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Home My WebLink AboutA.P.E.C., Inc. Agreement September -1999 09 10 SECTION 00500 AGREEMENT t c' THIS AGREEMENT MADE THIS 10 ' DAY OF-.:2_C<:~~~-R-. ' 199$i'between the CITY OF WINTER SPRINGS of 1126 East State Road 434, Winter Sp ings, Florida 32708, Seminole County, State of florida, herein referred to as OWNER and A.P.E.C"Inc. of Orlando, 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 Hayes Road Turn Lanes. 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 calendar 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. 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 $100.00 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 ($10.00) Dollars as consideration for this provision. 5. CONTRACT PRICE. LUMP SUM CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Sixty Nine Thousand Two Hundred Fifty and 00/00 Dollars ($ 69,250.00 ). Payments will be made to the CONTRACTOR based on the Lump Sum Bid amount, the Schedule of Values, and subject to completion of the work, in accordance with the Contract Documents. 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) Work is found defective and not remedied; (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 Contractor 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 PAYMENT - OWNER shall withhold up to 10% of the Contract Price throughout the project. ._----,--_..._--~-~".""'....__...,<'"'." ... _......"'......-._,.~".<>-w"""__~...---_.". .~____~.~~~~""C' . .,~..,._~..........._---_.----_.- 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 all liens arising out of 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, Capital Projects Coordinator, 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 Proaress 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 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 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. Rejection 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. f. Payment 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. 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. 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. MEDIATION/VENUE - 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. 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 in the presence of: Contractor: ~. \> -E -( . \0\. (~___ Name: mOJ'1 1'7 ":::-ovlo ~ . Address and Telepfione: ~ Owner: B : Ronald W. McLemore City Manager 1126 East State Road 434 Winter Springs, FL. 32708 407-327-1800 ""ember 17.1999 10:25 AM To: George Edward From: Thomas E. CorkhiU. 898-8813 Page: 2 of 2 ACORD. eeRtlr::ICAtrEQFLJf\alL.Ii)'INStJfflAf\JY~> .. .- . -...... :.:' <CSRJQ,f< . D" T!; (MWDOIYY) .' . .A1?l!:CI;;'1/ 09/17/99 . PROD<JCER THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION ThQlDas E. Corkhi,11 Ins. Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 20 S. Bumby Avenue HOLDER. 11-IIS CERTIFICATE oaES NOT AMENO, EXTEND OR P.O. :Box 538891 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orlando FL 32853 COMPANIES AFFORDING COVERAGE Scott CorJchi11 #A054965 COMPI>N'f pnone No. 407-898-8891 407-898-8813 A CRA Insurance COUlpany FilXNo INSIJRSJ COMPI>N'f B COMPI>N'f Apec, Inc. C P.O. :Box 50903 _._-~--~-- COMPI>N'f Ora1ando FL 32819 0 ...........................................: :-:......><. .....:..........<................:.................:.:. .... :<.. ................<........ .'. .. ....... ........ .....:... ..... ..... .... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LIST EO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATED, NOTWITHSTANDING IWf REQUll'IEMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUeD OR MAY PERTAIN, THE INSURANCE AFFORDED 8'1 THE POLICIES DESCRIBE!) HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS. co TYPE OF INSURANC~ POLICY NUl>1BER POUCY EFFECllVE POUCY EXPIRATION U""TS LTR D'-TE (MIMlOlYY) Q.\TI! (MWOOlYYl ~NERAl Ll'&.rTY GENERAl. AGGREG>o T!; $ 2 , 000, 000 A ~ COMMERCIAL GENERAl. Llo\BlLITY B 1078992532 03/19/99 03/19/00 PROO\JCTS - CO",PIOP ACC S 2 , 000 , 000 ----- =:J CUMS MADE [!] OCCUR PERSON.ol. & I>DV INJURY S 1. 000 000 - OWNER'S & CON-rw-CTOR'S PROT E"CH ocCIJRRENCE S 1, 000, 000 FIRE DAMAGE (My one hre) S 100,000 M{;D eXP (My one pors<>n) S 5,000 ~OMOl3ll.!O lIABll.I1Y cOMSINED SINGLE LIMIT $ /W'( AUTO - -- - ALL OWNED AUTOS BOOll. Y INJURY $ SCHEDULED AUTOS (per person) - - HIRED AliTOS BODILY II\lJURY S NON-OWNED AUTOS (per aCCident} - - PROPERTY DAMAGE $ GAR!oGE UABIl.I1Y "UTO ONLY. EA ACCiDENT $ -- - /WV,t.JJT0 OTHER THAN AUTO ONLY: < ............................... EACH ACCIDENT S AGGREGATE $ EXCESS UABlllTY EPo.CH OCCURRENCE S ~ UMBREllA FORM "(3GREGATE S OTHER~UMBREUAFORM $ WOI'lKERS COMPENSATION AND 1v;:'~~A~S I 10~ 1....-........................................ EMPLOYERS' UABII.rTY $100,000 EL ~H ACCIDENT A THE PROPRIETOR! ~:NCL TBA 09/09/119 09/09/00 EL DISEASE. POLICY LIMIT $ 500, 000 PARTNERSlEXECUTtvE OFFICERS .-.RE X EXCL EL OISi:ASE. i:A EMPLOYEe S 100 000 OTHER DESCRIPTION OF OPERATIONSIlOCATIONSIVEHlCLESlSPECIAl ITEMS Attn: George Edward ...... .... .............................. ..<> >....> > ".><.., ......: ..... ,..... ..... -..... .. WINTE-8 SHOUlD ANY OF 1l1E ABove DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSlRNG COMPAN'Y' VVIlL ENDEAVOR TO MAlL dL DAYSWRIl"fEN NOTICE TO THE CERTIFlCAT!; HOLDER NAMED TO THE LEFT. City of Winter Springs SUCH NQTICE SfW.I.IMPQSE NO OBLlCATioN OR UNJIUTY 1126 E. SiR 434 OF I-NV I'JND UPON THE COMPANY, ITS AGEt'rTS OR REPRESENT AilYES Winter Springs FL 32708 "'-'THQRlZED REPRESENTATIVE Scott Corkhill .- ACORD2S-S(1/95) .... ...... .... .. . ..... .... ..................... .. .......... ....... ACORD CORPORATION 19B5 -----~'-~...-' ., FloRidA SURElY BONds, INC. ~ 222 S. WESTMONTE DRivE, SUiTE ~07 AhAMONTE SpRiNqS, FL ~ 2714 407,,786,,7770 FAx 407,,786,,7766 888"786,,BOND (266~) FAX 888" 718"BOND (266~) WWW.FlORidASURETyBoNds.COM September 01, 1999 City of Winter Springs 1126 East SR434 Winter Springs FL 32708-2715 Re: Authority to Date Bonds and Powers of Attorney Principal: APEC, Inc. Bond No.: 0707-17011 Project: Project #014-99, New Turn Lane, Curb & Gutter, Striping Overlay @ Hayes Road, SR434, Winter Springs FL 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, John Deere Insurance Company J~,/ZQ;J- Jeffrey W Reich Attorney-in-Fact and Florida Licensed Resident Agent I,fEAfQAANDU~ TO: FROM: RE: DATE: Andrea Lorenzo - Luaces, Deputy City Clerk George Edwards, Capital Projects Coordinator Documentation for Project #014-99 Have$ Road rum Lane September 17, 1999 Transmitted herewith are the following executed documents for your files: 1) Notice of Award 2) Agreement 3) Notice to Proceed 4) Certificate of liability Insurance 5) Performance Bond and Labor and Materials Payment Bond