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SECTION 00530 - EJCDC 0 7 ` ® 0
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT dated the 24th day of August in the year 2004 by and
between Indian River County, a political subdivision of the State of Florida (hereinafter called
OWNER) and (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 project anticipates the construction of approximately 2700 LF of 12 "
PVC water main , 6 Fire Hydrant Assemblies , 7 valves and 150 LF of 12 "
Directional Drill water main . 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 , soil compaction , disinfection , testing ( includes providing
temporary jumper or another approved method for disinfection and
flushing ) , irrigation repair, private or public property replacement or repair,
franchise utility repair, ROW restoration and traffic control . PVC pipe shall
be C-900 per Indian River County Utility Standards and Specifications and
FDOT Standards .
CONTRACTOR , as an independent contractor and not as an employee , shall furnish , for the sum
amount of $_167 , OS 0 " 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 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 .
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ARTICLE 3 . CONTRACT TIME ,
3 . 1 The work will be completed in accordance with the following time frame .
(a ) Within 10 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 IE calendar days to 00 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 01 calendar days to 12.0 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
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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 $_167 . 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 .
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 ) ,
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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 .
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
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Owner and Contractor.doc
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 . 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 IRCDITS Water and Wastewater utility Standards.
Fehrnary 2004 or latest version .
8 . 7 Drawings , inclusive with each sheet bearing the following general title title "WATER
MAIN PROJECT ON LIS 1 FROM GARDEN GROVE TO GROVE ISLE
ESTATES"
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
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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 .
9A 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 .
9 . 6 In addition to any other required insurance , the CONTRACTOR shall , at least ten
( 10 ) days prior to the effective date of this contract , provide to the COUNTY a
certificate of commercial general liability insurance with a reputable insurance
company authorized to do business in the State of Florida , subject to approval by
the County's risk manager in an amount not less than $3 , 000 , 000 combined single
limit for bodily injury and property damage , including coverage for
premises/operations , products/completed operations , contractual liability, and
independent contractors , in accordance with the County's Administrative Policy
Manual . The CONTRACTOR shall , at least ten ( 10) days prior to the effective date
of this contract, provide to the COUNTY a certificate of business auto liability
insurance with a reputable insurance company authorized to do business in the
State of Florida , subject to approval by the County's risk manager, in an amount
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Owner and Contractor.doc
not less than $ 3 , 000 , 000 per occurrence combined single limit for bodily injury and
property damage , including coverage for owned autos and other vehicles , hired
autos and other vehicles , non-owned autos and other vehicles , in accordance with
the County's Administrative Policy Manual . The commercial general liability and
auto liability insurance policies shall name Indian River County, a political
subdivision of the State of Florida , as an additional insured . In addition , the
CONTRACTOR shall , at least ten ( 10) days prior to the effective date of this
contract, provide to the COUNTY a certificate of worker's compensation insurance ,
including employer's liability with a reputable insurance company authorized to do
business in the State of Florida subject to approval by the County's risk manager,
with a limit of $ 100 , 000 per accident, $500 , 000 disease ( policy limit) , and $ 100 , 000
disease (each employee ) in compliance with all state and federal laws , and in
accordance with the County's Administrative Policy Manual . The CONTRACTOR
shall provide to the COUNTY at least thirty (30) days= written notice by registered
mail , return receipt requested , addressed to the County's risk manager, prior to
cancellation or modification of any required insurance . CONTRACTOR shall
cause any subcontractor performing any work to provide to COUNTY certificates of
insurance under the same conditions and with the same policy limits as required of
the CONTRACTOR.
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 the work under this Agreement. This
indemnification and hold harmless provision shall survive the termination or
expiration of this Agreement .
9 . 7 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.
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 Axecr Z , 2004 .
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OWNER CONTRACTOR
Indian River County Z&I>ZW 40ejWA /b 41 741 T-74 S. Lir ''
Board of County Commissioners
BY
Caroline D . Ginn , ChArman , President
BCC p t5st 24 004 (CORPORATE SEAL)
Attest: Attest: ,
J . K. Bar � ,; If of the Circuit Court
t
By. '
ILr
Deputy Clerk
4 ^,
Approved By A pr ved to Form and ie cy:
seph . Baird , County Administrator ounty Attorney
Address for giving notices Address for giving notices
SA
1840 25th Street 3 90 02 '5 7 Stir
Vero Beach , Florida 32960 - zawv .L 3 2 fG L
License No . 4fogC b S/GG D
Agent for service of process :
( If CONTRACTOR is a corporation , attach
evidence of authority to sign )
END OF SECTION
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Owner and Contractor.doc