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HomeMy WebLinkAboutKen-Lin Landscaping Oak Forest Entry Median - 2003 05 30 ". CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Utility I Public Works Telephone (407) 327-1800 Fax (407) 327-6695 Department AGREEMENT FORM THIS AGREEMENT MADE THIS 30th DAY OF May, 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 Ken-Lin Landscaping & Maintenance Service, 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 perfonn the work, in accordance with the Contract Documents, at City Hall on 1126 East State Road 434, Winter Springs, FL. 32708 for Oak Forest Entry Median. 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 forn~ the Contract and are incorporated into this Contract by tItis 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. LIQUIDA TED DAMAGES - OWNER and CONTRACTOR recognize that time is of the essence of tItis Agreement and that OWNER will. suffer financial loss ifthe Work is not substantially complete within tile time specified in Paragraph 3 above, plus any extensions tIlereof 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 tIlis provision. 5. CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER will pay tile CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Twenty four thousand five hundred twenty and twenty five cents Dollars ($24,520.25). Payments will be made to th~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 tile 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 tile City or tIleir authorized representative, by CONTRACTOR as the work progresses, and in accordance' with the Contract Documents. 00520-1 . 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 ihe 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 anlOunt 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 LANDSCAPE_ARCHITECT: 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 Olese duties Kipton Lockcuff, P.E. 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 ternl of Olis contract. b. Inspections. 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 Inspections. The OWNER shall be given free access to Ole worksite at all times during work preparation and progress. The Project Director is not obligated 00520-2 . . to make exhaustive .or continuous on site inspections to perfonn 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. lnteroretation 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. 9. RESPONSmILITIES 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 Emplovrnent. 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 perfonn the job for which he was employed. c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, including tools, construction equipment and machinery, utilities, including water, tninsportation, 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 Pennits. CONTRACTOR shall secure all licenses and p.ermits necessary for proper completion of the work, paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Docwnents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. CONTRACTOR will provi4e 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 perfonnance of this Agreement, both parties will participate in mediation. The parties agree to equally share the cost of the. .mediator. " Should the parties fail to resolve theirdilIerences through mediation, then any cause of action filed herewlder shall be filed in the Circuit or County Court for Seminole County, Florida. 12. NOTICES - Any notice or approval under tIus Contract shall be sent, postage prepaid, to the applicable party at tIle address shown on tliefirst page of this Contract. 00520-3 . .. ~~J2- Contractor: \<iN-LIIV L~~bS~PIW& \ m",-,fJ\'. ~f.~. ':;&.NC _ ~~ / N e . . /IuV IllIIlV4- '1~" - 'HS,", 1<1 ~ '- '=\~ \ ~L~fAYA 'Mil, ~Vf~l)~1 f L 3~1bS- . . Address and Telephone Date i OWNER: . . CITY OF WrNTER SPRINGS ... ~ . /..~~~~ --"'_? ..'/ .y: RonaldW.'McLeiniJre City Manager 1126 East State Road 434 Winter Springs, FL 32708 00520-4