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HomeMy WebLinkAbout2003-308 ORIGINAL - SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT, dated the 2nd day of December in the year 2003 by and between Indian River County , a political subdivision of the State of Florida ( hereinafter called OWNER) and Indian River Industrial Contractors . 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 : Construction of odor control system improvements at two of the County' s existing wastewater treatment facilities . Six separate systems are to be installed , three at the Central WWTF and two at the South WWTF . Aluminum covers are to be installed over the existing anoxic basins at the Central WWTF with duct work drawing the odorous air to a new biofilter system . A new biofilter system is to be installed at the pretreatment structure for the Central WWTF. Internal recycle pumps are to be added to the Central WWTF 7s existing aeration treatment train . Aluminum covers are to be installed over the existing anoxic basins at the South WWTF with duct work drawing the odorous air to a new biofilter system . Aluminum covers are to be installed over the existing digester tank at the South WWTF with duct work drawing the odorous air to a new scrubber odor control system . A hydraulic ram press and equipment covers are to be added to existing pretreatment equipment at the South WWTF . All grading , concrete , piping , duct work , electrical , instrumentation , and ancillary work associated with these systems are to be included . CONTRACTOR , as an independent contractor and not as an employee , shall furnish , for the sum amount of $ 1 . 678 , 000 . 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 PBS &J , 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 \\Admin-i7etgvfsg\general_data\Company\59013 - Indian River County\Contract\00530 EJCDC - 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 . Perform all photographic recording and documentation of conditions prior to construction . 3 . Locate all existing utilities in the area of work . 4 . Mobilize all labor, equipment , and materials . 5 . Notify all utilities and other affected parties prior to initiating construction . ( b) From 16 calendar days to 180 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Receive approved shop drawings for all materials and equipment to be utilized in the job . 2 . Deliver and store all equipment and materials to the job site . 3 . Construct all slabs on grade . 4 . Install all piping , duct, and process equipment items . 5 . Install all electrical and instrumentation items . 6 . Perform all testing and deliver O &M materials . 7 . Complete all final grading and grassing . 8 . Restore all disturbed areas to their preconstruction condition . Completion of all tasks outlined above (i . e . , Subparagraphs a and b) constitute Substantial Completion . C) From 181 calendar days to 210 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Clean up project area . 2 . Complete all training requirements . 3 . Turnover all spare parts . 4 . Correct all deficiencies noted by Engineer 5 . Remove all equipment and material from project site . 6 . Perform contract close-out procedures . Completion of all tasks outlined above ( i . e . , Subparagraphs a , b , and c) constitute Final Completion . 00530-2 \\Admin-i7etgvfsg\general data\Company\59013 - Indian River County\Contract\00530 EJCDC - Agreement between Owner and Contractor. doc 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 $ 1 , 678 , 000 . 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 a 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 . 05B and 2 . 07 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 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 . 02 of the General Conditions . 00530-3 \\Admin-i7etgvfsg\general_data\Company\59013 - Indian River County\Contract\00530 EJCDC - Agreement between Owner and Contractor. doc 90% of work completed . 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 . 02 of the General Conditions) . 5 . 1 . 2 Upon Substantial Completion in an amount sufficient to increase total payments to CONTRACTOR to 100 % of the Contract price , less such amounts as ENGINEER shall determine , or OWNER may withhold , in accordance with Paragraph 14 . 07 of the General Conditions . 5 . 2 Final payment. Upon final completion and acceptance of the work in accordance with Paragraph 14 . 07 of the General Conditions , OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14 . 07 . 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 . 02 of the General Conditions , and accepts the determination set forth in Paragraph SC-4 . 02 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 . 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 . 00530-4 \\Admin-i7etgvfsg\general_data\Company\59013 - Indian River County\Contract\00530 EJCDC - Agreement between Owner and Contractor. doc 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 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 "Central and South WWTF Odor Control Improvements" as listed in the table of contents hereof. 8 . 7 Drawings , inclusive with each sheet bearing the following general title : "Central and South WWTF Odor Control Improvements" 8 . 8 Addenda numbers 1 to 1 , inclusive . 8 . 9 CONTRACTOR' S Bid (Section 00310) . 8 . 10 Indian River County Water and Wastewater Utility Standards . 00530-5 \\Admin-i7etgvfsg\genera l_data\Company\59013 - Indian River County\Contract\00530 EJCDC - Agreement between Owner and Contractor. doc 8 . 11 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 Paragraph 3 . 04 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 . 04 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 , 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 00530-6 \\Admin-i7etgvfsg\general_data\Company\59013 - Indian River County\Contract\00530 EJCDC - Agreement between Owner and Contractor. doc 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 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 . 00530-7 \\Admin-i7etgvfsg\general_data\Company\59013 - Indian River County\Contract\00530 EJCDC - 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 December 02 , 2003 . OWNER CONTRACTOR Indian River County Indian River Industrial Contractors . inc. Board of County Commissioners BY _ e BY Caroline D . Ginn , Ch i rman me . Folds , President BCC Approved : November 18 , 2003 (CORPORATE SEAL) Attest : Attest : �. J . K. . B n , rk of the Circuit_Co Sheila Roberts , cretary/Treasurer By: Deputy Clerk Approved By : Approved as to Form and Legal Sufficiency : Jame . Ch ndler, County Adm i stra r County Attorney Address for giving notices Address for giving notices 1840 25th Street 6353 Greenland Road Vero Beach , Florida 32960 Jacksonville , FL 32258 ( If OWNER is a public body , License No . CGC1504996 attach evidence of authority to sign and resolution or other documents authorizing execution Agent for service of process : of Agreement) Huqh A. Holborn . Sr. ( If CONTRACTOR is a corporation , attach evidence of authority to sign ) END OF SECTION 00530-8 \\Admin-i7etgvfsg\general_data\Company\59013 - Indian River County\Contract\00530 EJCDC - Agreement between Owner and Contractor. doc