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HomeMy WebLinkAboutPrice Construction Agreement -2004 02 03 ". ""'- ./' '\ SECTION 00600 ~\aREEMENT FORM '" , l THIS AGREEMENT made this 3~ day of'f?4 _ r vf-. between the CITY OF WINTER SPRINOS of 1126 East State Road 434, Winter Springs, Florida 32708, Seminole County, State of Florida, herein referred to as OWNER andp(l(C6 a~ mo'-'.~ , 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 perfonn the work, In accordance with the Contract Documents for the construction of the Moss Park Buffer Brick Wall. 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 Fonn and Index to DraWings; all Addenda Issued prior to and all Change Orders Issued after execution of this Agreement. These fonn the Contract and are IncOrporated into this Contract by this reference. . a. ,CONTRACT TIME. The CONTRACTOR shall begin workwithili 1! days after the Issuance of a wrlttent Notice to Proceed and shall complete the work within 60 calendar days from the date of the Notice to_ Procee<1i ' Extensions, If any, are authorized by OWNER, and may only be granted In writing. i 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 t/me. Accordingly, Instead "of requiring a!lY such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a " '. penalty) CONTRACTOR shall pay OWNER $200.00 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 conslderat/on 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 e~o~nce of the ~, subject to ad itlons and deductions by Change Order, the Total Contract Price ofr/j ()(~ 0 {;)Nt --Bollars ~ ~. . Payments will be made to the CONTRACTOR for actual qu nt/ties 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) Contractor does not make prompt and proper payments to subcontractors; (8) Contractor does not make prompts and proper payments for labor, materials, or equipment furnished him; (C) Another Contractor is damaged by an act for which Contractor is responsible; (E) Claims or liens are flied on the job; or (E) Work is found defective and not remedied. (F) In the opinion of the City of Winter SpringS}Contractor's work Is not progressing satisfactorily. 14, ~. l (A) (B) (C) (D) ....... 7. FiNAL PAYMENT - OWNER S~II withhold up to 10% of the Contract ~ricethroUghout 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 r;md 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 IncludlAg but not limited to those relating to: Faulty work appearing after substantial completion has been granted; Work that does not comply with the Contract Documents: Outstanding claims of liens; or Failure of Contractor to comply with any special guarantees required by the Contract Documents. I CONTRACTOR, by accepting final payment, waives all claims except those which he has previously I made in writing, and which remain unsettled at the time of acceptance of payment pursuant to this contract. 8. DESIGNATION OF PROJECT DIRECTOR OR ARCHITECT OR ENGINEER: DUTIES AND AUTHORITY - The duties and authority of the City are as follows: General Administration of Contract. The primary function of the City Is to provide the general administration of the contract. In perfonnance of these duties George F. Edwards 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 tenn 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. a. 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 OWNERwiU 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 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 .......15 ":"- ...... ! .; observations, and will Issue ~~C8tes for progress payments and f1n~1 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. Resoonslbllltv for SUDelVlslon 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. DlsclDllne and EmDlovment. . 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 sufficlent sklll to perform the job for which he was employed. c. Furnlshlna 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 tt)e proper completion of work on the project in accordance with the Contract Documents. it /1 d. Payment of Taxes: Procurement of Licenses and Pennlts. CONTRACTOR shall secure all j . licenses and permits necessary for proper completion of the work, paying the fees therefor. 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. BONO - 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 .actlon filed hereunder shall be filed In the Circuit 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. '16 "', "'11oo\0, l Slgneo,. Sealed and Dellveted , In the presence of: ?/~~ ,~~ (. ) 1717 \ , END OF SECfION ~ CONTRACTOR:Yr-,'c.e.. Co{)S+ru~D1,~c. ~~ +>hlCe- Nam \>0 &1 ~01M2 Address and Telephone OvL:r:J . 3~~9 401. 351-ilf1LP Date: I - z..~ - t>Lf OWNER: CITY OF WINTER SPRINGS 1ff/!A.tR4 tJ. ;1.-1 L /-? By: Ronald W. Mclemore City Manager Winter Springs, FL. 3~708 407-327-1800 17 s ACORDM CERTIFICA ~ OF LIABILITY INSURA E 02/04/2004 PRODUCER McLean Insurance Group, Inc. 3107 Edgewater Drive, Unit 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orlando FL 32804- INSURERS AFFORDING COVERAGE INSURED INSURER A: SCOttSdale Insurance Com an Price Construction, Inc. wsuRERBPro ressive Insurance Com an INSURER c F C B I FUND P. O. BOX 590062 INSURER D: Penn America Insurance Com an Orlando FL 32859-0062 INSURER E: Mount Vernon Fire Insurance Com an 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 PGLICIE5 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS A GENERAL LIABILITY CLS0852766 04/05/2003 04/05/2004 EACH OCCURRENCE $ 500,000 }{ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 100 , 000 CLAIMS MADE ~ OCCUR / / / / MED EXP (Any one person) $ 5 , 000 PERSONAL 8 ADV INJURY $ 500 , 000 / / / / GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 1 , 000 , 000 POLICY JECOT LOC / / / / B AU TOMOBILE LIABILITY CA 02079094-0 04/05/2003 04/05/2004 ANY AUTO COMBINED SINGLE LIMIT (Ea accident) g 1 , 000 , 000 ALL OWNED AUTOS / / / / }{ SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS / / / / NON-OWNED AUTOS BODILY INJURY (Per accident) $ / / / / PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO / / / / OTHER THAN EA ACC $ AUTO ONLY: AGG $ E EXCESS LIABILITY BUM 100903-593350096 10/09/2003 04/05/2004 EACH OCCURRENCE $ 1,000,000 X OCCUR ~ CLAIMS MADE AGGREGATE $ 1 , 000 , 000 $ DEDUCTIBLE / / / / _ $ X RETENTION $10,000 ~ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WCV 593350098 04/01/2003 04/01/2004 }~ TORY LIMITS OER E.L. EACH ACCIDENT $ 100, 000 / / / / E.L. DISEASE - EA EMPLOYEE $ 500 , 000 E.L. DISEASE-POLICY LIMIT $ 100,000 D OTHER Inland Marine PAC6290027 04/05/2003 04/05/2004 Limit $15,300 Dedtu 500 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PRO~IIS~bN~ ~' " :. _ FE B Z ~ Luu~ CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION''.''""`` ;'r,ly„ Capital Pro eels Coordinator ,~ SHOULD ANY OF THE ABOVE DISCI tBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT CITY OF WINTER SPRINGS FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 1126 E. ST. RD 434 AUTHORIZE REP ATI~VE ~~ WINTER SPRINGS FL 32708- AGUKU Z5-S (7/97) ~~„- INS025S (ssto> of ELECTRONIC LASER FORMS, INC - (800)327-0545 ©ACORD CORPORATION 1988 Page 1 of 2