HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Project No ITB No

Transcription

1 HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Project No ITB No CONSTRUCTION CONTRACT BETWEEN HIGHLANDS COUNTY AND RCS EXCAVATION, INC. FOR SEBRING PARKWAY PHASE III RELOCATION OF GOPHER TORTOISES & RIGHT-OF-WAY CLEARING Engineering Department 505 S. Commerce Avenue Sebring, Florida (863) November 2011

2 SEBRING PARKWAY PHASE III RELOCATION OF GOPHER TORTOISES & RIGHT-OF-WAY CLEARING Project No ITB No TABLE OF CONTENTS SECTION CONSTRUCTION CONTRACT EXHIBIT A - NOTICE TO PROCEED EXHIBIT B - CONTRACTOR S BID FORM EXHIBIT C - ADDENDA EXHIBIT D - CERTIFICATE OF LIABILITY INSURANCE & CONSTRUCTION INDUSTRY LICENSE

3 SECTION CONSTRUCTION CONTRACT

4 SECTION CONSTRUCTION CONTRACT THIS CONTRACT is made this 8 th day of November, 2011 by and between Highlands County, a political subdivision of the State of Florida, 600 South Commerce Avenue, Sebring, Florida 33870, hereinafter called OWNER and RCS Excavation, Inc., a Florida Corporation, hereinafter called CONTRACTOR. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall provide all labor, materials and equipment to complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: A) Permit and relocation of all Gopher Tortoises within the project limits. This includes any associated fees. B) Removal of trees, clearing and grubbing within the right-of-way for the future construction of Sebring Parkway Phase III Project, which runs north of Sebring Parkway Phase I at the 90 degree curve through the 130 feet wide strip of the abandoned railroad right-of-way to approximately College Drive. C) The existing stockpile or backfill material located on the project site just north of the 90 degree curve of Sebring Parkway (Phase I) shall be utilized by the awarded bidder (CONTRACTOR) to fill immediate portion of the abandoned railroad bed. Once the existing stockpile is depleted the contractor will not be responsible for any additional fill materials. All workmanship and materials shall meet the requirements of the Florida Fish and Wildlife Conservation Commission Gopher Tortoise Permitting Guidelines, Florida Department of Transportation Standard Specifications for Road and Bridge Construction (dated 2010), Highlands County Engineering Standards and be in compliance with all permits issued. The principal features, as defined above, are not intended to cover every aspect of the clearing details. CONTRACTOR shall be responsible for reviewing the Contract Documents, plans, and specifications to determine full scope of work and specific requirements for the project, which include familiarity and compliance with all federal, state, and local laws and regulations. Article 2. ENGINEER The Project was designed by the Highlands County Engineering Department (hereinafter called ENGINEER). ENGINEER or designated project manager shall act as OWNER s November

5 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 CONTRACTOR agrees that work will be substantially complete within 120 calendar days and completed and ready for final payment within 150 calendar days after the date when the Contract Times commence to run. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement Contractor may submit application for final payment after the Contractor has, in the opinion of the ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance certificates of inspection, and other documents. 3.2 Liquidated Damages: OWNER and CONTRACTOR recognize that time is of the essence of this CONTRACT and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above. They also recognize the delays, expense and difficulties involved in proving 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 (and not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars ($500) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. OWNER and CONTRACTOR further agree that after Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment, or any proper extension thereof granted by OWNER, CONTRACTOR shall, as liquidated damages for delay (and not as a penalty), pay OWNER five hundred dollars ($500) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. 3.3 During the colder months, tortoises shall only be relocated when the low temperature at the recipient site is forecasted by the National Weather Service ( to be above 50 degrees Fahrenheit for three consecutive days after release (including the day of relocation). This three-day window of milder overnight temperatures is required to allow the relocated tortoises to settle into the recipient site and to reduce the chance of cold-related stress or mortality. In the event the CONTRACTOR s recipient site is forecasted by the National Weather Service to not meet the temperature requirements as listed above, the Contract Times as specified in paragraph 3.1 shall be amended as follows. One calendar day shall be added to the Contract Times per each calendar day the CONTRACTOR must suspend work to be in agreement with Florida Fish and Wildlife Conservation Commission Gopher Tortoise Permitting Guidelines for cold and hot weather handling. November

6 Article 4. CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 below: 4.1 For all Work a Lump Sum of: One Hundred Eighty Nine Thousand Seven Hundred Twenty Dollars. (use words) CONTRACT TOTAL $ 189, It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and CONTRACTOR s costs for unloading and handling on the site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of work covered by allowances, and the Contract Price shall be correspondingly adjusted. Article 5. PAYMENT PROCEDURES 5.1 Progress Payments; Retainage: 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 15th day of each month during construction as provided in paragraphs and below 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. The OWNER will withhold 10% of each application for progress payment until the completion of the project. 90 % of the Work completed. 90 % of materials and equipment not incorporated in the Work (but delivered, suitably stored, and accompanied by documentation satisfactory to the OWNER) Upon Substantial Completion, in an amount sufficient to increase total payments to November

7 CONTRACTOR to 90% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold. 5.2 Final Payment: After CONTRACTOR has, in the opinion of ENGINEER or designated project manager, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments If, on the basis of ENGINEER s observation of the Work during construction and final inspection, and ENGINEER s review of the final Application for Payment an accompanying documentation as required by the Contract Documents, ENGINEER or designated project manager is satisfied that the Work has been completed and CONTRACTOR s other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after the receipt of the final Application for Payment, indicate in writing ENGINEER s recommendation of payment and present the Application for Payment to OWNER for payment. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment Thirty days after the presentation to OWNER of the Application for Payment and accompanying documentation, the amount recommended by ENGINEER or designated project manager will become due and, when due, will be paid by OWNER to CONTRACTOR If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER or designated project manager so confirms, OWNER shall, upon receipt of CONTRACTOR s final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. Article 6. INTEREST All moneys not paid when due as provided in the above Article 5 shall bear interest at the maximum rate of six (6) percent per annum, simple. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this CONTRACT, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda) and the other related data identified in the Bidding Documents including "technical data." November

8 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire contract between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This CONTRACT (pages to 500-9, inclusive). 8.2 Exhibits to this CONTRACT (exhibits A, B, C, & D, inclusive). 8.3 Notice to Proceed, identified as exhibit A and consisting of page 1 of CONTRACTOR s Bid Form, identified as exhibits B, (pages to inclusive). 8.5 Drawings or Construction Plans, consisting of a cover sheet bearing the title: Sebring Parkway Phase III Relocation of Gopher Tortoises and Right-of-Way Clearing Project No and sheets numbered 1 to 8, inclusive with each sheet bearing the following general title: Sebring Parkway Phase III. November

9 8.6 Addenda number 1, identified as exhibit C and consisting of page 1 of Certificate of liability insurance and construction industry license identified as exhibit D. 8.8 The documents listed in paragraphs 8.2 et seq. above are attached to and included in this CONTRACT (except as expressly noted otherwise below). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) (ii) (iii) Written Amendment Change Order Work Change Directive 8.9 The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) (ii) (iii) A Field Order ENGINEER s approval of a Shop Drawing ENGINEER s written interpretation or clarification. Article 9. INDEMNIFICATION 9.1 CONTRACTOR agrees that it shall defend, indemnify and hold harmless OWNER, its elected officials, public officials, employees, volunteers and agents from all suits and actions, liabilities, damages, losses and costs, including, but not limited to reasonable attorneys fees and all costs of litigation and judgments of every name and description arising out of or incidental to the performance of this CONTRACT or work performed thereunder, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR or persons employed or utilized by the CONTRACTOR in the performance of this CONTRACT or work performed thereunder. CONTRACTOR s obligation to defend, indemnify and hold harmless shall also include any claim brought against OWNER, its elected officials, public officials, employees, volunteers and agents by the CONTRACTOR s subcontractors, subcontractors, materialmen, or agents of any tier or their respective employees. The CONTRACTOR s obligations to indemnify OWNER, its elected officials, public officials, employees, volunteers and agents under this provision shall be limited to $1,000,000 per occurrence which the parties agree bears a reasonable commercial relationship to the CONTRACT. Article 10. MISCELLANEOUS 10.1 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 of an assignment no assignment will release or discharge the assignor from November

10 any duty or responsibility under the Contract Documents 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 to all covenants, agreements and obligations contained in the Contract Documents Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Article 10. EMPLOYMENT ELIGIBILITY VERIFICATION 9.1. Definitions. As used in this paragraph a. Employee assigned to this Contract means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under this Contract. An employee is not considered to be directly performing work under this Contract if the employee i. Normally performs support work, such as indirect or overhead functions; and ii. Does not perform any substantial duties applicable to the contract. b. Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of this Contract or a subcontract under this Contract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders. c. Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for Contractor or another subcontractor. d. United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands Enrollment and verification requirements. a. The Contractor must be enrolled in E-Verify at time of contract award, and the Contractor shall use E-Verify to initiate verification of employment eligibility of i. All new employees. (A) Enrolled 30 calendar days or more. The Contractor shall initiate verification of employment eligibility of all new hires of the Contractor, who are working in the State of Florida, whether or not assigned to this Contract, within 3 business days after the date of hire; or (B) Enrolled less than 30 calendar days. Within 30 calendar days after enrollment in E-Verify, the Contractor shall initiate verification of employment eligibility of all new hires of the Contractor who are working in the State of Florida, whether or not assigned to this Contract, within 3 business days after the date of hire; or ii. Employees assigned to this Contract. For each employee assigned to this Contract, the Contractor shall initiate verification of employment eligibility, to the extent allowed by the E-Verify program, within 30 calendar days after date of contract November

11 award or within 30 days after assignment to this Contract, whichever date is later. b. The Contractor shall comply, for the period of performance of this Contract, with the requirements of the E-Verify program MOU. Termination of the Contractor's MOU and denial access to the E-Verify system by the Department of Homeland Security or the Social Security Administration or the U.S. Citizenship and Immigration Service is an event of default under this Contract Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the U.S. Citizenship and Immigration Service s Web site: Individuals previously verified. The Contractor is not required by this paragraph to perform additional employment verification using E-Verify for any employee whose employment eligibility was previously verified by the Contractor through the E-Verify program Subcontracts. The Contractor shall include, and shall require the inclusion of, the requirements of this paragraph, including this subparagraph (9.5) (appropriately modified for identification of the parties), in each subcontract that includes work performed in the United States under this Contract. (This area intentionally left blank) November

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13 EXHIBIT A NOTICE TO PROCEED

14 HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS ENGINEERING DEPARTMENT October 14, 2011 Aenon Smith, President RCS Excavation, Inc. 851 Lake June Rd. Lake Placid, Florida Fax: (863) Re: Sebring Parkway Phase III Project No Relocation of Gopher Tortoises & Right-of-Way Clearing Highlands County ITB No Construction Contract Documents Notice to Proceed Dear Mr. Smith: Please accept this letter as your formal Notice to Proceed for the above referenced project. The Board of County Commissioners approved the construction contract documents. The original Purchase Order in the amount of $189, and one (1) original copy of the executed construction contract documents will be forwarded to you by next week. Per our telephone conversation on October 14, 2011, RCS Excavation, Inc. shall start performing the work on November 10, 2011 when the contract times commence to run. No work shall be done at the site prior to November 10, A preconstruction conference will be scheduled on Thursday, November 10, 2011 (1:30 p.m.) at the Engineering Conference Room prior to any work at the project site. Feel free to contact me if you have any questions. Sincerely, Keith Baker, E.I. Project Manager xc: Ramon D. Gavarrete, P.E., County Engineer/Utilities Director Elius F. Nortelus, P.E., Assistant County Engineer Kyle Green, Road and Bridge Superintendent Gerald (Jed) Secory, Administrative Services Director G:\PROJECTS\Sebring Parkway Phase III\Correspondence\Letters\RCS Excavation Notice to Proceed doc 505 South Commerce Avenue, Sebring, Florida (863) FAX (863)

15 EXHIBIT B CONTRACTOR S BID FORM

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37 EXHIBIT C ADDENDA

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39 EXHIBIT D CERTIFICATE OF LIABILITY INSURANCE & CONSTRUCTION INDUSTRY LICENSE

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