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HomeMy WebLinkAboutSunshine Building and Development Agreement Form Distribution Water Main Improvements -2002 11 01 ",-' . . J ". AGREEMENT FORM THIS AGREEMENT MADE THIS /!r DAY OF dVM1It>>- .2002. 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 SUNSHINE BUILDING AND DEVELOPMENT CORPORATION, State of Florida, herein referred to as CONTRACTOR. a person duly licensed as a Contractor in the State of Florida, as follows: 1. DESCRlellQN OF YyQf3K - CONTRACTOR shall perform the work. in accordance with the Contract Documenb. at for the Distribution Water Main Improvements. 2. C~<fT ~~MENT$ - 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 TlMg - The CONTRACTOR shall begin work within 10 days after the issuance of a written Notice to Proceed and shall complete the work within 90 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. UQUIDATEP PAMA<)E~ - OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 3 above. plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense. and diffICUlties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $500.00 for each day that expires after the time specified in Paragraph 4 for final completion until the work is finally complete, and that OWNER has paid to CONTRACTOR the consideration of Ten ($10.00) Dollars as consideration for this provision. 5. CONTRACT PRICE. V"'fT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work. subject to additions and '. (B) Contractor does not make prompt and proper payments to subcontractors; (C) Contractor does not make prompts and proper payments for labor, materials, or equipment furnished him; (D) Another Contrador is damaged by an act for which Contractor is responsible; (E) Claims or liens are filed on the job; or (F) In the opinion of the City of Winter Springs, Contractor's work is not progressing satisfactorily. 7. FINAL PAYMl;ffl- 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 fmat payment to CONTRACTOR within thirty (30) days after the work is fully and properly completed, if the contract has been fully and timely perfonned, but subject to the condition that final payment shaH not be due until CONTRACTOR has delivered to OWNER a complete release of liens arising out the contract, or receipt releases of lien fully covering all labor, materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to OWNER indemnifying him against such claims. By making payments OWNER does not waive claims including but not limited to those relating to: (A) Faulty work appearing after substantial completion has been granted; (B) Work that does not comply with the Contract Documents: (C) Outstanding claims of liens; or (D) Failure of Contractor to comply with any special guarantees required by the Contract Documents. 8. D~SJ(,;NArION PJ= PR~ECT DIRECTOR OR A8~HITECT Q~ ENGINe~R; D~TI{:~ 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 perfonnance of these duties, Gregory A. Bishop or his authorized representative is the City's Project Director during the entire period of constNction. The OWNER (City) may change the Project Director during the tenn of this contrad. b. InsDections. ODlnions. and prqaress ReDOI1$. 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 wiH not be responsible for the means of construction, or for the sequences, methods, and procedures used therein, or for the CONTRACTOR's failure to perfonn the work in accordance with the Contract Documents. ------_.-- - -- ---,- ----- - --- - -- ---,--.. ---;:-.'I7J:";:...,. --- . . , . . c. Access to Wo~ ,or InsDeCtions. The OWNER shall be given free access to the worksite at all times during work preparation and progress. The Project Director is not obligated to make exhaustive or continuous on site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive Owne"s daim regarding defective work by Contractor. d. Intel'Dretation of Contract D9cuments: ~"Ions on DI~Dutes. The OWNER will be the initial interpreter of the contract doCument requirements, and make decisions on daims and disputes between Contractor and Owner. e. ReJection and StoDDaqe of Wort. The OWNER shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof, when necessary. f. PaYment Certifict~.. 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 rmal payments in accordance with the terms of the Contract Documents. 9. f\ESPO~_unQ QF CONTRACTQR - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. ResDOnSi&!ttiW for SUDervi,ion 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. pisciDline and EmDlovrnent. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishina of, &,Ibor. "'~"'Is. etc. CONTRACTOR shall provide and pay for all labor, materials and equipment, induding tools, construction equipment and machinery, utilities, induding water, transportation, and all other facilities and services necessary for the proper completion of work on the project in accordance with the Contract Documents. d. PaYment of Taxes: Procurement of Ucenses 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. CONTRACT.QB will provide written guarantee for work and materials for one (1) calendar year after acceptance by OWNER. . . . " '\ , 10. PONQ - CONTRACTOR shall supply a materials, perfonnance and payment bond(s) in accordance with Florida law and to the satisfaction of OWNER, in an amount specified in the Contract Documents. 11. ME.PJ~nO~NIJ.e - The parties agree that should any dispute arise between them regarding the tenns or perfonnance of this Agreement, both parties will participate in a mediation. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Seminole County, Florida. 12. NQTlCE$ - Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable party at the address shown on the first page of this Contract. Signed, Sealed and Delivered in the presence of: / ~. .~ L~~ lL- . J~/ Contractor: Sunshine Buil 'ng and Development Corp. .....--...... /; ,,' ) . / h ~ Secretary P.O. Box 180958, Casselberry,FL 32718 Address and Telephone 407/339-67al Date ~~jJ~ ~, OWNER: , CITY OF WINTf;R SPRINGS 1t..N~ ~:'h-A " By: Ronald W. .McLemore City M~nager.' , 1126 East S~,Road 434 Winter Springs, FL. 32708 407-327-1800 , ~~ :RIeStRlul POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Ine. Power of Attorney No. 20747 Certificate No. 1162328 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Lewis Donald Rushing, Gilbert Oswalt Bennett, Robert Harris Dixon, Alan Douglas Moore and Robert Corley Mclendon Pensacola Florida of the City of , State , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and unde~n:~ct~ O{~tted Yl::tions or proceedings allowed by law. IN WITNESS WHEREOF. the Companies have caused this instrulIle .. 'si~ne.d ~\ s~!P~~' day of December 1999 ";t., '. .".~"\ \'i"Y~; A \" \' it)~' " \ ~', r\llii~ States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. @ ~:~~ -----rL€.~ Seaboard Surety Company St. Paul Fire and Marine Insl.J.l' St. Paul Guardian Insunut!\ ti St. Paul Mercury Insurance C~ (t) '~ ~ State of Maryland City of Baltimore THOMAS E. HUIBREGTSE. Assistant Secretary 1st December 1999 On this day of , before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 13th day of July, 2002. ~,t~.~ REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2000 Printed in U.S.A. ~~ 'It'!- '''-'''-,'','''~'~.!!r_~~ '-'!'3-':'~~"'"II"O,~ ..',;0'........., ~' SUNSHBUIL ~ ACDBDn. CERTIFICATE OF LIABILITY INSURANCE I DATE (MWDDIYY) Ji 10/23/02 PRODUCER THIS CE~IFICATE IS ISSUED AS A MATTER OF INFORMATION Fisher-Brown, Inc. (t&:" A o CONFERS NO RIGHTS UPON THE CERTIFICATE H LDl:R. THIS. CERTIFICATE DOES NOT AMEND, EXTEND OR 1701 W. Garden Street ALTER tHE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 711 Pensacola, FL 32593-0711 INSURERS AFFORDING COVERAGE INSURED INSURER A: CNA Insurance Companies Sunshine Bldg & Development CO INSURER B: Attn: Amoret Larosa INSURER c: P. O. Box 958 INSURER 0: I Casselberry, FL 32718 INSURER E: Cllent#. 21552 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. r~f: TYPE OF INSURANCE POUCY NUMBER P~~~Y~:5~ POUCY EXPIRATION UMITS GENERAL UABlUTY EACH OCCURRENCE $ - COMM ERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one filii) $ I CLAIMS MADE D OCCUR MED EXP (Anyone pelSon) $ PERSONAL & ADV INJURY $ - - GENERAL AGGREGATE $ ~1..AGGREnLlMlTnSPER: PRODUCTS -COMPIOP AGG $ POLICY ~~g. LOC ~OMOBILE UABlUTY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) - - All OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - - HIRED AUTOS BODILY INJURY $ NON-QWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) ~RAGE UABlUTY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESS UABIUTY EACH OCCURRENCE $ :::loccUR D CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND WC224762571 04109/02 04/09/03 X I WC STATU- I IOJ:;:- EMPLOYERS' UABIUTY $500,000 E.L. EACH ACCIDENT E.L DISEASE - EA EMPLOYEE $500 000 E.L DISEASE - POliCY LIMIT $500.000 OTHER DESCRIPTION OF OPERATlONSILOCATIONSIVEHICLESlEXCLUSlONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: Distribution Water Main Improvement Wavier of Subrogation pertains to City of Winter Springs. CERTIFICATE HOLDER 1 -1 ADDI11ONALINSURED'INSURERLETTER: CANCELLATION SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Winter Springs DATE THEREC IF, THE ISSUING INSURER WILL ENDEAVOR TOMAlL3.0-DAVSWRlTTEN 1126 East S.R. 434 NOTICETOTH f\ERTlFlCATE HOlDERNAMEDTOTHElEFT, BUT FAILURE TO DO SO SHALL Winter Springs, FL 32708 1M POS NO 0 L~ATlON OR LIABILITY i )PON TH E INSURER,ITS AGENTS OR REPRI BENTA V~S. , JI AUTHC tlZED F ~~~ trATlVE J::1 /j/ I ~ .~ D"{ ACORD 25-S '/9 J (7. 7)1 of 2 #S176531/M157717 WSZ Gl ACORD CORPORATION 1988 .~--- ( ~ .11.. 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. ACORD25-S(7J97)2 of 2 #S176531/M157717