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87-R-48RESOLUTION NO. 87-R-48 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 "GRINER'S/A-ONE PIPELINE SERVICES, INC." FOR THE SOUTH RIVERSIDE DRIVE 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 Griner's A -One Pipeline Services, Inc., for the South Riverside Drive 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 That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed.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 adoptionbythe City Council of the City of Edgewater, Florida, at a 'j,„_,// meeting of said Council held on the `oL day of /ee/��,�,..ta. , 1987, and approved as provided by law. nn � This Resolution was introduced and sponsored by(„�y.,,,,.., 0:vZ,r , and was read and passed by a vote of,� the City Council of the City of Edgewater, Florida, at a meeting of said Council held on the _ Z _ day of 1987, and approved as provided by law. ROLL CALL VOTE AS FOLLOWS: Mayo i lman n ne Cod ncilman-Zone Two / Counci an one T Councilman -Zone Four ON Z Re ti a e by: torney 1987. Res. 87-R-48 AGREEMENT -- BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 27th day of November in the year 1987 by and between the City of Edgewater, Florida, Utility Department (hereinafter called OWNER) and Griner's A -One Pipeline Services, Inc. (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 Riverside Drive, Edgewater, Florida, including: cleaning, repairing leaking joints, repairing cracked pipe, sealing busted pipe, making point repairs, and manhole rehabilitation, as necessary to completely rehabilitate the gravity sewer system, eliminating all infiltration into the system. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Rehabilitation of a portion of the gravity sanitary sewer system located within the right-of-way of Riverside Drive, beginning at Pump Station No. 1 and running south approximately 2,850 feet to the system's end. Article 2. ENGINEER. The Project has been designed by: Marshall, McCully A 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. edg8601b FA-1 Article 3. CONTRACT TINE. 3.1 The York will be completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 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 Droving in a legal or arbitration proceeding the actual loss suffered by OWNER if the York is not completed 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 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 York in accordance with the Contract Documents in current funds as shown on Embikk _„ 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 on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 30th day of each month during construction as provided below. All progress payments will be on the basis of the progress of the York 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) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Final 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 14.7 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 edg8601b FA-2 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. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR hereby certifies that he has read each and every clause of the Contract Documents and has familiarized himself with the nature and extent of the Work, 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 pertai❑ 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. 1.4. 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, withi❑ the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 7.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with edg8601b FA-3 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 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages FA-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 to , inclusive. 8.9 CONTRACTOR's Bid (pages BF-1 tp BF-7, inclusive). 8.10 Documentation submitted by CONTRACTOR prior to Notice of Award (pages q If'\- to t1 if\ , 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 S. 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 edg8601b FA-4 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 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. edg8601b FA-5 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 November 27 , 1987 OWNER �i1..iL �� �*� CONTRACTOR C4bkf--9--s Mayor By City of Edgewater By (Corporate Seal) (Corporate Seal L'001zl' cNr�(�J:rfv�ll� Address for giving notices Address for giving notices P.O. Box 100 vw 4y 1 Edgewater, FL 32032 (If OWNER is a public body, License No. attach evidence of author- ity to sign and resolution Agent for service of process: or other document author- ing execution of Agreement.) (If CONTRACTOR is a corporation, attach evidence of authority to sign.) edgR601b FA-6