HomeMy WebLinkAboutEsterson Construction Company Agreement Form -2002 01 24
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SECTION 00520
AGREEMENT FORM
THIS AGREEMENT MADE THIS ~ Day of , , .~~,,~.~~., , 200?-between the CITY
OF WINTER SPRINGS of 1126 East State Road~34, Winterl Springs, Florida 32708, Seminole
County, State of Florida, herein referred to as OWNER and Esterson Construction Company,
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, at Winter Springs, FL. 32708 for HICKORY GROVE PARK ROAD AND
TUSKAWILLA ROAD ROADWAY IMPROVEMENTS.
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 270 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 One Million Seven Hundred Seventeen Thousand Seven
Hundred Seventy Seven Dollars and 00 Cents ($1.717.777.00). 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;
00520-1
(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 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 Worksite for Inspections. The OWNER shall be given free access to the
00520-2
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. Refection and Stogpaae 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. Pavment 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. Furnishin4 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. Pavment 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. 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
00520-3
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 t e presence of:
v~ ~
CONTRACTOR•
E.~ s o r3 CAN i 7'Nnc P/ D
Name
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Address and Telephone
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Date
OWNER:
CITY OF WIN~~£R SPRINGS
By: Ronald.W. M~:Lemore
City Nlant.ge- --
1126 East State Road 434
Winter Springs,'r`L. 32708
407-327-1800
00520-4
~,
MEMORANDUM
I
TO: Andrea Lorenzo - Luaces, City Clerk
'/ ~,
FROM: George Edwards, P.E., Capital Projects Coordinato~~:~f~
RE: Documentation for Hickory Grove Park Road and Tuskawilla
Road Roadway Improvements
City of Winter Sprin4s Bid # lTB-002-OZ/GE
DATE: February 6, 2002
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
cFE i~roo tti~.osort waa oaurrrern
om: Lori Braswell At: Newman•Crane & Associate a Insurance Inc. To: George J Edwards PE LLB Fax#: (407) 859.8402 Date: 1!23/02 02:14 PM Page 2 of 2
A
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A+~ORD~ CERTIFICATE QF LIABILITY iR1SIJRANCE dplQ ~ DATE(MM/DD/Yl')
ESTLR-1 01/23/02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Newman-Crane & Assoc .Ins .Inc . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. Sox 568946 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Orlando FL 32856-8946 COMPANIES AFFORDING COVERAGE
Mel H. Waters coMPANY
PhnneNO 407-859-3691 Fax NO. 407-857-0409 A National Trust Insurance Co.
INSURED
COMPANY
B FCCI Insurance Group
COMPANY
Esterson Construction Co.,Inc. C
794 Biq Tree Drive Suite 108
Longwood FL 32750 cGMPANY
D
GQVERAGE~S
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 POLICY EFFECTN'E POLICY EXPIRATION
LIMffS
DATE (MM/UDM') DATE (MM/DOIYYj
GEN ERAL UABIUTV GENERAL AGGREGATE $ 2 , DOD, OOO
A Z COMMERCIAL GENERALUABILITY CPP0100006257 04/12/01 04/12/02 PRODUCTS-COMPioPAGC $2,000,000
CWMS MADE ®OCCUR PERSONAL &ADV INJURY g1,
QQQ
QQQ
OWNER'S 8 CONTP.ACTOR'S PROT EACH OCCURRENCE ~
~
$ 1 ~ QQQ ~ QQQ
B Blanket Addl Insd FIRE DAMAGE (Any one tire) $ 1QQ, QQQ
MED EXP (Any one person) $ rj QQQ
AUT OMOBILE LIABILITY
A
Z
ANYAU-rG
CPP0100006257
04/12/01
04/12/02 COMBINED SINGLE LIMIT $ 1 ~ QQQ ~ QQQ
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AuT05 (Per person)
HIRED AUTOS
BODILY IPJJURY $
NON-OWNED AUTGS (Per ecrident)
PROPERTY DAMAGE $
GARAGE LLABILITY AUTO ONLY - EA ACCIDENT $
-
ANY AUTO
OTt1ER THAN AUTO ONLY'. __.- __-
EACH ACCIDENT
AGGREGATE $
EXCESS LLABILITY EACH OCCURRENCE $S, QQQ, QQQ
]~ Z umBRELLAFGRM UMB0100007165 04/12/01 04/12/02 AGGREGATE E 5, 000, 0
00
OTHER THAN UMBRELLA FORM _
WORKERS COMPENSATION AND
'
' WC STATU- 0TH-
T RY IMIT _ a R
EMPLOYERS
LIPBILITI EL EACH ACCIDENT $ ,1Q QQ QQQ
B THE PROPRIETOR/
PARTNERSfEXECU7NE INCL OOl-WCOlA-34015 04/D1/01 Q4/Dl/02 EL DISEASE-POLICY LIMIT $ 1000QQQ
OFFICERS ARP EXCL EL DISEASE-EA EMPLOYEE E 1000000
OTHER
A Property Section CPP0100006257 04/12/01 04/12/02
A Equipment Floater CPP0100006257 04/12/01 04/12/02
DESCRIPTION OF GPERATtONSILOCATIONSNEHICLEaISPECIAL ITEMS
30 days notice of cancellation for workers compensation. Project: Hickory
Grove Park Road and Tuskawilla Road Roadway Improvements.
.CERTIFICATE HOLDER CANCELLATION
CITYWSl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFDRE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR 70 MAIL
lO DAYS WRITTEN NOTICE TD THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Ca ty of Winter Springs BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
112 6 East S . R. 434 OF ANY KIND UPON THE COMPANY, RS AGENTS OR REPRESENTATIVES.
Winter Springs FL 32708 AUTHORIZED REPRESENTATIVE
Mel H. Waters
ACORD 25-5 (1/9b) ~ ACORD CORPORATION 1888
GUIGNAI~D COMPANY SURETY BOND S
January 21, 2002
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: Authority to Date Bonds and Powers of Attorney
Principal: Esterson Construction Company Inc.,
Bond No.: 1 03 73 5423
Project: Hickory Grove Park Road and Tuskawilla Road
Roadway Improvements
Dear Sir or Madam:
Please be advised that as Surety on the above referenced bond, executed on
your behalf for this project, we hereby authorize you to date the bonds and
the powers of attorney concurrent with the date of the contract agreement.
Once dated, please send a copy of the dated bonds to our office.
t regarc
velers
~r~t'L. L~~ly
Atto/rney 7ri Fact and
Florida Licensed Agent
Company of America
1904 BOOTHE CIRCLE • LONGWOOD, FL 32750
PH (407) 834-0022 / (888) 220-3780 • FAX (407) 260-1767 / (888) 220-3228 • www.guignardcompany,com
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: J. W. Guignard, Bryce R Guignard, M. Gary Francis, April L. Lively, Deidre Sullivan,
Paul J. Ciamhriello, Jen~.ifer L. McCarta, of Longwood, Florida, their true and lawful Attorney(s)-in-Fact, with full power and
authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by
his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature
of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as
fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said
Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the followinh Standinh Resolution voted by the Boards of Directors of TRAVELERS CASI?.ALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such 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.
(11-00 Standard)
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 1st day of May 2001.
STATE OF CONNECTICUT
} SS. Hartford
COUNTY OF HARTFORD
~wYx 'LTY ANO pASUq
hfy~,NDSWI(r`c ~J m~ '~' ~~L
~~' HARTFORD, ~ a HARTFORD, s~ t7 ] 9 $ ~~ p
CONN ~ ~ CONN. o° ~ * D
~~
On this 1st day of May, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn,
did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knoti~•s the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
~`A.1NOMpst'•
:gyp OZ%
NOTARY
E* ef~ *;
c PUBLIC jJ
4
CONNECT\CJ`~~
CERTIFICATE
C~ReQ Qc~kam~wel~i
My commission expires December 31, 2002 Notary Public
Carol A. Thompson
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this day of
20
~tlY1NlYpK, ryTY ANO GASU,~
~~~S~flyc ~J aL S,T,'pP~n ~~
~ ~ARTFORD,1 ~ ¢ HARTFOFCJ, ~ c7 19 8 2 O
CONN. ~ s ~; OONN. n ~ * D
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TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARNIINGTON CASUALTY COMPANY
i3y
George W. Thompson
Senior Vice President
Kori M. Johanson
Assistant Secretary, Bond