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HomeMy WebLinkAboutRoe Construction & Utility Services -2001 09 11 AGREEMENT FORM THIS AGREEMENT MADE THIS It!j DAY OF ~Rf""j..(f3~1C " 2001 between the CITY OF WINTER SPRINGS of 1126 East State Road . 34, Winter Springs, Florida 32708, Seminole County, State of Florida, herein. referred to as OWNER and Roe Construction & Utilitv Services, 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 Town Center Off-Site Sanitary Force Main, 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 1 0 days after the issuance of a written Notice to Proceed and shall complete the work within 75 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 $500,00 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 of Ten ($10,00) Dollars as consideration for this provision. 5, CONTRACT PRICE, UNIT PRICE CONTRACT- The OWNER will pay the CONTRACTOR in current funds for the. performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Three Hundred Six Thousand EiQht Hundred Twenty Nine Dollars and Thirty Seven Cents ($ 306.829,37). Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit . Prices included as a pa'rt 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 ba$isof application for payments submitted to the City or their authorized representative, by CONTRACTOR as the work progresses, and in accordance with the Contract Documents, 00520-1 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 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 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. 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, P,E. 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 Proaress Reports. The OWNER shall be kept familial with the progress and quality of the work by CONTRACTOR and may make periodic 00520-2 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 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. 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, f. Payment Certificates. The OWNER will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTORS applications and OWNERS 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 - CONTRACTORS duties and rights in connection with the project herein are as follows: a. Responsibilitv 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 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. 00520-3 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. Signed, Sealed and Delivered in the presence of: , /A:/2, 1!u4<<~~ ANd", Ref?... ' 9:1:-4 ; , V I~ ../,'e. .e(J~ I Contractor: Ae ~'/15JI"l-<J~J1 f{ fill 4 Q,~I~j.2'~ '- Nllme 1/ u. BdX- 9J'o'.(\{ r L-tt/te. fY)arL~ fL J2 /'} 9 f"- (j<t'/? Address and elephone , ~u7- 3)l/-Q 1)} Date Cj>0---U./ OWNER: CITY OF WINTEftSPRINGS ~~~~ ,/~~ By: R~nal~,. W.' !v1cLemore Cit~ Mahager , \ . I ' , 1126 Ea~t. Sta:te lioad 434 ' Winter Spri'ngs., FL. 32708 407-327 -1 800 'Ii I('S I ~~~,' ~Of"~ (,. .6-tlJ-e 5(J" e 00520-4 MEMORANDUM TO: Andrea Lorenzo - Luaces, City Clerk FROM: George Edwards, P.E., Capital Projects Coordinator RE: Documentation for Project #ITS-DOS-D1/GE Town Center Off-Slte SanltaN Force Main DATE: September 24, 2001 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 "',,"f:;t~~, ' { ( NOTICE OF A WARD TO: Roe Construction and Utility Services, Inc. P.O. Box 950448 Lake Mary, FL. 32795-0448 PROJECT DESCRIPTION: Town Center Off Site Sanitary Force Main, Project #ITB 005-o1/GE The OWNER has considered the BID submitted by you for the above described WORK in response to the Advertisement for Bids dated April 8. 2001. and information for Bidders. You are hereby notified that your BID has been accepted for the bid items in the amount of J306.829.37. You are required by the Information for Bidders to execute the Agreement and furnish the required Contractor's Performance Bond, Payment Bond, and certificates of insurance within ten (10) calendar days from the date of this Notice. If you fail to execute said Agreement and to furnish said Bonds within ten (10) calendar days from the date of this Notice, said OWNER will be entitled to consider all rights arising out of the Owner's acceptance of your BID as abandoned and your BID BOND shall be forfeited. The OWNER will be entitled to such other rights as may be granted by law. You are required t~,T~turn an acknowledged copy of this NOTICE OF AWARD to the OWNER. , Dated thi,s 29~ day of 'jJo~r ,2001 'I "By: ";,' t!~IIJ ~ " "" I' , ' "J Title: City Manager ./ / ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is here y acknowledged by Roe Construction and Utility Services. Inc. this the ;)..9!3 day of t ,2001. BY~~ Title ~eJl/~1 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 NOTICE TO PROCEED TO: Roe Construction and Utility Services, Inc. P.O. Box 950448 Lake Mary, FL 32795-0448 DATE: The Effective Date of this Notice to Proceed is Seotember 18. 2001 PROJECT: Town Center Off-Site Sanitarv Force Main City of Winter Springs Bid No. ITB-005-0l/GE In accordance with the Agreement dated September 11, 2001, you are hereby notified to commence WORK within 10 days of this NOTICE TO PROCEED and to complete the WORK 75 calendar days from the effective date of this NOTICE TO PROCEED. The completion date of all WORK is therefore December 2,2001. By fl~M-Wt<-- Name Ronald W. McLemore I Title City Manager ACCEPTANCE OF NOTICE TO PROCEED Receipt of the above NOTICE TO PROCEED ~d 200~. . , reby acknowledged this I J' ~ay of By Title ~5, ~tJ- "''''':f,~'<:'- 09/03/01 WED 08:~0 FAX 8310043 SLATON INS ORL. III 001 .:'.;' . '..... . . ,. ,. ';>~'~:iSI"" I.rtt~" i'SiB' \~"::~'Vi1(.^~m'~~;f~~lt"fN."'" :~"'" ...."., " ... M:!J.:BD. 'n'~;im~' ",: '6' ~m. t:i "~#~':'liifmEluji ;::I~;..,:ji'rl . ~ . ;;~ftODUC!~:'" '".,. : :.,.A~;~:;\:~)) i.ji,.;:L!,;:i::;',:l..;~:~:;:~~:,-..". i;~~::j:i~~;:f, :;::\:..::::;.: ~~:.;,::::;:~::~~::..x..~!U::'(:~;L;~";I;~TE 18 I' A MA RNATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTlFICA.T& DOI$ NOT AMEND, EXTEND OR ALTeR THE COVERAGE AFFORDED BYTHE POLICIES BELOW. COMPANlBS AFFDRClNO COVERAGE 11.~on Ins o~ O~1aftdo, InO. P.O. Be.x 0818 e....lt..I:~ I'L 32'718-0B78 Deanna Bo1Lng . .lM.=.831- INlIUN!O COMPANY A OWners 1:n.u~anoe COIIIpany COMPANY B Auto-CWna:s In.uran.,. age COD8b'uot.Lon , Ut.:Llity '''0 l'C Bo& 950448 ~k. Mary ~ 327gS-0t41 ~"fW( c 'eCI If.Itual Ins'G:lIDC8 Co. r:.otII'AHV o ~PP~~' " " ~ m1i~j~!~~ ~~~~~~~! !~)~~~: ~.;~ ~:~~~.r; :;j!:~~;:;~~~;;t~:t,?~.iJ'~~;;Cf.;1~~~;~;:;;~;~~;;;;~~;;;;;; H~j!;!~H~~i;i~f~f:~:;;~:,~ i1!;~;;~~i;~:i]j~! ~:~!jt!~~;~~r:::;:j~r;i~!~H5;~;;;~ff.~~~::!.~f:;;t;:~;r~~~:;:'i~~?5S~~~;1.~'lr;~ '~'.f.::'{.~ :~:;!::;f!~: f :.~ r ~r~ THlIII10 CI!RT1FY THl\T 1Hi POIJOE8 01' INlIUIWICll! lIIT!D Il!l.DW HAWIUN IWIID TO THE IN8lJlIID NAMeD AIOVI fIOllI THa IJOl.lCV IlIRlOO INOICA'I'l!D. N01WlTl1srNlOlG Nlf RIiClUlRiMiNT. TIiRM OR CDNIlITlON 0' ANY CONTRACT OR DTNlA tIOClttl&NT WI1H MlHCT '\'0 WHICHTHII CIRTFlC;AT& MAY Ie IMUeo Oft ~T f'UTNH. THI! IJlIURANCII AFFORll&O IT THi POUCI!S oeSCPltBeO HI!lU!IN 111U1J1CT TO ALl. TH& TSW8. I!lCCLU'J:lNlI ANC CONDI'TIONI OF euc:H POLICIes. LMra ~ IMY Mill! II!I!N RlDUCID IV PAID Cl.AIM8. ~ 'M'! 01' INSUlWfCI! PQl.1C'( NUMlliR "OLley l!..ecTMI POLICY IiiXPlAAllON LUn DA'l'l! Ir.tVllDOITYI DAll! (MMIDD/VY) *1,000,000 12/04/00 12/04/01 11 000 000 '1.000~O .1 000 000 . 100~0 . 10 000 COMIINlb IIHGU! UIo'IIT . 1I0ll1L Y INN"" . (ptI' ,.....", IODIL V INJUftY I 1N'1Celf1ll) I'ftOP!M'Y twMCe . GI!NIR. II. LIUIUT't' A. X OCtllMMCw.lRNetW.UI'JlIUT't' 2056862? 1 CUIMlI NADSi ~ OCCUR X CN 1NM'8 & CON'1'ftACTOlt'I IfIlOl' X IJICLUDJ:S ZCU AU, OWN!D AUTOS SC 1!!DULID AUfOS HI:!D AlII'Ot NC: N-OWNI!D AUTOS GMAGl!L~ ~ ANfAUTQ ~~ II X WM!UA'OfW aT -tlR 'TIWI UMlAaLA FORM WORt<EW CCNI'!H~T'IOIC A.0Cl iMPLO'\ ERIl' LNLlTY 20510493 12/04/00 12/04/01 MO ONLY. EAACCa!N'I' I amp! TtWI AUTO CN.V: IACH ACClOIffr AGGREGATE I!ACtt OCCUlUII!NCI! ~TE .).::-.: .....:. (,~:.......\\......" '... .......... :'~. ~.!..,~~ ~..~.~::,;:;:.: ~':; ,;: . . .1 000 000 11.000,000 , C THt! ""'IPRIII'QRI PAImII A.-xII;l.ITIV; O,,1CEJ1a Me: O'TWfiR lNCJ. X 5XQ. 48111011 01/24/01 eLeACliACClDeNT .500000 01/24/Q2 -.DIIWi.POI.IC't'I.MT '500000 ILDI8IA8I!-IA!WLOVEl! .500000 l!aCIW'rlON CfI OPEMTIONIII..DCl-'TtOMNIHICI IMPIICW.ITiMl ~I,,~i8!IMirUI 30 J)Q'$ MOTtCS 01' CMTC&t.LA'rJOM Ol( NOU&I\ IS ~~tTJ~~ ~~;~~i ~~ ~~Vj:5~"[ :f :;'~:r:: .f ~~.:!:~!;~~:j.:;~:~:~:~;~::h~:;: ~;j f:!~'+:~' ~ ~~~:':"~ ~::~.; r~ ;:F~;;~j!i~; ~ ~~ ;i~~ ~~~~~~i~\O~~~~rj~~M~i;f~i~.~lfl!i~:i~~~~~~~;~tl~~: ~I~:~~~1 ~.:ir.1;;f:~ ;;~;~~~:f~?:~f~i;~'~: ;:r~: ~'~ CII'IWIP C!IT! O!' WDtWR S&DfGi .'AX : .07-327-"'5 ,.ftN: .. GIlORGI: JmDRDS, 11.1:. 3121 KU'1' .DB ROaD .34 ,~~ I~ ~ 32708-27" m~~~ ~ ,~'" '. . ~}:!:~~~ ~1:~~~r::'Z:~~~ ;:,;{.~~~~~~~t~~;:~;Ul~~m~~~~r~~!~;~r:M~~:r.~~~;?;;~;;.;~:;;1i~;;~~;;;i::!. Sep 05 01 10:28a Robert Franz (4071366-3506 (' CERTIFICATE OF INSURANCE p.2 f ~AlIstate~ You'nlln good hands. I81ALLSTATE INSURANCE COMPANY []ALLSTATE INDEMNITY COMPANY OALLSTATE TEXAS LLOYD'S THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICle~ BELOW. CERTIFICATE HOlDER NAMED 1N8URED Nl/Tle and Addr... of Pa1v to Whom Ihb Certificate Is Issued Name and Addr.. or II18Un!d OIlY OF WINTER SPRINGS ROE CONSTRUCTION & UTILITY SERVICES, INC. 1126 EAST STATE ROAD 434 P.O. BOX 9504-48 WINTER SPRINGS, FL 32708-2799 LAKE MARY, FL, 32795-0448 this Ie to certify th8t pollclea rllllIUrance lIsted below have btllll luueel to the InaUl'lld Mmed Ibove lIUbject to tile expnl/on date indicated belOW, notwlthatancllng any requirement, term or condition of any contract or other document with r..pect to wflIch tIU certirlClte may be i8euecl or may pertain. The hIlnnce lIfforcled by the poIleill8 dHCrib.d herein is IUbject to lIII the tarma, axcIusloM, and conditio". of auch policies, TYPE OF INSURANC! AND UMITS Policy COMMERCIAL GENERAL LIABIUTY Number UnIt GENERAL AGGREGATE LIMIT (other than PraductlI. COIl'lj:llIt8d Op8ratlona) PRODUCTS. COMPLeTED OPERATIONS AGGREGATE UMIT PERSONAL AND ADVERTISING INJURY UMtT EACH OCCURFtENCE LIMIT PHYSICAL DAMAGE LIMIT MeDICAL EXPENSE UMIT WORKERI' COMPENlAnON & EMPLOYERS' LIABIlITY COIMnIIJ. WORKERS' COMPENSATION EMPlOYeFlS' UABILITV Effecllw Olle Explnlllon DC. Amount $ $ $ $ $ $ ANY ONE LOSS ANY ONE PERSON Policy Number Eff8etIve Oate Expiration Date AUTOMOBILE UABlUTY STATUTORY. alXlitll8 onlY-in the followTrilltatee: 80DIL Y INJURY BY ACCIDENT BODILY INJURY BY DISeASE BOOIL Y INJURY BY DISEASE PoIJoy Number 048133351 LImIta S S $ EACH ACCIDENT EACH EMPLOYEE POLICY LIMIT Basis o ANY AUTO 181 OWNED AUTOS IT HIRED AUTOS Elf8ctlve Date Elcp/r8lion olle 12130101 o SPECIFIED AUTOS o NON-OWNED AUTOS 12130100 I.ImItII CombIned 8&na1i1LImIt of LIIbIlitv BODLY INJ~Y& PROP!Im' DAMAGE I $ 1.000 000 &DI1t UabIIIlv limits "-tv DlImIUe 1 EACH ACCIDENT UMBRELLA LlA8ILITY DOWNED PRNA TE PASSENGER AUTOS o OWNED AUTOS OTHER TJolAN PRIVATE PASSENGER Policy Number I 1$ IodIly Injury Eaeh $ $ s PERSON ACCIDENT Ellplntlon Date EACH OCCURRENCE I PRODUCTS - COM IS RATIONS AGGREGATE $ OTHER (Show lYDlI af PoIlcIr\ Policy NUmber Eflllc:tive Date Expi'ation Dlte .::O_~~1~1!:1!bP~liON.SlloCAl1bN$7VeFriClESIR~$TF!(PTId"SiSPEq~!.~M$:!:';::::::;::::.... ... .... . .... ..... .. : :i:;; ~:;~:::F~;;:) 1rrrITi~' ~;:::::}r!H~f:~ ::: :::: ~;: ~.;: ." ....... ... ........... ..u..._..... .: :.:,:f::::t'......._.~..........; .-.-.-.-............ ... _\.... (Ir~. ~--rc /~'1.~\''\'''"\ Ault1ol1!ed Rep Should any of the above described polICIes be cane,Hed before the expir.tion date, the iAuing oompany will endeavor to mall within the number of days entered above, written notioe to the cestlficllte holder named above. But fI/IU'a to mailllUCh notice shalllmpoee no Obligation or liability of any kind upon till camoanv. Its eaents or reDl'fleentatlves. CANCELLATION Number or days notice 10 ~t...m~ 2,~\ R28~3-1 I I, , . . Ib:D fMm36 ~1brl in 2 <hatEqmt.s SECTION 00605 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that R:e Cl::rEt::ru:::t & utility Serv.io:s, Ire. (Name of CONTRACTOR) ro lhc 950448, ram M:IIy FL 32795-0448 (407) 324-0355 (Address of CONTRACTOR) a Cb:pxatim , hereinafter called (Corporation, Partnership or Individual) Principal, and G.111 rOo tu:::s B:::n:fu'q ani In:u::an::B <llQ:Bnv (Name of Surety) 1213 Valley st., SEm'tJ~ m 98109 (D;) 622-7053 (Address of Surety) hereinafter called Surety, are held and firmly bound unto (1) City of WiJta:' ~ HJr , hereinafter called OWNER, in the full and just Sum of 'Ib:ee ll.rxbrl. SiX** DOLLARS, ($ D5,829.37 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred ten percent (110%) of the Contract Price. THE CONDITION OF THIS OBLIGATION is ~ch that Whe~re s, the Principal entered into a certain Agreement with the OWNER. dated the J I 1:1 day ,_ ..f~h? hvt.. . , 7a=> I . a copy of which is hereto attached and made a part hereof for the co structJon of (2) P.toia::t fInB 005-01/G!" '1tw1 Cl:I'b:r Offsite S3ni.tary Rxte Mrln in tre vicini.qr. of fR434 an 'll.B:Bwilla, Wirta: ~FL (1) NtIme 01 Owner (2) Name of Project idenrifiod in /f1strvctions to BicJdef$ ThiS bond Is being entered Into to satisfy the requirements of Section 255.05(1), Florida statutes and the Agreement referenced above, as the same may be amended. The Surety shall be bound by any and all alternative dispute reSOlution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this Obligation is such that If Principal: 1. Promptly and faithfully performs its duties. all the covenants, terms, conditions, and agreements of said Agreement including. but not limited to the Insurance provisions, guaranty period and the warranty provisions. in the time and manner prescribed in the Agreement, and 00605-1 *1126 E. fR434, Wirter ~ FL 32700 (4CJ1) 327-59fYJ ~ EUj1t Elni:ai 'l\a1ty Nire & TI 1100 Ib1.lars . . . ( 2. Pays OWNER all losses" damages. delay damages (liquidated or actua!). expenses, costs and attorneys' fees, including costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Agreement. and 3. Satisfies all dalms and demands incurred under the Agreement, and fully indemnifies and holds harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so, then this bond is void; otherwise it shall remain in full force and effect. 4. This Bonds shall remain in effect for at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. The coverage of this Performance Bond is co-equal with each and every obligation of the Principal under the above referenced Agreement and the Contract Documents of which the Agreement is a part. In the event that the Principal shall fail to perform any of the terms, covenants and conditions of the Agreement and the Contract Documents of which the Agreement Is a part during the period In which this Perfonnanee Bond is in effect. the Surety shall remain liable to the OWNER for all such loss or damage. ' In the event that the Surety fails to fulfill its- obligations under this Performance Bond. then the Surety shall also indemnify and hold the OWNER harmless from any and 811 loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the tennination or cancenation of this Performance Bond. The Surety stipulates and agrees that its obligation is to perform the Principal's work under the Agreement und.r the Bonet The following shall not be considered performance under the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents, (Ii) Surety's offers to OWNER to buy back the Bond, and (Iii) Surety's election to do nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the Surety. The Surety agrees that its obligation under the bond is to; (I) take over performance of the Principal's Work and be the completing Surety even if performance of the Principal's Wotk exceeds the Principal's Contract Price or (ii)re-bid and re-Iet the Principal's Work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's Work and furnishing adequate funds to complete the Work. The Surety acknowledges that Its cost of completion upon default by the Principal may exceed the Contract Price. In any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by OWNER. The Surety. for value received. hereby stipulates and agrees that Its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent (il) waivers of compliance with or nay default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. 00605- 2 .~ ~: (' Any changes in or under the Agreement and Contract Documents and compliance or noncompliance with any fonnalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. --Further, Principal and Surety acknowledge that the Sum of this Bond shall Increase or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to the Agreement and Contract Documents. The Labor and Materials Payment Bond and the Performance Bond and the covered amounts of each are separate and distinct from each other. This Bond is intended to comply with the requirements of Section 255.05(1), ROOda Statutes, as amended. and additionally, to provide common law rights more expansive than as required by statute. The Surety agrees that this Bond shall be constn.led as a common law bond. IN WITNESS WHEREOF. this instrument is executed this the _day of ATTEST: ~[~re' ~~ (Pili pal) Secretary JZ{ /,'~ Roe.. Typed Name . (CORPORATE SEAL) Typed Name SEan L. Ieid1 Typed Name 1m Cl:rBtnJ:tim & utility Servia:s, In::. P7!lZ~ By (Signature) 1 / II / Ian Roe !res ,tlo..d Typed Name and T~e ro 1Dc 950448 Address IaJe Mny FL 3279S-{)448 City, State. Zip (Witness to Principal) (4fJl) 324-0355 Telephone No. (407) :m-7109 Facsimile No. <U ~ · a ~ I I{ S B::nii.n:J am li13lI:arI:e <b1pmy Surety (~) 622-7053 (tm) 950-1558 Telephone No. Facsimile No. 00605-3 ... ( ( (CORPORATE SEAL) ~~. f'fJ~~ Witness as to Surety 'lSn:s:l 1.. R:birBn Typed Name By.d~./-,--,:'-,..") ~ ~~~ Attorney-in-Fact c/, . Bit::ricia 1.. ~ - At:ta:nay in FaX & . FL L:i.ca:Hrl IEs:id:d: ~ . " ., " Typed Name ........ ~ ~Ahf Wltn as to Surety " Jan~ Typed Name 1213 Valley st. Address 9=attJe ~ 96109 City, State, Zip *( 407) 7f!h.-7TlO Telephone No. (407) ~77ffJ Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture. al/ venturers shall execute the Bond. If CONTRACTOR is partnership, all partners shall execute the Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury DepartmentDs most current list (Circular 570 as amended) and be authorized to transact business In the State of Florida. unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power-of-Attomey appointing individual Attorney-in-Fact for execution of Performance Bond on behalf of Surety. END OF SECTION 00605-4 -:Ill , B:ro. fMB936 ~brl. in 2 O::u4.t::Lf:.t:ILU:s ( ( SECTION 00610 LABOR AND MATERIALS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that 1m ~ & utility Servia=S, In::. (Name of CONTRACTOR) ro B::K 950448, laJQ9 MD:y FL 3Z795-0448 (407) 324-0~ (Address of CONTRACTOR) hereinafter after called a ax~cn (Corporation, Partnership or Individual) ili4 I ~ j 0:5 a:rrl:irg ard JrEll]taIl:B 0::rlpKW (Name of Surety) ", Principal, and 1213 Valley st., SEttle ~ 98109 (206) 622-1053 (Address of Surety) * hereinafter called Surety, are held and firmly bound unto the City of Wjnt~ SDriras, hereinafter caned OWNER, in the full and just Sum of 'Dm3e Iln.bd Six ~ '. I DOLLARS. ($ :Jl6,829.n ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns. jointty and severally. firmly by these presents. The sum shall not be less than one hundred ten percent (110%) of the Contract Price. THE CONDITION OF THIS OBUGA TION is such that whereas, the Principal entered into a certain Agreement with the OWNER, dated the .l.1.!!!-day of ,7~' ,and made a~rt hereof the construction of Town Center Ofts/te ani Main. , P.r:ojEd: #DB 005-01/~ in tre vicinity of The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW. THEREFORE, the condition of this obligation is such that if Principal shall promptly make payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the WorK provided for in the Agreement. then this obligation shall be void: otherwise, it shall remain in full force and effect subject, however, to the following conditions: 1. This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as the same may be amended. 2. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall, within forty-five (45) days after beginning to furnish labor. Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR with a notice that he intends to look to the Bond for protection. 00610-1 *1126 E. ffi434, WintEr ~ FL 32700 (407) 3Z1-r:JJOO **Ei.<jt: Itnbrl 'llBt:y Nile & n /100 ~ll;m:; ( ( A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or suppDes shall within ninety (90) days after perfonnance of the labor or completion of delivery of the Materials or supplies, or, with respect to rental equipment, within 90 days after the date that the rental equipment was last on the job site available for use. deliver to the CONTRACTOR and to the Surety written notice of the perfonnance of the labor or delivery of the Materials or supplies and of the nonpayment. No action for the labor, Materials or supplies may be instituted against the CONTRACTOR or the Surety on the bond after one (1) year from the performance of the labor or completion of the delivery of the Materials or supplies. 3. The Surety, for value received, hereby stipulates and agrees that Its obligations hereunder shall remain in full force and effect notwithstanding (I) amendments or modifications to the Agreement entered Into by OWNER and Principal without the Surety's knowledge or consent, (ii) waivers of compliance with or any default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent. or (in) the discharge of Principal from its obligations under the Agreement as a result of any proceeding Initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. 4. Any changes in or under the Agreement or Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under.thls Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shaU increase or decrease In accordance with the Change Orders (unilateral and bilateral) or other modifications to the Agreement or Contract Documents. 5. The Perfonnance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. 6. This Bonds shall remain in effect for at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. IN WITNESS WHEREOF, this instrument is executed this the _ day of 20~ (CORPORATE SEAL) ~ Cl:ml::Iu::tim & utility S:s:v.ices, :rn:. (P~~ By ( ignature) Allan ((De) ~~-/- T}1>Sd Name and Tide 10 B:K 950448 Address ATTEST: .W~~ "p pal) Secretary 'j 1'1'",./,' e. R O-t, Typed Name 00610-2 ( ( Witness to Principal Iale M:Iry EL ~ City, State. Zip Typed Name Witness to Principal Typed Name :~~ (Surety) Secretary a.s:n L. Iei.d1 Typed Name a..a. · C:I(~XS B:rDin3 am IrEuI:arJ:e O:npmy Surety (:ni) 622-7053 Telephone No. (ax>) 9'3}-1558 Facsimile No. (CORPORATE SEAL) ~.fltld~ Witness as to Surety 'lB:esa L. R:biIB:n Typed Name w;::6.o ~~~ ;. Jan~ Typed Name By' ~.J1A.J':' --) Y N~>.L.ZZi:::-. Attom~~n.f:~ .. . Patricia L. - At:t:a:rey .in Fc:d: & EL Li.csa:d leIid:rt: 1q:rt:!r Typed Name 1213 valley st. Address S:attle ~ 96109 City, State, Zip *(407) 7f!h-7T1O Telephone No. (407) 7f!x;..:nfEJ Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, ell venturers shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business In the State of Florida, unless otherwise specifically approved in writing by OWNER. A IT ACH a certified copy of Power-of-Attorney appointing individual Attorney-in-Fact for execution of Payment Bond on behalf of Surety. END OF SECTION 00610-3 .- -"-~,,,,:--," .