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HomeMy WebLinkAbout2003 08 25 Consent A Fisher Road Roadway Improvements COMMISSION AGENDA ITEM A CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR August 25,2003 Meeting MGR /Jr' /DEPT ;7f/ Authorization REQUEST: Public Works Department Requesting Authorization to enter into a Contractual Agreement for construction of Fisher Road Roadway Improvements PURPOSE: The purpose of this Board item is to request authorization to enter into a contractual agreement with Southland Construction Inc. of Apopka, Florida for the construction of Fisher Road Roadway Improvements, The Fisher Road Roadway Improvement project provides for the scheduled upgrading Fisher Road at a cost of $648,004.00 plus a 10% contingency. CONSIDERA TIONS: This project is needed to provide for the scheduled upgrading of Fisher Road Paving and Drainage, including Traffic Calming, Bids for this project were opened on August 6, 2003 under Bid # ITB-O l8-03/KL, The City Clerks summary is attached. The low bidder was Southland Construction, Inc. of Apopka, Florida, with a bid of $648,004.00. The engineer's estimate of construction cost was $750,000,00. The project scope of work includes all labor, equipment, and materials for the construction of the Fisher Road Roadway Improvement Project. The Capital Projects Coordinator's recommendation is attached with the engineer's recommendation and the agreement form. CPH Engineers, Inc, has also reviewed and recommended August 25, 2003 Consent Agenda Item A Page 2 FUNDING: The proposed contract amount of $648,004,00 is slightly lower than the $725,000.00 Budgeted for this project in the Transportation Impact Fee Fund. The funds will be spent over the next l80 days. RECOMMENDATION: It is recommended that authorization be granted to enter into a contractual Agreement with SoutWand Construction, Inc, for the construction of the Fisher Road Roadway Improvement Project at a cost of $648,004.00 plus a 10% contingency which is payable from the Transportation Impact Fee fund (l40- 65000-30008). IMPLEMENTATION SCHEDULE: The scope of work will be completed within 180 days of issuance of the Notice To Proceed. ATTACHMENTS: l, City Clerk Summary - Bid #ITB-O l8-03/KL 2. Capital Project Coordinator recommendation 3. Agreement Form COMMISSION ACTION: Attachment No, 1 BID NUMBER: ITB-018-03/KL FISHER ROAD ROADWAY IMPROVEMENTS BID CLOSING: AUGUST 6, 2003 Bid Closing Was Called By: Nancy Vobornik, Purchasing Coordinator Bid Opened: Bid Closed: 3:00 p.rn, 3 :06 p.rn, Witnesses: Kipton Lockcuff, Public WorkslUtility Department, Director Alan Hill, Superintendent, Public Works Department Holly Pierstorff, Assistant to the City Clerk Five (5) Bids Received: 1. PRIME CONSTRUCTION GROUP, INC. AGENT: REYNOLDS C, HOLIMAN, VICE PRESIDENT ADDRESS: 1000 JETSTREAM DRIVE, ORLANDO, FLORIDA 32824 TELEPHONE: (407) 856-8180 FACSIMILIE: (407) 856-8182 BID AMOUNT: $836,025.00 2. WOLF CREEK LAND DEVELOPMENT, 1Ne. AGENT: JEFFERY 1. CARPENTER, PRESIDENT ADDRESS: 1700TIl STREET, SUITE #1, ST. CLOUD, FLORIDA 34769 TELEPHONE: (407) 957-2000 FACSIMILIE: (407) 957-2292 BID AMOUNT: $852,914.41 3. MASCI CORPORATION AGENT: LEONEL MASCI, PRESIDENT ADDRESS: 5752 SOUTH RIDGEWOOD AVENUE, HARBOR OAKS, FLORIDA 32127 TELEPHONE: (386) 322-4500 FACSIMILE: (386) 322-4600 BID AMOUNT: $745,490,00 4. SOUTHLAND CONSTRUCTION, INC. AGENT: DANIEL L, CARR, PRESIDENT ADDRESS: 172 WEST FOURTH STREET, APOPKA, FLORIDA 32703 TELEPHONE: (407) 889-9844 FACSIMLE: (407) 886-4348 BID AMOUNT: $648,004.00 5. BERGERON LAND DEVELOPMENT, INe. AGENT: RONALD M. BERGERON, JR., VICE PRESIDENT ADDRESS: 2710 MICHIGAN AVENUE, KISSIMMEE, FLORIDA 34744 TELEPHONE: (407) 932-1610 FACSIMLE: (407) 932-0465 BID AMOUNT: $677,159.57 Holly Pierstorff, Assistant to the City Clerk City of Winter Springs Copy: Mr. Kip Lockcuff, Director, Public Works/Utility Department Ms. Nancy Vobornik, Purchasing Department Attachment NO.2 MEMORANDUM TO: Kip Lockcuff, P.E. Utilities Director FROM: George F. Edwards Capital Projects Coordinator RE: Preliminary Bid Analysis, Bid # ITB-018-03-/KL Fisher Road Roadwav Improvements DATE: August 12, 2003 On Wednesday, August 6, 2003, the City of Winter Springs received bids for the construction of Fisher Road Roadway Improvements, Copies of the bids were supplied to my office for review. EVALUATION OF RESPONSIVENESS The low bidder, Southland Construction, Inc, provided the appropriate bid forms, and bid bond, The bid may be considered responsive. EVALUATION OF RESPONSIBILITY The low bidder Southland Construction, Inc, did not provide insurance with its bid, nor the required documentation relative to its financial ability to execute the work and did not provide references, All of these documents are required for the evaluation of responsibility of the contractor and, while normally a part of the bid package, may be submitted after opening of the bids but before the award of the contract. It may be stated however that Southland Construction, Inc, has been awarded, and has successfully completed, former contracts with the City, The following is a summary of the bids received, All bids met the criteria for responsiveness. Prime Construction Group, Inc Wolf Creek Land Development, Inc. Masci Corporation Southland Construction, Inc, Bergeron Land Development, Inc. $836,025,00 $852,914.41 $745,490,00 $648,004,00 $677,159,57 FUNDING The bid of $648,004.00 is below the amount approved for this project in the Capital Improvements Transportation Impact Fee Fund. The budgeted amount was $725,000,00. RECOMMENDATION: It is recommended that the City notify Southland Construction, Inc, that it is the apparent low bidder on this contract and request that all necessary information to prove bidder responsibility be supplied, This must be done prior to the award of the contract. IMPLEMENTATION SCHEDULE The scope of work will be completed within 180 calendar days of the Notice to Proceed, Attachment No, 3 AGREEMENT FORM THIS AGREEMENT MADE THIS DAY OF 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 SOUTHLAND CONSTRUCTION. INC., 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 Fisher Road Roadwav 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 as 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 180 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 proving 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 of Ten ($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 Six Hundred Forty Eight Thousand Four Dollars and zero Cents ($648,004,00), 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 or 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 filed on the job; or (F) In the opinion of the City of Winter Springs, Contractor's 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 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 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 ARCHITECT 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 Kipton Lockcuff or his authorized representative 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 Proaress 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 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. Reiection and StoppaQe 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, Payment Certificates. 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. RESPONSIBILITIES 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 Employment. 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, FurnishinQ of Labor. Materials. etc. CONTRACTOR shall provide and pay for 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, Payment 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 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 this Contract. Signed, Sealed and Delivered in the presence of: Contractor: Daniel L. Carr, President SOUTHLAND CONSTRUCTION, INC, 172 West Fourth St. Apopka, FL 32703 (407)889-9844 Date OWNER: CITY OF WINTER SPRINGS By: Ronald W, McLemore City Manager 1126 East State Road 434 Winter Springs, FL 32708 407-327-1800 .. I. I. , AGREEMENT FORM THIS AGREEMENT MADE THIS ~ 9-1:. DAY OFSpt~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 SOUTHLAND CONSTRUCTION. INC., 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 Fisher Road Roadwav 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 as 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 180 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 proving 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 of Ten ($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 Six Hundred Forty Eight Thousand Four Dollars and zero Cents ($648.004.00). 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 PAYMENT~ - OWNER shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the City or 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 filed on the job; or (F) In the opinion of the City of Winter Springs, Contractor's 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 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 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 ARCHITECT 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 Kipton Lockcuff or his authorized representative 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 Proaress 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 therein, or for the CONTRACTOR's failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for InsDections. 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. Rejection and Stoppaae 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 portton thereof, when necessary. f. Payment Certificates. 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. RESPONSIBiliTIES 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 Employment. 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. Furnishina of labor, Materials, etc. CONTRACTOR shall provide and pay for 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. Payment 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. MEDIA nONNENUE - 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 this Contract. ~igned, Sealed and Delivered ~Ce-01: // /~d~~ /o{~C~ Danie L. Carr, President SOUTHLAND CONSTRUCTION, INC. 172 West Fourth St. Apopka, FL 32703 (407)889-9844 Date OWNER: ~~\>~ ifU; CITY OF WINTER SPRINGS ~!~ B. nald W. Mcl.emore City Manager 1126 East State Road 434 Winter Springs, FL 32708 407-327-1800 SECTION 00620 INSURANCE ENDORSEMENT FORM Name of Project: FISHER ROAD ROADWAY IMPROVEMENTS Owner: Engineer: City of Winter Sorinas 1126 East S.R. 434 Winter Sorinas. Florida 32708 CPH Enaineers. Inc. 1117 E. Robinson Street Orlando. Florida 32801 TH IS IS TO CERTI FY that the numbered policies identified by the attached Certificates of Insurance have been issued by the below-stated company in conformance with the limits and requirements as set forth in the General Conditions and Supplementary Conditions. The insurance company will give at least thirty (30) days' written notice by registered mail to the OWner and the Engineer prior to any material change .or cancellation of said policy or policies. '. ATTACH CERTIFICA TES OF INSURANCE AND INDICA TE TYPE OF INSURANCE, POLICY NUMBER, EFFECTIVE DA TE, EXPIRA TlON DA TE, AND LIMITS OF INSURANCE. THE CERTIFICA TES OF INSURANCE ARE TO INDICA TE THE NAMED INSURED, AND ARE TO IDENTIFY THE OWNER, ENGINEER AND OTHER PARTIES IDENTIFIED IN rHE SUPPLEMENTARY CONDITIONS AS ADDITIONAL NAMED INSURED. THE OWNER AND ENGINEER ARE TO BE NAMED AS CERTlFICA TE HOLDERS. ENDORSEMENT The Owner, the Owner's Representative, the Engineer, Architect, and their consultants, and each of their officers, agents, and employees are included as additionally named insured under said policies . but only while acting in their capacity as such and only as respects operations of the originally named insured, its subcontractors, agents, and employees in the performance of the above-referenced contract; provided, however, that if the loss or damage is ultimately determined to be the proXimate result of the sole negligence of one or more ofthe aforesaid additionally named insured, this insurance shall not apply. This endorsement shall not operate t~ increase the insurance company's total limit of iiability hereunder. The insurance company hereby waives its rights of subrogation against the additionally named insured. Southland Construction, Inc. Named Insured Travelers Property and Casualty Group Insurance Company P.O. Box 3555 Street & Nu Orlando Florida State 32802-3555 Zip END OF SECTION 00620-1 --- ---'--"--'.'-"~":'.':"",'",:",~or"~"."."'!I:-' ,." ';;"'~~~:':''''''- '~~~w"'~"'9<<>,F" ACORlt CERTIFICATE OF ~IABI.LITY INSURANCE PRODU ER (407)876-4447 FAX (407)876-7747 Windermere Insurance Agency P.O. Box 1040 Windermere, Fl 34786 INSURERS AFFORDING COVERAGE NAIC# INSURED Sout an Constructlon, Inc. and Southland Construction & Equipment Co Inc and Daniel l. Carr P.O. Box 2389 Apopka, Fl. 32704-2389 COVERAGES INSURER A: Travel ers Property & Casual ty Gr up INSURERB: American Guarantee (Zurich Group INSURER C: FCCI Mutual Insurance COft1)any INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN 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. LTR NSRi TYPE OF INSURANCE POLICY NUMBER 1'8l"+~~MMlDDNYf DATE IMMlDDrVYl' LIMITS GENERAL LIABILITY DTC0971X3182 01/01/2003 01/01/2004 EACH OCCURRENCE $ 1,000,00~ T COMMERCIAL GENERAL LIABILITY I ~RE~lSES Ea """"rence\ $ 300,00~ I CLAIMS MADE m OCCUR MED EXP (Anyone person) $ 5,OO~ A PERSONAL & ADV INJURY $ 1,000,00~ - 2,000,000 GENERAL AGGREGATE $ - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS.COM~OPAGG $ 2,000,00~ "I .mPRO. n POLICY X JECT LOC AUTOMOBILE LIABILITY DT810971X3182 01/01/2003 01/01/2004 COMBINED SINGLE LIMIT ....,..,... (Ea accident) $ 1,000,00~ X ANY AUTO - ALL OWNED AUTOS BODILY INJURY f-- (Per person) $ SCHEDULED AUTOS A T HIRED AUTOS BODILY INJURY rx (Per accident) $ NON-OWNED AUTOS f-- - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ =i ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSlUMBRELLA LIABILITY AUC930208101 01/01/2003 01/01/2004 EACH OCCURRENCE $ 10,000,00~ ~ OCCUR o CLAIMS MADE AGGREGATE $ 10,000,OO~ B [Pro/Co Ops Agg $ 10,000,00~ ~ DEDUCTIBLE $ X RETENTION $ ~ $ WORKERS COMPENSATION AND 47637 01/01/2003 01/01/2004 X I TORY LIMITS I IOl~. EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 500,00C C ANY PROPRIETORlPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEI $ 500,00C II ~es, describe under E.L. DISEASE. POLICY LIMIT S 500 , oac S ECIAL PROVISIONS below OTHER QT660273D0686TIl02 01/01/2003 01/01/2004 Rented Equipment limit A lfquipment $475,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS rhe Owner, the Owners Representative, the Engineer, Architect adn their consultants, and each pf their officers, agents, and employees are included as additional insureds. CPH Engineers, Inc. 1117 E. Robinson Street Orlando, Fl 32801 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABI OF ANY KIND UPON THE INSURER, ITS A R REPRES AUTHORIZED REPRESENTATIVE CERTIFICATE HOLDER ACORD 25 (2001108) -'-"'-":---""T""-''0'f''''7P.7':!".~~'''''7'''---y-'''['l''l ''!"~V'Ji!'l.8Ul.f~- \'I IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ",,:,~":,,_.,. , . AGREEMENT FORM THIS AGREEMENT MADE THIS DAY OF 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 SOUTHLAND CONSTRUCTION. INC., 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 Fisher Road Roadwav 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 as 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 180 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 proving 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 of Ten ($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 Six Hundred Forty Eight Thousand Four Dollars and zero Cents ($648.004.00). 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 PAYMENT~ - OWNER shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the City or 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) . (D) (E) (F) Contractor does not make prompts and proper payments for labor, materials, or equipment furnished him; Another Contractor is damaged by an act for which Contractor is responsible; Claims or liens are filed on the job; or In the opinion of the City of Winter Springs, Contractor's 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 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 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 ARCHITECT 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 Kipton lockcuff or his authorized representative 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. Insoections. Opinions. and Progress 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 therein, or for the CONTRACTOR's failure to perform the work in accordance with the Contract Documents. c. . Access to Worksite for Insoections. 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. , . I , d. . e. f. 9. a. b. . c. d. . 12. 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. Rejection and Stoppaae 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. Payment Certificates. 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. RESPONSIBIUTIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: 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. Discipline and Employment. 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. Furnishina of Labor. Materials. etc. CONTRACTOR shall provide and pay for 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. Payment 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. 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. 10. 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. 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 this Contract. (, . r . Signed, Sealed and Delivered ~.pres ( ~~~, CONTRACTOR: Jdp2!~ SOUTHLAND CONSTRUCTION, INC. 172 West Fourth St. Apopka, FL 32703 (407)889-9844 Date OWNER: CITY OF WINTER SPRINGS ~h?~l · /ILIf 1126 East State Road 434 Winter Springs, FL 32708 407-327-1800 .