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HomeMy WebLinkAbout2003 06 23 Consent C Sunshine Park Improvements COMMISSION AGENDA CONSENT x INFORMATIONAL ITEM C PUBLIC HEARING 06 /23/03 Meeting REGULAR MGR. It-- /DEPT C. Authorization REQUEST: The Parks and Recreation Department is requesting the City Commission to award the bid for the Sunshine Park Restroom/Storage Building as per bid # (TBOI5-03 CP to the lowest and best bidder Tim Williams Builders and to provide the City Manager the authority to enter Into a contract with Tim Williams Building and to provide a notice to proceed to construction. Also to approve a Supplemental Appropriation from fund balance Park Donation Revenues in the amount of $ 26,569.00. PURPOSE: The purpose of this Item is to gain Commission approval necessary to proceed to construction with the Sunshine Park Improvements. CONSIDERATION: . On August 12,2002 the City Commission approved the C.D.B.G. Grant Agreement for the Sunshine Park Improvements for 5129,000. . On October 28, 2002, The City Commission approved the Sunshine Park Design Service Proposal from Starmer/Ranaldl for $ 10,000. . Parks and Recreation has met with the County C.D.B.G. staff, Senior Citizens, City Staff, and the Development Review Committee regarding this project. . On June 12, 2003, 7 Bids were received by the Bid Closing as follows: ALTERNATIVES NAME BASE BID 2 3.4 and 5 TOTAL BID Tim Williams Builders $ 128.000 $ 18.500 $ 146.500 Barracuda BuUdinl! Corp $ 138.000 $ 35.700 $ 173.700 Stleren Construction $ 146.000 $ 31.105 $ 177.105 The Wataul!a Company $ 173.016 $ 33.244 $ 206.260 PNL Commercial Corp. $ 178.764 $ 32.500 $ 211.264 Seacoast Constructors $ 162.000 $ 51.000 $ 213.000 Harris Construction $ 149.000 $ 110000 $ 259.000 . Starmer/Ranaldi, CDBG, Parks and Recreation and Public Works staff recommend this award to Tim Williams Builders in the amount of $ 146,500 (Based Bid $ 128,000 and Alternate # 2 $ 4,800 for 8" Sanitary Sewer Line Labor, and alternate #3 at $ 3,300 for 6" Sanitary Sewer Line Labor, and alternate #4 at $ 2,900 for automatic door opener at Civic Center and Alternate # 6 at $ 7,500 for re-surfacing of Parldng Lot). EXPENSES REVENUES Base of Bid & Alternatives 2.3.4.&6 $ ]46500 Remainine: CDBG Funds $ 114,581 10% Contine:encv 14650 FRDAP Grant #3 $ 20.000 Park Donation Fund $ 26.569 Total $ 16],]50 Total $ 161.150 . Construction Administration will be a coordinated effort with Starmer/Ranaldi, Public Works and Parks and Recreation. FUNDING: The funding sources for this project will be $ 114,581.00 from the remaining C.D.B.G. Funds and $ 20,000 from Budgeted FRDAP FUNDS FY 02/03 and $ 26,569 from Park Donation Revenues. RECOMMENDA nON: Parks and Recreation recommends that the City Commission authorize the City Manager to enter into a contract with Tim Williams Builders for $ 146,500 and 10% Contingency Payable from Sunshine Park C.D.B.G. Grant, FRDAP revenues and a Supplemental Appropriation ofs 26, 569.00. IMPLEMENT A nON SCHEDULE: July 1,2003 July ]4,2003 Sept. 12, 2003 ATTACHMENTS: Execute Contract. Anticipate construction to begin. Completion. #1 Bid award Opinion Letter. #2 Bid ITB-015-03CP Summary. #3 Agreement Form. #4 Site Plan. COMMISSION ACTION: A TT ACHMENT # 1 Planning and Architecture Inc ~ Ranaldi ]6 Jun 03 Chuck Pula, Director Park and Recreation Department City of Winter Springs 1000 East SR 434 Winter Springs, Florida 32708 Re: Sunshine Park Senior Citizens Improvements Bid Award Opinion Chuck We have reviewed the seven bids for the above referenced project and in our opinion Tim Williams Builders is the apparent qualified low bidder as outlined below: I. Bids Received: Name Base Bid Alternates Total Bid 2,3,4, and 5 a. Tim Williams Builders $ ] 28,000 S 18,500 $ 146,500 b. Barracuda Building Corp $ ] 38,000 S 35,700 $ 173,700 c. Stieren Construction $ 146,000 S 31,105 $ 177,105 d. The Watauga Company S 173,016 $ 33,244 S 206,260 e. PNL Commercial Corporate $ 178,764 $ 32,500 $ 211 ,264 f. Seacoast Constructors $ ] 62,000 $ 51,000 $ 213,000 g. Harris Construction $ ]49,000 $110,000 S 259,000 2. The bid from Tim Williams Builders did not acknowledge addendum 2, did not breakdown labor and materials for alternates 2 an 3, their number for alternate 5 appeared to be low, and there was no number given for alternate 6. 890 Northern Way Suite E-1 ph 407 977 1080 fx 407 977 1019 Winter Springs Florida 32708 www.sriarch.com AA-002984 3. We contacted the Tim Williams Builders regarding these discrepancies, and have received in writing that their base bid did included addendum 2, they provided a break down for alternates 2 and 3, assured us that their number for alternate 5 was appropriate, and alternate 6 was not selected therefore no number was necessary. 4. We believe the City has the right to waive certain formalities in the bid process and make an award which the City believes is in their best interest, however we have received a phone call from the second low bidder expressing their concern that the bid was not fair, and we suggest you discuss this with the City Attorney to obtain a legal opinion as to whether the low bidder should be disqualified based on those items in paragraphs 2 and 3 above. 5. We have contacted three of the four references Tim Williams Builders provided and they where all positive in nature. The low bid including the accepted alternates is approximately $ 2,500 below the City's budget and in our opinion, subject to the City Attorneys review and approval, the City should move forward with the execution of a contract in the amount of $ 146,500 to Tim Williams Builders for the work on this project. We trust this information will be well received and we look forward to working with you in making this project a gr. at succe s. R~rs W armer NCARB Presi ent Att: bid tabulation summary sheet Bid Tabulation Sheet , PROJECT Sunshine Park I Senior Civic Center (\ OWNER City of Winter Springs r ~ f\ BID DATE & TIME June 12. 2003, 3:00 p.m. 1\ Base BKI / \ Alternate No. flnate No 2 Alternate NO.2. l&ftNO.3' Alternate NO.3. Alternate No. . 14'oOOa Naw Addendum Addendum GC BKI Subcontactor Stucco in lr~~ of S- aoilary 8- Sanitary 6 Sanitary 6- Sanitary Automatic [)(J r Opener at thE Alternata No. 5 f..surtace p.tternale NO.6. Pfumbing COMPANY NAME NO.1 NO.2 Lcensure Security Ust Masory Ven 0....- L OR MATERIAL BOR MATER IAL Civic Center of parking lot ,,"ura 1 Barracade Building Corp Ve. Yes Ve. Ve. Partial I $'38.000 ~$6.0oo) .1 $2,60( $'.800 51.600 $1.000 $12.000.00 $19.500.00 (56.700.00) 2 Harris Construction Yes Yes No Ve. No $ '49.000 (~) 51.600 $900 52.800 $1.'00 $3.600.00 5'02.000,00 ($6.200.00) 3 Janus Building Corp NOE 10 4 PNL Commercial Corporate Ve. Ve. Yes Ve. Yes $178.764 ($12.00< $4.000 $50l $3.000 5200 52.500.0~ $23.000.00 No PrCing 5 Seacoast Constructors Yes Yes No Ve. No $'62.000 ($6.00 ) No Brkdwn No Brkdwn No Brkdwn No Brkdwn 58.000.00 $26.000.00 No Pricing $12.000 $5.0 0 6 Stieren Construction Yes Yes Ve. Ve. Ve. $146.000 ($3.50 ) 55.655 51.88 $1.3 0 $433 $6.000.00 518.150.00 No Prcing 7 The Wataug3 Company Yes Yes No Ve. No r. $173.016 ($3.1' $7.000 $672 No Brkdwn No Brkdwn $6.500.00 5,a.'80.00 No Pricing ~ 51.2 8 Tin Williams Builders Ve. No Yes Yes ParHal / $128.000 (53.000 No Brkdwn No Brkdwn No Brkdwn NI~ \ $2.900.00 57.500.00 No Pricing ~ '2...!a) """ \ 9 / \ 1\ 4exti \ ~ \ \ / 10 I \ \ / \ \ / ~) 11 \ / ~ \J ~ ""-.../ \ Bids Opened by: ~ - 1171W z.S1,ao Zlltv4 'Z/'$(;()C ...- 111 }o? z,oCf t€JJ 't~~ Bids Witnessed by: }lo~ 5}w ..> ~ -+ ?~ro (j;AlF.,u:fJ.; / ATTACHMENT #2 -. 'oj.- CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone: (407) 327-1800 Fax: (407) 327-4753 Websile: www.winlerspringsfl.org BID NUMBER: ITB-01S-03/CP SUNSHINE PARK RESTROOM/STORAGE BUILDING BID CLOSING: JUNE 12, 2003 Bid Closing Was Called By: Nancy Vobomik, Purchasing Coordinator Bid Opened: Bid Closed: 3:00 p.m. 3:05 p.m. Witnesses: Mr. Chuck Pula, Parks and Recreation Department, Director Ms. Holly Pierstorff, Assistant to the City Clerk Seven (7) Bids Received: 1. PNL COMMERCIAL CORPORATION AGENT: PHILLIP HALL, PRESIDENT ADDRESS: 1367 EAST HORATIO A VENUE, MAITLAND, FLORIDA 32751 TELEPHONE: (321) 783-0592 FACSIMILIE: (321) 799-4265 BID AMOUNT: $178,764.00 2. SEACOAST CONSTRUCTORS & CONSULTANTS, INC. AGENT: DONALD KNOWLTON, SECRETARY ADDRESS: 6005 SILVER ST AR ROAD, ORLANDO, FLORIDA 32808 TELEPHONE: (407) 578-9300 FACSIMILIE: (407) 578-9301 BID AMOUNT: $162,000.00 3. THE WATAUGA COMPANY AGENT: ELIZABETH SNODGRASS, PRESIDENT ADDRESS: 4275 CAPRON ROAD, TITUSVILLE, FLORIDA 32780 TELEPHONE: (321) 267-5785 FACSIMILE: (321) 383-7338 BID AMOUNT: $169,516.00 (ADD $ 3,500.00 TO BASE BID) 4. HARRIS CONSTRUCTION GROUP, INC. AGENT: BRIAN HARRS, PRESIDENT ADDRESS: 61 ALAFA Y A WOODS BOULEVARD, SUITE 404, OVIEDO, FLORIDA 32765 TELEPHONE: (407) 971-1230 FACSIMILE: (407) 971-1231 BID AMOUNT: $149,000.00 5. STIEREN CONSTRUCTION, INC. AGENT:CHARLESSTIEREN ADDRESS: 1810 MEADOWBROOK DRIVE, LONGWOOD, FLORIDA 32750 TELEPHONE: (407) 332-8358 FACSIMILE: (407) 332-0772 BID AMOUNT: $146,000.00 J.~ -> BID NUMBER: ITB-O]5-03 CP BID CLOSING DATE: JUNE ]2, 2003 PAGE20F2 6. TIM WILLIAMS BUILDERS AGENT: JASON COMIKSEY, GENERAL MANAGER ADDRESS: 3975 GLASSMAN ROAD, ST. CLOUD, FLORIDA 34772 TELEPHONE: (407) 892-2219 FACSIMll.,E: (407) 892-9920 BID AMOUNT: $128,000.00 7. BARRACUDA BUILDING CORPORATION AGENT: JAMES THOMPSON, PRESIDENT ADDRESS: 3539 FURLONG WAY, GOTHA, FLORIDA 34734 TELEPHONE: (407) 578-1441 FACSIMll.,E: (407) 578-1454 BID AMOUNT: $138,000.00 /'/ Copy: Mr. Chuck Pula, Parks and Recreation Department, Director Ms. Nancy Vobomik, Purchasing Department 'i ATTACHMENT # 3 AGREEMENT FORM TillS AGREEMENT MADE TillS DAY OF , 2003 between the CITY OF WINTER SPRINGS of 1126 East State Road 434, Winter Springs, Florida 32708, Seminole County, State of Florida, herein referred to as OWNER and . State of Florida, herein referred to as CONTRACTOR, a person duly licensed as a Contractor in the State of Florida, as follows: 1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents, for SUNSHINE PARK RESTROOM/STORAGE BUILDING, at City of Winter Springs, City Hall, 1126 East S.R. 434, Winter Springs, FL. 32708. 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all Technical, General and Supplementary Conditions and Sections contained in the Project Manual; the Drawings are listed on the Bid Form and Index to Drawings; all Addenda issued prior to and all Change Orders issued after execution of this Agreement. These form the Contract and are incorporated into this Contract by this reference. 3. CONTRACT TIME - The CONTRACTOR shall begin work within 10 days after the issuance of a written Notice to Proceed and shall complete the work within 45 calendar days from the date of the Notice to Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in writing. 4. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 3 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in providing in a legal or arbitration proceeding the actual loss suffered by 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 $ 500.00 for each day that expires after the time specified in Paragraph 4 for final completion until the work is finally complete, and that OWNER has paid to CONTRACTOR the consideration ofTen ($10.00) Dollars as consideration for this provision. . 5. CONTRACT PRICE. UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Con~ract Price of One Hundred Forty Six Thousand Five Hundred Dollars and Zero Cents ($ 146,500.00). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. 6. PROGRESS PAYMENTS - OWNER shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the City for their authorized representative, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents. Progress payments may be withheld if: (A) Work is found defective and not remedied; .-. (B) Contractor does not make prompt and proper payments to subcontractors; (C) Contractor does not make prompts and proper payments for labor, materials, or equipment furnished him; (D) Another Contractor is damaged by an act for which Contractor is responsible; (E) Claims or liens are rued on the job; or (F) In the opinion of the City of Winter Springs, Contractors work is not progressing satisfactorily. 7. FINAL PAYMENT - OWNER shall withhold up to 10% of the Contract Price throughout the project. The OWNER shall release 50% of the amount withheld upon issuance of the Substantial Completion Certificate. The remaining 50% of the amount withheld shall be released with the Final Payment after the issuance of the Final Completion Certificate. OwNER shall make f'mal payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed. If the contract has been fully and timely performed, but subject to the condition that f'mal payment shall not be due until CONTRACTOR has delivered to OWNER a complete release of liens arising out the contract, or receipt releases of lien fully covering all labor, materials, and equipment for which a lien could be fIled, or in the alternative a bond satisfactory to OWNER indemnifying him against such claims. By making payments OWNER does not waive claims including but not limited to those relating to: (A) Faulty work appearing after substantial completion has been granted; (B) Work that does not comply with the Contract Documents; (C) Outstanding claims of liens; or (D) Failure of Contractor to comply with any special guarantees required by the Contract Documents. 8. DESIGNATION OF PROJECT DIRECTOR OR ARCIDTECT OR ENGINEER: DUTIES AND AUTHORITY - The duties and authority of the City are as follows: a. General Administration of Contract. The primary function of the City is to provide the general administration of the contract. In performance of these duties Charles Pula or his authorized representative, Donald James, is the City's Project Director during the entire period of construction. The OWNER (City) may change the Project Director during the term of this contract. b. Inspections. Opinions. and Proeress Reports. The OWNER shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The OWNER will not e responsible for the means of construction, or for the sequences, methods, and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance with the Contract Documents. .~ c. Access to Worksite for Inspections. The OWNER shall be given free access to the worksite at all times during work preparation and progress. The Project Director is not obligated to make exhaustive or continuous on site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive Owner's claim regarding defective work by Contractor. d. Interpretation of Contract Documents: Decisions on Disputes. The Owner will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between Contractor and Owner. e. Reiections and Stoppaee of Work. The Owner shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Pavment Certificate. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and OWNER's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 9. RESPONSffiILITES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of aU work. CONTRACTOR shall supervise and direct the work, and give it aU attention necessary for such proper supervision and direction. b. Discipline and Emplovment. CONTRACTOR shall maintain at aU times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishine of Labor. Material. etc. CONTRACTOR shall provide and pay all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and services necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Pavment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure aU licenses and permits necessary for proper completion of the work, paying the fees therefore. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by OWNER. 10. BOND - CONTRACTOR shall supply a materials, performance, and payment bond(s) in accordance with Florida Law and to the satisfaction of OWNER, in an amount specified in the Contract Documents. \:,i. 11. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in a mediation. The parties agree to equally share the cost of the mediator. Should the parties fall to resolve their differences through mediation, then any cause of action fIled hereunder shall be fIled in the Circuit or County Court for Seminole County, Florida. 12. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid to the applicable party at the address shown on the first page of the Contract. Signed, Sealed and Delivered In the Presence of: Contractor Tim Williams Builders Name: Tim Williams 3975 Glassman Road St. Cloud, Fl 34772 (407) 892-2219 Address and Telephone Date OWNER: CITY OF WINTER SPRINGS c.4 Ronald W. McLemore City Manager 1126 East State Road 434 Winter Springs, FL 32708 (407).327-1800 '1' ATTACHMENT # 3 AGREEMENT FORM Tms AGREEMENT MADE TmS DAY OF . 2003 between the CITY OF WINTER SPRINGS of 1126 East State Road 434, Winter Springs, Florida 32708, Seminole County, State of Florida, herein referred to as OWNER and . State of Florida, herein referred to as CONTRACTOR, a person duly licensed as a Contractor in the State of Florida, as follows: 1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents, for SUNSmNE PARK RESTROOM/STORAGE BUILDING, at City of Winter Springs, City Hall, 1126 East S.R. 434, Winter Springs, FL. 32708. 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all Technical, General and Supplementary Conditions and Sections contained in the Project Manual; the Drawings are listed on the Bid Form and Index to Drawings; all Addenda issued prior to and all Change Orders issued after execution of this Agreement. These form the Contract and are incorporated into this Contract by this reference. 3. CONTRACT TIME - The CONTRACTOR shall begin work within 10 days after the issuance of a written Notice to Proceed and shall complete the work within 45 calendar days from the date ofthe Notice to Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in writing. 4. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 3 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in providing in a legal or arbitration proceeding the actual loss suffered by 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 $ 500.00 for each day that expires after the time specified in Paragraph 4 for fmal completion until the work is finally complete, and that OWNER has paid to CONTRACTOR the consideration ofTen ($10.00) Dollars as consideration for this provision. 5. CONTRACT PRICE. UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of One Hundred Forty Six Thousand Five Hundred Dollars and Zero Cents ($ 146,500.00). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. 6. PROGRESS PAYMENTS - OWNER shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the City for their authorized representative, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents. Progress payments may be withheld if: (A) Work is found defective and not remedied; "-1 (B) Contractor does not make prompt and proper payments to subcontractors; (C) Contractor does not make prompts and proper payments for labor, materials, or equipment furnished him; (D) Another Contractor is damaged by an act for which Contractor is responsible; (E) Claims or liens are fUed on the job; or (F) In the opinion of the City of Winter Springs, Contractors work is not progressing satisfactorily. 7. FINAL PAYMENT - OWNER shall withhold up to 10% ofthe Contract Price throughout the project. The OWNER shall release 50% of the amount withheld upon issuance of the Substantial Completion Certificate. The remaining 50% of the amount withheld shall be released with the Final Payment after the issuance of the Final Completion Certificate. OwNER shall make. f'mal payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed. If the contract has been fully and timely performed, but subject to the condition that f'mal payment shall not be due until CONTRACTOR has delivered to OWNER a complete release of liens arising out the contract, or receipt releases of lien fully covering all labor, materials, and equipment for which a lien could be f'Iled, or in the alternative a bond satisfactory to OWNER indemnifying him against such claims. By making payments OWNER does not waive claims including but not limited to those relating to: (A) Faulty work appearing after substantial completion has been granted; (B) Work that does not comply with the Contract Documents; (C) Outstanding claims of liens; or (D) Failure of Contractor to comply with any special guarantees required by the Contract Documents. 8. DESIGNATION OF PROJECT DIRECTOR OR ARCIDTECT OR ENGINEER: DUTIES AND AUTHORITY - The duties and authority of the City are as follows: a. General Administration of Contract. The primary function of the City is to provide the general administration of the contract. In performance of these duties Charles Pula or his authorized representative, Donald James, is the City's Project Director during the entire period of construction. The OWNER (City) may change the Project Director during the term of this contract. b. Inspections. Opinions. and Prollress Reports. The OWNER shall be kept familiar with the progress and quallty of the work by CONTRACTOR and may make periodic visits to the work site. The OWNER wili not e responsible for the means of construction, or for the sequences, methods, and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance with the Contract Documents. '~ c. Access to Worksite for Inspections. The OWNER shall be given free access to the worksite at all times during work preparation and progress. The Project Director is not obligated to make exhaustive or continuous on site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive Owner's claim regarding defective work by Contractor. d. Interpretation of Contract Documents: Decisions on Disputes. The Owner will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between Contractor and Owner. e. Reiections and Stoppag:e of Work. The Owner shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Pavment Certificate. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and OWNER's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 9. RESPONSmILITES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Emplovment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishing: of Labor. Material. etc. CONTRACTOR shall provide and pay all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and services necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Pavment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees therefore. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by OWNER. 10. BOND - CONTRACTOR shall supply'a materials, performance, and payment bond(s) in accordance with Florida Law and to the satisfaction of OWNER, in an amount specified in the Contract Documents. " 11. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in a mediation. The parties agree to equally share the cost of the mediator. Should the parties fall to resolve their differences through mediation, then any cause of action fIled hereunder shall be fIled in the Circuit or County Court for Seminole County, Florida. 12. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid to the applicable party at the address shown on the first page of the Contract. Signed, Sealed and Delivered In the Presence of: Contractor Tim Williams Builders Name: Tim Williams 3975 Glassman Road St. Cloud, FI 34772 (407) 892-2219 Address and Telephone Date OWNER: CITY OF WINTER SPRINGS ~ Ronald W. McLemore City Manager 1126 East State Road 434 Winter Springs, FL 32708 (407) 327-1800 . D ~ ~CX> 32 o -. -0 0 ,,~O~ ~~Z3'~ " (/) 0 0 :::"Q 3= 0 o 3'(]) :J ~ CX>O ~ Q 0y>:J)> -,,~-, x -0 0 ~ O""Q-<2:f'I "o:~iDl>> ~oco::S ::::n;:~ it g l>> :....."m(]) - 00, -0- :oCX>-?; .... Ol::,DlJ::! " () 10 -l (p '- 0 r ~ (b' L m () m .. r-()~ Z-lm () '~;:n ;::;:l> 0=2: "-' o ::::i o l> rrl(j) " () ::::il> <-r ~ m .Cll .. ~~ \,)J ~ E 3' ~ (p ~ 3' II '" (p c ::> '" :y 3' Cll lJ '" ~ [I] .1 ,I' I' ----. .----. ,I ,I' .1' I' ):01 t-3 t-3 ):01 () ::a 3: tIj Z t-3 I' .1 I' EXISTING SE ' l>/A3.1 FOR DN~~~ CENTER. RE, REPLACEMENT INFORMATION. NEW ':l SF. 'RESTROOM . :2 FOR ADDITIONAL ~~~OG.. RE, AU RMATlON. NEW 8' SANI- A CLEAN-OUT I RT LINE AND AL TE~ATE' ~S PART OF ADD BALL FIELD ----. ----. ----. ---- ----- '. ----- .-----. NEW l>' SANIT A ................ EXISTING BUIU;;';J LINE. TIE.IN'S FROM................ AS PART OF GZ' AND CLEAN.OUT DD ALTE~ATE 0")' ............... EXISTING CIVIC CEN' ................. DOOR REPLACEMEN;~~ RE, lIA3.1 FOR '. PART OF ADDFO~ATlON' AS ELEYEN (II) NEW PA L TE~ATE "4 HlC . FIVE (!'>) STN~I~.SPACES, FIVE (4) FOR ADDITION;~Vi~FDRAWINGS ORMATION ENTIRE PARKI CIVIL DRAWI~ LOT IS TO 6E RE-SU FOR ADDITIONAL IN~,ACED. RE, OF ADD ALTE AS PART ~ATE 'S. Q;)SITE PLAN "It: ~ N.T.S. . ';' MEMORANDUM TO: Andrea Lorenzo - Luaces City Clerk FROM: George Edwards, Capital Projects Coordinator RE: Documentation for Project #ITB-115-03/CP Sunshine Park Improvements DATE: August 12, 2003 Transmitted herewith are the following executed documents for your files: 1 ) Notice of Award 2) Agreement 3) Notice to Proceed 4) Certificate of Liability Insurance 5) Performance and Labor and Materials payment Bonds "-'. ,'i. ~ NOTICE OF AWARD TO: Jason Comisky, General Manager Tim Williams Builders 3975 Glassman Road St. Cloud, Florida 34772 PROJECT DESCRIPTION: Sunshine Park Replacement Restroom/Storage Building, Parking Improvements. The OWNER has considered the BID submitted by Tim Williams Builders for the above-described WORK in response to the Advertisement for Bids dated May 16, 2003 and instructions to Bidders. You are hereby notified that your BID in the amount of $ 146,500.00 for BID items contained in the Bid Schedule has been accepted. . You are required by the instructions to Bidders to execute the Agreement and furnish the required CONTRACTOR's Performance Bond, Payment Bond, and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) calendar days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned a nd your BID BOND shall be forfeited. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated the ~l, day of J" rJ\! ,2003 By 1~-tI~ ~ , Ron McLemore OWNER: Title for City Manaaer ACCEPTANCE OF NOTICE Re~eipt and accep-tance of the above NOTICE OF AWARD is hereby aqknowledged by this the q day of 7;'4"/ ,2003. '\ , By f}~ ~ / c. J'1.-1 v Title : AGREEMENT FORM Tms AGREEMENT MADE TmS 2/lL DAY OF II.I~ .2003 between the CITY OF WINTER SPRINGS of 1126 East State Road 434, Wi~ings, Florida 32708, Seminole County, State of Florida, herein referred to as OWNER and Tim Williams Builders. State of Florida, herein referred to as CONTRACTOR, a person duly licensed as a Contractor in the State of Florida, as follows: 1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract Documents, for SUNSHINE PARK REPLACEMENT RESTROOM/STORAGE BUILDING, PARKING IMPROVEMENTS, at City of Winter Springs, City Hall, 1126 East S.R. 434, Winter Springs, FL. 32708. 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all Technical, General and Supplementary Conditions and Sections contained in the Project Manual; the Drawings are listed on the Bid Form and Index tQ Drawings; all Addenda issue€l prior to and all Change Orders issued after execution of this Agreement. These form the Contract and are incorporated into this Contract by this reference. 3. CONTRACT TIME - The CONTRACTOR shall begin work within 10 days after the issuance of a written Notice to Proceed and shall complete the work within 45 calendar days from the date of the Notice to Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in writing. 4. LIOUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 3 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in providing in a legal or arbitration proceeding the actual loss suffered by 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 $ 500.00 for each day that expires after the time specified in Paragraph 4 for final completion until the work is finally complete, and that OWNER has paid to CONTRACTOR the consideration ofTen ($10.00) Dollars as consideration for this provision. 5. CONTRACT PRICE. UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance ofthe work, subject to additions and deductions by Change Order, the Total Contract Price of One Hundred Forty Six Thousand Five Hundred Dollars and Zero Cents ($ 146,500.00). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. Base Bid $ 128,000.00; Alternate #2 - 8" Sanitary Line Labor $ 4,800.00; Alternate #3 - 6" Sanitary Line Labor $ 3,300.00; Alternate # 4 - New ;\utomatic Door Opener at Civic Center $ 2,900.00 and Alternate #5 - Re-Surface Parking Lot $ 7,500.00. 6. PROGRESS PAYMENTS - OWNER shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the City for their authorized representative, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents. } b. Inspections. Opinions. and Prol!ress Reports. The OWNER shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The OWNER will not be responsible for the means of construction, or for the sequences, methods, and procedures used therebi, or for the CONTRACTOR's failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections. The OWNER shall be given free access to the worksite at all times during work preparation and progress. The Project Director is not obligated to make exhaustive or continuous on site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive 'Owner's claim regarding defective work by Contractor. d. Interpretation of Contract Documents: Decisions on Disputes. The Owner will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between Contractor and Owner. e. Rejections and Stoppal!e of Work. The Owner shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. Pavrnent Certificate. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and OWNER's inspections and observations, and will issue certificates for progress payments and rmal payments in accordance with the terms of the Contract Documents. 9. RESPONSIBILITES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and give it all attention necessary for such proper supervision and direction. b. Discipline and Emplovment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishin!! of Labor. Material. etc. CONTRACTOR shall provide and pay all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, transportation, and all other facilities and services necessary for the proper completion of work on the project in accordance with the Contract Documents. d. Pavrnent of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees therefore. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year after acceptance by OWNER. I ) Progress payments may be withheld if: (A) Work is found defective and not remedied; (B) Contractor does not make prompt and proper payments to subcontractors; (C) Contractor does not make prompts and proper payments for labor, materials, or equipment furnished him; (D) Another Contractor is damaged by an act for which Contractor is responsible; (E) Claims or liens are flied on the job; or (F) In the opinion of the City of Winter Springs, Contractors work is not progressing satisfactorily. (G) Contractor does not provide weekly payroll information on each employee as required to Seminole County CDBG Office" 7. FINAL PAYMENT - OWNER shall withhold up to 10% of the Contract Price throughout the project. The OWNER shall release 50% of the amount withheld upon issuance of the Substantial Completion Certificate. The remaining 50% of the amount withheld shall be released with the Final Payment after the issuance of the Final Completion Certificate. OWNER shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed. If the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to OWNER a complete release of liens arising out the contract, or receipt releases of lien fully covering all labor, materials, and equipment for which a lien could be flied, or in the alternative a bond satisfactory to OWNER indemnifying him against such claims. By making payments OWNER does not waive claims including but not limited to those relating to: . (A) Faulty work appearing after substantial completion has been granted; (B) Work that does not comply with the Contract Documents; (C) Outstanding claims of liens; or (D) Failure of Contractor to comply with any special guarantees required by the Contract Documents. 8. DESIGNATION OF PROJECT DIRECTOR OR ARCmTECT OR ENGINEER: DUTIES AND AUTHORITY - The duties and authority ofthe City are as follows: a. General Administration of Contract. The primary function of the City is to provide the general administration of the contract. In performance of these duties Chuck Pula or his authorized representative, Donald James, is the City's Project Director during the entire period of construction. The OWNER (City) may change the Project Director during the term of this contract. f )' 10. BOND - CONTRACTOR shall supply a materials, performance, and payment bond(s) in accordance with Florida Law and to the satisfaction of OWNER, in an amount specified in the Contract Documents. 11. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in a mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action fIled hereunder shall be fIled in the Circuit or County Court for Seminole County, Florida. 12. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid to the applicable party at the address shown on the first page of the Contract. Signed, Sealed and Delivered Iii the Presence of: ~tU~ Contractor Tim Williams Builders e: Jason Comiskey, General anager 975 Glassman Road St. Cloud, FI 34772 (407) 892-2219 Address and Telephone Date Signed, Sealed and Delivered In the Presence of: OWNER: CITY OF WINTER SPRING l~tJ/~ By: Ronald W. McLemore City Manager 1126 East State Road 434 Winter Springs, FL 32708 (407) 327-1800 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327.1800 Fax (407) 327-6695 NOTICE TO PROCEED TO: Tim Williams Builders 3975 Glassman Road' St. Cloud FL 34772 DATE: The Effective Date of this Notice to Proceed is Julv 31. 2003 PROJECT: Sunshine Park Inwrovements Citv of Winter Svrin1!s Bid No. ITB-115-03/CP In accordance with the Agreement dated July 21, 2003, you are hereby notified to commence WORK within 10 days of this NOTICE TO PROCEED and to complete the WORK 45 calendar days from the effective date of this NOTICE TO PROCEED. The completion date of all WORK is therefore September 14, 2003. By ~, /~--= II . ~, /,1.' /' Ronald W. McLemore ' Name Title City Manager ACCEPTANCE OF NOTICE TO PROCEED Receipt of the above NOTICE TO PROCEED IS hereby acknowledged this 2 day of lit) 4. vS r 2003. Tit! By ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DDNYYY) TIll 08/07/2003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Amsley Insurance Services Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1605 13th Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Cloud FL 34769 INSURERS AFFORDING COVERAGE NAIC# INSURED WILLIAMS BUILDERS INSURER A: ZURICH US 3975 GLASSMAN RD. INSURER B: HARTFORD INSURER C: ST. CLOUD FL 34772 INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '~;: ~~~~ POLICY NUMBER POLICY EFFECTIVE P~k~: EXPIRATION LIMITS ~NERAL LIABILITY EACH OCCURRENCE $ 1.000 000 A X ~ SCP37033017 10/20/2002 10/20/2003 DAMAGE TO RENTED $ 300 000 3MERCIAL GENERAL LIABILITY I-- CLAIMS MADE [K] OCCUR MED EXP (Anyone person\ $ 10 000 I-- PERSONAL & ADV INJURY $ 1.000000 GENERAL AGGREGATE $ 2,000,000 nL AGGRErilE LIMIT APnS PER: PRODUCTS - COMP/OP AGG $ 2.000 000 POLICY X ~~9T LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ~ ANY AUTO SCP37033017 10/20/2002 10/20/2003 lEa accident) I-- ALL OWNED AUTOS BODILY INJURY (Per person) $ I-- SCHEDULED AUTOS ~ HIRED AUTOS BODILY INJURY ~ (Per accident) $ NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ mESSIUMBRELLA LIABILITY EACH OCCURRENCE $ A X X OCCUR 0 CLAIMS MADE SCP37033017 10/20/2002 10/20/2003 AGGREGATE $ UMBRELLA $ 2.000000 R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X I T~~~T~I'\!';, I IOJ61- B EMPLOYERS' LIABILITY 38WBGGBB191 07/26/2003 07/26/2004 $ 1.000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If ~es, describe under E.L DISEASE - POLICY LIMIT $ 1,000,000 S ECIAL PROVISIONS below OTHER A BUILDERS RISK BR46561537 01/23/2003 01/2312004 $272,960 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS LISTED AS ADDITIONAL INSURED Project: Sunshine Park Restroom Replacement CERTIFICATE HOLDER CITY OF WINTER SPRINGS 1126 EAST STATE RD 434 FAX.1.407.327.7180 WINTER SPRINGS, FL 32708 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ..l.L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~ ACORD 25 (2001108) @ACORD CORPORATION 1988 . : ;~) I~--""'. ~ r-j CENTERPoiNTE CiRclE, SUiTE 1 701 AhAMONTE SpRiNGS, Fl ~2701 407" 7 86" 7770 FAX 407,,786,,7766 FlORidA SURElY BONds, I NC. ~- .~.. ,~' 888"786,,BOND (266}) FAX 888.-718"BOND (266~) WWW.FlORidASUREIyBONds.COM July 18, 2003 City of Winter Springs, Florida 1126 East State Road 434 Winter Springs, Florida 32708 Re: Authority to Date Bonds and Powers of Attorney Principal: Tim Williams Builders Bond No.: 37635 Project: Sunshine Park Replacement Restroom/Storage Building, Parking Improvements, at City of Winter Springs, City Hall, 1126 East SR 434, Winter Springs, FL 32708 Dear Sir or Madam: Please be advised that as Surety on the above referenced bond, executed on your behalf for this project, we hereby authorize you to date the bonds and the powers of attorney concurrent with the date of the contract agreement. Once dated, please fax a copy of the bonds to our office. Sincerely, Nova Casualty Company ~.(~ Patricia L. Slaughter A ttorney-in-F act and Florida Licensed Resident Agent Public Work F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS FOR TIME, NOTICE AND OTHER LIMITATIONS OF SECTION 255.05 OR SECTION 713.23, FLORIDA STATUTES, WHICHEVER IS APPLICABLE, ARE INCORPORATED HEREIN BY REFERENCE. ,r'- '\ , , , -' ..... ~ )~uted in 4 Counterparts BOND NO.: 37635 CONTRACTOR NAME: Tim Williams Builders CONTRACTOR ADDRESS: 3975 Glassman Road St. Cloud, Florida 34772 CONTRACTOR PHONE NO.: (407) 892-2219 SURETY COMPANY: Nova Casualty Company 180 Oak Street Buffalo, New York 14203-1610 (716) 856-3722 City of Winter Springs, Florida OWNER NAME: OWNER ADDRESS: 1126 East State Road 434 Winter Springs, Florida 32708 OWNER PHONE NO.: (407) 327-5989 OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: $146,500.00/$146,500.00 CONTRACT NO.: (If applicable) Sunshine Park Replacement Restroom/Storage Building, Parking DESCRIPTION OF WORK: Improvements PROJECT LOCA nON: Sunshine Park, at City Hall, 1126 East SR 434, Winter Sprin2s, FL 32708 LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. THE ATTACHED COVER pr~-:;) AND TERRORISM RIDER FORM AND BECO'-'<;: A PART OF THIS BOND. , I } Bond No. 37635 Executed in 4 Counterparts City of Winter Springs Sunshine Park - Senior Center Grant Parks and Recreation sri # 02017 SECTION 00605 PERFORMANCE BOND KNOW ALL MEN BY TIlESE PRESENTS: that Tim Williams Builders (Name of CONTRACTOR) 3975 Glassman Road, St. Cloud. FL 34772 (Address of CONTRACTOR) an hereinafter caned Individual (Corporation, Partnership or Individual) Principal, and Nova Casualty Company (Name of Surety) 180 Oak Street, Buffalo, NY 14203-1610 (Address of Surety) hereinafter called Surety, are held and finnly bound unto the City of Winter Springs, hereinafter called OWNER, in the full and just Swn ofDoUars, ($ --146,500.00---. ) in lawful money of the United States, for the payment of which sum wen and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The swn shall not be less than one hundred ten percent (110%) of the Contract Price. .One Hundred Forty-Six Thousand Five Hundred and 00/100 Dollars THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the OWNER, dah:d the day , , a copy of which is hereto attached and made a p..:.!1 hereof for the CODStlUction of Winter Springs Streetscapes. This bond is being entered into to satisfy the requirements of Section 255.05(1), Florida Statutes and the Agreement referenced above. as the same may be amended. The Surety Bond shall be bound by any and all alternative dispute, resolution awards and settlements to the same extent as CONTRACTOR is bound. PERFORMANCE BOND 00605 - 1 } City of Winter Springs Sunshine Park - Senior Center Grant NOW, THEREFORE, the condition of this obligation is such that ifPrincipa1: Parks and Recreation sri # 02017 1. Promptly and faithfully perfonns its duties, all the covenants, tenns, conditions, and agreements of said AgreemeAt including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement, and 2. Pays OWNER all losses, damages, delay damages Oiquidated or actual), expenses, costs and attorneys' fees, including costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Agreement, and 3. Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and holds hannless the OWNER from all costs and damages which it may suffer by reason or failure to do so, then this bond is void; otherwise it shall remain in full force and effect. 4. This Bonds shall remain in effect for at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. The coverage of this Performance Bond is co-equal with each and every obligation of the Principal under the above referenced Agreement and the Contract Documents of which the Agreement is a part. In the event that the Principal shall fail to perform any of the terms, covenants and conditions of the Agreement and the Contract Documents of which the Agreement is a part during the period in which this Performance Bond is in effect, the Surety shall remain liable to the OWNER for all such Joss or damage. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold the OWNER hannless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resultina directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Performance Bond. The Surety Bond stipulates and agrees that its obligation is to perform the Principal's work under the Agreement under the Bond. The following shall not be considered performance under the Bond: (i) Swrety's financing of the Principal to keep Principal from defaulting under the Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (Hi) Surety's election to do nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the Surety. The Surety Bond agrees that its obligation under the bond is to: (i) take over performance of the P~ncipal's Work PERFORMANCE BOND 00605 - 2 .r-' '-- ) .-" ...., , ) City of Winler Springs Parks and Reaeatlon Sunshine Park - Senior Center Grant sri # 02017 and be the completing Surety even ifperfonnance of the Principal's Work exceeds the Principal's Contract Price or (ii) re-bid and re-Iet the Principal's Work to a completing contractor with Surety remaining liable for the completing contractor's perfo;mance of the Principal's Work and furnishing adequate funds to complete the Work. The Surety Bond acknowledges that its cost of completion upon default by the Principal may exceed the Contract Price. In any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by OWNER. The Surety Bond, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i) amendments or modificatims to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge ofPrincipaJ from its obligations under the Agreement as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. Any changes in or under the Agreement and Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to the Agreement and Contract Documents. The Labor and Materials Payment Bond and the Performance Bond and the covered amounts of each are separate and distinct from each other. This Bond is intended 10 comply with the requirements of Section 255.05(1), Florida Statutes, as amended, and additionally, to provide common law rights more expansive than as required by statute. The Surety agrees that this Bond shall be construed as a common law bond. IN WITNESS WHEREOF, this instrument is executed this the ~daY of~, ;1-6D'J . / A TIEST: A ~~~~ (Princip~l) Secretary . Tim Williams Builders Principal (Contractor) ::\ PERFORMANCE BOND 00605 - 3 ) City of Winter Springs Sunshine Park - Senior Center Grant ~ (/,/!JI9P1} Typed Name (CORPORA TE SEAL) ~~7 ~,J JI1a;.,-j- Typed Name No. A~ By . (Surety) Secretary Surety Susan L. Reich Typed Name No. (CORPORATE SEAL) ~~ Witness as to Surety Deborah Mahl Typed Name PERFORMANCE BOND ) Parks and Recreation sri # 02017 JAso~ ~l!;I:~'I- Typed Name and Title 3975 Glassman Road Address St. Cloud. FL 34772 City, State, Zip (Witness to Principal) (407) 892-2219 (407) 892-9920 Telephone No. Facsimile Nova Casualty Company (716) 856-3722 (716) 852-5590 Telephone No. Facsimile By~... ~ ~ :~.'J ~. h"J~~ Attorney-in-Fact & Florida Licensed Resident Agent Patricia L. Slaughter Typed Name 00605 . 4 "--",, ~. ) ~" I City of Winter Springs Sunshine Park - Senior Center Grant Parka and Recreation sri # 02017 ~fJ1UOM.) .A. ~ Wi ess as to Surety 417 CenterPointe Circle. Ste 1701 Address Theresa A. Marko Typed Name Inquiries: (407) 786-7770 Telephone No. Altamonte Sorinas. FL 32701 City, State, Zip (407) 786-7766 Facsimile No. NOTE: Date of the Bond must not be prior to date of AgreemenL If CONTRACI'OR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is partnership, all partners shall execute the Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. A ITACH a certified Power-of-Attomey appointing individual Attorney-in-Fact for execution ofPerCormance Bond on behalf of Surety. END OF SECTION PERFORMANCE BOND 00605 - 5 ,.,-......, . ) J -' NOTICE OF SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which NOVA Casualty Company is Surety. NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by NOVA Casualty Company DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "Acts of Terrorism" as defined in Section 1 02( 1) of the Act is Zero Dollars ($0). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERORISM LOSSES The United States will reimburse the issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. . .,...,\ , ) \ ll. Jcuted in 4 Counterparts Public Work F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS FOR TIME. NOTICE AND OTHER LIMITATIONS OF SECTION 255.05 OR SECTION 713.23. FLORIDA STATUTES, WHICHEVER IS APPLICABLE. ARE INCORPORATED HEREIN BY REFERENCE. BOND NO.: 37635 CONTRACTOR NAME: Tim Williams Builders CONTRACTOR ADDRESS: 3975 Glassman Road St. Cloud, Florida 34772 CONTRACTOR PHONE NO.: (407) 892-2219 SURETY COMPANY: Nova Casualty Company 180 Oak Street Buffalo, New York 14203-1610 (716) 856-3722 City of Winter Springs, Florida OWNER NAME: OWNER ADDRESS: 1126 East State Road 434 Winter Springs, Florida 32708 OWNER PHONE NO.: (407) 327-5989 OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: $146,500.00/$146,500.00 CONTRACT NO.: (If applicable) DESCRIPTION OF WORK: Sunshine Park Replacement Restroom/Storage Building, Parking Improvements PROJECT LOCATION: Sunshine Park, at City Hall, 1126 East SR 434, Winter Sprin2s, FL 32708 LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. THE ATTACHED COVEfC')GE AND TERRORISM RIDER FORM AND BEC~ Bond No. 37635 Executed in 4 Counterparts ,c A PART OF THIS BOND. City of Winter Springs Sunshine Park - Senior Center Grant Parks and Recreation sri _ 02017 SECTION 00610 - LABOR AND MATERIALS PAYMENT BOND KNOW ALL MEN BY TIlESE PRESENTS: diat a Tim Williams Builders (Name of CONTRACfOR) 3975 Glassman Road, St. Cloud, FL 34772 (Address of CONTRACTOR) Individual hereinafter after called (Corporation, Partnership or Individual) Nova Casualty Company (Name of Surety) 180 Oak Street, Buffalo, NY 14203-1610 (Address of Surety) Principal, and hereinafter called Surety, are held and firmly bound unto the City of Winter Springs. hereinafter called OWNER. in tbe fuU and just Sum of One Hundred Forty-Six Thousand Five Hundred and 00/100 DOLLARS, ($-146,500.00- ) in lawful money oflbe United States, for the: payment of which SIUD well and truly to be made, we bind ourselves, successors, and assigns.. jointly and severally, firmly by these: pn:scnts. The swn shall not be less than one h11llGrcd ten percent (lloeA>>) ofthc CootractPricc. TIlE CONDmON OF THIS OBLIGATION is such that whereas, the Principal CI1ten:d into a certain AgreemCl1t with the OWNER, dated the _day of . and made a part hcreofthe construction of the Winter Springs Strc:etscapcs. The Surety Bond shall be bound by any and all alternative dispute resolution awards and settlements to the same exteni as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such tbat if Principal shall promptly malc,~ payments to aJI claimants as defined in Section 255.05( I), Florida Statutes, suppl)'iDg Princ~pal with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Agreement, then this obligation shall be void; otherwise. it shall remain in full force and effect S1Ibjoct, however, to the following conditions: This Bond is furnished for tbe purpose of complying with the requirements of Section 255.05, Florida Statutes. as the same may be amended. 1berefore, a claimant. except a laborer, who is not in privity with the CONTRACTOR and who bas not received payment for his labor, Materials or supplies shaJJ, within forty-five (45) days after beginning to furnish labor. Materials or supplies for the prosecution of the Work. furnish the CONTRACTOR with a notice that he intends to look to the Bond for protection. A claimant who is Dot in privity with the CONTRACTOR and who bas not received payment for his labor, Materials or supplies shall within ninety (90) days after performance of the labor or completion of delivery of the Materials or supplies, or, with respect to rental equipment, within 90 days after the: date that the rental equipment was last on the job site available for use, deliver to the LABOR AND MATERIALS PAYMENT BONO 00610. 1 ,~ > J - '\ ) City of Winter Springs Parks and Recreation Sunshine Park - Senior Center Grant sri # 02017 CONTRACTOR and to the Surety written notice of the performance of the labor or delivery of the Materials or supplies and of the noupaymenl No action for the labor, Materials or supplies may be instituted against the CONTRACfOR or the Surety on the bond after one (l) year from the performance of the labor or completion oftbe delivery of the Materials or supplies. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall remain in full force and effect notwithstaading (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's lcnowledge or consent, (ii) waivers of compliance with or any default under the A8J'ecment granted by OWNER to Principal without the Surety's knowledge or consent, or (Hi) the discharge of Principal from its obligations under the Agreement as a result of any proceedin& ilIitiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. Any changes in or under the Agreement or Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Sond and Surety hereby waives notice of any such changes. Further, Principal and Surety aeknowledge that the Sum of this Bond shall increase or decrease in accordance with the Change Orders (unilateral and bilateral) or other modifications to the Agreement or Contract Documents. The Perfonnance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. IN WITNESS WHEREOF, this instrumc:nt is executed this the -2l day of :Ji., It) . 20 6~ . I A lTEST: Tim Williams Builders (Principal) ~Si::~~'M' Typed Name and Title 3975 Glassman Road ~~<<~ (Principal) Secretary ~ tJ,'/ ;;'4,.,,/- Typed Name (CORPORATE SEAL) Address ~~ e-:.m, L -- St. Cloud. FL 34772 City, State, Zip Witness to Principal ~~i LABOR AND MA TERrAL PAYMENT BOND 00610 - 2 " - ..... ) , ) City of Winter Springs Sunshine Park - Senior Center Grant Typed Name Parks and Recreation sri;l# 02017 A1TEZ~4L B~ (Surety) Secretary. Susan L. Reich Typed Name Nova Casualty Company Surety (716) 856-3722 Telephone No. (716) 852-5590 Facsimile No. (CORPORATE SEAL) \.....11 /J 17 D~/4fLJL Witness as to Surety By d...~~.I_'" t' N"r~ Attorney-in-Fa & Florida Licensed Resident Agent Patricia L. Slaughter Typed Name Deborah Mahl Typed Name ~ilQVQI\II) -A,. . Nl^~ Witness as to Surety 417 CenterPointe Circle. Suite 1701 Address Theresa A. Marko Typed Name Altamonte Sprinqs. FL 32701 City, State, Zip Inquiries: (407) 786-7770 Telephone No. (407) 786-7766 Facsimile No. NOTE: Date of the Bood musl not be prior to date of Agrec:me.ot. If CONTRACTOR is a joint venture, aU venturers shall execute the Bond. If CONI'RACfOR is Partnership, all partners sbaI1 execute Bond. IMPORT ANf: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specificaJly approved in writing by OWNER.. A IT ACH a certified copy of Power-of-Attomey appointing individuaJ Attorney-in-Fact for execution of Payment Bond 00 behalf of Surety. END OF SECTION LABOR AND MATERIALS PAYMENT BOND 00610 - 3 , / " . l } ) NOTICE OF SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which NOVA Casualty Company is Surety. NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by NOVA Casualty Company DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "Acts of Terrorism" as defined in Section I 02( I) of the Act is Zero Dollars ($0). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERORISM LOSSES The United States will reimburse the issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. . . ~'.. ., ~" olo ~. ..". .. ,.: :..... . '.;'. ..:'; ,,','~J~' :.,~. "~::" ,:~X ~::~ ::::,:~::'::.j~/:}~ :r';:::"::~,,:~, ':'. .' .,.. . '. ;:........ '.' ;.':, .. ":;r,:Nitjii ':...:"> . ~...:, " . .... .,.:~~<.; :..' " ~,::'. ~.~; , ',;~{;~' ~.::}~ .. ~ .". '''~ NOVA CASUALTY COMPANY ...........'H....H.~" : ...iL:~.::i80 Oak Street "'BuffaI6;NewYork 14203-1691 (716) 856-3722 i/;:'i;,,;';i::~:,:':5:::;;"\;):;";;)~~(i:":N'~..::;.i~ POWE:B':()~':l~o~'Na~':: . '.' ';. .. ; i.., No.;: , ;:;;;~;:~~'~~;:~!~:..l~J;~~~r~~~2:: present;':::::;:t~~Nh;:'~6;~:~~~~:~iLty COMPA'~Y?~'bo.tP9r~f!()h:'.~.f:tb~':..<:~" State of New York, having its principal offices in the City of Buffalo, New York, does make, constitute and appoint ***JEFFREY W REICH, SUSAN L. REICH, TERESA L ROBINSON, PATRICIA L 0t~~i!~~lir~~i~~~~~~~t~~i~rii~l~ii~!;~i~~~g~1~~~~~t~~e~~i~~ ~~ ***NOT TO EXCEED $500,000*** This e()W~~:.Qtf\t!oIl}eY~9 graQt~!=t and is sig9~q,~n9. $~?le<:lJ?Y;f.?9~J(T.lile. under anqRYJlJe.gl!thqrity9Uh~JQl:;. ~~~n~~:~~:~ij;nttVf{nft:i::~:~~:;~~:I~~j'11[l~~~~::~"~~~~C:~:~~:}1t~:~' authonzatJon to appolnt'by a Power-of Attorney tor ttie'purposes only of executing and altestlng bonds and' undertakings. and other wnllngs obligatory In the nature.there:' of, one or more resident vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of this company: the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and V'" anyslJ!;h po:vver ofa~qrn~y qr<;ertificate bearing such fa.csir:n.ile. signil,tures qr filC(l.il)1i1~~!!al shall be valid a~q~.indinglJPorl the Company. anc;J. any such power so exe- ~i~~~c~'1:~lXtii~;~:;~~~i~~:~a;~ti:~:~::\:fi;~~;t~zfl:::~::: 'lihdersighed arid ifs'co'l'porate seal to befheretoaffixed'dtlly:a.ttested by its Seeretary;:'this21sfday:'ofOctober, 1993. Attest: . . .. ..... '.. .'. . .' ........ .. '.. .:":. ..:.:.,.;.,~. ;-. .~.:': ... '.; ..... ;... ~~~~~~, Harsha Acharya, Secretary .~ ~.' NOVA CASUALTY COMPANY """"'l ':"f"~ ...., .... ... ::. .. '. . >:"""",:'i;~::':::::;""'; .' ..~.: :;..~, ,;.~. .... ,,'~':~1AJ~~F()~\ii~~~:~;<} ," ,.; '.':, " ..:' ...~,., ,.~., ,.' .;.....,;,~ "."., .:~ ~(>' \'" ';::, . :. '> ". ;~,' ::..':: .; ,~>. .~. ; -< " '" ; ,. ;" . .; ',.Ortthe'21s(daY,.of October, 1993,.before~me,p~rs9na"y:came Norman F. I?rnst, to..me,'known'; who being by me :'duly swof.n':didideposeahd say: that he resides inthe'County of Erie, State of Nev,PYork;that hejsthePresident of NOVA CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of :;A::a::r:~~~~~~'i~~2~~n!~q~nd that ~~;~i~q1~t~!~fi~1.e,:.!.~t.f.......~e....'~:.:.,.r.",'..:.CP:.o.:.::.'..........,~w.:.x.:r.. 0 .rader,~.;.,;1...;}..~I~;~U:....;.jr.i.....j.:'.:...~~...:;.;,,;.'.:.... i;"":; ,; COUNTYOF.~~.\E.<':.:.n.:1'.::y..:::t.;i.t}:,;';:.. . fVtq'~ ~. .. ........w. Kathleen A. Courtney Notary Public, Erie Co., NY <;::: f:.~,,~.:..:::;,>..~r:.:;; .,,:;' ;::,;.;';:;:1\..,,. ;;<.:;.i,.<~ ~.. /..:;" ,;",\ . .', My 5r.rrW~i:~!r:Pi:~:P!:~~~' ~;f!>~~tJ.~~~ .<;j.:....:~;,::....~::J.,..~f~.~,.O~,9.~t.iig~~~:,;dL,y .e,ecte~....~q.~~f:'..~~i~~~:~:t~\:~~;~il;rw the incurif~e6i'.\~:.N~k~.';9g~944txr6oM PANY, a New YorkCorporatlon;authonzed to make this certificate; DO.HEREBY CERTIFY that the foregOIng attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signeq;.;~n~'1:~~le~,':~n~;'q.!,,~id~!~rr~I;O. Dated:!~~'::' :::i:\;<;:;;:,;,'~;:'i':>:;?~Y:?f:':'\;-:. . ...."H...'.' h.. .....:.... .{p;J70,..' "H:.. .... . ~,~.?, -~ .;. " '. . ...:':' ~ . .'~', .... Norman F. Ernst, President ':';';~ .:,':;.,,:.:..,: /:;:" " ..' . ,:~. .'. '-';.. .~ :-' . . .:::.....:.:.v..,. ~'. :.':' .' ....... ., ..' : ~ ~ . .~~C ~~/; Christopher C. Hoover, Treasurer This power is valid only if the power of attorney number printed in the upper right hand corner appears in red. Photocopies, carbon copies or other reproductions are not binding on the company. Inquiries concerning this power of attorney may be directed to the Bond Manager at the Home Office of the Nova Casualty Company.