93-R-04
'\
"W
......
RESOLUTION NO. 93-R-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, PROVIDING FOR THE
TENTATIVE AWARD OF A CONTRACT FOR THE
CONSTRUCTION OF COLLECTION AND INFLUENT
TRANSMISSION FACILITIES - PHASE IV TO S & E
CONTRACTORS, INC. PURSUANT TO THE FLORIDA
REVOLVING LOAN FUND PROGRAM, SUBJECT TO
REGULATORY APPROVAL; AUTHORIZING SUBSEQUENT
EXECUTION OF THE CONTRACT DOCUMENTS BY THE
MAYOR AND CITY MANAGER; REPEALING RESOLUTIONS
IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Edgewater wishes to utilize funds from
the Florida Revolving Loan Fund Program to construct certain
Collection and Influent Transmission Facilities (Phase IV); and
WHEREAS, on January 12, 1993, bids were received for the
Collection and Influent Transmission Facilities (Phase IV); and
WHEREAS, Dyer, Riddle, Mills & Precourt Engineering, the
City's engineer for the project, has recommended tentative award of
the contract to S & E Contractors, Inc., in the amount of four
million seven hundred two thousand seven hundred seventy and 00/100
I,'
dollars ($4,702,770.00).
NOW, THEREFORE, be it resolved by the City Council of the City
of Edgewater, Florida:
Section 1.
The contract for the construction of the
Collection and Influent Transmission Facilities (Phase IV) is
conditionally awarded to S & E Contractors, Inc., 14561 58th Street
N., Clearwater, Florida 34620, for a total contract amount of
$4,702,770.00, (consisting of a base bid of $4,666,470.00 plus
Alternate A in the amount of $36,300.00), subject to approval by
the Florida Department of Environmental Regulation. The proposed
contract is attached hereto and incorporated by reference as
Exhibit "A".
Section 2.
Subject to the approval of the contract by the
Florida Department of Environmental Regulation, the Mayor and City
Manager are authorized to subsequently execute this contract.
Section 3 .
All resolutions or parts of resolutions in
conflict herewith be and same are hereby repealed.
93-R-04
Section 4. This resolution shall take effect upon adoption.
After Motion by Councilman Hays and Second by Councilwoman
Martin, the vote on this resolution was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 1st day of February, 1993.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
"Jack H. N n, Sr.
Mayor C
APPROVED FOR FORM S�C�ORRECTNESS:
N12A /-- :� - J j7U �4 /
Storey
City Attorney
93-R-04 2
SECTION 00500
AGREEMENT
THIS AGREEMENT made and entered into this IOf- day of
19 1�. , by and between THE CITY OF EDGEWATER,
FLORIDA, a municipality organized and existing under the laws of
the State of Florida, hereinafter called the OWNER, and
S & E Contractor, Inc. 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:
CITY OF EDGEWATER
FLORIDA SHORES CAPITAL IMPROVEMENTS
PHASE 4
The Work consists of furnishing all labor; equipment, and
materials for the construction of utility, paving and drainage
improvements for the Florida Shores Service Area.
ARTICLE II - ENGINEER
The Project has been designed by Dyer, Riddle, Mills and
Precourt, Inc., whose address is 1505 East Colonial Drive,
Florida 32803, 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 255
days after the date when the Contract Time commences to run as
provided in paragraph 2.3 of the General Conditions, and
completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions within 285 days after
the date when the Contract Time commences to run.
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 finally completed within
the time specified in Paragraph 3.1 above, plus any extensions
87-400.15/P4 00500-1
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 The OWNER is doing the Project under multiple
construction contracts, and the Work hereunder will
interface with the work of other Contractors, for the OWNER.
3.2.3. Liquidated Damages. OWNER and CONTRACTOR
recognize that TIME IS OF THE ESSENCE in this Agreement and
that Owner will suffer financial 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 price as presentedin the Bid Form, which is
incorporated herein and made a part hereof by this reference.
4.2 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. Application 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 loth day after the
end of each calendar month for which payment is requested.
87-400.15/P4 00500-2
5.3 Prior to Substantial Completion, progress payments will
be made inan amount equal to:
5.3.1 Ninety percent (90%) of the value of Work completed
and ninety-five percent (95%) 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. At the sole discretion of the OWNER, monthly
progress payments may be increased after fifty percent (50%)
of the Work is completed to ninety-five percent (95%) of the
value of Work completed and ninety-eight percent (98%) of the
value of materials and equipment not incorporated but
delivered and stored (less the aggregate of previous payments)
provided that: a) CONTRACTOR is making satisfactory progress;
b) CONTRACTOR is in full compliance with the currently
accepted progress schedule; and c) there is no specific cause
for greater withholding. However, the OWNER may subsequently
resume retaining ten percent (10%) of the value of Work
completed and five percent (5%) of the value of materials
delivered if, in the sole determination of the OWNER, the
CONTRACTOR is not performing according to the Contract
Documents or not complying with the current progress schedule.
5.3.2 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 paragraph 14.7 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
87-400.15/P4 00500-3
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.
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 0 to 0
inclusive). —
7.3 Performance Bond, Payment Bond and Certificates of
Insurance (Sections 00610, 00620 and 00650, respectively).
7.4 Notice of Award and Notice to Proceed (Sections 00841
and 00842, respectively).
7.5 General Conditions (Section 00700) as amended by the
Supplementary Conditions.
7.6 Supplementary Conditions (Section 00800).
7.7 Project Manual bearing the general title: "CITY OF
EDGEWATER FLORIDA SHORES CAPITAL IMPROVEMENTS, PHASE 4", and
consisting of Divisions 0 through 16 as listed in the table of
contents.
7.8 Drawings bearing the following general title: "CITY OF
EDGEWATER FLORIDA SHORES CAPITAL IMPROVEMENTS, PHASE 4", and
consisting of the sheets as listed in the Drawings index.
87-400.15/P4 00500-4
7.9 Addenda numbers 1 through 1 , inclusive.
7.10 Bid Form (Section 00300) (Pages 1 to 16, inclusive).
7.11 All applicable provisions of State and Federal Law and
any modification, including Change Orders or written amendments
duly delivered after execution of Agreement.
7.12 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 0£ 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
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 I of the General Conditions, shall have the meanings
indicated in the General Conditions, as modified in the
Supplementary Conditions.
ARTICLE I8 - 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.
87-400.15/P4 00500-5
IN WITNESS WHEREOF, the parties hereto 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 0:41 b C� , lg Q3.
OWNER: CITY OF EDGEWATER, FLORIDA
By: t/
eckH-Haal Sr.
ATTEST:
Susan WgvEsworth
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:(/ (%L
Kra to A. Storey
CITY ATTORNEY
(CORPORATE SEAL)
ATTEST:
SrSe RYP or
AGENT FOR SERVICE OF PROCESS:
Mr. David Metcalf, Esq.
Uminas lawreoca—and.—Yezina.-PA
_
1004 Desoto Park Dr.
Tallahacea. Florid 99103
Address
CONTRACTOR: S &,E CONTRACTORS, INC
By:
a g d. Ebbers
Its: Pre 'Hen[
END OF SECTION
87-400.15/P4 00500-6