HomeMy WebLinkAboutWater Equipment Services, Inc. Agreement- 1999 7 28
SECTION 00500
AGREEMENT
THIS AGREEMENT MADE THIS 2B ~ DAY OF J...)~ ' 1992between the CITY OF
WINTER SPRINGS of 1126 East State Road 434, Winter Spri gs, Florida 32708, Seminole County,State
of Florida, herein referred to as OWNER and Water Equipment Services, Inc. of Sarasota, 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, of Aerator Replacement at Water Treatment Plant #2.
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. LIOUIDATED 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 ($10.00) Dollars as consideration for this provision.
5. CONTRACT PRICE, LUMP SUM CONTRACT - The OWNER will pay the CONTRACTOR in
current funds for the performance of the work, subject to additions and deductions by Change Order,
the Total Contract Price of Forty Thousand and 00/00 Dollars ($ 40,000.00 ). 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.
The Owner shall release 50%of the amount witheld 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 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 pursuan~ 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 Superyision 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. 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 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 (I the
applicable party at the address shown on the first page of this Contract.
~_J\11tC./,InC .
Signed, Sealed and,Delivered
int~
d< !
c;;z. of Winter Spring~
,tddu/ /))1 ~
-By: Ronald W. McLemore
City Manager
1126 East State Road 434
Winter Springs, FL. 32708
407-327-1800
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PRODUCER. (94i)923~i2i8.. ............FAX(941)g.23=ii6s..
alek Insurance & Bonds
P.O. Box 20702
2079 Constitution Blvd.
Sarasota, FL 34231
Atto: Shell ey Dutton
INSURED
DATE (MM/DDIYY)
07/21/1999
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
Mount Hawley Ins. Co./Agy Mkting
Ext:
307
COMPANY
A
Water Equipment Services Inc
6389 Tower Lane
Sarasota, FL 34240
COMPANY
B
Amerisure Insurance Company
COMPANY
C
TIG Insurance Co./Agy Mkting
COMPANY
D
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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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X OCCUR:
MGL 0123824
OWNER'S & CONTRACTOR'S PROT ,
A
B
AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-DWNED AUTOS
CA 1089337
GARAGE LIABILITY
ANY AUTO
EXCESS LIABILITY
C X UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
B THE PROPRIETOR!
PARTNERS/EXECUTIVE
OFFICERS ARE:
OTHER
XLL38017613
WC 1281813 02
DESCRIPTION OF OPERATlONSlLOCATlONSNEHICLES/SPECIAL ITEMS
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
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.
CUl\'IBERLAND CASUALTY & SURETY CO~IPANY POWER OF ATTORNEY
TAMPA, FLORIDA
PRINCIPAL Water Equipment Services. Inc. EFFECTIVE DATE
6389 Tower Lane Sarasota
(STREET ADDAESSL_
CONTRACT AMOUNT FORTY '!HOUSAND OOLLARS
=
(CITY)
Florida 34240
(STATE) (ZIP CODE)
AMOUNTOFBONDS' 40.000.00
POWER NO.CC- ?2037
KNOW ALL MEN BY THESE PRESENTS: That the Cumberland Casualty & Surety Company. a corporation duly organized
under the laws of the State of Florida. having its principal office in the City of Tampa. Florida. pursuant to the following resolution.
adopted by the Board of Directors of the said Company on the 7th day of April. 1997. to wit:
"Resolved that the President of the Company shall have authority to make. execute. and deliver a Power of Attorney constituting
as Attorney-in-Fact. such person. firms. or corporations as may be selected from time to time.
Be it Further Resolved. that the signature of the President and the Seal of the Company may be affixed to any such Power of
Attorney or any certificate relating thereto by facsimile. and any such powers so executed and certified by facsimile signature and
facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is
attached,"
Cumberland Casualty & Surety Company does hereby make. constitute and appoint Edward J. Valek n or
Shelly Dutton or Kevin DOlon or James Valek State of. Florida
its true and lawful attorney(s)-in-fact. with full power and authority hereby conferred in its name. place and stead. to sign. execute.
acknowledge and deliver in its behalf. and its act and deed. as follows:
The obligation of the Company shall not exceed two million (S2.000.000.00) dollars.
And to bind Cumberland Casualty & Surety Company thereby as fully and to the same extent as if such bond or undertaking was
signed by the duly authorized officer of the Cumberland Casualty & Surety Company. and all the acts of said attomey(s) pursuant to
the authority herein given. and hereby ratified and confirmed.
I~ WITNESS WHEREOF, the Cumberland Casualty & Surety Company has caused these presents to be signed by an
officer of the Company and its Corporate Seal to be hereto affixed.
CL':\IBERLA.~D CASCAL TY & SeRETY CO:\IPA~Y
~A .
Edad J. Ed,nfi,l ~
)
) SS
COCNTY OF HILLSBOROL'GH) /~"tItf'",
On this 7th day of April, A.D. 1997, before me personally came Edward J. Edenfield IV, to me known, who being by me duly
sworn did dispose and say; that he resides in the County of Hillsborough, State of Florida; that he is President of the Cum-
berland Casualty & Surety Company, the corporation described in and which executed the aboye instrument; that he knows
the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order
of the Board of Directors of said corporation and that he signed his name, thereto by like order.
)
)
COCNTY OF HILLSBOROCGH)
I, the undersigned, Secretary of the Cumberland Casualty & Surety Company, a Florida Corporation, DO HEREBY
CERTIFY that the foregoing and attached POWER OF .\ TTORNEY remains in full force.
Signed and Sealed at the City of Tampa.
STATE OF FLORIDA
STATE OF FLORIDA
S5
BE Y A~~ JER
. Notary Public. Slate of Flo da
My Commission Expires Aug 2 . 998
No. CC 402276
Bonded Through Offici,}1 n.lolt9 ,mice
Dated the
day of .19_
9::.11t~~
, ,
MEMORANDUM
RE:
/'
Andrea Lorenzo - Luaces, Deputy City Clerk (}I i
George Edwards, Capital Projects Coordinator (jI}(J
Documentation for Project #011-99
Aerator Replacement - Water Treatment Plant #2
TO:
FROM:
DATE:
August 4, 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 and Labor and Materials payment Bonds