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Home My WebLink AboutHerbert Halback Inc. Form of Agreement -2002 06 17 .~ c (' .- SECTION 00500 '.. FORM OF AGREEMENT 'T'l JD~ THIS AGREEMENT made this /7 -dayof , 2002 between the CITY OF WINTER SPRINGS of 1126 East State R ad 434. Winter Springs. Florida 32708, Seminole County, State of Florida. herein referred to as OWNER and vtxvt. ?-c.X I~C ~ , State of Florida, herein referred to as the LANDSCAPE AND HARDSCAPE MAINTEN NCE COORDINATOR. a person duly licensed in the State of Florida, as follows: 1. DESCRIPTION OF WORK - COORDINATOR shall perform the work, in accordance with the Contract Documents of the Landscape and Hardscape Maintenance Coordinator. 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; all Technical, General and Supplementary Conditions and Sections contained in the Project Manual; 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, EXECUTION TIME - The COORDINATOR shall begin work within 1Q days after the issuance of a written Notice to proceed and the contract shall be for a period of 365 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 - NOT USED 5. CONTRACT PRICE. UNIT PRICE CONT~ACT - The OWNER will pay the LANDSCAPE AND HARDSCAPE COORDINATOR (COORDINATOR) in current funds for the performance of the work, subject to additions and deductions b Change rder, t~e Total Contract Price of l)C y \) v- I /lR.... A e.~ Dollars. ($ LfO ,~ ! 0, ). Payments will be made to , the 00 DINATOR on a monthly basis as delineated in the Schedule of Unit Prices included as a part of his Offer, which shall be as fully a part of the Contract as if attached or repeated herein. Thirty (30) days after presentation of the Application for Payment to Owner the amount recommended will become due, and when due will be paid by Owner to the COORDINATOR. Progress payments may be withheld if: (A) Coordinator does not file repo~s with Owner in a timely manner; (B) Owner is damaged by an act for which Coordinator is responsible; (C) Claims or liens are filed on the job; or (D) In the opinion of the City of Winter Springs, Coordinator's work is not being performed satisfactorily. 6. DESIGNATION OF PROJECT DIRECTOR: 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 Kipton Lockcuff or his authorized representative is the City's Project Director during the entire period of the contract. The OWNER 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 overseen by the Coordinator and shall make periodic visits to the work sites. The OWNER will not be responSible for the Coordinator's failure to perform the work in accordance with the Contract Documents. c. 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 Coordinator and Owner. d. Payment Certificates. The OWNER will determine the amounts owing to COORDINATOR as the work progresses, based on COORDINATOR'S applications and OWNER's inspections and observations. 9. RESPONSIBILITIES OF COORDINATOR - COORDINATOR'S duties and rights in connection with the project herein are as follows: a. Responslbllitv for Coordination of Maintenance Contracts. Under this contract, the COORDINATOR shall be solely responsible for the coordination of all maintenance work under the existing maintenance 10 .~ contracts of the OWNER as described in the Summary of Work. The COORDINATOR shall give the maintenance work all attention necessary for such proper coordination. b. Discipline and Employment. COORDINATOR shall maintain at all times strict discipline among its employees that it may employ, and 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. Payment of Taxes: Procurement of Licenses and Permits. COORDINATOR shall secure all licenses and permits necessary for proper coordination of the work, paying the fees therefor. COORDINATOR warrants that it (and subcontractors or tradesmen, if required and authorized in the Contract Documents) holds or will secure all trade or professional licenses required for COORDINATOR to undertake the work. 10. BOND -NOT REQUIRED 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 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: Name Address and Telephone Date ~, P~fNpil(y- Knam ^ dR Produod Iden[MIC~tbe~ ~ry~.at.o. a -~7a-s ~j- ~~--o aaty"~.,~~ MIIARITZA F18CMl,~•~/IiT[IN _ s, Notwly PubIIC - 8qb d Fbrida . c Ny Commle~bn Ex{*'a~ Mar 31, 2rx'» OWNER• ''' Comml~slon i DO 10816 %fpv.. ya,, Bonded By,Netfonal Notaryt Assn. CITY OF ~GMTER S~iINGS Bv: Ronald \N. McLdmore C'rty.Manager 1126 East State Rdad 434 Winter Springs, I"L. 32708 40~~••327.1800 END OF SECTION 11