87-R-47RESOLUTION NO. 87-R-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE
OFFICIALS OF THE CITY OF EDGEWATER, TO EXECUTE AN
AGREEMENT WITH "INSITUFORM SOUTHEAST, INC."; FOR THE
FLAGLER AVENUE SEWER REHABILITATION; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA:
SECTION 1. That the City Council of the City of
Edgewater, Florida, authorizes the appropriate officials of the
City of Edgewater, Florida, to execute an agreement with
Insituform Southeast, Inc. for the Flagler Avenue Sewer
Rehabilitation.
SECTION 2. A copy of said Agreement is attached to this
Resolution and by reference incorporated herein as if fully set
forth and marked Exhibit "A".
SECTION 3. That all resolutions or parts of resolutions
in conflict herewith be and the same are hereby repealed.
SECTION 4. That this Resolution shall take effect
immediately upon its adoption by the City Council of the City of
Edgewater, Florida, at a meeting of said
Council held on the 2 day of G— , 1987, and
approved as provided by law.
This Resolution was introduced and sponsored b � ��
and was read and passed by a vote
eee� of the
City Council of the City of Edgewater, Florida, at a'
meeting of said Council held on the .2- day of
1987, and approved as provided by law.
ROLL CALL VOTE AS FOLLOWS:
Counci an-ZZ oon hr
C ncilman-Zone Four
T
1
This
this day of— 1987.
Mayor
Res. 87-R-47
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the _'Sffw +o day of AloJe;Mlser�
in the year 1987 by and between the City of Edgewater, Florida, Utility
Department (hereinafter called OWNER) and
=45 TJi RWL 5 THfiAST =NG
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of 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:
Rehabilitation of the gravity sanitary sewer system along a portion of
Flagler Avenue, Edgewater, Florida using inversion lining and point repairs
as required to completely eliminate all infiltration into the system.
Article 2. ENGINEER.
The Project has been designed by:
Marshall, McCully and Associates
112 Live Oak Street
New Smyrna Beach, Florida 32069
(904) 427-0694
who is 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.
Article 3. CONTRACT TIME.
3.1 The Work will be completed and ready for final payment in accordance
with paragraph 14.13 of the General Conditions within 120 days from the
date when the Contract Time commences to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of
the essence of this Agreement. They recognize the delays, expense and
difficulties involved in proving in a legal or arbitration 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
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agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OWNER Five Hundred Dollars ($500.00) 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 current funds
in accordance with the Contract Documents and the Unit Price Schedule as
shown on the approved Bid Form.
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 towards account
of the Contract Price on the basis of CONTRACTOR's Applications for Payment
as recommended by ENGINEER. All progress payments will be on the basis of
the progress of the Work measured by the schedule of values established in
paragraph 2.9 of the General Conditions (and in the case of Unit Price
Work, based on the number of units completed). In the event there is no
schedule of values, payment shall be made as provided in the General
Requirements.
5.1.1. Prior to Final Completion, progress payments will be made in an
amount not to exceed 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 14.7 of the General Conditions:
90% of Work completed, and
90% of materials and equipment not incorporated in the Work (but
delivered, suitably stored and accompanied by documentation satisfact-
ory to OWNER as provided in paragraph 14.2 of the General
Conditions).
5.2. Final Payment. Upon final completion and acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall pay
the remainder of the Contract Price as recommended by ENGINEER as provided
in said paragraph 14.13.
Article 6. INTEREST.
All monies not paid when due as provided in Article 14 of the General
Conditions shall bear interest at the maximum rate allowed by law at the place
of the Project.
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Article 7. CONTRACTOR'S REPRESENTATIONS.
By the signature on this document CONTRACTOR makes the following
representations:
7.1. CONTRACTOR hereby certifies that he has read completely the Contract
Documents and has familiarized himself with the nature and extent of the
Mork, 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 4.2
of the General Conditions.
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 or 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 4.2 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.
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 other terms and conditions of the the
Contract Documents, including
specifically the provisions of paragraph 6.3 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 B. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
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CONTRACTOR concerning the Work consist of the following:
8.1. This Agreement (pages Fk-1 to FA-6, inclusive).
8.2. Exhibits to this Agreement (none).
8.3. Performance and other Bonds.
8.4. Notice of Award.
8.5. General Conditions (pages 1 to 61, inclusive).
8.6 Supplementary Conditions (if any).
8.7 Specifications bearing the title Specifications.
8.8 Addenda numbers N IA to N (A , inclusive.
8.9 CONTRACTOR's Bid (pages BF-1 to BF-8, inclusive).
8.10 Documentation submitted by CONTRACTOR prior to Notice of Award, if
required (pages NIA to N //'� , inclusive).
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 paragraphs 3.4 and 3.5 of the
General Conditions.
8.12 The documents listed in paragraphs 8.2 et seq. above are attached to
this agreement (except as expressly noted otherwise above).
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 3.4 and 3.5 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
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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.
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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 Neyan su Z Z 1
l19-U-.
OWNERt" �o CONTRACTOR Lvf�7✓FOK.K Sev71/Bi(ST,,
Mayor /
By City of Edgewater By ✓ _
(Corporate Seal) orporate Seal)
Address for giving notices Addressss for giving notices
104 North Riverside Drive 7G Ao/ 416L 9
Edgewater, FL 32032 ,�q(^'fe.��cGF Fr 31Z03
(If OWNER is a public body, License No. L RV 7.4f65
attach evidence of author-
ity to sign and resolution Agent for service of process:
or other document author-
ing execution of Agreement.) �. r AL-c w
i it
(If CONTRACTOR is a corporation, attach
evidence of authority to sign.)
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neEr*!zV
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