',E DESCRIBED POJCIES BE CaM]ELLEO BEF-RE THE EXPIRATION CArc THEREOF THE ',S3UWG ':r13U%R W LL ENDEAVOR TO MAIL 30 * DAYS WRITTEN Indian River County Hoard of Commissioners NOTICE TO T-E CERTIF'CATE HOLDER NAMED TO THE LEFT, BJT FA LURE TO DC 50 SHA_L Purchasing Division 'MPOSE s_-0RLIOATIOA OR LIAWLIT' OF AN” KI RC UPON THE INSURER, ', AOEIPS ' R 184D 25th Street REPRESEIgATIVES. Vero Beach FL 32960 L- REPRES=_NTA'NE ACORD 25 {2081N8) ® ACORD CORPORATION 1988