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HomeMy WebLinkAboutConstruction Agreement - Contract Documents Date Bid#2015-01 Reclaimed Storage Tank Cape Canaveral, Florida CONSTRUCTION AGREEMENT This Agreement made this day of , 2015 between the CITY OF CAPE CANAVERAL, a Florida municipal corporation (herein referred to as CITY) and Florida Design Contractors, a State Certified General Construction Firm authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR),as follows: 1. DESCRIPTION OF WORK-CONTRACTOR shall perform the work, in accordance with the Contract Documents for the construction of the 2.5 million gallon reclaimed storage tank and WRF filter press # addition, as set forth in the Scope of Services, attached hereto as Exhibit"A", and fully incorporated by this reference("Work"). 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and Addendum to the Agreement; the Engineering Plan and Drawings prepared by Quentin L. Hampton Associates, Inc., dated January 2015; Bid #2015-01 Documents issued by the City; Contractor's Bid Submittal; General Conditions, if any; Supplemental Terms and Conditions by the City, if any; Supplemental Terms and Conditions by the Florida Department of Environmental Protection(FDEP), if any; and all Change Orders approved by the City after execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by this reference. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Agreement Exhibits and Addenda;Contractor's Bid Submittal; b. Change Orders; a c. Supplemental Terms and Conditions; d. General Terms and Conditions;or e. Engineering Plans and Drawings. Any inconsistency in the work description shall be clarified by the CITY and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION-At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the CITY at its sole discretion will interpret the intent of the Agreement and work descriptions and the CONTRACTOR hereby agrees to abide by the CITY's interpretation and agrees to carry out the work in accordance with the decision of the CITY.When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only.The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the CITY.A substitute material, article,or equipment is allowed if it is reasonably equivalent to the brand name specified.The CITY has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the CITY prior to use of the substitute for a specified brand name and allow the CITY to make a determination before CONTRACTOR uses the substitute. 5. CONTRACT TIME-The CONTRACTOR shall begin work within fourteen (14)days after the issuance of a written Notice to Proceed and shall complete the Work within 210 calendar days from the date of the Notice to Proceed. Extensions, if any,are authorized by CITY, and may only be granted in writing. ( City of Cape CanaveraXontractor Page 1 of 9 p i Bid#2015-01 Reclaimed Storage Tank Cape Canaveral, Florida CONSTRUCTION AGREEMENT i This Agreement made this day of 2015 between the CITY OF CAPE CANAVERAL, a Florida municipal corporation (herein referred to as CITY) and Florida Design Contractors, a State Certified General Construction Firm authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR),as follows: 1. DESCRIPTION OF WORK-CONTRACTOR shall perform the work, in accordance with the Contract Documents for the construction of the 2.5 million gallon reclaimed storage tank and WRF filter press addition, as set forth in the Scope of Services, attached hereto as Exhibit"A", and fully incorporated by this reference("Work"). 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and Addendum to the Agreement; the Engineering Plan and Drawings prepared by Quentin L. Hampton Associates, Inc., dated January 2015; Bid #2015-01 Documents issued by the City; Contractor's Bid Submittal; General Conditions, if any; Supplemental Terms and Conditions by the City, if any; Supplemental Terms and Conditions by the Florida Department of Environmental Protection(FDEP), if any; and all Change Orders approved by the City after execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by this reference. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved by giving `* precedence in the following order: 'i a. Agreement Exhibits and Addenda;Contractor's Bid Submittal; b. Change Orders; c. Supplemental Terms and Conditions; d. General Terms and Conditions;or e. Engineering Plans and Drawings. Any inconsistency in the work description shall be clarified by the CITY and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION -At its discretion, during the course of the work, should any errors, ambiguities, or discrepancies be found in the Agreement or specifications, the CITY at its sole discretion will interpret the intent of the Agreement and work descriptions and the CONTRACTOR hereby agrees to abide by the CITY's interpretation and agrees to cant' out the work in accordance with the decision of the CITY.When the material, article, or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only.The CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article, or equipment being provided without additional cost to the CITY.A substitute material, article,or equipment is allowed if it is reasonably equivalent to the brand name specified.The CITY has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the CITY prior to use of the substitute for a specified brand name and allow the CITY to make a determination before CONTRACTOR uses the substitute. 5. CONTRACT TIME-The CONTRACTOR shall begin work within fourteen(14)days after the issuance of a written Notice to Proceed and shall complete the Work within 210 calendar days from the date of <3 the Notice to Proceed. Extensions, if any,are authorized by CITY, and may only be granted in writing. City of Cape Canaveral/Contractor Page 1 of 9 �it . aAd 5 �ta .Qcl�v �1� 1 l3/0 0 S —Cpm tAuc fu