HomeMy WebLinkAbout2002 06 10 Consent B Street Resurfacing Contractual Agreement
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COMMISSION AGENDA
ITEM
B
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
June 10,2002
Meeting
MGR hEFT ;;1/
,
Authorization
REQUEST: Public Works Department Requesting Authorization to Enter into a
Contractual Agreement for Street Resurfacing
PURPOSE: The purpose of this Board item is to request authorization to enter into a
contractual agreement with AP AC-Florida, Inc. for street resurfacing at a
minimum cost of $135,753.65 plus a 5% contingency.
CONSIDERA TIONS:
This project is needed to resurface City streets to extend their useful life. Bids for
this resurfacing project were opened on May 29,2002 under Bid # ITB-015-02/AH. The
apparent low bidder was Orlando Paving at $150,732.20, then Middlesex Corporation at
$165,086, followed by APAC at $169,080.82, and finally Ranger Construction
$169,760.00. However, upon review of the bid calculation sheet submitted by APAC
their bid included milling to three (3) streets that were not required to be milled. When
the cost of milling was deducted from the unit price of resurfacing their bid was lowest
for the same scope as other bidders at $149,894.95.
The capital funds available for this project are $145,000.00. It is recommended
that the resurfacing of Third Street at a cost of $6,812.40 be removed and Brown Bear
Court and Bear Paw Court at a cost of $7,328.90 only be paved if the contingency funds
are available. The portion of Third Street that was to be paved does not have residences
directly fronting it and it would not suffer to be postponed to the next fiscal year. The
removal of these three streets will reduce the contract amount to $135,753.65
",
June 10,2002
Consent Agenda Item B
Page 2
The bid scope of work includes resurfacing, manhole adjustment rings, blue
hydrant reflectors on the following streets; Hayes Rd. (Silvercreek Dr to Sailfish Rd),
Gatehouse Drive, Dundee Drive, Buckie Drive, Blades Court, Fortrose Drive, Mami
Drive, Mark Run, Erica Way, Third Street, Forest Circle, Turkey Hollow Circle, Fox Den
Court, Northern Way (Winter Springs Blvd. to Tuscora Dr.), Dolphin Road (east of
Hayes Rd to Tides Rd), and Mt. Laurel Drive.
FUNDING:
The resurfacing was budgeted in the current fiscal year in the Transportation
Improvement Fund - Capital Improvement Resurfacing line code (56310) at an estimated
cost of $125,000.00. An additional $20,000 was budgeted for George Street which has
not been spent. The cost of the street resurfacing is $135,753.65 payable from the
Transportation Improvement Fund - Capital Improvements line code (4411-56310).
Funds would be expended over the next 90 days.
RECOMMENDA TION:
It is recommended authorization be given to enter into a contractual agreement
with APAC-Florida, Inc. for street resurfacing at a cost of $135,753.65 plus a 5%
contingency payable from the Capital Improvements line code (4411-56310) of the
Transportation Improvement Fund.
IMPLEMENTATION SCHEDULE:
The scope of work will be completed within 60 days of approval.
A TT ACHMENTS:
1. Agreement Form
2. City Clerk Bid #ITB-015-02/AH Tabulation
COMMISSION ACTION:
ATTACHMENT NO.1
AGREEMENT FORM
THIS AGREEMENT is made and entered into this day of June, 2002,
by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal
corporation, hereinafter referred to as "City", located at 1126 East State Road 434,
Winter Springs, FL 32708, and APAC - Florida. Inc. a Florida corporation hereinafter
referred to as "Contractor".
WITNESSETH:
WHEREAS, City wishes to provide asphalt resurfacing for various City streets,
and
WHEREAS, Contractor participated in the selection and negotiation process; and
WHEREAS, Contractor is willing to provide such asphalt resurfacing construction
services (Services) under the terms and conditions stated herein and in accordance
with the Contract Documents;
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties covenant and agree as
follows:
1.0 RECITALS
1.1 The foregoing recitals are deemed to be true and accurate and are fully
incorporated herein by reference.
2.0 TERM AND DEFINITIONS
TERMS
2.1 The Contractor shall complete the work within 60 days from the effective
date of the Notice to Proceed.
2.2 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 2.1 above, plus any extensions thereof allowed in
accordance with the General Conditions. They also recognize the delays, expenses,
and difficulties involved in proving in a legal arbitration proceeding the actual loss
suffered by Owner if the Work is not substantially completed on time. Accordingly,
instead of requiring any such proof, Owner and Contractor agree that, as liquidated
damages for delay (but not as a penalty) Contractor shall pay Owner $200.00 for each
day that expires after the time specifies in paragraph 2.1 for final completion of the work
is finally completed, and that Owner has paid to Contractor the sum of Ten ($10.00)
Dollars as consideration for this provision.
2.3 The Owner will pay the Contractor in current funds for the performance of
the work, subject to additions and deletions by Change Order, the total contract price of
One hundred thirty five thousand seven hundred fifty three dollars and sixty five cents
($135,753.65). Payments will be made to the Contractor for actual quantities installed
on the basis of the Schedule of Unit Prices included as part of its Bid, which shall be as
fully a part of the Contract as if attached or repeated herein.
DEFINITIONS
2.4 The following words and phrases used in this Agreement shall have the
following meaning ascribed to them unless the context clearly indicates otherwise:
a. "Agreement" or "Contract" shall be used interchangeably
and shall refer to this Agreement, as amended from time to
time, which shall constitute authorization for the Service
Provider to provide the landscaping services approved by
the City.
b. "Effective Date" shall be the date on which the last signatory
hereto shall execute this Agreement, and it shall be the date
on which this Agreement shall go into effect. The
Agreement shall not go into effect until said date.
c. "Contractor" shall mean APAC-Florida. Inc., a Florida
corporation, and its principals, officers, employees, and
agents.
d. "Public Record" shall have the meaning given in Section
119.011 (1), Florida Statutes.
e. "Work" or "Services" shall be used interchangeably and shall
include the performance of the work agreed to by the parties
in this Agreement.
f. "City Project Manager" shall mean the Public Works/Utilities Director
for the City, or his designee.
3.0 SCOPE OF SERVICES
3.1 Contractor shall provide construction services for the resurfacing of the
asphalt surfaces of various City streets, including the furnishing of all labor, equipment
and materials, and the performing of all operations necessary as described in the Bid
Form, Invitation for Sealed Bid, Bid Number ITB-015-02/AH.
4.0 CHANGES IN THE SCOPE OF WORK
4.1 City may make changes in the scope of work at any time by giving written
notice to Contractor. If such changes increase or decrease or eliminate any amount of
Work, City and Contractor negotiate any change in total cost or schedule modifications.
If the City and the Contractor approve any change, the Contract will be modified in
writing to reflect the changes. City and Service Provider's designated representative
shall authorize all change orders in writing.
4.2 All of City's amendments thereto shall be performed in strict accordance
with the terms of this Agreement insofar as they are applicable.
5.0 SCHEDULE
5.1 Contractor shall perform Services in conformance with the schedule
reasonably established by the City Project Manager. Contractor shall complete all of
said Services in a timely manner and will keep City apprized of the status of work as
reasonably requested by the City. Should Contractor fall behind on the established
schedule, it shall employ such resources so as to comply with the schedule.
5.2 No extension of time for completion of Services shall be granted to
Contractor without City's prior written consent.
6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES
OF CONTRACTOR
6.1 General Bid Services. The City shall pay Contractor for Services
actually performed based on the Bid Form and approved construction schedule. The
total amount paid to Contractor for the Services under this agreement shall not exceed
the amount of the bid plus any authorized Change Orders.
6.2 Additional Services. From time to time during the term of this
Agreement, City may request that Contractor perform additional Services not required
under the Bid Form, City agrees to pay Contractor a total amount equal to that mutually
agreed upon by the parties in writing and authorized by a properly execute Change
Order.
6.3 Payment. Upon receipt of a proper invoice from Contractor, the City
agrees to pay the Contractor the invoice amount providing said amount accurately
reflects the terms and conditions of this Agreement. Invoices may be submitted on a
monthly basis using the "Application for Payment" form (Section 00680) unless
otherwise agreed by the City. There shall be no other compensation paid to the
Contractor and its principals, employees, and independent professional associates and
consultants in the performance of Work under this Agreement. The City agrees to
make all payments due within thirty (30) days of receipt of a proper invoice delivered by
Contractor. The Contractor may only bill the City for actual work performed.
7.0 RIGHT TO INSPECTION
7.1 City or its affiliates shall at all times have the right to review or observe the
Services performed by Contractor.
7.2 No inspection, review, or observation shall relieve Contractor of its
responsibility under this Agreement.
8.0 AUDIT AND INSPECTIONS
8.1 All Contractor's records with respect to any matters covered by this
Agreement shall be made available to the City, at any time during normal business
hours, as often as the City deems necessary, to audit, examine, and make excerpts or
transcripts of all relevant data. Any deficiencies noted in audit reports must be fully
cleared by the Contractor within thirty (30) days after receipt by the Contractor. Failure
of the Contractor to comply with the above audit requirements shall constitute a material
breach of this Agreement and may result, at the sole discretion of the City, in the
withholding of payment for Services provided under this Agreement.
9.0 PROFESSIONALISM AND STANDARD OF CARE
9.1 Contractor shall do, perform and carry out in a professional manner all
construction Services required to be performed by this Agreement. Contractor shall also
use the degree of care and skill in performing the Services that are ordinarily exercised
under similar circumstances by reputable members of Contractor's profession working
in the same or similar locality as Contractor.
10.0 SUBMITTAL OF PROGRESS REPORTS
10.1 Upon request by the City, Contractor shall submit a written progress
report as the status of all Work set forth in this Agreement. The report shall in a
sufficient manner to demonstrate that any funds expended were used to provide the
agreed-upon Services. If the detail is not sufficient in the City Project Manager's
reasonable discretion to permit the City to determine the Work performed or the
manner in which it is being performed, the City may seek more detail from the
Contractor.
11.0 WARRANTY OF PROFESSIONAL SERVICES
11.1 The Contractor (for itself and any of its employees, contractors, partners,
and agents used to perform the Services) hereby warrants unto the City that all of its
employees (and those of any of its contractors, partners, and agents used to perform
the Services) have sufficient experience to properly complete the Services specified
herein or as may be performed pursuant to this Agreement. In pursuit of any Work, the
Contractor shall supervise and direct the Work, using its best skill and attention and
shall enforce strict discipline and good order among its employees. The Contractor
shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public
authority hearing on the performance of the Work.
12.0 CORPORATE REPRESENTATIONS BY CONTRACTOR
12.1 Contractor hereby represents and warrants to the City the following:
a. Contractor is duly registered and licensed to do business in the
State of Florida and is in good standing under the laws of
Florida, and is duly qualified and authorized to carry on the
functions and operations set forth in this Agreement.
b. The undersigned signatory for Contractor has the power,
authority, and the legal right to enter into and perform the
obligations set forth in this Agreement and all applicable
exhibits thereto, and the execution, delivery, and performance
hereof by Contractor has been duly authorized by the board of
directors and/or president of Contractor. In support of said
representation, Contractor agrees to provide a copy to the City
of a corporate certificate of good standing provided by the State
of Florida prior to the execution of this Agreement.
c. Contractor is duly licensed under all local, state and federal
laws to provide the Services stated in paragraph 3.0 herein. In
support of said representation, Contractor agrees to provide a
copy of all said licenses to the City prior to the execution of this
Agreement.
13.0 WORK IS A PRIVATE UNDERTAKING
13.1 With regard to any and all Work performed hereunder, it is specifically
understoodand agreed to by and between the parties hereto that the contractual
relationship between the City and Contractor is such that the Contractor is an
independent contractor and not an agent of the City. The Contractor, its contractors,
partners, agents, and their employees are independent contractors and not employees
of the City. Nothing in this Agreement shall be interpreted to establish any relationship
other than that of an independent contractor, between the City, on one hand, and the
Contractor, its contractors, partners, employees, or agents, during or after the
performance of the Work under this Agreement.
14.0 PROGRESS MEETING
14.1 City Project Manager may hold periodic progress meetings on a monthly
basis or more frequently if required by the City, during the term of work entered into
under this Agreement. Contractor's Project Manager and all other appropriate
personnel shall attend such meetings as designated by the City Project Manager.
15.0 SAFETY
15.1 Contractor shall be solely and absolutely responsible and assume all
liability for the safety and supervision of its principals, employees, contractors, and
agents while performing Services provided hereunder.
16.0 INSURANCE
16.1 Liability Amounts. During the term of this Agreement, Contractor shall
be responsible for providing the types of insurance and limits of liability as herein set
forth:
a. The Contractor shall maintain comprehensive general liability
insurance in the minimum amount of $1 ,000,000 as the combined
single limit for each occurrence to protect the Contractor from claims of
property damages which may arise from any Services performed
under this Agreement whether such Services are performed by the
Contractor or by anyone directly employed by or contracting with the
Contractor.
b. The Contractor shall maintain comprehensive automobile liability
insurance in the minimum amount of $1,000,000 combined single limit
bodily injury and minimum $1,000,000 property damage as the
combined single limit for each occurrence to protect the Contractor
from claims for damages for bodily injury, including wrongful death, as
well as from claims from property damage, which may arise from the
ownership, use, or maintenance of owned and non-owned
automobiles, including rented automobiles whether such operations be
by the Contractor or by anyone directly or indirectly employed by the
Contractor .
c. The Contractor shall maintain, during the life of this Agreement,
adequate Workers' Compensation Insurance in at least such amounts
as are required by law and Employer's Liability Insurance in the
minimum amount of $1,000,000 for all of its employees performing
Work for the City pursuant to this Agreement.
16.2 Special Requirements. Current, valid insurance policies meeting the
requirements herein identified shall be maintained during the term of this Agreement. A
copy of a current Certificate of Insurance shall be provided to the City by Contractor
upon the Effective Date of this Contract which satisfied the insurance requirements of
paragraph 16.0. Renewal certificates shall be sent to the City 30 days prior to any
expiration date. There shall also be a 30-day advance written notification to the City in
the event of cancellation or modification of any stipulated insurance coverage. The
City shall be an additional named insured on all stipulated insurance policies as
its interest may appear, from time to time.
16.3 Independent Associates and Consultants. All independent contractors
or agents employed by Contractor to perform any Services hereunder shall fully comply
with the insurance provisions contained in this paragraph.
17.0 COMPLIANCE WITH LAWS AND REGULATIONS
17.1 Contractor shall comply with all requirements of federal, state, and local
laws, rules, regulations, standards, and/or ordinances applicable to the performance of
Services under this Agreement.
18.0 DOCUMENTS
18.1 Public Records. It is hereby specifically agreed that any record,
document, computerized information and program, audio or video tape, photograph, or
other writing of the Contractor and its independent contractors and associates related,
directly or indirectly, to this Agreement, may be deemed to be a Public Record whether
in the possession or control of the City or the Contractor. Said record, document,
computerized information and program, audio or video tape, photograph, or other
writing of the Contractor is subject to the provisions of Chapter 119, Florida Statutes,
and may not be destroyed without the specific written approval of the City's City
Manager. Upon request by the City, the Contractor shall promptly supply copies of said
public records to the City. All books, cards, registers, receipts, documents, and other
papers in connection with this Agreement shall at any and all reasonable times during
the normal working hours of the Contractor be open and freely exhibited to the City for
the purpose of examination and/or audit.
18.2 The Contractor acknowledges that the City is a Florida municipal
corporation and subject to the Florida Public Records Law. Contractor agrees that to
the extent any document produced by Contractor under this Agreement constitutes a
Public Record, Contractor shall comply with the Florida Public Records Law.
19.0 ASSIGNMENT
19.1 Contractor shall not assign or subcontract this Agreement, or any rights or
any monies due or to become due hereunder without the prior written consent of City.
19.2 If upon receiving written approval from City, any part of this Agreement is
subcontracted by Contractor, Contractor shall be fully responsible to City for all acts
and/or omissions performed by the subcontractor as if no subcontract had been made.
19.3 If City determines that any subcontractor is not performing in accordance'
with this Agreement, City shall so notify Contractor who shall take immediate steps to
remedy the situation.
19.4 If Contractor subcontracts any part of this Agreement, prior to the
commencement of any Work by the subcontractor, Contractor shall require the
subcontractor to provide City and its affiliates with insurance coverage as set forth by
the City.
20.0 TERMINATION: DEFAULT BY CONTRACTOR AND CITY'S REMEDIES
20.1 The City reserves the right to revoke and terminate this Agreement and
rescind all rights and privileges associated with this Agreement, without penalty, in the
following circumstances, each of which shall represent a default and breach of this
Agreement:
8. Contractor defaults in the performance of any material covenant or condition
of this Agreement and does not cure such other default within fourteen (14) calendar
days after written notice from the City specifying the default complained of, unless,
however, the nature of the default is such that it cannot, in the exercise of reasonable
diligence, be remedied within fourteen (14) calendar days, in which case the Contractor
shall have such time as is reasonably necessary to remedy the default, provided the
Contractor promptly takes and diligently pursues such actions as are necessary
therefor; or
b. Contractor is adjudicated bankrupt or makes any assignment for the benefit
of creditors or Seryice Provider becomes insolvent, or is unable or unwilling to pay its
debts; or
c. Contractor has acted negligently, as defined by general and applicable law, in
performing the Services hereunder; or
d. Contractor has committed any act of fraud upon the City; or
e. Contractor has made a material misrepresentation of fact to the City while
performing its obligations under this Agreement.
f. Contractor is experiencing a labor dispute which threatens to have a
substantial, adverse impact upon performance of this Agreement without prejudice to
any other right or remedy City may have under this Agreement.
20.2 Notwithstanding the aforementioned, in the event of a default by
Contractor, the City shall have the right to exercise any other remedy the City may have
by operation of law, without limitation, and without any further demand or notice. In the
event of such termination, City shall be liable only for the payment of all unpaid
charges, determined in accordance with the provisions of this Agreement, for Work
properly performed prior to the effective date of termination.
21.0 FORCE MAJEURE
21.1 Any delay or failure of either party in the performance of its required
obligations hereunder shall be excused if and to the extent caused by acts of God; fire;
flood; windstorm; explosion; riot; war; sabotage; strikes (except involving Contractor's
labor force); extraordinary breakdown of or damage to City's affiliates' generating
plants, their equipment, or facilities; court injunction or order; federal and/or state law or
regulation; order by any regulatory agency; or cause or causes beyond the reasonable
control of the party affected; provided that prompt notice of such delay is given by such
party to the other and each of the parties hereunto shall be diligent in attempting to
remove such cause or causes. If any circumstance of Force Majeure remains in effect
for sixty days, either party may terminate this Agreement.
22.0 GOVERNING LAW & VENUE
22.1 This Agreement is made and shall be interpreted, construed, governed,
and enforced in accordance with the laws of the State of Florida. Venue for any state
action or litigation shall be Seminole County, Florida. Venue for any federal action or
litigation shall be Orlando, Florida.
23.0 HEADINGS
23.1 Paragraph headings are for the convenience of the parties only and are
not to be construed as part of this Agreement.
24.0 SEVERABILITY
24.1 In the event any portion or part thereof of this Agreement is deemed
invalid, against public policy, void, or otherwise unenforceable by a court of law, the
parties, at the sole discretion and option of the City, shall negotiate an equitable
adjustment in the affected provision of this Agreement. The validity and enforceability
of the remaining parts of this Agreement shall otherwise be fully enforceable.
25.0 INTEGRATION; MODIFICATION
25.1 The drafting, execution, and delivery of this Agreement by the Parties has
been induced by no representations, statements, warranties, or agreements other than
those expressed herein. This Agreement embodies the entire understanding of the
parties, and there are no further or other agreements or understandings, written or oral,
in effect between the parties relating to the subject matter hereof unless expressly
referred to herein. Modifications of this Agreement shall only be made in writing signed
by both parties.
26.0 WAIVER AND ELECTION OF REMEDIES
26.1 Waiver by either party of any terms, or provision of this Agreement shall
not be considered a waiver of that term, condition, or provision in the future.
26.2 No waiver, consent, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized
representative of each party hereto.
27.0 THIRD PARTY RIGHTS
27.1 Nothing in this Agreement shall be construed to give any rights or benefits
to anyone other than City and Contractor.
28.0 PROHIBITION AGAINST CONTINGENT FEES
28.1 Contractor warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the Contractor, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the
Contractor, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement.
29.0 NO JOINT VENTURE
29.1 Nothing herein shall be deemed to create a joint venture or principal-
agent relationship between the parties, and neither party is authorized to, nor shall
either party act toward third persons or the public in any manner, which would indicate
any such relationship with the other party.
30.0 ATTORNEY'S FEES
30.1 Should either party bring an action to enforce any of the terms of this
Agreement, the prevailing party shall be entitled, to the extent permitted by law, to
recover from the non-prevailing party the costs and expenses of such action including,
but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal.
31.0 COUNTERPARTS
31.1 This Agreement may be executed in any number of counterparts, each of
which when so executed and delivered shall be considered an original agreement; but
such counterparts shall together constitute but one and the same instrument.
32.0 DRAFTING
32.1 City and Contractor each represent that they have both shared equally in
drafting this Agreement and no party shall be favored or disfavored regarding the
interpretation of this Agreement in the event of a dispute between the parties.
33.0 NOTICE
33.1 Any notices required to be given by the terms of this Agreement shall be
delivered by hand or mailed, postage prepaid to:
For Contractor:
For City:
City of Winter Springs
Public Works Superintendent
110 N. Flamingo Ave.
Winter Springs, FL 32708
Phone: (407) 327-2669
Facsimile: (407) 327-4751
33.2 Either party may change the notice address by providing the other party
written notice of the change.
34.0 SOVEREIGN IMMUNITY
34.1 Nothing contained in this Agreement shall be construed as a waiver of the
City's right to sovereign immunity under Section 768.28, Florida Statutes, or other
limitations imposed on the City's potential liability under state or federal law.
35.0 INDEMNIFICATION
35.1 For all Services performed pursuant to this Agreement, the Contractor agrees
to the fullest extent permitted by law, to indemnify and hold harmless the City and its
commissioners, employees, officers, and city attorneys (individually and in their official
capacity) from and against all claims, losses, damages, personal injuries (including but
not limited to death), or liability (including reasonable attorney's fees through any and all
administrative, trial and appellate proceedings), directly or indirectly arising from:
a. Any default under this Agreement by Contractor,
b. Any negligent act, omission or operation of work related to
all Services performed under this Agreement by Contractor,
and its employees, principals, agents, independent
contractors, and consultants.
c. The acts, errors, omissions, intentional or otherwise, arising
out of or resulting from Contractor's and its employees,
partners, contractors, and agents on the performance of the
Services being performed under this Agreement;
d. Contractor, and its employees, partners, contractors, and
agents failure to comply with the provisions of any federal,
state, or local laws, ordinance, or regulations applicable to
Contractor and its employees, partners, contractors, and
agents performance under this Agreement;
e. Any fraud and misrepresentation conducted by Contractor
and its employees, partners, contractors, and agents on the
City under this Agreement.
35.2 The indemnification provided above shall obligate the Contractor to defend
at its own expense or to provide for such defense, at the option of the City, as the case
may be, of any and all claims of liability and all suits and actions of every name and
description that may be brought against the City or its commissioners, employees,
officers, and City Attorney which may result from any negligent act, omission or
operation of work related to the Services under this Agreement whether the Services be
performed by the Contractor, Subcontractor, or anyone directly or indirectly employed
by them. In all events the City and its commissioners, employees, officers, and City
Attorney shall be permitted to choose legal counsel of its sole choice, the fees for which
shall be reasonable and subject to and included with this indemnification provided
herein.
36.0 ORDER OF PRECEDENCE
36.1 In case of any inconsistency in any of the documents bearing on the
Agreement between the City and the Contractor, the inconsistency shall be resolved by
giving precedence in the following order:
a. Contractor's Bid (Proposal), Agreement, and Addenda
b. Change Orders
c. Special Conditions
d. General Conditions
e. Instructions to Bidders
f. Drawings
g. Advertisement
36.2 Any inconsistency in the work description shall be clarified by the City and
performed by the Contractor.
37.0 AGREEMENT INTERPRETATION
37.1 At its discretion, during the course of the work, should any errors,
ambiguities, or discrepancies be found in the Agreement or specifications, the City at its
sole discretion will interpret the intent of the Agreement and work descriptions and the
Contractor hereby agrees to abide by the City's interpretation and agrees to carry out
the work in accordance with the decision of the City.
37.2 When the material, article, or equipment is designated by a brand name
and more than one brand name is listed, it will be understood that the work is based on
one brand name only. The Contractor will be responsible for all coordination necessary
to accommodate the material, article, or equipment being provided without additional
cost to the City. A substitute material, article, or equipment is allowed if it is reasonably
equivalent to the brand name specified. The City has full discretion to decide whether a
substitute is reasonably equivalent. Contractor must notify the City prior to use of the
substitute for a specified brand name and allow the City to make a determination before
Contractor uses the substitute.
,
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
CONTRACTOR:
Name
Address and Telephone Number
By
CITY:
Dated
CITY OF WINTER SPRINGS, FLORIDA
By:
Dated
RONALD W. MCLEMORE
City Manager
ATTEST:
By:
ANDREA LORENZO-LUACES
City Clerk
ATTACHMENT NO.2
BID NUMBER: ITB-015-02/AH
ASPHALT RESURFACING FOR VARIOUS CITY STREETS
BID CLOSING: MAY 29, 2002
Bid Closing Was Called By:
Nancy Vobornik, Purchasing Coordinator
Bid Opened:
Bid Closed:
3:00 p.m.
3:04 p.m.
Witnesses:
Alan Hill, Superintendent, Public Works Department
Holly Pierstorff, Assistant To The City Clerk
Four (4) Bids Received:
1. ORLANDO PA VING COMPANY
AGENT: R. WAYNE EVANS, SR. VICE PRESIDENT, 1936 LEE ROAD, WINTER PARK, FLORIDA 32789
TELEPHONE: NOT PROVIDED FASCIMILIE: NOT PROVIDED
BID AMOUNT: $150,732.20
2. APAC, FL. INC.
AGENT: ILLEGIBLE, VICE PRESIDENT, 655 STATE ROAD 419, WINTER SPRINGS, FLORIDA 32708
TELEPHONE: (407) 327-0470 FASCIMILIE: NOT PROVIDED
BID AMOUNT: $169,080.25
3. THE MIDDLESEX CORPORATION
AGENT: ROBERT W. PEREIRA II, VICE PRESIDENT, ONE SPECTACLE POND ROAD, LITTLETON,
MASSACHUSETTS 01460
TELEPHONE: (978) 742-4400 FASCIMILIE: (978) 742-4455
BID AMOUNT: $165,086.82
4. RANGER CONSTRUCTION INDUSTRIES, INC.
AGENT: MARK VEILLETTE, VICE PRESIDENT, 125 NORTH RIDGEWOOD
A VENUE, SUITE 301, DAYTONA BEACH, FLORIDA 32114
TELEPHONE: NOT PROVIDED FASCIMILIE: NOT PROVIDED
BID AMOUNT: $169,760.50
Holly Pierstorff, Assistant To The City Clerk
City of Winter Springs
Copy: Mr. Kip Lockcuff, Director, Public Works Department
Ms. Nancy Vobornik, Purchasing Department
Docs\ Word\BIDS\RESUL TS\FyO I 02\ITB-OI5-02 AH.doc
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AGREEMENT FORM
...~
THIS AGREEMENT is made and entered into this I;? . day of June, 2002,
by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal
corporation, hereinafter referred to as "City", located at 1126 East State Road 434,
Winter Springs, FL 32708, and APAC - Florida, Inc. a Florida corporation hereinafter
referred to as "Contractor".
WITNESSETH:
WHEREAS, City wishes to provide a~phalt resurfacing for various City streets,
and
WHEREAS, Contractor participated in the selection and negotiation process; and
WHEREAS, Contractor is willing to provide such asphalt resurfacing construction
services (Services) under the terms and conditions stated herein and in accordance
with the Contract Documents;
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties covenant and agree as
follows:
1.0 RECITALS
1.1 The foregoing recitals are deemed to be true and accurate and are fully
incorporated herein by reference.
2.0 TERM AND DEFINITIONS
TERMS
2.1 The Contractor shall complete the work within 60 days from the effective
date of the Notice to Proceed.
2.2 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 2.1 above, plus any extensions thereof allowed in
accordance with the General Conditions. They also recognize the delays, expenses,
and difficulties involved in proving in a legal arbitration proceeding the actual loss
suffered by Owner if the Work is not substantially completed on time. Accordingly,
instead of requiring any such proof, Owner and Contractor agree that, as liquidated
damages for delay (but not as a penalty) Contractor shall pay Owner $200.00 for each
day that expires after the time specifies in paragraph 2.1 for final completion of the work
is finally completed, and that Owner has paid to Contractor the sum of Ten ($10.00)
Dollars as consideration for this provision.
2.3 The Owner will pay the Contractor in current funds for the performance of
the work, subject to additions and deletions by Change Order, the total contract price of
One hundred thirty five thousand seven hundred fifty three dollars and sixty five cents
($135,753.65). Payments will be made to.the Contractor for actual quantities installed
on the basis of the Schedule of Unit Pric~'s included as part of its Bid, which shall be as
fully a part of the Contract as if attached or repeated herein.
DEFINITIONS
2.4 The following words and phrases used in this Agreement shall have the
following meaning ascribed to them unless the context clearly indicates otherwise:
a. "Agreement" or "Contract" shall be used interchangeably
and shall refer to this Agreement, as amended from time to
time, which shall constitute authorization for the Service
Provider to provide the landscaping services approved by
the City.
b. "Effective Date" shall be the date on which the last signatory
hereto shall execute this Agreement, aild it shall be the date
on which this Agreement shall go into effect. The
Agreement shall not go into effect until said date.
c. "Contractor" shall mean APAC-Florida, Inc., a Florida
corporation, and its principals, officers, employees, and
agents.
d. "Public Record" shall have the meaning given in Section
119.011 (1), Florida Statutes.
e. "Work" or "Services" shall be used interchangeably and shall
include the performance of the work agreed to by the parties
in this Agreement.
f. "City Project Manager" shall mean the Public Works/Utilities Director
for the City, or his designee.
3.0 SCOPE OF SERVICES
3.1 Contractor shall provide construction services for the resurfacing of the
asphalt surfaces of various City streets, including the furnishing of all labor, equipment
and materials, and the performing of all operations necessary as described in the Bid
Form, Invitation for Sealed Bid, Bid Number ITB-015-02/AH.
4.0 CHANGES IN THE SCOPE OF WORK
4.1 City may make changes in the scope of work at any time by giving written
notice to Contractor. .f.such changes increase or decrease or eliminate any amount of
Work, City and Contractor negotiate any change in total cost or schedule modifications.
If the City and the Contractor approve any change, the Contract will be modified in
writing to reflect the changes. City and Service Provider's designated representative
shall authorize all change orders in writing:
J
4.2 All of City's amendments thereto shall be performed in strict accordance
with the terms of this Agreement insofar as they are applicable.
5.0 SCHEDULE
5.1 Contractor shall perform ServiCes in conformance with the schedule
reasonably established by the City Project Manager. Contractor shall complete all of
said Services in a timely manner and will keep City apprized of the status of work as
reasonably requested by the City. Should Contractor fall behind on the established
schedule, it shall employ such resources so as to comply with the schedule. .
5.2 No extension of time for completion of Services shall be granted to
Contractor without City's prior written consent.
6.0 METHODS OF PAYMENT FOR SERVICES AND EXPENSES
OF CONTRACTOR
6.1 General Bid Services. The City shall pay Contractor for Services
actually performed based on the Bid Form and approved construction schedule. The
total amount paid to Contractor for the Services under this agreement shall not exceed
the amount of the bid plus any authorized Change Orders.
6.2 Additional Services. From time to time during the term of this
Agreement, City may request that Contractor perform additional Services not required
under the Bid Form, City agrees to pay Contractor a total amount equal to that mutually
agreed upon by the parties in writing and authorized by a properly execute Change
Order.
6.3 Payment. Upon receipt of a proper invoice from Contractor, the City
agrees to pay the Contractor the invoice amount providing said amount accurately
reflects the terms and conditions of this Agreement. Invoices may be submitted on a
monthly basis using the "Application for Payment" form (Section 00680) unless
otherwise agreed by the City. There shall be no other compensation paid to the
Contractor and its principals, employees, and independent professional associates and
consultants in the performance of Work under this Agreement. The City agrees to
make all payments due within thirty (30) days of receipt of a proper invoice delivered by
Contractor. The Contractor may only bill the City for actual work performed.
"'
7.0 RIGHT TO INSPECTION
7.1 City or its affiliates shall at all times have the right to review or observe the
Services performed by Contractor.
7.2 No inspection, review, or observation shall relieve Contractor of its
responsibility under this Agreement.
8.0 AUDIT AND INSPECTIONS
'"
8.1 All Contractor's records with respect to any matters covered by this
Agreement shall be made available .to the City, at any time during normal business
hours, as often as the City deems necessary, to audit, examine, and make excerpts or
transcripts of all relevant data. Any deficiencies noted in audit reports must be fully
cleared by the Contractor within thirty (30) days after receipt by the Contractor. Failure
of the Contractor to comply with the above audit requirements shall constitute a material
breach of this Agreement and may result, at the sole discretion of the City, in the
withholding of payment for Services provided under this Agreement.
9.0 PROFESSIONALISM AND STANDARD OF CARE
9.1 Contractor shall do, perform and carry out in a professional manner all
construction Services required to be performed by this Agreement. Contractor shall also
use the degree of care and skill in performing the Services that are ordinarily exercised
under similar circumstances by reputable members of Contractor's profession working
in the same or similar locality as Contractor.
10.0 SUBMITTAL OF PROGRESS REPORTS
10.1 Upon request by the City, Contractor shall submit a written progress
report as the status of all Work set forth in this Agreement. The report shall in a
sufficient manner to demonstrate that any funds expended were used to provide the
agreed-upon Services. If the detail is not sufficient in the City Project Manager's
reasonable discretion to permit the City to determine the Work performed or the
manner in which it is being performed, the City may seek more detail from the
Contractor.
11.0 WARRANTY OF PROFESSIONAL SERVICES
11.1 The Contractor (for itself and any of its employees, contractors, partners,
and agents used to perform the Services) hereby warrants unto the City that all of its-
employees (and those of any of its contractors, partners, and agents used to perform
the Services) have sufficient experience to properly complete the Services specified
herein or as may be performed pursuant to this Agreement. In pursuit of any Work, the
Contractor shall supervise and direct the Work, using its best skill and attention and
shall enforce strict discipline and good order among its employees. The Contractor
shall comply with all Jaws, ordinances, rules, regulations, and lawful orders of any public
authority hearing on the performance of the Work. -
12.0 CORPORATE REPRESENTATIONS BY CONTRACTOR
12.1 Contractor hereby represents and warrants to the City the following:
a. Contractor is duly registered and licensed to do business in the
State of Florida and is in good standing under the laws of
Florida, and is duly qualified. and authorized to carry on the
functions and operations s.dt forth in this Agreement.
b. The undersigned signat<:;>ry for Contractor has the power,
authority, and the legal right to enter into and perform the
obligations set forth in this Agreement and all applicable
exhibits thereto, and the execution, delivery, and performance
hereof by Contractor has beeh duly authorized by the board of
directors and/or president of Contractor. In support of said
representation, Contractor agrees to provide a copy to the City
of a corporate certificate of good standing provided by the State
of Florida prior to the execution of this Agreement.
c. Contractor is duly licensed under all local, state and federal
laws to provide the Services stated in paragraph 3.0 herein. In
support of said representation, Contractor agrees to provide a
copy of all said licenses to the City prior to the execution of this
Agreement.
13.0 WORK IS A PRIVATE UNDERTAKING
13.1 With regard to any and all Work performed hereunder, it is specifically
understoodand agreed to by and between the parties hereto that the contractual
relationship between the City and Contractor is such that the Contractor is an
independent contractor and not an agent of the City. The Contractor, its contractors,
partners, agents, and their employees are independent contractors and not employees
of the City. Nothing in this Agreement shall be interpreted to establish any relationship
other than that of an independent contractor, between the City, on one hand, and the
Contractor, its contractors, partners, employees, or agents, during or after the
performance of the Work under this Agreement.
14.0 PROGRESS MEETING
14.1 City Project Manager may hold periodic progress meetings on a monthly
basis or more frequently if required by the City, during the term of work entered into
under this Agreement. Contractor's Project Manager and all other appropriate
personnel shall attend such meetings as designated by the City Project Manager.
15.0 SAFETY
15.1 Contractor shall be solely and absolutely responsible and assume all
liability for the safety and supervision of its principals, employees, contractors, and
agents while performing Services provided hereunder.
16.0 INSURANCE
16.1 Liability Amounts. During the term of this Agreement, Contractor shall
be responsible for providing the types of.insurance and limits of liability as herein set
forth: .
a. The Contractor shall maintain comprehensive general liability
insurance in the minimum amount of $1,000,000 as the combined
single limit for each occurrence to protect the Contractor from claims of
property damages which may arise from any Services performed
under this Agreement whether such Services are performed by the
Contractor or by anyone directly employed by or contracting with the
Contractor.
b. The Contractor shall maintain comprehensive automobile liability
insurance in the minimum amount of $1,000,000 combined single limit
bodily injury and minimum $1,000,000 property damage as the
combined single limit for each occurrence to protect the Contractor
from claims for damages for bodily injury, including wrongful death, as
well as from claims from property damage, which may arise from the
ownership, use, or maintenance of owned and non-owned
automobiles, including rented automobiles whether such operations be
by the Contractor or by anyone directly or indirectly employed by the
Contractor.
c. The Contractor shall maintain, during the life of this Agreement,
adequate Workers' Compensation Insurance in at least such amounts
as are required by law and Employer's Liability Insurance in the
minimum amount of $1,000,000 for all of its employees performing
Work for the City pursuant to this Agreement.
16.2 Special Requirements. Current, valid insurance policies meeting the
requirements herein identified shall be maintained during the term of this Agreement. A
copy of a current Certificate of Insurance shall be provided to the City by Contractor
upon the Effective Date of this Contract which satisfied the insurance requirements of
paragraph 16.0. Renewal certificates shall be sent to the City 30 days prior to any
expiration date. There shall also be a 30-day advance written notification to the City in
the event of cancellation or modification of any stipulated insurance coverage. The
City shall be an additional named insured on all stipulated insurance policies as
its interest may appear, from time to time.
16.3 Independent Associates and Consultants. All independent contractors
or agents employed by Contractor to perform any Services hereunder shall fully comply
with the insurance provisions contained in this paragraph.
17.0 COMPLIANCE WITH LAWS AND REGULATIONS
17.1 Contractor shall comply with. all requirements of federal, state, and local
laws, rules, regulations, standards, and/dr ordinances applicable to the performance of
Services under this Agreement.
18.0 DOCUMENTS
18.1 Public Records. It is hereby specifically agreed that any record,
document, computerized information and program, audio or video tape, photograph, or
other writing of the Contractor and its independent contractors and associates related,
directly or indirectly, to this Agreement, may be deemed to be a Public Record whether
in the possession or control of the City or the Contractor. Said record, document,
computerized information and program, audio or video tape, photograph, or other
writing of the Contractor is subject to the provisions of Chapter 119, Florida Statutes,
and may not be destroyed without the specific written approval of the City's City
Manager. Upon request by the City, the Contractor shall promptly supply copies of said
public records to the City. All books, cards, registers, receipts, documents, and other
papers in connection with this Agreement shall at any and all reasonable times during
the normal working hours of the Contractor be open and freely exhibited to the City for
the purpose of examination and/or audit.
18.2 The Contractor acknowledges that the- City is a Florida municipal
corporation and subject to the Florida Public Records Law. Contractor agrees that to
the extent any document produced by Contractor under this Agreement constitutes a
Public Record, Contractor shall comply with the Florida Public Records Law.
19.0 ASSIGNMENT
19.1 Contractor shall not assign or subcontract this Agreement, or any rights or
any monies due or to become due hereunder without the prior written consent of City.
19.2 If upon receiving written approval from City, any part of this Agreement is
subcontracted by Contractor, Contractor shall be fully responsible to City for all acts
and/or omissions performed by the subcontractor as if no subcontract had been made.
19.3 If City determines that any subcontractor is not performing in accordance
with this Agreement, City shall so notify Contractor who shall take immediate steps to
remedy the situation.
19.4 If Contractor subcontracts any part of this Agreement, prior to the
commencement of any Work by the subcontractor, Contractor shall require the
subcontractor to provide City and its affiliates with insurance coverage as set forth by
the City.
20.0 TERMINATION; DEFAULT BY CONTRACTOR AND CITY'S REMEDIES
20.1 The City reserves the right to revoke and terminate this Agreement and
rescind all rights and privileges associated with this Agreement, without penalty, in the
following circumstances, each of which shall represent a default and breach of this
Agreement:
a. Contractor defaults in the performance of any material covenant or condition
of this Agreement and does not cure such other default within fourteen (14) calendar
days after written notice from the City specifying the default complained of, unless,
however, the nature of the default is such trlat it cannot, in the exercise of reasonable
diligence, be remedied within fourteen (14) calendar days, in which case the Contractor
shall have such time as is reasonably necessary to remedy the default, provided the
Contractor promptly takes and diligently pursues such actions as are necessary
therefor; or .
b. Contractor is adjudicated bankrupt or makes any assignment for the benefit
of creditors or Service Provider becomes insolvent, or is unable or unwilling to pay its
debts; or
c. Contractor has acted negligently, as defined by general and applicable law, in
. performing the Services hereunder; or
d. Contractor has committed any act of fraud upon the City; or
e. Contractor has made a material misrepresentation of fact to the City while
performing its obligations under this Agreement.
1. Contractor is experiencing a labor dispute which threatens to have a
substantial, adverse impact upon performance of this Agreement without prejudice to
any other right or remedy City may have under this Agreement.
20.2 Notwithstanding the aforementioned, in the event of a default by
Contractor, the City shall have the right to exercise any other remedy the City may have
by operation of law, without limitation, and without any further demand or notice. In the
event of such termination, City shall be liable only for the payment of all unpaid
charges, determined in accordance with the provisions of this Agreement, for Work
properly performed prior to the effective date of termination.
21.0 FORCE MAJEURE
21.1 Any delay or failure of either party in the performance of its required
obligations hereunder shall be excused if and to the extent caused by acts of God; fire;
flood; windstorm; explosion; riot; war; sabotage; strikes (except involving Contractor's
labor force); extraordinary breakdown of or damage to City's affiliates' generating
plants, their equipment, or facilities; court injunction or order; federal and/or state law or
regulation; order by any regulatory agency; or cause or causes beyond the reasonable
control of the party affected; provided that prompt notice of such delay is given by such
party to the other and each of the parties hereunto shall be diligent in attempting to
remove such cause or causes. If any circumstance of Force Majeure remains in effect
for sixty days, either party may terminate this Agreement.
".
22.0 GOVERNING LAW & VENUE
22.1 This Agreement is made and shall be interpreted, construed, governed,
and enforced in accordance with the laws of the State of Florida. Venue for any state
action or litigation shall be Seminole County, Florida. Venue for any federal action or
litigation shall be Orlando, Florida.
23.0 HEADINGS
23.1 Paragraph headings are for the convenience of the parties only and are
not to be construed as part of this Agreement.
24.0 SEVERABILITY
"
24.1 In the event any portion or part thereof of this Agreement is deemed
invalid, against public policy, void, or otherwise unenforceable by a court of law, the
parties, at the sole discretion and option of the City, shall negotiate an equitable
adjustment in the affected provision of this Agreement. The validity and enforceability
of the remaining parts of this Agreement shall otherwise be fully enforceable.
25.0 INTEGRATION; MODIFICATION
25.1 The drafting, execution, and delivery of this Agreement by the Parties has
been induced by no representations, statements, warranties, or agreements other than
. those expressed herein. This Agreement embodies the entire understanding of the
parties, and there are no further or other agreements or understandings, written or oral,
in effect between the parties relating to the subject matter hereof unless expressly
referred to herein. Modifications of this Agreement shall only be made in writing signed
by both parties.
26.0 WAIVER AND ELECTION OF REMEDIES
26.1 Waiver by either party of any terms, or provision of this Agreement shall
not be considered a waiver of that term, condition, or provision in the future.
26.2 No waiver, consent, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized
representative of each party hereto.
27.0 THIRD PARTY RIGHTS
27.1 Nothing in this Agreement shall be construed to give any rights or benefits
to anyone other than City and Contractor.
28.0 PROHIBITION AGAINST CONTINGENT FEES
28.1 Contractor warrants that it h~s not employed or retained any company or
person, other than a bona fide employe~.~orking solely for the Contractor, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other th.an a bona fide employee working solely for the
Contractor, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement.
29.0 NO JOINT VENTURE
29.1 Nothing herein shall be deemed to create a joint venture or principal-
agent relationship between the parties, and neither party is authorized to, nor shall
either party act toward third persons or the public in any manner, which would'indicate
an,y such relationship with the other party.
30.0 ATTORNEY'S FEES
30.1 Should either party bring an action to enforce any of the terms of this
Agreement, the prevailing party shall be entitled, to the extent permitted by law, to '
recover from the non-prevailing party the costs and expenses of such action including,
but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal.
31.0 COUNTERPARTS
31.1 This Agreement may be executed in any number of counterparts, each of
which when so executed and delivered shall be considered an original agreement; but
such counterp.arts shall together constitute but one and the same instrument.
32.0 DRAFTING
32.1 City and Contractor each represent that they have both shared equally in
drafting this Agreement and no party shall be favored or disfavored regarding the
interpretation of this Agreement in the event of a dispute between the parties.
33.0 NOTICE
33.1 Any notices required to be given by the terms of this Agreement shall be
delivered by hand or mailed, postage prepaid to:
For Contractor:
For Citv:
City of Winter Springs
Public Works Superintendent
110 N. Flamingo Ave.
Winter Springs, FL 32708
Phone: (407)327-2669
Facsimile: (407) 327-4751
33.2 Either party may change the notice address by providing the other party
written notice of the change.
34.0 SOVEREIGN IMMUNITY
34.1 Nothing contained in this Agreement shall be construed as a waiver of the
City's right to sovereign immunity under Section 768.28, Florida Statutes, or other
limitations imposed on the City's potential liability under state or federal law.
35.0 INDEMNIFICATION
.
35.1 For all Services performed pursuant to this Agreement, the Contractor agrees
to the fullest extent. permitted by law, to indemnify and hold harmless the City and its
commissioners, employees, officers, and city attorneys (individually and in their official
capacity) from and against all claims, losses, damages, personal injuries (including but
not limited to death), or liability (including reasonable attorney's fees through any and all
administrative, trial and appellate proceedings), directly or indirectly arising from:
a. Any default under this Agreement by Contractor,
b. Any negligent act, omission or operation of work related to
all Services performed under this Agreement by Contractor,
and its employees, principals, agents, independent
contractors, and consultants.
c. The acts, errors, omissions, intentional or otherwise, arising
out of or resulting from Contractor's and its employees,
partners, contractors, and agents on the performance of the
Services being performed under this Agreement;
d. Contractor, and its employees, partners, contractors, and
agents failure to comply with the provisions of any federal,
state, or local laws, ordinance, or regulations applicable to
Contractor and its employees, partners, contractors, and
agents performance under this Agreement;
e. Any fraud and misrepresentation conducted by Contractor
and its employees, partners, contractors, and agents on the
City under this Agreement.
35.2 The indemnification provided above shall obligate the Contractor to defend
at its own expense or to provide for such defense, at the option of the City, as the case
..
may be, of any and all claims of liability ?nd all suits and actions of every name and
description that may be brought against the City or its commissioners, employees,
officers, and City Attorney which may result from any negligent act, omission or
operation of work related to the Services under this Agreement whether the Services be
performed by the Contractor, Subcontractor, or anyone directly or indirectly employed
by them. In all events the City and its commissioners, employees, officers, and City
Attorney shall be permitted to choose legal counsel of its sole choice, the fees for which
shall be reasonable and subject to and included with this indemnification provided
herein.
36.0 ORDER OF PRECEDENCE
36.1 In case of any inconsistency in any of the documents bearing on the
Agreement between the City and the Contractor, the inconsistency shall be resolved by
giving precedence in the following order:
a. Contractor's Bid (Proposal), Agreement, and Addenda
b. Change .orders
c. Special Conditions
d. General Conditions
e. Instructions to Bidders
f. Drawings
g. Advertisement
36.2 Any inconsistency in the work description shall be clarified by the City and .
performed by the Contractor.
37.0 AGREEMENT INTERPRETATION
37.1 At its discretion, during the course of the work, should any errors,
ambiguities, or discrepancies be found in the Agreement or specifications, the City at its
sole discretion will interpret the intent of the Agreement and work descriptions and the
Contractor hereby agrees to abide by the City's interpretation and agrees to carry out
the work in accordance with the decision of the City.
37.2 When the material, article, or equipment is designated by a brand name
and more than one brand name is listed, it will be understood that the work is based on
one brand name only. The Contractor will be responsible for all coordination necessary
to accommodate the material, article, or equipment being provided without additional
cost to the City. A substitute material, article, or equipment is allowed if it is reasonably
equivalent to the brand name specified. The City has full discretion to decide whether a
substitute is reasonably equivalent. Contractor must notify the City prior to use of the
substitute for a specified brand name and allow the City to make a determination before
Contractor uses the substitute.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
CONTRAcTOR:
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Name
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Address and Telephone Number
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CITY:
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CITY OF WINTER SPRINGS, FLQijlDA
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lO-LUACES
ATTACHMENT NO.2
BID NUMBER: ITB-OlS-02lAH
ASPHALT RESURFACING FOR VARIOUS CITY STREETS
BID CLOSING: MAY 29, 2002
Bid Closing Was Called By:
Nancy Vobornik, Purchasing Coordinator
Bid Opened:
Bid Closed:
3:00 p.m.
3:04 p.m.
.f
Witnesses:
Alan Hill. Superintendent, Public Works Department
Holly Pierstorff, Assistant To The City Clerk
Four (4) Bids Received:
1. ORLANDO PAVING COMPANY
AGENT: R. WAYNE EVANS, SR. VICE PRESIDENT, 1936 LEE ROAD, WINTER PARK, FLORIDA 32789
TELEPHONE: NOT PROVIDED FASCIMILIE: NOT PROVIDED
BID AMOUNT: $150,732.20
2. APAC, FL. INC.
AGENT: ILLEGIBLE, VICE PRESIDENT, 655 STATE ROAD 419, WINTER SPRINGS. FLORIDA 32708
TELEPHONE: (407) 327-0470 FASCIMILIE: NOT PROVIDED
BID AMOUNT: $169,080.25
3. THE MIDDLESEX CORPORATION
AGENT: ROBERT W; PEREIRA II, VICE PRESIDENT, ONE SPECf ACLE POND ROAD, LITTLETON,
MASSACHUSETTS 01460
TELEPHONE: (978) 742-4400 FASCIMILlE: (978) 742-4455
BID AMOUNT: $165,086.82
4. RANGER CONSTRUCTION INDUSTRIES, INC.
AGENT: MARK VEILLEITE, VICE PRESIDENT, 125 NORTH RIDGEWOOD
AVENUE, SUITE 301, DAYTONA BEACH, FLORIDA 32114
TELEPHONE: NOT PROVIDED FASCIMILIE: NOT PROVIDED
BID AMOUNT: $169,760.50
Holly Pierstorff, Assistant To The City Clerk
City of Winter Springs
Copy: Mr. Kip Lockcuff, Director, Public Works Department
Ms. Nancy Vobornik, Purchasing Department
Docs\Word\BIDS\RBSUL TS\FyO I02\ITB-015-02 AH.doc
PERFORMANCE AND PAYMENT BOND
(Public Work)
In compliance with F.S. Chapter 255.05(1)(a)
Bond No.: 14-000-020-0420
CONTRACTOR:
Name:
Address:
Apac-Florida, Inc., MACASPHALT DIVISION
P.O. Box 196610
Winter Springs, FL 32719-6610
Phone No. (407) 327-0470
SURETY:
Name:
Address:
Liberty Mutual Insurance Company
600 W. Germantown Pike, #300
Plymouth Meeting, PA 19462
Phone No. (610) 832-8200
OWNER:
Name:
Address:
City of Winter Springs
1126 E. SR 434
Winter Springs, FL 32708
Phone No.
OBLIGEE: (If contracting entity is different from the owner, the contracting public entity)
Name:
Address:
Phone No.
Bond Amount: $149,329.02
Contract No. (if applicable) ITB 01S-02/AH
Description of Work:
Project Location:
Asphalt Resurfacing of Various City Streets
City of Winter Springs, Florida
Legal Description:
FRONT PAGE
All other Bond page(s) are deemed subsequent to this page regardless of any page Ilumber(s) that may be re-printed thereon.
BOND 14-000-020-0420
SECTION 00610
PERFORMANCE BOND FORM
THIS INSTRUMEIH WnTNESSi:TH; That ,!,e (1) APAC-FLORIDA, INC. MACASPHALT DIVISION a (2)
org~niz8d under tl' e laws of the State of FT. and regularly authorized to do business in the State of
Flo"ida as Princi~'II, and we (3) LIBERTY MUTUAL INSURANCE COMPANY a (2)
org~lnized under tJ. e laws of the State of MA and regularly authorized to do business in the State
of Fllarida as SurelY, are held and firmly bound unto CITY OF WINTER SPRINGq hereinafter called the Owner In
accprdance wi!. 1 a Contraot hereinafter referred to, in the penal sum of (4)
Doll~rs ($ 149 ,32? .02 ) lawful money of the United States, well and truly to be paid unto the said Owner,
for the payment ()f which we bind ourselves, our heirs, executors, administrators, successors and assignees,
jointly and severalJ {, firmly by these presents;
*', ONE HUNDRED FORTY NINE THOUSAND THREE HUNDRED TWENTY NINE 02/100-----
WH~REAS, the said Principal has entered into a written oontract. with the Owner dated
for t)1e work desigl' ated as ASPHALT RESURFACING rooated in VARIOUS CITY STREETS in conformity with
Con.tract Documen:s hereby referred to and made a part hereof, the same to all intents and purposes as if written
at I~ngth herein. in which COntract the said Principal has contraoted to perform the work specified in said Contract
in a~ordance with the terms thereof;
NOW, THEREFOI::E, the condition of thIs obligation is such that if the Principal shall faithfully perform the
Conp-act on his (it~1/ pan, and satisfy all covenants, terms, conditions and agreements incurred by the Principal in
the performance (Ii said Contract, during the original term thereof, and any extensions thereof which may be
grallted by the Ovner, with or without notice to the Surety. and shall satisfy all claims and demands arising
ther~under, and shall fully indemnify and s~ve harmless tha Owner from all cost and damage which the Owner
mig~t suffer by readon of the failure of the Principal to do so, and shall fully reimburse and repay to the Owner all
costll, damages, ar d expenses whIch the Owner may incur In making good any default by the Principal, inCluding
any idefault based upon failure of the Principal, to fulfill his obligation to furnish maintenance, repairs, or
repl<jloements for ~ ny period of time after the work is completed, if provided for'in said Contract. then this
obligation shall be flull and void, otherwise it shall remain in full foroe and effect.
IN APDITION. the I)rincipal and Surety, jointly and severally, expressly guarantee that all materials furnished and
wor~manship perfe. mad under the Contract and in the oonstruction of the work shall fulfill all requirements of the
Con,ract and the C:,ntract Documents With respect to them. This bond shall remain in effect for a period of one
year;from the data llf final acceptance.
IT I~ HEREBY STI :'ULATED AND AGREED that any suit based upon any default of the Principal in fulfilling his
Obli;tions to furnitih maintenance, repairs, br replacements for any period of time after the. Work is completed, if
prov ded for in the (:ontract, may be brought at any time up to six month,s after the expiration of the time specified
in th Contract dur n9 which the Contractor has agreed to furnish such maintenance or make such repairs or
replacements. '
THE/ SAID SURETY, for value received, hereby stipwlates and agrees that no change, extension of time,
alterftion or additit: n to the terms of the Contract or to the Work to be performed thereunder or the Contract
Doc~ment$ accomj: anying the same shalf in any way affect its obligations on this Bond, and It does hereby waive
notic~ of ariy such ,;hange, extension of time, alteration or addition to the terms of the Contract or to the Work Or
to the Contract Doc: Jments.
PR~'vDDED, FURTHER. that no final settlement between the Owner and the Contractor shall abridge the right of
any r;>eneficiary hen lunder, whose claim may be unsatisfied.
(1) q:ontractor
(2) $ole Proprietor, Partnership, or Corporation
(3) furety
27
r> 110 percenl of the Contract Amount
(N WITNESS VI HEREOF. this Instrument is executed in several counterparts, each one of which shall be deemed
~n original. this the 14TH day of JUNE , 20~.
(S~L) (1) APAC-FLORIDA, INC, MACASPHALT DIVISION
~y:
Title:
(SEAL) (2)
jBy:
ITitla:
. ALLER, FLORIDA LICENSED RESIDENT AGENT (813) 281-2095
(1) Contractor
(2) surety
END OF SECTION
28
SECTION 00620
LABOR AND MATERiALS PAYMENT BOND FORM
MACASPHALT DIVISIO~
THI~ INSTRUi\Ii EI'ir WiTNESSETH: That w~ (1) APAC- FLQRWA.....-lllC- a (2) ORPORATION organized
under the laws of I he State of FT and re",ulany <.uthoriz.ed to do business in the State of (3)
I FL . as Principal. and we (4) LIBERTY MUTUAL* a (2) rmm organized
un$r the laws 01 the State of MA and regularly authorized to do business in the State of (3)
as Surety, are he!.:, and firmly bound unto (5) CITY OF WINT.ER hereinafter called the Owner in accordance with
a cpntract hereimlfter referred to. in the penal sum of (6) SPRINGS ** Dollars ($ ** ) lawful
mopey of the Uniled StateS. well and truly to be paid unto the said Owner, for the payment of which we bind
ourpelves. our hElirs. executors, administrators. successors and assignees, jointly and severally, firmly by these
prepents. WHER ~S, the said prlncipal has entered into a written contract with the Owner dated
for lWork designatod as ASPHALT RESURFACING . located In VARIOUS STREETS conformity with (CITY OF WINTER
Contract pocumsllts hereby referred to and made a part hereof, the same to all intents and purposes as if written SPRINGS)
~t I~ngth herein.y, whIch Contract the said Principal has contracted to perform the wor~.speClfied in said Contract
In accordance wltl, the terms thereof; *LIBERTY MUTUAL INSURAN ONE HUNDRED FORTY NINE THOUSAND THREE
. CE COMPANY Htm))Rf;D TWENTY NINE 02/100--- .
NqW. THI!f:REFCd:tE, the condition of this obligation is such that If the Principal shall faithfully satisfy all claims ($149.3:19.02)
an~ demands lncllrred by the Prinoipal of said Contract, and shall pay all obligations arising thereunder, and shall .
fullY Indemnify arr j save harmless the Owner from all cost and damage which the Owner might suffer by reason
of fl'te failure of t/'e Principal to do so. and shall fully reimburse and repay to the Owner all costs, damages, and
ex~enses which he Owner may incur in making good any default by the Principal, and shall promptly make
payment of prevCliling wages to all persons' supplying labor. equipment or materials for use In the prosecution of
th~ work, whethe,' by suboontractor or otherwise, and including all insurance premiums on said work as provided
fori in such Contn: ct(then thIs obligation shail be null and void. otherwise it shall remain In full force and effect.
Ii\! ADClTION. tile Principal and Surety, jointly and severally, expressly guarantee that the Owner will be held
harmless .from af ,y liens. claims. demands Of obligations In conjunction with materials or services provided with
refpect to this ': ;ontract. This bond. shall remain in effect for a period of one year from the date of final
aqceptance. The Owner may sue on this Bond, and any person furnishing material or performing labor, either as
all indIvidual or {IS a Subcontractor, shall have the right to sue on this Bond in the name of the Owner for his use
8'ld benefit. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or add.tion to the terms of the Contract or to the Wor!< to be performed thereunder or the Contract
Dfcuments accclllpanying the same shall in any way affect its obligations on this Bond. and it does hereby waive
nqtica of any suo: h change, extension of time. alteration or addition to the terms of the Contract or to the Work or
tofthe Contract [: ocuments.
p~OVIOED, FUI ~THER. that no final settlement between the Owner and the Contractor shall abridge the right of
a~y beneficiary I' ereunder, whose claim may be unsatisfied. .
(1) Contractor
(t) Sole Propri., tor, Partnership or Corporation
(~) state in whi,;h project is located
(M Surety
({5) Owner
(f) 110 percenl of the Contract Amount
IN WITNE.SS \il, HEREOF. this instrument is executed in several counterparts, each one of which shall be deemed
$n original. this the day of , 20_.
29
(SEAL) (1)
By"~
;
TItI~:
(S~AL) (2)
By;:
TiUe: KI
(Attorney In I: act)
(1~ Contractor
(~ Surety
APAC-FLORID, INC., MACASPHALT DIVISION
END OF SECTION
30
-:...=......:.: ,-,
(813) 281-2095
~---
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
723039
This Power of Attorney limits- the act of those named herein, and they have no authority to bind the Company except in the
manner and to the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts
mutual insurance company, pursuant to and by authorityo(-thE1 By-law and Authorization.hereinafter set forth, does hereby name,
constitute and appoint, DAVID H. CARR JAMES W. DUNN,.SHARI HARRISON, MIRNA RAMOS,DENISE TAYLOR, KIMBERLY A. WALLER,
ALL OF THE CITY OF TAMPA, STATE OF FLORiDA...........::;.:.~..............:.;..;.....................................;............................................................................
........................................................ ...................................... .;..................................................................... ~............................................................ ..... ..........
.... .
..............................................................................................................................................................................................................................................
. -- . .
. .
. .
........... ..................... ......... ....... ........~........ .... ............. ............. .... ............. ...... ............ .... ......... .... .... ...... ....................... ............. ......... ...... ............ ............ .......
. .
......................................... ............:.....:......:;... ~..:............. :-~.: ~:..., :..:..........................;.:. ...................................... .............................. .................................... .... ..........
. . .
,each individually, and if there be more than one named, its true and lawful attorney-in-fact to make, eXE)cute, seal, acknowledge and deliver, for and on
its behalf as surety and as its act and de:ed, any and all bonds~n9c:onsents.of surety for the release of retained percentages and/or final estimates on
engineering and construction contracts,9r.similar authority.reqpired..byttieDepartment.of Transpo"rtation, State of Florida, LIMITED in the amount
of THIRTY MILLION AND 00/100UUUU4uuuuuuuuu .... ::. DOLLARS ($ 30,000,000.00*******) each, and the execution of the aforesaid
bonds and consents of suretY, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president
and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
~ ui Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such
= ~ I limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the
~ _ I company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
~ ~ I obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
- ;;; I company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such
~ .j I instruments shall be as binding as if signed by the president and attested by the secretary.
- ~JI c.. .1,.,..... 1....11........:....... :.........., ,............. "I,.,..... ....I,.,....i.............. ....... "I,.,..... ............:...........+ h....... o:':Illthnri'70M tho. ^ffi,..o.r ^r ^tho.r ^"i,..i~1 "~n'1lo."'" tho.roin t^ ~nn^int ~+t^rno\l~_jn_f~,..t.
- :; f -, .,..... ''''''''V..II'~ "'>07U....".....',. ....... ...."LlIIII'\,.II'....' LI'.... p.........'.........". .,11.4.... y....."v'."-........ UI.... V.I'........' VI vu'..... vI,'....,y. ,.11.4.,........ ..,...........,.v .....1-",.......",. y~l....'.'....,.... "' 'Y"'~.
n:s I Pursuant to Article XVI, Section 5 of the By-laws, Assistant Vice President Garnet W. Elliott is hereby authorized to appoint such attorneys-in-
_ ~ I fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
... I bonds, recognizances and other surety obligations.
- ~ I
- '0 That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect.
w
~ ii. '''viii.",:;:; 'vVHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance
_ ~ Company has been affixedd~:~t Plymouth Meeting, Pennsylvania this 19th day of January 2001
~ '}'-;".~J-}. LIBERTY MUTUAL INSURANCE COMPANY
--= ~dr J.""~
~ Garnet W. Elliott, Assistant Vice President
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"~ I COMMONWEALTH OF PENNSYLVANIA
~ COUNTY OF MONTGOMERY
~,
. i:' : On this 19th ..aarof-- January , A.D. 2001, before me, a Notary Public, personally came the individual, known to
. ~: 1T10 tn nA thA fh,:::lirAin n~n,.ih~ inAlvirlh.::.1 ::Iinrl nffirAr nf I ihArtv Mllfl,;:allnC::llr::linf"'t:l! (';nmn::linv whn PYPi"'llh::.rl thp nrprprlinn inc::trllmt:lont :::.nrl hA ~r:knnwIArl.
; ~ ,i ~~;I'~;S ~fs ~7~~~:~~~~9t;~~;~~I;~:f~~~~;a~j.:~~~~f~~~~~~g~~~~~~~~~~~~t~~~ ~~~~I~~if:;:~f~~~~t;~~~~~~;':a~~ ~~~;:~~~c~rp~r~te
~ IN TESTIMO Y ~EREffi!f;.1 !1.er ~t ~etv~~~~~~-c"fficjaL.Se I at Plymo.uth Me~ting: P ,the day a~d year first above written.
I*: -<h . ,.;. DONI;" t: SHIELDS. Not'''" Pur,tlC
~/V,j ~~'J :. F'iyrnOlA;t:-r.../t' ivionr~tlnH~ry Count'{. .
~O ~y\..\!1>i. :.;{;; ::..1- My CO:fmfl:;';()" Expiro" Fob 2, ?002 .
~RY P~.qq ...~;.. CERTIFI~YE ..... ........ '. .
I, the undersigned, Istan Si;icfelaryOf Liberty Mutua! Insurance Company, db.h~reby certify:'that the original. power of attorney of which the
foregoing is a full, true and correct cQPYi";ii..irifull force and'"e.ffect on the da:i~.'i:i(.this ceitif.igite; ancLr:(j6 further certify ihat the officer who executed the
said power of attorney was one of theoff\c~rs specially auih9ri.zed:by.the.chairhlan or thep[esideritt<fappoint any attorney-in-fact as provided in Article
XVI, Section 5 of the By-laws of LibertYrvtutuallnsurance Company. 0:: B"'" ...:/:::.>::. .....
This certificate may be signed by facsimile under and by authority of the following vote .of the board of directors of Liberty Mutual Insurance
Company at a meeting duly called and held on the 12th day of March. 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified
copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as
though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed_the corporate seal of' the said company, this
JUNE 2002 a~~~~\
r~' ,."." )2)
.~ ~" <J.'::!lJ
~~
ss.
14TH
day of
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BONO WITH AN INCEPTION DATE AFTER
~;[PL
January 19
,20
03
SECTION 00660
NOTICE OF AWARD FORM
TO: APAC - Florida, Inc., Macasphalt Division
655 SR419
Winter Springs, FL 32708
PROJECT DESCRIPTION:
Asphalt Resurfacing of Various City Streets
Bid #ITB-01 S-02/AH
The OWNER has considered the BID submitted by APAC - Florida. Inc. for the above-described
WORK in response to the Advertisement for Bids dated Mav 29. 2002, and Instructions to
Bidders.
You are hereby notified that your BID in the amount of $135.753.65 for BID items contained in the
Bid Schedule has been accepted.
You are required by the Instructions to Bidders to execute the Agreement 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 certificate of insurance 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
OWNERS acceptance of your BID as abandoned and 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,this 12t~,day of June, 2002
OWN'FR: City of Winter Springs
.. . By ", Jf Uj!
'-P~ R M L' ,..1
U' " on Ie emc.,!:e
..
Title City (v1anager
ACCEPTANCE OF NOTICE
Receipt and-rlcceptance of the above NOTICE OF AWARD is hereby acknowledged by
this the 14 .....dayof -=t~t->6 .2002.
BL~L-~~
Title V L<:..€, l?~'S.(..h.<:C:.Jo....-r-