Okaloosa County BOCC — February 18, 2014 — Underground Electric Manhole — reading text

amounts determined pursuant to paragraphs 5.01.A below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto in r Section 00300, Bid Proposal. B. As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by OWNER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments: A. 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. 6.02 Progress Payments; Retainage: A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment on or about the 10th day of each month during performance of the work as provided in Paragraphs 6.02.A.1 @ and 6.02.A.2 below. All such payments will be measured by the schedule of STANDARD AGREEMENT OKALOOSA COUNTY WATER AND SEWER DATE: 8/15/2013 00500 - 3 EEE <<———__ ee SECTION 00500 Russell Stephenson - Electrical Manhole Rehabilitation STANDARD AGREEMENT values established in paragraph 2.07. A of the General Conditions (and in the case r 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. 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 14.02 of the General Conditions. a. Ninety percent (90%) of Work completed (with the balance being retainage). If Work has been 50 percent completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on 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 Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed less the aggregate of payments previously made; and b. Ninety percent of cost of materials and equipment not incorporated r in the Work (with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to ninety-eight percent (98%) of the Work completed, less such amounts as ENGINEER shall determine in accordance with paragraph 14.02.B.5 of the General Conditions and less 100% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment: A. 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 7 — INTEREST | 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall b ear interest at the rate of 12 percent per annum. STANDARD AGREEMENT OKALOOSA COUNTY WATER AND SEWER DATE: 8/15/2013 00500 - 4 SECTION 00500 Russell Stephenson - Electrical Manhole Rehabilitation STANDARD AGREEMENT ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. 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 of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F, CONTRACTOR does not consider that any further examinations, investigations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. 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. STANDARD AGREEMENT OKALOOSA COUNTY WATER AND SEWER DATE: 8/1 00500 - 5 5/2013 EES S=SS::’2zé== oe ————— SECTION 00500 Russell Stephenson - Electrical Manhole Rehabilitation STANDARD AGREEMENT H. 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. I. 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 J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond. 3. Payment Bond. 4. Other Bonds. 5. General Conditions. 6. Supplementary Conditions. 7. Specifications as listed in the table of contents of the Contract Documents. 8. Addenda. 9. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. CONTRACTOR'S Bid. c. Documentation submitted by CONTRACTOR prior to Notice of | Award | 10. The following which may be delivered or issued after the Effective Date STANDARD AGREEMENT OKALOOSA COUNTY WATER AND SEWER DATE: 8/15/2013 00500 - 6 SECTION 00500 Russell Stephenson - Electrical Manhole Rehabilitation STANDARD AGREEMENT of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The Documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. The Contract Documents may only be amended, modified, or supplemental as provided in paragraph 3.04 of the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 Terms: 10.02 Assignment of Contract: A. No assignment by a party hereto of any rights or interests in the Contract 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. 10.03 Successors and Assigns: A. 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. 10.04 Severability: A. 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 conies as close as possible to expressing the intention of the stricken provision. STANDARD AGREEMENT OKALOOSA COUNTY WATER AND SEWER DATE: 8/15/2013 00500 - 7 SECTION 00500 STANDARD 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 on their behalf. Russell Stephenson - Electrical Manhole Rehabilitation This Agreement will be effective on , 2014 (which is the Effective By: Don Amunds [Seal] Attest Date of the Agreement). OWNER CONTRACTOR BOARD OF COUNTY COMMISSIONER Pt? Smtth Electric, Inc (4p OKALOOSA COUNTY ™ BilY Smith ,7Presideht By: [Corporate Seal] Attest 302 N. Wilson Street #203 f Crestview, FL 32536 Address for giving notices: Designated Representative: e224 biiLe Bi Smith Electri PO soe 1057 te (/ ) Gonzalez, FL 32560 License No. EC0003007 (Where Applicable) Name: Title: Agent for Service of Process: Address: Phone: Designated Representative: Facsimile: Name: Title: Address: Phone: Facsimile: END OF SECTION 00500 STANDARD AGREEMENT OKALOOSA COUNTY WATER AND SEWER DATE: 8/15/2013 00500 - 8 SECTION 00610 Russell Stephenson - Electrical Manhole Rehabilitation PERFORMANCE BOND SECTION 00610 - PERFORMANCE BOND 2ond No. 40098835 KNOW ALL MEN BY THESE PRESENTS: That we (1)_ Bill Smith Electric, inc. a (2) Corporation hereinafter called "Principal" and 3 The Guarantee Company of North America USA of One Towne Square, Suite 1470 State of MI hereinafter called the "Surety", are held and firmly bound unto (4) Board of County Commissioners, Okaloosa County, Florida hereinafter called "OWNER", in the penal sum of _ Two hundred one thousand- two hundred seven __dollars __and 00/100. ($201,207.00) in lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 2014 , a copy of which is hereto attached and made a part hereof for the construction of: Russell Stephenson - Electrical Manhole Rehabilitation Project NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings,