HomeMy WebLinkAboutCurry Controls Company Construction Agreement -2000 11 28
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CONSTRUCTION AGREEMENT
THIS AGREEMENT MADE THIS ?B~ ,DAY OF. r1.. t~~ ,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 CURRY CONTROLS COMPANY, 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 DESIGN/BUILD SCADA SYSTEM,
2. CONTRACT DOCUMENT~ - 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 240 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 thaUime 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 pEmalty) CONTRACTOR shall pay OWNER $500.00 for each day that
expires after the time specified in Paragraph 3 for substantial completion has expired until the work is finally
complete and the Substantial Completion Certificate has been issued 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 Three Hundred Seventy Three Thousand Thirty Four and 00/100 Dollars
($373.034.00), Payment under this Agree'ment shall be in accordance with the Curry Controls Company
Lease-Purchase Agreement.
6. 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) InsDections. ODlnions. and ProaressReDorts. 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,
00500-1
Access to Work Site for Inspections. The OWNER shall be given free access to the works site at
all times during work preparation and progress. The Project Director. is not obligated to make
exhaustive or continuous em 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.
Interpretation of Contract Documents: Decisions on Disputes, The OWNER will be the initial
'. I interpreter of the contract document requirements, and make decisions on claims and disputes
between Contractor and Owner,
(E) Reiectlon and Stoppaae 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, ,
7. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the
project herein are as follows:
(A) Responslbilitv 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,
(8) Discipline and Emplovment. 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 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) Payment 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. .
8. 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,
9. MEDIA TIONNENUE - 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 or County Court for Seminole County,
Florida,
10. 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.
00500-2
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Contractor:
Signed, Sealed and Delivered
in the presence of:
I
; Ad ess and Telephone:
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,!' 1019 PIPKIN ROAD LAK: LAND FL 33811
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l 863-646-5781 .
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Owner:
City of Winter Springs
Jt~ (A). ~~ r
By: Ronald W. McLemore
City Manager
1126 East State Road 434
Winter Springs, FL. 32708
407-327-1800
00500-3
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MEMORANDUM
TO: Andrea Lorenzo - Luaces. City Clerk
FROM: George Edwards, Capital Projects Coordinator
RE: Documentation for Aeslg{ild SCADA Buster
Ci#y of Wi-rter Sprin4s Bid # RFP
DATE: November 28, 2000
Transmitted herewith are the following executed documents for your files:
1) Notice of Award
2) Construction Agreement
3) Lease-Purchase Agreement
4) Notice to Proceed
5) Certificate of Liability Insurance
6) Perfiormance Bond and Labor and Materials Payment Bond
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NOV-15-00 WED~01~13 PM JEFFERSON ALLSOPP FAX N0. 1 863 688 6417 P. 01
i4CORD,M CEaTI~I E OF L.IABILI~'1( INS A111G~ o~iZai2v o
raoDUCER (863)b88-7691 FAX (863)683.3790
]EFFERSON-ALLSOPP, INC.
P 0 SOX 3667 THIS CERTIFICATE iS l5SUE0 AS A 11lATTER OF INFORMATION
ONLY ANO CONFERS N0 RIGHTS UPON THE CERTIFlCA'CE
ttOLDER. THIS GERTlFICATE DOES NOT AMEND, EXTENQ OR
ALTER THE COVERAGE AFFORDEA OY THE POLIGIE9 BELOW.
440 S. FLORIDA AVE.
LAKEIAND, FL 33802-3667 lNSURERSI4FFORDING COVERAGE
INSURED Y L , ~suneRA HARTFORD INS GROUP/MIDDLE MKT SC
P. Q. BOX 5408 INsyRrRa. NATIONAL UNION FIRE/CRC ALABAMA
LAKELAND, FL 33807 ~+suRERC BRI4GEFIEL4 INSURANCE C'~MPAIYY/SUI~IIT
INSURER D:
FA 646-3899 P6°.URERE.
COVERAGES
1'ML PDLICICS Of INSURANCE LfSTED BELOW HAVE 6EEN ISSUEQ TA 1'HE INSUHEU NAMEDABOYE FOR THE POLICY PERIOD MIEkCIITED. NOTWITHSTANDiNO
ANY R£4UIREMGNT, TERM OR CONDITtON OF ANY CONTRACT DR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTif KATE MAY OE M.sSUEd OR
MAY PERTAMl, THE INSURANCE AFFOiZDGp DY TH£ PpLICIES OESCRIBEO HEREIN l5 SUBJECT TO Alt THE TERklS. EXC4USIpNS AND CONDITIpNS 0{/ SUCt~!
PptICIES. AGGREGATE LIMITS SHAWN MAY HAVE BEEN REQUCEO BY PAifZ CLAIMS.
ltR TYPE ~ INSURANCE POIK:Y NUMBER OAj, rM 1pDrYY A IINtATS
GENERAL t.lAeltrrv IUUNXa402s to/oi/zo0a to arJZOOx EAcN ~~I,R>;E,~E i 1, Ooo
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A PERSONAL b AON 1!lJURY i j ,000 ,
GEIYERALAGGRt:GATG i 2,000,
CflN'L AGGItECATE LIMB APPLIES PCR: PRODUCTS - COIVAPlOF AGG i Z ,404
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EXCESS 11A011ITY E7405244 10/41/2000 14/01/2401 EACH ocCURRGNC{ S 9000
X OCCUR ~ CtAIMSMADE nGGRECyITf : 9,000
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YPJRKERS GOMPEMSATK)N AND
CMPCOYERG' IIARILATY 83413428 44/41/2000 04/41/2001 TORY T R
C E t_ EACH ACCIOENt ~ ~ QQ
C. t. DISEASE - EA EMPLOYED S 1 ~ QQQ, Q
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OTHER
gCRIP7101Y OF OPERATWNS+I.OCATIpIiSfVE1pCLEStEXC1{1$ION AbOLp pY ENDORSEMI:NT1SPfC1Af_
ITV OF WINTER SPRINGS/OWNER 8 CPN EN~INEERS, INC. ARE ADD D AS ~DITIONAL INSUREDS QN THE ABQVE
NERAL LIABILITY ANO AUTO LIABILITY POLICY WITH RESPECTS TO DESIGN/BUILLI SCADA SYSTEM.
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CITY OF WINTER SPRINGS
CITY HAIL
1126 E, STATE ROAD 434
WINTER SPRINGS, FL 32708
SHOULD AMY OP THE AOOYE pESCR1000 POtIClk81E CANCEltEO BEfORi• THE
[klKRAYION PATE THEREOF, THE ISSUi~ti COMPANY M/N.L ENDEAVOR TO M41L
3O DAY$1lWBTTEN NOTICE TO THE CHRTIFICATC HOI.OER NAMED TO TN[ t6FT,
DUT FAJLURQ TO MAIL SUCH NOtK:C SIIALL 11wOiE NO OYLKiATION OR tUU31l1TY
OF ANY KIND UtON THE COMPANY, ITS AGENTS OR RiPRE.''iENTATIYES.
AYTHORIZED REPRESENTATIYIF e
x. waYNE wT~sorlr~c~~ -lr~u.Zu~.t..
FAX: (407)327-6695
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` POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania
corporation (herein collectively called "the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in
the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint
James C. Franklin, Jr., Johnny M. Read, Pamela E. Grizzell, Daniel F. Wagner, Angela K Richeson,lndividually
of Lakeland, Florida
their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and
all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof,
duly adopted, as indicated, by the Boards of Directors of the corporations.
In witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 19th day of May 1998
CONTINENTAL CASUALTY COMPANY
~,~~~~rj. ~. ~~'~, ~~rnof'4r NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
~, ~~~, ~ AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
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1897
State of Illinois, Courrty of Cook, ss:
Marvin J. Cashion Group Vice President
On this 19th day of May 1998 ,before me personally came
Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that
he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the
seals of said corporations; that the seals affxed to the said instrument are such corporate seals; that they were so affixed pursuant to authority
given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to
be the act and deed of said corporations.
Jo ~i
N07ARY
pusuc
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My Commission Expires March 6, 2000 Mary Jo Abel Notary Public
CERTIFICATE
I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein
above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the
reverse ereof re still 'n f rce. In testimony ereof have hereunto subscribed my name and affixed the seals of the said corporations
this ay of
CONTINENTAL CASUALTY COMPANY
c~~'~G~CTy Q~, ~~'~~, ~I"0f NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
~, ~~~, ~ ~ ~ ~~. ,~~ AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
/ULY 71,
J SERI. ~c ~. ~ ~ 1902 ~~
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1897 ~
Mary A. Ribikawskis Assistant Secretary
(Rev.10/1 /97)