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Home My WebLink AboutM.H. Williams Construction Agreement -1999 11 10AGREEMENT THIS AGREEMENT MADE THIS ✓, DAY OF ,VD V 199 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, M.H. Williams Construction Incorporated 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, at 1126 East S.R. 434, Winter Springs, Florida for: the City of Winter Springs PARKS IMPROVEMENT PROJECT. 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 300 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 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 TWO MILLION TWO HUNDRED SIXTY THOUSAND SIX HUNDRED EIGHTY NINE and 00/100 Dollars ($2,260,689.00) — (see Attachment A). 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 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 property 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: 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, CaMal 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 Progress 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 shag 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 Stoppage of Work. The OWNER shag 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. Fumishina of Labor, Materials, etc. CONTRACTOR shat provide and pay for al 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 P mits. 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. 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. NOTI ES - 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 11g U pr ence C Name: Michael H. Williams, President Address and Telephone: 5460 Hoffner Ave., Ste. 408 Orlando, FL 32812 (407) 275 -5015 Owner: City /l Winter *14Wnn By: Ronald W. McLemore City Manager 1126 East State Road 434 Winter Springs, FL. 32708 407 - 327 -1800 5460 HOFFNER AVENUE, SUITE 408 W�Williams ORLANDO, FLORIDA 32812 CONSTRUCTION, INC. EMAIL: gr e01wo d @mhOwilla0 s.com Attachment A Prepared for: The City of Winter Springs & SRI Architects and Planners Base bid 2,375,000 accepted alternates A. Central Winds Park 1. Omit clay storage bin -2000 2. Add City Seal Kisk #1 1000 3. Add Kiosk #1 16300 4. Add Kiosk #2 10,000 5. Omit Baseball Us -800 B. Grizzly Field Park 1. Omit in its entirety - 113,126 C. Sam Smith Park 1. Omit irrigation at residencial hedge buffer -1730 2. Add City Seal Kiosk #1 1000 3. Omit Youth Lot curb -3960 4. Delete Tot Lot curb and rail 185 ft. x $ 88/ft - 16,280 4. Add Tot Lot rail approx 185 ft.of rail at$ 45 /ft.(not to exceed) 8325 D. Moss Park 1. Build medium Pavillion in lieu of Large Pavilion - 10,000 2. Add City Seal to Kiosk #1 1000 3. Omit youth lot curb -3855 4. Delete Tot -Lot curb and rail 260 ft. x $ 88.00 - 22,800 5. Add Tot -Lot Rail approx 260 ft. x $ 45/ft (not to exceed) 11,700 E. Sunshine Park 1. Add City Seal to Kiosk #1 1000 2. Omit youth lot curb -2850 3. Delete Tot -Lot curb and rail 202 If x $ 88/ft -17776 4. Add Tot -Lot rail approx 202x$ 45/ft (not to exceed) 9090 F Tocaso Park 1. Add 1 fishing pier not to exceed (includes railings) 17900 2. Add City Seal to Kiosk #1 1000 3. Omit auger pilings (move Bathroom & Pavillion) -25500 4. Add approximately 1200 If of 6' wide sidewalk 13200 5. Add (2) sand blasted wood signs not to exceed $500.00 each 1000 6. Delete Tot -Lot curb and rail 196 If x $88/ft -17248 7. Add Tot -Lot rail approx 1961f x$45 /ft (not to exceed) 8820 G. Trotwood Park 1. Add City Seal Kiosk #1 1000 2. Omit youth lot curb -3900 3. Add fishing pier not to exceed (includes railing) 18900 4. Simplify irrigation per architects revised sketch -15000 5. Delete Tot -Lot curb and Rail 215 If x $88/ft -18920 6. Add tot -Lot rail approx 215 x $45/ft (not to exceed) 9675 H. Winding Hollow 1. Delete youth lot curb -3450 2. Delete Tot -Lot curb and rail 175 ft x $88/ft -15400 3. Add Tot -Lot rail approx 175 ft x $45/ft (not to exceed) 7875 I. Other 1. Omit all sod and sprigging from all parks -80616 2. Add Kiosk #1 in (5) parks 81000 3. Full height brick veneer at restrooms & Concession 25000 4. Covered entries at Senior And Civic Center 55000 5. Delete all brick columns & foundations at Tot -Lots -38885 Grand Total 2,260,689 r 11/15/1999 13:09 4077575660 MHWILLIAMS PAGE 02/02 I THE EALUICE INSURANCE A3ENCY P•o. BOX ust MELBOURNE, FL s2l02�4� E � ONLY AND CONFER! NO RIGHTS UPI THE CERTIF�IC/ITE HOLDER TMl8 C6RTIRICA "DOES NOT AMM, EXTEND OR R _— CO1NP Ni S H �4FFOR� QCQL/FRA4g-- co INS UREO - —. _ _ M. H. WILLIAMS CONSTRUCTION, _ _ AANr GERLING AMERICA INSURANCE CO. INC. 27 EAST HIBISCUS BLVD, - SVITE A . If GENERAL ACCIDENT INSURANCE CO. MELBOURNE, FL 32801 colc _ .. FRONTIER INSURANCE COMPANY COMPANY D THIS IS TO CERTIFY THAT TFIE - • - P011CIES OF INSU .:_ .... INOICATEO NOTYUfINST RANGE LISTED BELOW HAVE IIEFN ISSII6O TO THE IN4URE0 ANOlNC ANY RECt/illiJAENT. TERM CERTlFlG1TE OR CONDaMN OF ANY CONTRACTOR OTHER N WEO ABOVE FOR THE %roI ICY r EXCLUSIOtYb AND CONORIONS OF SUCH DOCUMENT WITH RESPECT TO MM111C1I THIS hND O ib$UED OR MAY PERTAKi, THE INSURANCE AFFOROED q Y Ta{E POLICIES DE tIgED - pOL10JES* UM11'S SHOWN Co - _ _ -. -- --- MAY F!A HEREIN SUB IECT TO ALL THE V6 SEEN REOUCEO 8Y PAID CLAJW, TM", - -.•.. LTR TYPE OF �tiRANCr POLICY NUMBER r ' POLICY EFFECTIVE _ FGENCRALLMWLITY A 1 X COMNERCML 08NERAL Lill GLP orttE(fl4ypplyYl ' 4AttIrrrap�yY! uMITB fY� WQE t^� • a OCCINt ! t /tle9 t 1 /t/00 OPNERAL �QGRE81lTi 11 P!ROOUCTS - �{ OMMERS i CONTAACTOR'E PROT ' C&APIOP AGO I f _ - .-I OW ow ; PERSOtWK iADy 1 HAIRY • _� ..... -^•. i . QQp� I ACN OCGUitltlN A _ . i . _.. t, _AUTOMOBILE LIASLLIIY F B ANY AUTO BA0118620 02 Into NAP (Any ay W=q 111198 ;,J ALL OWNEOAU TO$ X 1/1!00 CGMfUfEO EMOLE LO,uT t f 1.000.004 1 004EMED AUTOS HIRED AUTOS I OOOILY 1aI1(M� J ^ — X 1 IPM pw„y i NON-OWNEDAUT03 QARAGi I'll LITY ANY AUTO _ - ►ROPERTY OA - �f + AM-ONLY . EA ACCKX _ EACH ACCIDENT f A X UWRELLA FORM 4003818 CUP AGM10 ATE ; ,11199 1 /1/00 F!�GHOCCURRENCE f 4 OTHER THAN VNINAll FORM I C +;ZM ;t1ON*Av 621 - 2829 -0 _' ENE � INCL j a+iccRa� INSURED'S COPY ZO'd SO9V LS6 LOV A�%OREBAT� -- 3N/% 311!00 ;_ T00" TO. ti iu fl EACH ACCIDENT ELCiSIAEE PQLK:YI,wtR -_ - t EL OKEAOE .6A EAIhQYEE -�►7X- . i POWLD ANY OP 7NE AOOVE OED POI DE CANO . LXPIRAIWq OA7! � BEFOR! TMI t0 TNiREOP, Ti$ IOMNNO COMPANY IMII fI+OMVpR To M+N. 04YO Mrf fN NOTIC! TO THE Cligy"4 t HOLDER NAM6C TD THE MAIL OUT V'WUXS7OMAn.OUCH t10'IIOLSOLLIMpOOE 4000LIOATION ORIA40A RY OF ANY KIND UPON tNE CDAt►ANI KO AOENIO OR ft"wwarr."- KtMlarr Idauv Anvu I aasL L QJ 4zz = ZO 66- ZO�.At'w