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HomeMy WebLinkAbout2005-349 SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT dated the day o in the year 2005 by and between Indian River Coun , a political subdivi Ion of the State of Florida ( hereinafter called OWNER) and UndLarrimund Utilities , 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 : The contractor shall provide all labor, mobilization , materials , services , and permitting associated with this project . The construction generally consists of the following : 1 . installation of a 6- inch plug valve at Lift Station # 109 , 2 . installation of new pumps , electrical panels at Lift Stations # 108 and # 115 , and 3 . installation of conduit and three - phase electrical service at Lift Station # 115 . All construction shall be in accordance with Indian River County Utility Standards and Specifications , and the Specifications included in the Construction Plans for this project. The old electric panels that are to be replaced shall be removed and demolished after the successful start- up of the new pumps utilizing the new electrical panels . The old pumps are to be turned over to the Utilities Department . The existing BTU 's are to be reused and reconnected . The intent of the electric details is based on the latest Indian River County electrical panel , as provided by ABS . The lift stations are to remain in service during construction . Bypassing of sewage can be avoided by construction and placement into service of the new panel and one pump , while the existing pump and panel remain operational . CONTRACTOR , as an independent contractor and not as an employee , shall furnish , for the sum amount of $132,%MM, all of the necessary labor, material , and equipment to perform the work described above in accordance with the Contract Documents . ARTICLE 2 . ENGINEER 8 . 1 The project has been designed by Kimley- Horn and Associates , 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 . 00530 - 1 C :\Documents and Settings\kjackson\Local Settings\Temporary Internet Files\OLK86\00530 EJCDC - REVISED (per Marion 8-25- 05) 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 1E calendar days to 212 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 . ( b) From 21 calendar days to JD5 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 . 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 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 . In addition , 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. 00530-2 C :\Documents and SettingsVyackson\Local Settings\Temporary Internet Files\OLK86\00530 EJCDC - REVISED (per Marion 8-25- 05) Agreement between Owner and Contractor.doc 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 $ 132 500 . 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 . The Contractor acknowledges that the Florida Prompt Payment Act, Florida Statutes Section 218 . 70 et . seq . (2004) attached and as referenced as 8 . 11 of Article 8 , will govern all payments . 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 an 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 , ARTICLE 6. INTEREST. Not Applicable , 00530-3 CADocuments and Settings\kjackson\Local Settings\Temporary Internet Files\OLK86\00530 EJCDC - REVISED (per Marion 8-25- 05) Agreement between Owner and Contractor.doc 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 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) . 00530 -4 C :\Documents and Settings\kjackson\Local Settings\Temporary Internet Files\OLK86\00530 EJCDC - REVISED (per Marion 8-25- 05) Agreement between Owner and Contractor.doc 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 " IRCD jS Water and Wastewater Utility Standards September 2004 or latest version" 8 . 7 Drawings , inclusive with each sheet bearing the following general title "Construction Plans for Hydraulic Improvements to Left Station # 109 for Indian River County Utilities May 005" as prepared by Kimley- Horn and Associates , Inc . 8 . 8 Addenda numbers 1 to 2 , inclusive . 8 . 9 Indian River County Water and Wastewater Utility Ordinances , 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 , 8 . 11 Florida Prompt Payment Act , FS Section 218 . 70 et . seq . (2004) . 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 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 , IN INDIAN 00530 -5 CADocuments and Settings\kjackson\Local Settings\Temporary Internet Files\OLK86\00530 EJCDC - REVISED (per Marion 8-25- 05) Agreement between Owner and Contractor.doc RIVER COUNTY AND AT THE TIME OF BIDDING , 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 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 . 00530-6 C :\Documents and Settings\kjackson\Local Settings\Temporary Internet Files\OLK86\00530 EJCDC - REVISED (per Marion 8-25- 05) Agreement between Owner and Contractor.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 , 2005 . OWNER CONTRACTOR 'Indian River County Unggro and )tiliti . s , Inc . Board of Count CommiGGion . r BY ' — BY Thomas S . Lowther, Chairman George E . French , President Date Approved by BCC (CORPORATE SEAL) m Attest : Attest : '(L. J . KBarton , ), t 'of the Circuit Court Bylrt. � beputy Clerk .,Ike (Tproved: seph A. Baird , County Administrator pp v as to Form and Legal Sufficiency: ounty as y Address for giving notices Address for giving notices 1840 25th Rtr _ _t 390 21St Street SF— Vero Beach , Florida 32960 Vero B .a .h , F 3 A6 License No . CUC051660 Agent for service of process : ( If CONTRACTOR is a corporation , attach evidence of authority to sign ) ** END OF SECTION ** 00530-7 C:\Documents and Settings\kjackson\Local Settings\Temporary Internet Files\OLK86\00530 EJCDC - REVISED (per Marion 8-25- 05) Agreement between Owner and Contractor.doc