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HomeMy WebLinkAbout15.a FYI CO#2 DB Civil for LS 20 Upgrades Or"--.1. rzi CO NT Clay County Utility Authority N'a'kingtogedertoprotect J 3176 Old Jennings Road public health,canserne nur Middleburg,Florida 32068-3907 nanurat re.,aarces,and crease long-reel 5 ra/ue Jar Telephone(904)213-5999 our ratepayers, �/Jy AUltels Facsimile (904)213-2498 Change Order No.: 2 Date: 9/25/2026 Project: 2023-113 Upgrade Litt Station 20 CCUA Bid No.: 2024/2025-Al l CCUA Project No.: 24003RR Vendor: DB Civil Construction,LLC Owner: Clay County Utility Authority 4475 US I South.suite 707 St Augustine,Fl (386)256-7460 Engineer of Record: Joenes Edmunds and Associates,Inc. 3545 Progress Boulevard,suite 100 Alachua,Florida 32615 (352)377-5821 ORIGINAL CONTRACT TIMES ORIGINAL PREVIOUS CO CURRENT CO NTP 12/8/2025 DAYS ADD 74 14 _ o SUB.COMP. 180 8i192026 9_/20_6 FINAL COMP. 210 9/18/2026 10/2/2026 INCREASE OR DECREASE IN ITEM DESCRIPTION OF CHANGE(S) QTY. UNIT PRICE CONTRACT PRICE Contract Increase I 1 $0.00 1 $0.00 Contract Decrease I Dedicated Allowwance 1 (S40.197.00) 2 Contingency Allowance 1 ($133,990.00) $0.00 TOTAL INCREASE ($174,1$0.00) TOTAL DECREASE (S174,187.00 NET CHANGE RESULTING FROM THIS CHANGE ORDER $1,514,087.00 ORIGINAL CONTRACT PRICE $0.00 Net Increases by Change Orders(prior to this change order) $0.00 Net Decreases by Change Orders(prior to this change order) .00 $1,514,0S .00 (,51 Total Net Change by Change Orders(prior to this change order) S0 CONTRACT PRICE PRIOR TO THIS CHANGE ORDER .00) NET CHANGE RESULTING FROM THIS CHANGE ORDER $ , .00$174,18787 CONTRACT PRICE INCLUDING THIS CHANGE ORDER This document shall become an amendment to the contract and all provisions of the contract will apply hereto. Accepted by: Date: 9/28/2026 Engineer eco N 01/2812o26 Accepted by: Date: V odor Accepted by: Date: Ze 2-6- `°`I ^2'. 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O l ,II C Q co c G Iw R i w C v) L. _ GJ C rn w >Z co h VO N LL 1 c 0 E n U aJ C r ,I-. �. c . �+ = v 7 3 0 — . to v U 6 X CO 0 u I . - -0 0 t� T. c o I _ mot: v, ,�a. . fs Iti 7. !— U C 3 N E ."i y I ++ ++ ^ C) 4J 0 z m c � tI= m a 3 co 70 tJ Z 0 fr" "co V d SECTION 00500 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between CLAY COUNTY UTILITY AUTHORITY (owner) and DB CIVIL CONSTRUCTION, LLC (Contractor) Owner and Contractor,in consideration of the mutual covenants set forth herein,agree as follows: ARTICLE 1-WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Lift Station#20 Project A. Mobilization/Demobilization,General Requirements,and Bonds and Insurance. B. Environmental Protection and Maintenance of Traffic. C. Remove and deliver to the Owner salvageable equipment and materials as indicated on the Drawings and as requested by the Owner,remove and protect equipment to be relocated as indicated on the Drawings,remove and dispose of equipment and materials such as concrete slabs and other items indicated on the Drawings, and decommissioning of existing wet well and piping to be abandoned in accordance with the Contract Documents. D. Temporary Bypass Pumping System. E. Lift Station #20 Upgrades, which includes site civil work, fencing, saddle manhole, wet well, sanitary sewer piping, submersible pumps, potable water service, discharge piping, valves, instrumentation equipment, electrical and control components, relocation of emergency generator and transfer switch,concrete pads,and driveway. F. Conduct all necessary testing and start-up. G. Prepare Record Drawings. 00500-1 LIFT STATION#20 UPGRADES STANDARD FORM OF AGREEMENT August 2025 A detailed summary of Work is provided in the bid documents and drawings. CONTRACTOR is responsible for protecting existing materials, structures, and equipment on-site during construction activities. All materials,methods of construction,and standards must be in accordance with the AUTHORITY's approved material manual,specifications,and details(latest version). ARTICLE 2-THE PROJECT 2,01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Lift Station#20 Upgrades Project Project No.2023-113 Clay County Utility Authority,Bid No.ITB#2024/2025-A11 ARTICLE 3-ENGINEER 3.01 The Project has been designed by: Jones Edmunds 13545 PROGRESS BOULEVARD,SUITE 100 ALACHUA,FL 32615 License No. 1841 Phone: 353-377-5821 (Engineer),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 the completion of the Work in accordance with the Contract Documents. ARTICLE 4-CONTRACT TIMES 1.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 1.02 Days to Achieve Substantial Completion and Final Payment A. The Lift Station#20 Upgrades Project shall be Substantially Complete within 180 days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 210 days after the date when the Contract Times commence to run. 00500-2 LIFT STATION#20 UPGRADES STANDARD FORM OF AGREEMENT August 2025 1.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above,plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also 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 agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay$1000 for each day that expires after the time specified in Paragraph 4.02 for Substantial Completion until the Work is substantially complete. ARTICLE 5-CONTRACT PRICE 1.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A,and 5.01.B below: A. 1.For all Work other than Unit Price Work,a Lump Sum of: $ 1,514 087.00 (Numerals) ONE-MILLION FIVE-HUNDRED FOURTEEN-THOUSAND EIGHTY-SEVEN DOLLARS AND ZERO CENTS (Written) All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.02 of the General Conditions. B. For all Work,at the prices stated in Contractor's Bid,attached hereto as an exhibit. 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 one progress payment per month on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 19' or 3rd Wednesday 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 00500-3 LIFT STATION#20 UPGRADES STANDARD FORM OF AGREEMENT Auguat2025 • values established as provided in Paragraph 2.07.A 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: 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 may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. Ninety percent(90%)of the Work completed including the cost of materials and equipment stored and secured on the Site, but not incorporated in the Work (with the balance being retainage). If the Work has been fifty percent (50%) completed as determined by Engineer, the retainage shall be reduced to five percent (5%) on all subsequent payment requests. After fifty percent (50%) completion,if the character and progress of the Work have been satisfactory to Owner and Engineer,Contractor may request payment of up to one-half of the retainage held by the Owner on the entire amount of the Work completed, including the cost of materials and equipment stored and secured on the Site, but not incorporated in the Work. 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to ninety-five percent (95%) 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 one hundred percent (100%) of Engineer's estimate of the value of the 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 Project Closeout A. Owner shall develop a list of items required to render complete,satisfactory,and acceptable the Work purchased by Owner. The process for the development of the list, including responsibilities of Owner and Contractor in developing and reviewing the list and a reasonable time for developing the list,are as follows: 1. For construction projects having an estimated cost of less than $10 million, within 30 calendar days after reaching substantial completion of the Work;or 2. For construction projects having an estimated cost of $10 million or more, within 30 calendar days, unless otherwise extended by contract not to exceed 60 calendar days, after reaching substantial completion of the Work. 00500-4 LIFT STATION#20 UPGRADES • STANDARD FORM OF AGREEMENT August 2025 B. If this Agreement between Owner and Contractor relates to Work covering more than one building or structure, or involves a multi-phased Project, the list shall contain items required to render complete,satisfactory,and acceptable all of the Work for each building, structure, or phase of the Project within the time limitations provided in subsection 1, above. C. The failure to include any corrective work or pending items not yet competed on the list developed pursuant to subsection 1 or subsection 2,above,does not alter the responsibility of the Contractor to complete ail of the Work. D. Upon completion of all items on the list,Contractor may submit a payment request for all remaining retainage withheld by Owner pursuant to Section 255.078, Florida Statutes (2007) or any successor statue thereto. If a good faith dispute exists as to whether one or more items identified on the list have been completed pursuant to this Agreement, Owner may continue to withhold an amount not to exceed one-hundred fifty percent(150%)of the total costs to complete such items. F. All items of the Work that require correction under this Agreement and that are identified after the preparation and delivery of the list remain the obligation of Contractor as defined by this Agreement. F. Warranty items may not affect the final payment of retainage as provided in this section or as provided in this Agreement between Contractor and its subcontractors and suppliers. G. Retainage may not be held by Owner or Contractor to secure payment of insurance premiums under a consolidated insurance program or series of insurance policies issued to Owner or Contractor for the Project or a group of projects, and the final payment of . retainage as provided in the section may not be delayed pending a final audit by Owner's or Contractor's insurance provider. H. If Owner fails to comply with its responsibilities to develop the list required under subsection 1 or subsection 2, above, as defined in this Agreement, within the time limitations provided in subsection 1, above,Contractor may submit a payment request for all remaining retainage withheld by Owner pursuant to Section 255.078, Florida Statutes (2007)or any successor statue thereto.Owner need not pay or process any payment request for retainage if Contractor has, in whole or in part, failed to cooperate with Owner in the development of the list of failed to perform its contractual responsibilities, if any, with regard to the development of the list or if Section 255.078(6),Florida Statutes(2007)or any successor statue thereto applies. 6.04 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. 00500-5 LIFT STATION N20 UPGRADES STANDARD FORM OF A GREFMFNT August 2025 ARTICLE 7-INTEREST 7.01 All payments due for the Work as provided in Article 14 of the General Conditions and not made within the applicable time limits shall bear interest at the rate specified in Section 255.073(4),Florida Statutes(2007)or any successor statue thereto. 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, and 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,and 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.See Appendix A for Geotechnical Report. Contractor has obtained and carefully studied (or assumes responsibility for doing 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 any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. E. Contractor does not consider that any further examinations, investigations, explorations, 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. F. 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. 00500-6 LIFT STATION#20 UPGRADES STANDARD FORM OF AGREEMENT August2025 G. 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. H. 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. I. The Contract Documents are generally sufficient to indicate and convey an understanding of all terms and conditions for the performance and furnishing of the Work. ARTICLE 9-CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement(pages 00500-1 to 00500-11 inclusive). 2. Performance bond(pages 00600-1 to 00600-2,inclusive). 3. Payment bond(pages 00600-1 to 00600-2,inclusive). 4. General Conditions(C-700 pages 1 to 60,inclusive). 5. Supplementary Conditions(pages 00800-1 to 00800-12,inclusive). 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings bearing the following general title: Lift Station#20 Upgrades Project 8. Addenda (numbers 1 to ,inclusive). 9. Exhibits to this Agreement(enumerated as follows): a. Contractor's Bid(pages 00300-1 to 00300-10,inclusive). b.Documentation submitted by Contractor prior to Notice of Award (pages 00420-1 to 00440-1,inclusive). 00500-7 LIFT STATION#20 UPGRADES STANDARD FORM OF AGREEMENT August 202S 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed(section 00700 pg.6,inclusive). 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. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10-MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in this Agreement 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 to all covenants, agreements, and obligations contained in the Contract Documents. 00500-8 LIFT STATION#20 [UPGRADES STANDARD FORM OF AGREEMENT August2025 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 comes as close as possible to expressing the intention of the stricken provision. 10.05 Other Provisions A. WAIVER:The failure of either party to exercise any of its rights is not a waiver of those rights. A party waives only those rights specified in writing and signed by the party waiving its rights. Oral modification or rescission of this Agreement by an employee or agent of either party,shall not release either party of its obligations under this Agreement, shall not be deemed a waiver of any rights of either party to insist upon strict performance hereof,or of either party's rights or remedies under this Agreement or by law,and shall not operate as a waiver of any of the provisions hereof. B. Remote Access: The Owner may grant remote access, if required, to complete the Contractor's contractual obligations.The Contractor by accepting remote access,agrees to comply with the following provisions: 1. The Contractor will make a formal request for remote access if needed. The request will contain the following: (a) The names of any employees that will use the remote connection. (b) The scope of access needed (e.g. single machine, server, or service e.g. phone system). (c) The duration that access is needed. This date should not exceed the length of the contract. (d) List of applications that will be employed over the remote connection. 2. The Contractor shall maintain current industry standard anti-virus and anti-malware tools on the Contractor's IT systems.The Contractor shall maintain up-to-date security patches, hotfixes, security patches and other similar software and firmware changes on the system(s)used to access the remote connection. 3. The Contractor shall take reasonable precautions to prevent the transmission of a computer virus,malware,or other malicious code. 00500-9 LIFE STATION 020 UPGRADES STANDARD FORM OF AGREEMENT August 2025 4. The Contractor shall take reasonable precautions to prevent an open connection or port that would allow an unauthorized connection to the Owner's computer, server or system. 5. If the Contractor has suffered a computer virus,intrusion,ransomware,or other cyber- attack that might put Owner's data at risk, the consultant or contractor will notify the Owner,within two(2)hours after discovery. 6. The Contractor shall only use the remote connection for the purposes of fulfilling the Contractor's contractual obligations with the Owner. 7. The Owner reserves the right to change the remote connection application,encryption, or methodology,without prior notice,in order to maintain its secure network. 8. The Contractor shall not share the remote connection. If a subcontractor or vendor requires remote access, the subcontractor or vendor shall contact Owner and make a formal request for a separate remote connection that contains the same information as the Contractor. 9. The Owner reserves the right to sever the remote connection at any time in order to maintain its secure network. It is the Contractor's responsibility to seek an alternate means to share data. 10. At no time will the contractor attempt to copy, transmit, or store confidential, or Personally Identifiable Information contained in the Owner's computer, server or system. 11. At the conclusion of the contract the Contractor agrees to purge any of the Owner's data that was obtained over the remote connection, and provide a written statement attesting to the data destruction. If the Contractor wishes to retain this data,a formal request must be submitted to the Owner prior to the completion of the contract. 12. The Contractor shall require all its employees, subconsultant(s), vendor(s) and subcontractor(s) to comply with provisions of this paragraph. 00500-10 LIFT STATION#20 UPGRADES STANDARD FORM OF AGREEMENT August 2025 IN WITNESS WHEREOF,Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on October 10 2025 (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: CLAY COUNTY UTILITY AUTHORITY Jeremy D.Johnston,P.E.,MBA By: Executive Director [CORPORATE SEAL] Att , Attest� / Address for giving noticrs: ��' ) Address for giving notices: 3176 Old Jennings Road Lk -1 S L(S Middleburg,Florida 32068 1 �07 License No. (Where applicable) Agent for service of process: (If CONTRACTOR is a corporation or a Partnership,attach evidence of authority to sign.) Designated Representative: Designated Representative: Name: Joe Paterniti Name: Title: Program Manager Title: Address: 3176 Old Jennings Road Address: Middleburg,Florida 32068 Phone: (904)213-2412 Facsimile: (904)213-2469 Phone:_ Facsimile: 00500-11 LIFT STATION#20 UPGRADES STANDARD FORM OF AGREEMENT Augusf2025