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HomeMy Public PortalAboutSpeegle Construction Well #9SECTION 00500 AGREEMENT THIS AGREEMENT made and entered into this la day of ,i%,, !L, 113, by and between the CITY OF CRESTVIEW, FLORIDA, a municipality organized and exrj mg under the laws of the State of Florida, hereinafter called the Owner, and Speegle Construction hereinafter called Contractor; WITNESSETH: Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE I - SCOPE OF WORK Contractor shall complete all work as specified or indicated in the Contract Documents. The Work is generally described as follows: PART I - WELL NO. 9 AND ELEVATED STORAGE TANK IMPROVEMENTS All work for the Project shall be constructed in accordance with the Drawings and Specifications prepared by Tetra Tech and the proposed improvements will be awarded and constructed, if award is made, under one Contract. Bids shall be submitted for furnishing, delivering, and installing all materials, equipment and services, including labor, for the Work described. Part I — Well No. 9 and Elevated Storage Tank - The intent of the project is for the City of Crestview to expand the water system. The project generally includes furnishing all labor, materials, equipment, restoration and incidentals for construction of a 0.5 MG steel elevated storage tank, Floridan Aquifer well with 800 gpm vertical turbine pump, well house with chlorination and electrical facilities, standby power generator, yard piping, site improvements, and related facilities and miscellaneous appurtenances are also included. ARTICLE II - ENGINEER The Engineer, Tetra Tech, whose address is 12815 Emerald Coast Parkway, Suite 110, Destin, FL 32550, hereinafter referred to as Engineer and who will assume all duties and responsibilities and will have the rights and authority assigned to the Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE III - CONTRACT TIME 3.1 The Work will be substantially completed within 300 days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 330 days after the date when the Contract Time commences to run. MAD/slm/specs/s-1/00500 Part I Agreement.doc Tt #200-08540-12001 00500-1 022712 3.2 Damages for Delay. Owner and Contractor recognize that TIME IS OF THE ESSENCE in this Agreement and that the Owner will suffer financial loss if the Work is not completed within the time specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. 3.2.1 Uniqueness of the Work. The Owner and the Contractor expressly acknowledge the unique characteristics of the Work, which cause time to be of the essence in this contract. 3.2.2 Liquidated Damages. Owner and Contractor recognize that TIME IS OF THE ESSENCE in this Agreement and that Owner will suffer fmancial loss if the work is not substantially complete in the time specified in Paragraph 3.1 above. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the Owner if the Work is not substantially complete 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 $1,000.00 (One Thousand Dollars) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion until the Work is substantially complete, and that the liquidated damages set forth herein bear a reasonable relationship to the estimated actual damages that the Owner would suffer. ARTICLE IV - CONTRACT PRICE 4.1 Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds at the lump sum or unit prices as presented in the Bid Form, which is incorporated herein and made a part hereof by this reference. 4.2 Owner shall pay Contractor for completion of the work in accordance with the Contract Documents an amount in correct funds equal to the amount below: Bid Total: One million, nine hundred sixty-five thousand, six hundred sixty dollars (use words) Bid Total: $1,965,660.00 (use figures) 4.3 The parties expressly agree that the Contract Price is a stipulated sum, except with regard to those items in the Bid which are subject to unit prices. ARTICLE V - PAYMENT PROCEDURES 5.1 Contractor shall submit Applications for Payment in accordance with the Contract Documents. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.2 Owner shall make progress payments on account of the Contract Price on the basis of Contractor's monthly Applications for Payment, as approved by the Engineer, which shall be submitted by the Contractor on or before the 10th day after the end of each calendar month for which payment is requested. 5.3 Progress payments prior to Substantial Completion will be made in the following manner: MAD/slm/specs/s-1/00500 Part I Agreement.doc Tt #200-08540-12001 00500-2 022712 5.3.1 Prior to Substantial Completion and prior to fifty percent (50%) of the Work being completed, progress payments shall be ninety percent (90%) of the value of Work complete and ninety percent (90%) of the value of materials and equipment not incorporated into the Work, but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.3.2 After fifty percent (50%) of the Work has been completed as determined by the Engineer, and if the character and progress has been satisfactory to the Owner and Engineer, Owner, on the recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of subsequent Work and materials and equipment not incorporated into the Work, but delivered and suitably stored, which results in the Owner withholding a retainage equal to five percent (5%) of the Contract Price until Substantial Completion. However, Owner shall reserve the right to reinstate withholding a retainage of ten percent (10%) if Owner, on the recommendation of Engineer, determines that the progress or character of the Work is not satisfactory. 5.3.3 Upon Substantial Completion of the Work, Owner shall pay an amount sufficient to increase total payments to the Contractor to ninety-five percent (95%) of the Contract Price, less such amounts as Engineer shall determine in accordance with Article 14 of the General Conditions." 5.4 Final Payment. Upon final completion of the Work in accordance with the Contract Documents, Owner shall pay Contractor an amount sufficient to increase total payments to ninety-eight percent (98%) of the Contract Price. However, not less than two percent (2%) of the Contract Price shall be retained until Record Drawings, specifications, addenda, modifications and shop drawings, including all manufacturers instructional and parts manuals are delivered to and accepted by the Engineer. ARTICLE VI - CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 6.1 Contractor has visited the work site and familiarized himself with the nature and extent of the Contract Documents, Work, locality, and all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by the Engineer in the preparation of the Drawings and Specifications, and which have been identified in the General and Supplementary Conditions of the Contract Documents. 6.3 Contractor has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in Paragraph 6.2 above as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are, or will be, required by Contractor for such purposes. MAD/slm/specs/s-1/00500 Part I Agreement.doc Tt #200-08540-12001 00500-3 022712 6.4 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 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 the Contractor. ARTICLE VII - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement between the Owner and Contractor are attached to this Agreement, are made a part hereof and consist of the following: 7.1 This Agreement (Section 00500) (pages 1 to 6, inclusive). 7.2 Exhibits to this Agreement (sheets _ to inclusive). N/A 7.3 Performance Bond, Payment Bond and Certificates of Insurance. 7.4 Notice of Award and Notice to Proceed. 7.5 General Conditions (Section 00700) as amended by the Supplementary Conditions. 7.6 Supplementary Conditions (Section 00800). 7.7 Florida Department of Environmental Protection Bureau of Water Facilities Funding Supplementary Conditions for Formally Advertised Construction Procurement. 7.8 Project Manual bearing the general title: "CITY OF CRESTVIEW, PART I - WELL NO. 9 AND ELEVATED STORAGE TANK" and consisting of Divisions 0 through 16 as listed in the table of contents. 7.9 Drawings bearing the following general title: "CITY OF CRESTVIEW, PART I - WELL NO. 9 AND ELEVATED STORAGE TANK", and consisting of the sheets as listed in the Drawings Index. 7.10 Addenda Numbers 1 through 5, inclusive. 7.11 Bid Form (Section 00300) (Pages 1 to 10, inclusive). 7.12 All applicable provisions of State and Federal Law and any modification, including Change Orders or written amendments duly delivered after execution of Agreement. 7.13 Advertisement for Bids, Instructions to Bidders, Bid Bond, Noncollusion Affidavit, General Requirements, Field Orders and State of Florida Contract Provisions. There are no Contract Documents other than those listed above in this Article VII. The Contract Documents may only be altered, amended, or repealed in accordance with Article 3 of the General Conditions as modified in the Supplementary Conditions. ARTICLE VIII - MISCELLANEOUS 8.1 No assignment by the parties hereto of any rights under, or interest in, the Contract Documents will be binding on another party hereto without the written consent of the party MAD/slm/specs/s-1/00500 Part I Agreement.doc Tt#200-08540-12001 00500-4 022712 sought to be bound; and specifically, but without limitation, monies that may become due and monies 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 of an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns or legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.3 Terms used in this Agreement, which are defined in Article 1 of the General Conditions, shall have the meanings indicated in the General Conditions, as modified in the Supplementary Conditions. ARTICLE IX - GOVERNING LAW This Agreement shall be governed by the laws of the State of Florida. Both parties agree that the courts of the State of Florida shall have jurisdiction of any claim arising in connection with this Agreement. In the event of litigation arising out of this Agreement, the prevailing party shall be entitled to the award of attorney's fees and costs at both the trial and appellate level. Venue for any litigation arising out of this agreement shall be in Okaloosa County, Florida. ARTICLE X — SOVEREIGN IMMUNITY Both parties agree nothing contained herein is intended nor shall be construed to waiver the City of Crestview's rights and immunities under the Florida Constitution, common law, or Florida Statues 768.25, as amended from time to time. MAD/s1m/specs/s-1/00500 Part 1 Agreement.doc Tt #200-08540-12001 00500-5 022712 IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One (1) 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 v2 / r q OWNER: MAYOR, CITY OF CRESTVIEW, FLORIDA By: ATTEST. CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: , 2013. IkAI.101 CONTRACTOR: (CORPORATE SE ATTEST: SECRETARY By: Title: END OF SECTION MAD/slm/specs/s-1/00500 Part I Agreement.doc Tt #200-08540-12001 00500-6 022712 Speegle Construction (Contractor) SECTION 00841 NOTICE OF AWARD FORM Date: January 29, 2013 Project: City of Crestview Part I - Well No. 9 and Elevated Storage Tank Date of Bid Opening: November 6, 2012 You are notified that your bid dated November 6, 2012 for the above Contract has been considered and the OWNER, expects to award you a contract for: Part I - Well No. 9 and Elevated Storage Tank (Indicate Total Work, Alternates or Sections of Work Awarded) The Contract Price of your contract is One million, nine hundred sixty-five thousand, six hundred sixty dollars Dollars ($ 1,965,660.00 ). Six (6) copies of each of the following proposed Contract Documents (except Project Manual and Drawings) accompany this Notice of Award: • Agreement Between Owner and Contractor • Performance Bond • Payment Bond • Notice of Award You must comply with the following conditions precedent to the award of the contract within ten (10) days of the date of the Notice of Award, that is by February 8, 2013 MAD/s1m/specs/s-1 /00841.doc Tt #200-08540-12001 00841-1 050412 1. You must deliver to the OWNER six (6) fully executed counterparts of the Agreement. 2. You must deliver with the executed Agreement six (6) completed original documents with original signatures on the Payment and Performance Bond in the form specified in the Bidding Documents. 3. You must provide in writing the correct name and address of the surety which is providing the Payment and Performance Bonds and the correct name and address of the surety's resident agent for service of process in Florida. 4. You must deliver with the executed Agreement six (6) completed, with original signatures, Certificates and Endorsements of Insurance in the form specified in the Bidding Documents. Failure to comply with these conditions within the time specified will entitle the OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, the OWNER will return to you one (1) fully signed counterpart of the Agreement with the Contract Documents attached. OWNER: City of Crestview, Florida (Authorized Signature ACCEPTANCE OF AWARD: Speegle Construction (Contra 210 Gove eville F132578 r,..orize_ ledge e ipt of Notice) Presi ent (Title) 1-30-2013 END OF SECTION (Date) MAD/s1m/specs/s-1/00841.doc Tt #200-08540-12001 00841-2 050412