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HomeMy WebLinkAboutAllstate Paving Agreement -2004 08 25 J \ , ~ s~... I.. ) CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Utility I Public Works Department ~REEMENTFORM . THIS AGREEMENT MADE THIS .;2/1< DAY OF ~"P~/?'18e7Z. , 2004 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 Allstate Paving, Inc, 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 Intersection Improvements - Moss Road and State Road 419. 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 120 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 preceding 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 ofTen ($10.00) Dollars as consideration for this provision. 5. CONTRACT PRICE. UNIT PRICE CONTRACT - The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Two Hundred Forty-one Thousand Nine Hundred Fifty-four Dollars, ($ 241.954.00). 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) 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 fumished him; (D) Another Contractor is damaged by an act for which Contractor is responsible; . '.. f ( } , . Page 2 August 10, 2004 (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. 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 altemative 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 (0) Failure of Contractor to comply with any special guarantees required by the Contract Documents. 8. DESIGNATION OF PROJECT DIRECTOR OR ARCHITECT OR LANDSCAPE ARCHITECT: 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 Gregory A. Bishop. 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 ProQress 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 perfolTTl 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. Reiection 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. . j , -, \ r.. ) ~ . . Page 3 August 10, 2004 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. Resoonsibilitv for Suoeivision 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. Discioline and Emoloyment. 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. FurnishinQ 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 thereof. 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 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. , -, ) '. . .,. ... i } . . Page 4 August 10, 2004 :i;n):} ~e presenoo of Namp 1e5 Title fCt0cA ~rI o-;yg Lf Business Address dY\{(nJo ~. 6~;;Y.r City, State Zip ( Dat~"~o{ OWNER: CITY OF WINTER SPRINGS ~~'?~ ---- ~"'f<~'~ ~-=:> By: Ronald W. McLemore City Manager 1126 East State Road 434 Winter Springs, FL. 32708 407-327-1800 From: Darlene Sullivan At: Sihle Insurance Group FaxlD: Sihle Insurance Grou To: A~ TAMY/HABEEB ALl uate: /l/;jllU'I lL:U'II-'M I-'age:.<: at L .. . '. ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP 10 DS\ DATE (MM/DDlYYYYI ALLST-6 08/31/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RiGHTS UFOiHHE CERTiFiCATE SIHLE INSURANCE G~OUP, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. BOX.16039B ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ALTAMONTE SPRINGS,FL 32716 Ph6ne~407-869-0962 Fax;407-774-0936 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Amerisure Insurance CO. INSURER B: Bridgef'ield Employers tllS Co. . ~lUtate ~avina' Inc. INSURER c: . . 1---'-'--._,-......,,---, n. ,.---_____._. n. "_.'_n --_____~__._._,_... ... . .__._..____ .___.._ uh,. 2 Pate Roa INSURER D' Orlando FL 32822 INSURER E: , COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED. NOTWITHSTANDING ANY ReOUIReMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITII 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 DF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD;a POLICY NUMBER ~'i~~1J~~,w;E P8k~CEY,~WhrwRN L TR INSR TYPE OF INSURANCE UMITS GENERAL liABILITY EACH OCCURRENCE '51,000,000' f-- A X COMMERCIAL GENERAL LIABILITY c:;L2008621000000 04/03/04 04/03/05 l)AMAu~ 1l)"~NI~l) 5 50,000 PREMISES (Ea oecurence) CI AIMS MAOr I X OCCUR MED EXP (Any Dna person) 5 5,000 X XCU-Broad Form' PO INSURANCE IS PRlMAFY PERSONAL & AnV INJURY $1,000,000 . X Contractual $1000 PO DEDUCTIBLE/OCCUR GENERAL AGGREGATE 52,000,000 ' t- .. GEN'LAGGREGATE LIMIT APAS PER: PRODUCTS. COMP/OP AGG $2,000,000 Ii IxlPRO- POLICY X J~CT LOC AUTOMOBILE LIABILITY COWBINED SINGLE LIMIT A X ANY AUTO CA1386393010003 04/03/04 04/03/05 (Ea accident) $1;000,000 --.----< ...._~.._,._---_._.... . . .. .._...~...._._.. ALL OWNED AUTOS BODILY INJURY f-- $ SCHEDULED AUTOS (Pet person) f-- X HIRED AUTOS BODIL Y INJURY ~ $ ~ NON,OWN~U AU ros (Per accident) PROPERTY DAMAGE $ INCLUDED (Per accidenl) GARAG e LIABILITY AUTO ONLY, EA ACCIDENT $ l ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESs/UMBRELLA LIABILITY EACH OCCURRENCE $ =:J OCCUR D CLAIMS MADE AGGREGATE $ 5 I DCDUCTlllLE $ RETENTION $ $ WORKERS COMPENSATION AND X I T);"~YS~~WS I u~;;' . B EMPLOYERS' LIABILITY 830-31094 01/01/04 01/01/05 E.L. EACH ACCIDENT 51,000,000 ANY PROPRIETORlPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE, EA EMPLOYEE $ 1 , 000 , 000 ~m,~t'~~~v1S~O~S balow EL. IJISEASE' POLICY LIMIT $1 000,000 OTHER A INLAND MARINE R/IM1386440 04/03/04 04/03/05 ~ LEASED EQ $100,000 . ALL RISK* .2500 ded DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIp,L PROVISIONS CONTRACT AMOUNT; ~41, 954.00 DURATION 6 MONTHS .CERTIFICATE HOLDER CANCELLATION WINTERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA TlON City of Winter Springs DATE THEREOF, THE ISSUING INSURER WILL 'ENDEAVOR TO MAIL 10 DAYS WRITTEN Building Department NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Fax#407-327-6695 IMPOSE NO OBlIGA TION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR 1126 East S .R. 434 Winter Springs FL 32708 REPRESENTATIVES. . AUTHORIZE PRE ACORD 25 (2001/08) @ACORD CORPORATION 1988 SECTION 00610 BONDII 04-4371-pp PEP~ORMA~CEBONDFORM THIS INSTRUMENT WITNESSETH: That we (1) Allstate Paving. Tn/". a and regularly (2) Corporation organized under the laws of the State of 1"1 n,.i i1", authorized to do business In the state of Florida as Principal, and we (3) ~. First Sealord Surety . ' (2)' Corporation' . organiied under th.e laws of the State of Pennsylvania and regularly authori2:ed to do business In the State of FlOrida as Surety, are held .and firmly bound unto hereinafter called the Owner In accordance with a Contract hereinafter referred to, In the penal sum of , . ~~r~~t41 954.00 ) lawful moneyofthe (4) Twq Hundred Fortynnptnnm::.<lnrl Ni,..,,,, J.l"tl. 1h 'e\lT. . United States. well and truly to be paid unto the said Owner, for. e payment of which w.e bInd ourselves, our heirs, executors, administrators; successors and assignees, jointly snd severally, firmly by these , presents; . , WHEREAS: the said Principal has enteredirita a written contract with the Owner dated Paving for the work designated as Intersection Impro~ted , in Moss Rd, Winter Sprinfb.1 conformity with Contract Documents hereby referred to and made a p~rt hereof, the same to all Intents and purposes as jf written at length herein. In which Contract the said Prlnclpal"has' contracted to. perfonn. the work-specified in said Contract in accordance with the terms thereof; NOW, THEREFORE. the conditIon of this obligation Is such that if the Principal shall faithfully perform the . Contract on his (Its) part, and satisfy all covenants, terms, conditions and agreements Incurred by the Principal in the performance of said Contract, during the original term ther~of, and any extensions thereof which may be gramed by the Owner, with or without notice to the Surety, and shall satisfy all claims and demands arising thereunder. and shall fully indemnity and save harmless the Owner from all cost and damage which 'the Owner might sutter by reason of the failure of the Principal to do so, and shall fully reimburse and repay to the Owner all costs, damages, and expens'es which the Owner may incur in making good any defau,t by the PrIncipal, Including any default based upon failure of the Principal, to fulfill hls obligation to furnish maintenance, repairs, or replacements for any period of time after the work Is completed, if provided for in said Contract. then this obligation shall be null and void, otherwise It shall remain In full force and effect. IN ADDITION, the Principal and Surety. Jointly and severally, expreSSly guarantee that all materials . . furnished and WOrkmanship performed under the Contract and In the construction of the work shall fulfill all requirements of the Contract and the Contract Documents with respect to them. This bond shall remain In effect for a ~rlod of one year' . IT JS HEREBY STIPULATED AND AGREED that any suit based upon any default of the Principal In fulfilling his obl/gatlons to furnish maintenance, repairs, or replac;ements for any period of time after the Work is completed, if provided for In the Contract, may be brought at any time up to six months after ~e expiration of the time specified in the Contract during which the Contractor has . agreed to fumish such maintenance or make such repairs or replacements. THE SAID SURETY, for value received. hereby stipulates and agrees that no ch'ange, extension of time, alteration or addition to -the terms of the Contract or to the Work to be performed thereunder or the Contract Documents accompanying the same shall In any way affect Its obligations on this Bond, and it do'es hereby waive notice of any such change, extensIon of time. alteration or addition to the terms of the Contract or "to ' the Wor'(.. or to the Contract Documents. PROVIDED, FURTHER, that no finel settlement between the Owner :and the Contractor shall abridge the right of any beneficiary. hereunder. whose claim may be unsatisfied. (1) Contractor (2) Sole Proprietor, Partnership,' or Corporation (3) Surety (4) 110 percent of the Contract 17 . ~ / IN WITN~SS WHEREOF I this instrument is executed In several counterparts. each One of which shall be deeme~.an-origln~J. this the 26 day of August ,2004. aving, Inc~' By: '. .., .' . ...,.... -- Title; \ ~-.re<;. (S~L) Ct. irst sealo/) Snty . By.. 1<- r c . TrUe: De1dre . ~ett, Atto~ . (Attomay in fact) . (1) Cont-actar / (2) , Surety END OF SECTION 18 . . SECTION 00620 BONDI! 04-4371-PP LABOR AND MATERIALS PAYMENT BOND FORM THIS INSTRUMENT WITNESSETH: That we (1) Allstate Paving. Inc. . a (2) . Corp .~' organl~ed under the laws of the State of Florida and regularly authorized to do business in the State of organized under (3) Florida as Principal, and we (4) First Sealord.. a (2) C:or:p .the laws of the State of PA and regularly authorized to do buslness In the State of (3) 1<'T as Surety. are held and flrmly bound unto (5) ilnter ~PringR hereinafter called the Owner in accordance with a Contract hereinafter referred to, in the penal sum of (6) $ n 1 ,9<;6. 00. Dollars ($ ) lawful money of the United States, well and truly to be paid unto the said Owner. for the payment of which we bind outselves.1 our heirs. executors, administrators, successors and assignees, JolnUy and severally, firmly by these presents. WHEREAS, the said principal has entered Into a written contract with the Owner . dated for work designated as Pauip located in Me~~ Rd conformity with Contract' Documents hereby , . r,eferred~o and ..made a part hereof, the same to all intents and purposes as if written at length hereln,,in . .'..' . which Contract the said Principal has contracted to perform the work specified In saId Contract in accordance with the terms thereof; NOW, THEREFORE, the condition of this obligation Is such that jf the Principal shall faithfully satisfy all claims and demands Incurred by the. Principal of said Contract, and shall pay all obligations arising thereunder, and shall fully. indemnify and save harmless the Owner from all cost and damage which the . OWner might suffer by reason of t~e falll,lre of the Pi'lnclpal to do so. and shall fully reimburse and repay to the Owner all costs, damages, and expenses which the Owner may incur in making .good any default by :1 the PrInCipal, and shall promptly make payment Of prevailing wages to all persons supplying labor, equipment Qr materials for use in the prosecution of the work, whether by subcontractor or otherwise, and ., including all insurance premiums on said work as provided for in such Contract. then this obligation shall 'be null and void, otheJWlse it shall remain In full force and effect. I IN ADDITION. thll Principal and Surety, jointly and severally, expressly guarantee that the .Owner will be held harmless from any liens, claims, demands or obligatIons in conjunction with materials or services provided with respect to this .contract. This bond shall remain in effect for a period of one year from the I date of finel acceptance. The Owner may sue on this Bond, and any personfumishing material or performing labor, either' ~s an individual or asa Subcontractor, shall have the rlght to sue on. this Bond in the name of the Owner for his use and benefit. The said Surety, for value received, hereby stipulat6s and agrees that no change, extension of time, alteration oraddltlon to the terms of the Contract or to the Work I to be performed thereunder or the Contract Documents accompanying the same shall in any way affect its .. obligations on this Bond, and it does hereby waive notice of any such change. extension of time, alteration or addition to the terms of the Contract or to the Work or to the Contract Documents. . . PROVIDED, FURTHER, that noflnal settlement between the Owner and the Contractor shall abridge the I' rlght of any beneficiary hereunder. whose claim m~y be unsatisfied, . . - ( 1) Contractor I (2) Sole Proprietor, Partnership or COrfloratlon (3) State in Which project is located (4) Surety (5) Owner I (6) 110 percent of the Contract I I I 19 . I" .:; Public Works I Utilities .~ Department Inter Office Transmittal Andrea Lorenzo-Iuaces To: From: Greg Bishop, Capital Projects Coordinator Department: City Clerk Date: 9(1/2004 Re: Contract Documents Intersection Improvements - Moss Road and SR 419 Turn Lane . 0 As Requested o Attached ~ For Your Use o Approved as Submitted o Approved as Noted o Returned as Noted 0 Sign and Return D Return _ Copies .: ;>~#~#.~~~~i. :":'~,!,'~i'.,.\.":,..:.'_;;{ ,..:~;::..',:,.:. ~"'r ..' 1 Notice of Award Letter 1 Contract Agreement 1 Certificate of Liability Insurance 1 Certificate of Performanace Bond 1 Certificate of Labor and Materials Bond 1 Surety Power of Attorney . Comments: