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HomeMy WebLinkAbout2007-042A SECTION 00530 - EJCDC Lo � O , 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 Undprannnind I ItilitiPS, Ind, (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 Pmiect Desrr' tion : 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 t Itilit_ es Department 1840 251h Street Vero Beach Florida 92960 (77 - 6. 1s 9) . 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 $ 245 852 00, 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. ARTICLE 3. CONTRACT TIME . 3. 1 This Agreement shall remain in full force and effect for a period of two (g) Yeaafter 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 - Underground Utilities Inc. 00530-1 CiDocunnents and SetbngsV Jackson\Local Settings\Temporary Internet Files\01_1<86\00530 EJCDC - Underground Utilities Inc-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 $ 245 8.92 00, 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 - Underground Utilities Inc. 00530-2 QED uU Ms and setlingsAacksonLLxal Settings\Temorary Intemet Files\OLK%\00530 EJCDC - Undergmund Utilities Inc-doc 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 - Underground Utilities Inc. 00530-3 C:\Docurnents and settingsV jackson\Local Settings\Temporary Intemet Files10LKM00530 EJCDC - Underground Utilities Inc..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 October 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 party sought to be bound; and specifically but without limitation moneys that 00530 EJCDC - Underground Utilities Inc. 00530-4 CADocurrents and SettingsUkjackson\Local SeniingmTemporary Internet Files\01-1<86\00530 EJCDC - Underground Utilities Inc..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 parry 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 - Underground Utilities Inc. 00530-5 CdDocuments and SettingsVgackson\Local Settings\Temporary Internet Files\OLK86\00530 FJODC - Underground Utilities Inc..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 6-12007. OWNER CONTRACTOR Indian River County Underground Utilities I r Board of County Commissioners BY— BY Gary #. Wheeler, Chairman (CORPORATE SEAL) x Attest: = Attest: J . K. Bafwn, Clerk of the� rcuit Court Deputy Clerk Approved: f^ J!ph A . Baird, County Administrator Aoy dastoFot rzd_ _ega1 Sufficiency: ty Attorney Address for giving notices Address for giving notices 1840 25th Street 390 21 S1 Street SF Vero Reach Florida 32980 Vero Reach FL 3296P License No. CUC 051660 Agent for service of process: (If CONTRACTOR is a corporation , attach evidence of authority to sign) ** END OF SECTION ** 00530 EJCDC - Underground Utilities Inc. 00530-6 C:\o currents and seidngsV jackson\Local Settings\Temporary Internet Files\01-1(86=530 EJCDC - Underground Utilities Inc-doc From : Melissa Ferrell At: Pntchards & Assodates, Inc FaXID: Pntohards Associat To: Donna Date: 2212007 08:39 AM Page: 1 of 1 ACORD,M CERTIFICATE OF LIABILITY INSURANCE z Fran: Malelana Thacker At: PHtchards And Assodates, Inc. Fa%ID: Prltchards Assooat 10: IJOnna LARe: umzw ( W. I r rnl rage. c wl 4 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID DATE IMMDDIYYYN) UNDO-U-3 02/08 /07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Pritchards 6 Associates , Inc . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1802 S Parrott Ave ALTER THE COVERAGE AFFORDED BY THE POlKIES BELOW. Okeechobee FL 34974 -6179 Phone : 863 -763-7711 rax : 863-763 -5629 INSURERS AFFORDING COVERAGE NAIC # INSURED INSLIERA Progressive Express 10193 vA,TFPn a Dad round Utilities Xnc . INSIJERC. 390 21st Street SE INSBER rr. Vero Heath FL 32962 -7322 INSURER E' COVERAGES THE POLICES OF M116NCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABDVE FOR THE PO-Cy PERIOD INDICATED. NDTWITSTANDW ANY W WIREMENR. TERM OR CONDITION OF ANY CONIRACT OR OTHER DOCUMENT WITH RESPECT TO YRMOT THIS CERTIFICATE MAY BE ISSLEO OR MAY PERTAIN. THE IN%FINTCE AFFORDED BY THE POLICIES DESCRIBED HEREB IS SUBJECT TO ALL THE TERMS, E% USICtS AND CONDITIONS OF SLC71 POLICIESAGGREGATELMITS SHOWN MAY HAVE BEEN REOICED BY PAID CI1HM6. LTR NSK TYPE OF NSURFNCE POLICY NUMBER OATS TMMIDOM!) DATE IMWDOIYY) LOUTS GENERAL LNBLT' EACYk OCCIfAENCE F CMI,ERCIAL GENERAL LIPBtm PREMISES (Ea ¢nr.once) i QNMS MADE ElOCCUR MED E%P (AM ore P6(seR) I PERSOWL AADV NARY II GENIERAL AGGREGATE S GFTJL PGCiEGAIE LMRPPPLES PER: PRODl1C1S - COMP/OPAGG i POLICT FRO- LOC JECT AUTOMOBLE LNBIm COMMANEO SINGLE LIMIT A X ANYANO 8199875-1 08/12/06 08 /12/07 (Ee 8ca10�) T 300000 ALL OYREDAIITOG BOaLY INJURY F X ScHEOU.ED ADTos (PN PNeo^) HIRED ANCG BOgLY INJURY F NONOWMED ANDS IPer ecdOmH PROPERTY D.MAAGE F IF" emBSN) GARAGE LIABILITY ADTOONLY - EAAk:CJaEM S / ADTO OBER THAN FAAL F ANOOWY' E%CESSAMBRuI • LMB%m ETCH OCCULENICE F DcC CIAIMS MACE AGGREGATE $ i DEDUCTIBLE F RETENTION $ S WOMERS COMPENSATION ATORY WL mm FR EMPLOYERS' LNBILm ANY PRDPRIET[PRARIMERPrJlELNIVE E.L. EPJJIP.CCDEM S DFFICERMEABER fJCCLIAED'! E.L. aGEASE - EA EMPLOYEE S N yes, Mesvlbe latlar SPECIAL PROVISIONS below EL. aSFASE - POLICY LMR 1 OVER DESORPTION OF OPBNATIOH4I LOcATIDMI VEHICLE I E)(CLUMONS ADDED BY iBDORSEMBlfI SPECNL PROWSIO IS Holder is listed Additional Insured on the Ccmme=ial Auto Policy CERTIFICATE FOLDER CANCELLATION INDT,N'J SHO= ANY 0E THE ABOVE DESCRIB® POLICIES BE CANCELED BEFORE TIF E%PIRATTON OATS THEREOF, T MSUMG R/SURER W L ENOEAVORTG MAL 10 DAYS YYROTEN Indian River County Purchasing NOTICETOVECERTEICAME ERNAMFn TOTHELEFT, B FMUIMMDOSOSRNLL Division MPOSE NO aNJWTI[IN OR LA1BILm OF ANY IaeD DPdJ TIE MEURNt, fT3 AGENTS OR 1840 25th Street Vero Beach FL 32960 -3335 REPIESENTATNES. ACORD 26 (2001108) 111 ACORD CORPORATION 1988 • ' • Tm CERTIFICATE OF LIABIURY INSURANCE Y F� M-937-2138 Insured: South East Personnel Leasing, Inc. 2739 U.S. Highway 19 N. HoidayFL 34691 ®_ pad cW= 1. ILI to ■3ENERAL LIABILITYCornnnerciall General Liability rrr'� ■ ■ CWkm Made ■ Occur ■ T11 �IL AUTOMOBILE LIABILITY ■ ■ ■ EXCESMMBRELLA LIABILITY ■ ■ . . ■ .: - ■ Workers Coffipensaflon and Employers' Liability mclu . . . COVERAGE APPLIES ONLY TO THOSE EMPLOYEES LEASED, NOT TO SUBCONTRACTORS. ADD01,IDAM: 1 /8/2007 COVERAGE APPLIES ONLY IN THE STATE OF FLORIDA TO THOSE EMPLOYEES LEASED TO BUr NOT SUBCONTRACTORS OF Undwground Lasses. Inc. FAX: 772- 29"2291 ISSUE 02-11"Ir (W Lion Insurance Company is A.M. Best Company rated A- (Excellent). AMB # 12616 INDIAN RIVER COLINTY 10 D OF COUNTY