HomeMy WebLinkAbout2005-098 SECTION 11 - CONTRACT AGREEMENT f
1 ILL Form of Agreement
INDIAN RIVER COUNTY PROJECT #2347
Central Regional Wastewater Treatment Plant
Expansion From 2. 0 Mgd. To 4. 0 Mgd
INDIAN RIVER COUNTY , FLORIDA
THIS AGREEMENT made and entered into on the 29th day of March 2015_, by and
between : (name) Indian River Industrial Contractors (address) 6353 Greenland Road — Post Office Box
23086 , Jacksonville , FL 32241 - 3086 hereinafter called the Contractor, and INDIAN RIVER COUNTY ,
a Political Subdivision of the State of Florida organized and existing under the Laws of the State of
Florida, hereinafter called the County.
WITNESSETH :
That the Contractor and the County, for the consideration hereinafter named, agree as follows :
Article 1 : SCOPE OF THE WORK : The Contractor shall furnish all of the materials and perform all the
work shown on the Drawings and described in the Specifications entitled INDIAN RIVER COUNTY
PROJECT #2347 for Indian River County, Florida and shall do everything required by this Agreement
and Contract Documents .
Article 2 : COMMENCEMENT, COMPLETION AND LIQUIDATED DAMAGES : The Contractor
will be required to commence work under this Contract within ten ( 10) calendar days after receipt of the
Notice to Proceed and shall complete the project within Four Hundred Fifty- Six , (456) calendar days as
specified in the Bidding and General Requirements . The Contractor agrees to reimburse Indian River
County, Florida, as liquidated damages for each calendar day elapsing between the date herein specified
as the day of full completion and the actual day of such completion of the contract work the amount of
Four Hundred Fifty Dollars ($ 450 . 00) per calendar day. Time is of the essence .
Liquidated damages are hereby fixed and agreed upon between the parties , recognizing the impossibility
of precisely ascertaining the amount of damages that will be sustained by the County as a consequence of
such delay, and both parties desiring to obviate any question or dispute concerning the amount of such
damages and the cost and effect of the failure of Contractor to complete the Contract on time . The
above- stated liquidated damages shall apply separately to each portion of the Project for which a time for
completion is given . The Contractor and County agree that County is authorized to deduct all or any
portion of the above- stated liquidated damages from the monies due to Contractor for the Work under
this Contract as the County deems just and reasonable . In addition to the above- stated liquidated
damages , the Contractor shall be responsible for reimbursing the County for all costs incurred by County
to third party consultants including, without limiting the generality of the foregoing, any Engineer in
1 . 1 L 1 . Form of Agreement (Cont'd)
administering the construction of the Project beyond the Substantial Completion date as specified
in the Contract or beyond an approved extension of time granted to Contractor, whichever date is
later.
Articles : THE CONTRACT SUM : The County will pay the Contractor for performance of
the Contract, subject to additions and deductions provided therein, hi current funds as follows :
Numerical Amount : $4, 477 , 000 . 00
Written Amount: Four Million Four Hundred Seventy Seven Thousand and Noll 00'
Article 4 : PAYMENT AND RETAINAGE : Progress payments on the Contract amount for the
" value of Work completed and component material on site will be made upon request at not less
than monthly intervals . The request must be made to the County on an approved form
.. showing the component breakdown of the work for each item completed at the time of the
request . Except as otherwise set forth in the Contract Documents, ten percent ( 10%) of all
amounts earned will be retained by the County until final completion and acceptance of the
.. Contact . Contractor shall allow adequate processing time for County Commission final
acceptance and approval for final payment. The Contractor shall make the following certification
(Affidavit) on each Request for Payment: "I hereby certify that the labor and materials listed on
this Request for Payment have been used in the construction of this Work and payment received
from the last request for payment has been used to make payments to all subcontractors, laborers,
. .., material. men and suppliers except as listed below:
If one or more "Notice of Non-Payment" or "Notice to Owner" is received by the County, no
further payments will be approved until non-payinent(s) have been satisfied and a "Lien Waiver"
for each "Notice " has been submitted to the County . Upon request, Contractor shall furnish
acceptable evidence that all such claims have been satisfied. The Contractor may, with consent of
the Surety and indemnification of the County against any claims, receive payment for work for
which there is an outstanding Notice of Non-Payment or Notice to County.
Article 5 : ACCEPTANCE AND FINAL PAYMENT : Upon receipt of written notice that the
Work is ready for final inspection and acceptance, the County will promptly cause the Engineer to
make such inspection and when the County and the Engineer find the work acceptable under the
terms of the Contract and the Contract fully performed, the Engineer will promptly issue a final
completion certificate, over the Engineer's signature, stating that the work provided under this
Contract has been completed, and acceptance by the Engineer under the terms and the conditions
of the contract Documents is recommended and the entire balance found to be due the
.. Contractor, will be paid to the Contractor by the County following County Commission approval
of the final Contract payment.
83
•• 1 . 1 . Form of Ageement (Cont'd)
Before issuance of a final completion certificate, the contractor shall submit evidence satisfactory
r. to the County that all labor, services, material bills, and other indebtedness connected with the
Work have been paid. An affidavit must be submitted by the Contractor to the County stating
that all indebtedness connected with the Work has been paid . Such affidavit will be signed by a
duly authorized officer of the Contractor, will bear the firm' s seal, and will be notarized and
attested by two witnesses . A Waiver-of-Lien form signed by a duly authorized officer of all
Subcontractors, notarized and attested by two witnesses is required from each Subcontractor
engaged under the scope of this Contract, and must accompany the request for final payment .
The acceptance by the Contractor of final payment shall be and shall operate as a release to the
County 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
this Work and for every act and neglect of the County and others relating to or arising out of this
Work. Any payment, however, final or otherwise, shall not release the Contractor or the
Contractor' s surety from any obligations under the Contract Documents or the Payment and
Performance Bonds .
Article 6 : THE CONTRACT DOCUMENTS : Advertisement for Bids, Addendum as
Required, Bidding and General Requirements, Bid Proposal, Questionnaire, Form of Agreement,
Final Payment-Contractor, Affidavit, Final Pay Request, Payment & Performance Bond, Technical
Specifications, and the Drawings, form the Contract Document and they are as fully a part of this
Contract as if the same were hereto attached or herein repeated .
Article 7 : INDEMNIFICATION: 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 intentionally wrongful conduct of the Contractor and
persons employed or utilized by the Contractor in the performance of this Contract . This
indemnification and hold harmless provision shall survive the termination or expiration of this
.. Contract .
Article 8 : PUBLIC CONSTRUCTION PAYMENT AND PERFORMANCE BOND : The
Contractor shall furnish the County immediately upon execution of this Contract a Performance
Bond in an amount equal to 125 % of the contract price and a Payment Bond in an amount equal
to 100% of the contract price, conditioned upon the performance of this Contract by the
Contractor in accordance with the terms and conditions hereof, within the time herein provided,
and with the additional obligation that such Contractor shall promptly make payments to all
persons supplying him labor, materials and supplies, used directly or indirectly by the Contractor
in the prosecution of the Work provided for in this Contract . The Surety shall be authorized to
issue surety bonds in Florida and be included in the most recent United States Department of
Treasury List of Acceptable Sureties . Bidder shall require the attorney-in-fact, who executed the
84
rr
•r 1 . 11 . 1 . Form , of Agreement (Cont' d) T'
Payment Bond and the Performance Bond, to affix to each a current certified copy of their Power
of Attorney, reflecting such person' s authority as Power of Attorney in the State of Florida.
Further, at the time of execution of the Contract, the Contractor shall provide a copy of the
Surety' s current valid Certificate of Authority issued by the United States Department of the
Treasury under 31 United States Code sections 9304- 9308 . Each of the Payment Bond and
Performance Bond shall be submitted in the forms furnished in the Contract Documents . The
Contractor shall provide two separate bonds; a combined Payment and Performance Bond for
125 % of the contract price is not an acceptable substitute .
.. Article 9 . REMEDIES AND CHOICE OF LAW : This Agreement shall be governed by the laws
of the State of Florida. Any legal actions instituted under this Agreement that are justiciable in
state court shall be instituted in Indian River County. Any legal actions instituted under this
,. Agreement that are justiciable in federal court shall be instituted in the Southern District of
Florida. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy and each and every such remedy shall be cumulative and shall be in addition to every such
.. remedy given hereunder or now or hereafter existing at law or in equity or by statute
or
otherwise. No single or partial exercise by any parry or any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
Article 10 . GENERAL PROVISIONS
10 . 1 . Independent Contractor. The parties expressly recognize that the relationship between the
County and Contractor is that of County and independent contractor, and that neither the
Contractor nor any of his servants, agents, or employees shall ever be considered to be an
agent, servant or employee of the County.
10 . 2 . Pledge of Credit . The Contractor shall not pledge the County ' s credit or make it a
guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any
form of indebtedness . The Contractor further warrants and represents that it has no
obligation of indebtedness that would impair its ability to fulfill the terms of the Agreement .
10 . 3 . Counterparts . This Agreement may be executed in one or more counterparts, but all such
counterparts, when duly executed, shall constitute one and the same Agreement .
10 . 4 . Public Records . The County and the Contractor shall comply with the provisions of
Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement .
10 . 5 . Notices . All notices, requests, demands, approvals, consents, and other communications
required or permitted under this Agreement shall be in writing and shall be (as elected by
the person giving such notice) hand delivered by messenger; delivered by commercial
overnight courier service; sent by facsimile/telecopier; or mailed by registered or certified
mail (postage prepaid) return receipt requested and addressed to :
85
1 . 1 . Form of Agreement (Cont'd)
As to County : W. Erik Olson. P .E . .
Indian River County Department of Utility Services.
184025 th Street, Vero Beach, FL 32960
As to Contractor:
•• James W. Folds - President
6353 Greenland Road / Post Office Box 23086
Jacksonville, FL 32241 =3086
or to such other address as any party may designate by notice complying with the terms of this
Section. Each such notice shall be deemed delivered and effective on the date of hand delivery, or on
the second day after the date of deposit of notice with an overnight courier service, or on the date
upon which the return receipt is signed or delivery is refused or the notice is designated by the
postal authorities as not deliverable, as the case may be, if mailed.
IN WITNESS WHEREOF. the parties hereto have executed this Agreement the day and year first
written above.
CONTRACTOR Indian River Industrial Contractors, Inc.
P'Ltest:
.. By
�-. Tale : Jam , olds, President
Title: Sheila 'Ra, , Secret ryfrreasurer
`O INDIAN RIVER COUNTY
Attest: J. K. Barton, Clerk ' ' ' . `� OARD OF OUNTY COMMISSIONERS
By ° Ala" THOMAS S . LOWTHER , CHAIRMAN
'�"
Deputy 4rk
p y � 0 ,6, .Approved 03 - 29 - 2005
(Seal)
Approved:
Jo h A. B ' d, County Administrator
App oved as o form a d le suf cienc
72
ty o ey
86