HomeMy WebLinkAboutZoser-Chaudhry LLC Construction Group Agreement -2000 06 28.~
AGREEMENT FORM
THIS AGREEMENT made this 28th day of June, 2000 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 Zoser-Chaudhrv LLC Construction Group, State
of Florida, herein referred to as CONTRACTOR, a person duly licensed as a Contractor in the
State of Florida, as follows:
1. DESCRIPTION OF WORK -CONTRACTOR shall perform the work, in accordance
with the Contract Documents for the construction of the WTP #1 Boundary 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 Form and Index to Drawings; all Addenda issued prior to and all
Change Orders issued after execution of this Agreement. These form the Contract and are
incorporated into this Contract by this reference.
3. CONTRACT TIME -The CONTRACTOR shall begin work within 10 days after the
issuance of a written Notice to Proceed and shall complete the work within 60 calendar days from
the date of the Notice to Proceed. Extensions, if any, are authorized by OWNER, and may only
be granted in writing.
4. LIQUIDATED DAMAGES -OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
substantially complete within the time specified in Paragraph 3 above, plus any extensions
thereof allowed in accordance with the General Conditions. They also recognize the delays,
expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss
suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of
requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for
delay (but not as a penalty) CONTRACTOR shall pay OWNER $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 consideration of Ten ($10.00) Dollars as
consideration for this provision.
5. CONTRACT PRICE. UNIT PRICE CONTRACT -The OWNER will pay the
CONTRACTOR in current funds for the performance of the work, subject to additions and
deductions by Change Order, the Total Contract Price of Thirty Two Thousand One Hundred
Fifty Four and 00/100 Dollars ($32,154.00). Payments will be made to the CONTRACTOR
for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of his
Bid, which shall be as fully a part of the Contract as if attached or repeated herein.
6. PROGRESS PAYMENTS -OWNER shall make progress payments on account of the
contract price to CONTRACTOR, on the basis of application for payments submitted to the City or
their authorized representative, by CONTRACTOR as the work progresses, and in accordance
with the Contract Documents.
Progress payments may be withheld if:
(A) Contractor does not make prompt and proper payments to subcontractors;
(B) Contractor does not make prompts and proper payments for labor, materials, or
equipment furnished him;
L:
(C) Another Contractor is damaged by an act for which Contractor is responsible;
(E) Claims or liens are filed 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.
7. FINAL PAYMENT -OWNER shall withhold up to 10% of the Contract Price throughout
the project. The Owner shall release 50% of the amount withheld upon issuance of the
Substantial Completion Certificate. The remaining 50% of the amount withheld shall be released
with the Final Payment after the issuance of the Final Completion Certificate. OWNER shall
make final payment to CONTRACTOR within thirty (30) days after the work is fully and properly
completed, if the contract has been fully and timely performed, but subject to the condition that
final payment shall not be due until CONTRACTOR has delivered to OWNER a complete release
of liens arising out the contract, or receipt releases of lien fully covering all labor, materials and
equipment for which a lien could be filed, or in the alternative a bond satisfactory to OWNER
indemnifying him against such claims.
By making payments OWNER does not waive claims including but not limited to those relating to:
(A) Faulty work appearing after substantial completion has been granted;
(B) Work that does not comply with the Contract Documents:
(C) Outstanding claims of liens; or
(D) Failure of Contractor to comply with any special guarantees required by the Contract
Documents.
CONTRACTOR, by accepting final payment, waives all claims except those which he has
previously 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:
a. General Administration of Contract. The primary function of the City is to provide the
general administration of the contract. In performance of these duties 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
term of this 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 the
worksite at all times during work preparation and progress. The Project Director is not
obligated to make exhaustive or continuous on site inspections to perform his duties of
checking and reporting on work progress, and any such inspections shall not waive
Owner's claim regarding defective work by Contractor.
d. Interpretation of Contract Documents: Decisions on Disputes. The OWNER will be
the initial interpreter of the contract document requirements, and make decisions on
claims and disputes between Contractor and Owner.
e. Resection and Stoppage 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.
Pavment Certificates. The OWNER will determine the amounts owing to
CONTRACTOR as the work progresses, based on CONTRACTOR's applications and
OWNER's inspections and observations, and will issue certificates for progress payments
and final payments in accordance with the terms of the Contract Documents.
9. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in
connection with the project herein are as follows:
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely
responsible for all construction under this contract, including the techniques, sequences,
procedures and means, for the coordination of all work. CONTRACTOR shall supervise
and direct the work, and give it all attention necessary for such proper supervision and
direction.
b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline
among his employees, and he agrees not to employ for work on the project any person
unfit or without sufficient skill to perform the job for which he was employed.
c. Furnishins~ of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor,
materials and equipment, including tools, construction equipment and machinery, utilities,
including water, transportation, and all other facilities and services necessary for the
proper completion of work on the project in accordance with the Contract Documents.
d. Pavment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall
secure all licenses and permits necessary for proper completion of the work, paying the
fees 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. BOND -CONTRACTOR shall supply a materials, performance and payment bond(s) in
accordance with Florida law and to the satisfaction of OWNER, in an amount specified in
the Contract Documents.
11 MEDIATIONNENUE -The parties agree that should any dispute arise between them
regarding the terms or performance of this Agreement, both parties will participate in a
mediation. The parties agree to equally share the cost of the mediator. Should the
parties fail to resolve their differences through mediation, then any cause of action filed
hereunder shall be filed in the Circuit
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.
S
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Signe Baled and Delivered CONTRACTOR:
in t esenc
Name
~' ~ EaLl~.o/t!!S
Address and Telephone
~%~l~r /~Q,-,C~ /~_~! 3 Z 789
S" ~S-ov
Date:
OWNER:
CITY OF WINTI~2 SPRINGS -
G - -. -
By: Ronald W. McLemoro~ -
~~±± t~ l/' City Manager ':. ~ _
~-l T~+U ~S Winter Springs, FL. sL~T08 _ -
407-327-1800
END OF SECTION
9
ACORD
CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY)
~ 05/26/2000
PRODUCER 407-657-8808
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
CAPLE HOWDEN INS. AGENCY, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
6911 UNIVERSITY BLVD.
WINTER PARK, FL 32792 INSURERS AFFORDING COVERAGE
INSURED INSURER A: SCOTTSDALE INSURANCE COMPANY
ZOSER - CHAUDHRY, LLC
INSURER B:
CONSTRUCTION GROUP
INSURER C:
2281 LEE RD., STE 204
2 INSURER D:
WINTER PARK, FL 3
789
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD DATE MM/DD LIMIT8
GENERAL LIABILITY EACH OCCURRENCE $ 1 ~~0 Q00
A X COMMERCIAL GENERAL LIABILITY OPS0015063 04/27/0 04/27/01 FIRE DAMAGE (Any one tire) a 50 0
CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 1 000
PERSONAL 8 ADV INJURY S
GENERAL AGGREGATE $ 2 000 00~
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPlOP AGG S 2 000 000
POLICY JE a LOC
AUT OMOBILE LIA&LITY
ANY AUTO COMBINED SINGLE LIMIT
(Ea accident)
$
AlL OWNED AUTOS
SCHEDULED AUTOS BODILY INJURY
(Per person)
$
HIRED AUTOS
NON-0WNEDAUTOS BODILY INJURY
(Per accident)
S
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG S
EXCESS LUIBILITY EACH OCCURRENCE $
OCCUR ~ CLAIMS MADE AGGREGATE S
S
DEDUCTIBLE $
RETENTION S S
WORKERS COMPENSATION AND TORY LIMITS ER
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT
S
E.L. DISEASE - EA EMPLOYEE S
E.L. DISEASE -POLICY LIMIT S
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BYENDORSEMENT/SPECIAL PROVISION8
CERTIFICATE HOLDER ~ ~ ADDITIONAL INSURED: INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 Q DAY8 WRITTEN
CITY OF WINTER SPRINGS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 80 SHALL
ATTN: GEORGE EDWARDS IMP08E NO OBLIGATION OR LU1&LITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
1126 EAST STATE ROAD 434 R Arnes.
WINTER SPRINGS, FL 32708 AUTHORIZED EPRESENT I
ACORD 25-5 (7/87) ~ ~ ®A,ccncu cc~Kr~riA I wN T arts
r
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
F~ORIdA
S U R ETy
BoNds,
INC.
05/19/2000
City of Winter Springs
1126 East SR 434
Winter Springs FL 32708-2799 (407) 327-1800
222 S. WESrMONrE DRIVE, SUITE 307
ALTAMONTE SPRINGS, FL 32714
407.786.7770
Fax 407.786.7766
888.786-BOND (2663)
Fax 888.718-BOND (2663)
WUIW. F~ORIdAS URETYBONdS.COM
Re: Authority to Date Bonds and Powers of Attorney
Principal: Zoser Chaudhry LLC Construction Group
Bond No.: 166479
Project: Bid #ITB-007-00-GE, WTP #1 Boundary Wall
Dear Sir or Madam:
Please be advised that as Surety on the above referenced bond, executed on
your behalf for this project, we hereby authorize you to date the bonds and
the powers of attorney concurrent with the date of the contract agreement.
Once dated, please send a copy of the dated bonds to our office.
Sincerely,
North American Specialty Insurance Company
K,~ ~~w-~
Kim E. Niv
Attorney-in-Fact and
Florida Licensed Resident Agent
14lEM~R~N
TO: Andrea Lorenzo - Luaces, City Clerk
FROM: George Edwards, Capital Projects
G~~
City of Winter S~r(nas Bid' #__ lT y6-Q07-0~/GE
DATE: July 5, 2000
Transmitted herewith are the following executed documents for your files:
1) Notice of Award
2) Agreement
3) Notice to Proceed
4) Cert~cate of Liability Insurance
5) Performance Bond and Labor end Materials Payment Bond
GFE 7/500 Maaad wad Docunai