HomeMy WebLinkAboutCloud 9 Services Inc. Form of Agreement -2003 04 03
Attachment No.1
FORM OF AGREEMENT
THIS AGREEMENT made this day of , 2003 between the CITY
OF WINTER SPRINGS of 1126 East State Road 434, Winter Springs, Florida 32708, Seminole
County, . State of Florida, herein referred to as OWNER and Cloud 9 Services
Inc. , State of Florida, herein referred to as the Design/Build Contractor,
a person duly licensed in the State of Florida, as follows:
1. DESCRIPTION OF WORK -.COORDINA TOR shall perform the work, in accordance with'
the Contract Documents of the Design/Build Sedimentation tank and related work.
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all
Technical, General and Supplementary Conditions and Sections contained in the Project
Manual; all Addenda issued prior to arid all Change Orders issued after execution of this
Agreement. These form the Contract and are incorporated into this Contract by this
reference.
3. EXECUTION TIME - The COORDINATOR shall begin work within' 10 days after the
issuance of a written Notice to proceed and the contract shall be for a period of 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. LIQUIDATED DAMAGES - NOT USED
5. CONTRACT PRICE. UNIT PRICE CONTRACT - The OWNER will pay the Design/Build
Surge Tank Modification for the EAST WATER RECLAMATION FACILITY
CONTRACTOR in current funds for the performance of the work, subject to additions and
deductions by Change Order, the Total Contract Price of Fifty four thousand five hundred
twenty eiaht Dollars ($ 54,528.00 ). Payments will be made to the CONTRACTOR on a
monthly basis as delineated in the Schedule of Unit Prices included as a part of his Offer,
which shall be as fully a part of the Contract as if attached or repeated herein.
Thirty (30) days after presentation of the Application for Payment to Owner the amount
recommended will become due, and when due will be paid by Owner to the CONTRACTOR.
Progress payments may be withheld .if:
(A) Contractor does not file reports with Owner in a timely manner; ,
(B) Owner is damaged by an act 'for which Coordinator is responsible;
. (C) Claims or liens are filed on the job; or
(D) In the opinion of the City of Wi I"!ter Springs, Contractor's work is not being performed
satisfactorily.
6. DESIGNATION OF PROJECT DIRECTOR: 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 Kipton Lockcuff or
..
a. General Administration of Contract. The primary function of th$;,tity is to provide the
general administration of the contract. In performance of these duti,s Kipton Lockcuff or
his authorized representative is the City's Project Director during th~ entire period of the
contract. The OWNER may change the Project Director during the term of this contract.
, r: '~1 .
b. Insoections. Ooinlons. and ProQress Reoorts. The OWNER ~.~~all be kept familiar
with the progress and quality of the work overseen by the CONITRACTOR and shall
'. make periodic visits to the work sites. The OWNER will not b:i:t: responsible for the
CONTRACTOR'S failure to perform the work in accordanci&' with the Contract
Documents.
c. Interoretatlon of Contract Documents: Decisions on Disoutes~\:;rhe OWNER will be
the initial interpreter of the contract document requirements, an~' ;make decisions on
claims and disputes between CONTRACTOR and OWNER.
d. Payment Certificates. The, OWNER will determine the,:$mounts owing to
CONTRACTOR as the work progresses, based on CONTRACTCJR'S applications and
OWNER's inspections and observations.
9. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR'S c1~.ies and rights in
connection with the project herein are as follows:
a. Resoonsibilitv for DesiQn and Construction Suoervision. Unl~r this contract, the
CONTRACTOR shall be solely responsible for the design an(bonstruction of this
project, including the techniques, sequences, procedures ar\~ means, for the
coordination of all work. CONTRACTOR' shall supervis13and. direc~,;the work, and give it
all necessary attention for such proper supervision and direction.
b. Discipline and Employment. CONTRACTOR shall maintain at al~Klmes strict discipline
among its employees that it may employ, and agrees not to enilt~oy for work on the
project any person unfit or without sufficient skill to perform the j~~ for which he was
' ,
employed.
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c. FurnishinQ of Labor. Materials. etc., CONTRACTOR shall prQiJ!ide and pay for all
labor, materials, and equipment, including tools, construction equipr~ent and machinery,
utilities, including water, transportation, and all other facilities and s!gttvices necessary for
the proper completion of the work, on the project in accordan(l. with the contract
. documents. . .
d.Payment of Taxes: Procurement of licenses and Permits. lC~bNTRACTOR shall
, -' secure all licenses and permits necessary for proper coordination oif:'the work, paying the
fees therefor. CONTRACTOR warrants that it (and subcontrac11lPrs or tradesmen, if
required and authorized in the Contract Documents) holds or wil(:secure all trade or
professional licenses required for CONTRACTOR to undertake the 'WOrk.
e. CONTRACTOR shall provide a written guarantee for work and 111aterials for one (1)
calendar year after acceptance by OWNER. .
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10. BOND - NOT REQUIRED
11. MEDIATIONNENUE - The parties agree that should any dispute arise between them
regarding the terms or performance of this Agreement, both p~rties will participate in
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. 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.
Signed, Sealed and Delivered CONTRACTOR
in tt1e'presence of:
I ~
uti, (!.()Il t? \ A J J!_.<.-.Q
~'~ Nicoie L Selvers
*1 *Mv CommiSsIon CC851408
~,. Of...:/ Expires July 1. 2003
OWNER:
CITY OF WINTER SPRINGS
Z
By: Ronald W: McLemore
City Man~ger .
1126 East State Road 434
Winter Springs, FL. 32708
407-327-1800