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Home My WebLink AboutCathcart Contracting Company Agreement -1999 09 28AGREEMENT THIS AGREEMENT MADE THIS 2 ~~ DAY OF ~ ~i,~~c~rt3~a~ , 1999 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 CATHCART CONTRACTING COMPANY, 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 TUSCAWILLA LIGHTING & BEAUTIFICATION DISTRICT ENTRYWAY ENHANCEMENTS. 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 ~ calendar days after the issuance of a written Notice to Proceed and shall complete the work within 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 -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 2 .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 ONE MILLION SEVEN HUNDRED SEVEN THOUSAND ONE HUNDRED FORTY FOUR and 89/100 Dollars ($1.707.144.89). 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 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 that 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, 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 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 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 Stoppage 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. 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. 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. Furnishing 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. B ND -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 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. N Telephone: wn r: City f Winter Springs By: Ronald W. McLemor~ City Manager 1126 East State Road 434 Winter Springs, FL. :2708 407-327-1800 Signed, Sealed and Delivered In the res rrce o : / F~ORIdA S U R ETy BoNds, NC September 15, 1999 City of Winter Springs 1126 East SR434 Winter Springs FL 32708-2799 (407) 327-1800 Re: Authority to Date Bonds and Powers of Attorney Principal: Cathcart Contracting Company Bond No.: 166429 222 S. WESTmONTE DRIVE, SUITE 307 A~TAMONTE SPRINC~S~ FL 32714 407.786.7770 Fax 407.786.7766 888-786-BOND (2663) FAx 888.718-BOND (2663) WWW. F~ORIdASURETyBONdS.COM Project: #010-99, Tuscawilla Lighting and Beautification District Entry Way Enhancements 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. Sincerely, North American Specialty Insurance Company ~ ~~~ Jeffrey .Reich Attorney-in-Fact and Florida Licensed Resident Agent Public Work F.S. Chapter 255.05 (1)(a) Cover Page BOND NO.: 166429 CONTRACTOR NAME: Cathcart Contracting Company CONTRACTOR ADDRESS: 1757 West Broadway Street, Suite 3 .11v~°.du, Fr 'I~7~S CONTRACTOR PHONE NO.: (4071366-1022 SURETY COMPANY• North American Specialty Insurance Company 650 Elm Street Manchester, NH 03101-2524 OWNER NAME• City of Winter Springs OWNER ADDRESS: 1126 East SR434 Winter Springs FL 32708-2799 OWNER PHONE NO.: (407) 327-1800 OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: $1,877,859.38/$1,707,144.89 CONTRACT NO.: (If applicable) Proiect #010-99 DESCRIPTION OF WORK: Tuscawilla Lighting and Beautification District Entry Way Enhancements #010-99 PROJECT LOCATION• Winter Springs Blvd., Winter Springs, FL LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that maybe printed thereon. r r ~~r ~ • ~ : n : ~ r r a . ~ r. i J : r • j i .T. rrs - r i ~ ~y z .7 • ~ m r r ~ ~ r ~~ NORTH AMERICAN SPEC#AI~.7Y INSURANCE C41~PANY GENERAL POWER C7F' ATTQRNEY KNOW ALL MEfV BY THESE PRESENTS, THAT THE NC?RTH AMERICAN SPECIALTY tNSURANCE GQftq:PANY, a corporation duly organized and existing under laws of the State of New HampshiFe, and having its principab office rn the City of Manchester, New Hampshire has made, constituted and appointers, and by these presents does make, constitute and appoihf Jeffrey W Reich, Susan L.. Reich, Jointly Ctr severally, end ail of Altamonte Springs, flor[da its Uue and lawful Attorney-in-Fact, to make, execute, seal and d0liver for and on its:behalf and as tts act 2rnts deed bonds or other writings obligatory in the nature of a borxl on behalf of said Company, as surety, bonds,'urtdertak~ngs and cor,ttadts of suretyship to Lie given to all obiigees provided that no bond or undertaking ar contract or suretyship executed under tftrs authority halt exceed in the amount of ..... . .. .... . S!X MILLlf]N (6,000,Q00.00)130LLARS The Power of Attorney is granted and is signed and sealed by facsimile' under and' by the authority of the f411gYaing Resolution adopted by the Board ~~ of;~irectors of North American Specrafty,fnsurance Company a€ a meeting duly ealied and held-on the 24t#t df Apri(. 1985. r~ i 'E ~i ~ ,_ : P ~i ~i7 "RESOLVE#~, that the President, and Vice President, any Assistant Vrce President or any Secretary be and each or any of them hereby is authorized ~~ to execute Power of Attorney qualifying the attorney named in the given Power of Atiarney t[r execute on behxl# of t~lorth American Specralty° Insurance ~° Company bonds. untlertakings ancf all contracts of surefy,;and itiat each ar!any of themhereby is authorized taattest to the execution of any such Powet of Attorney and to attach hereto the seal of the Company"Ind ~~ ~j FURTHER RESOLVED, that the sign2tur~ crf Such pfficers and the Seal of the',~ompany may tie affvicedto any Such Power of Attorney qr tp anv <~' ~] certificate relenting thereto by facs:mile, grid any such Power of Attorney or certificate: bearing such facsimile signatures;or facsimile seal shall be binding . ~- upon the Company when so affixed and in the future with regard to any bontl, undertaking or contract of surety to which ~t is att2iched. t; y C ~ In Witness Whereof, North American 5peciaity Insurance Company has caused its official seal to be hereunto affixed, and these presents to be'signed f .~~ by its President and attested by one of its,Assistarit Vrc& f?residents on the #4th of ~Gember; f99$. ~~~ ~~ 1. .~ ~~ O1 Ec,urvi ~~ ~~ "°R°HVaa~~ y I ~~ ~ ~ ~ SEAL ~~,AM ~'d ~ ~u 7 ~ • FI .~ »,,13Y SY ,~ Robert M. Solitro. President and Chief Operating q€#icer Steven<E. HolzwarL Assistant Vice Pre9i4#E?pt r ~> 3 ^ ~ ~ State of Ohio County of Cuyahoga ss: On this becember i4, 1898 before me, a,Notary Public persona+fy appeSred'f~obert Nl. Solitro and Steven E. Holzwart perspnally known to me who being by me duly sworn, aCknowledgeCf that their signed the !above Power of Attarney as officers of said NORTH AMERfGA~t SPECIALTY INSf.,3RANCE COMPANY and acknowledged said instrument to be the rloluntar}r act and deed ofthe corporation. 1.~ James Ziolo ~~=~`~~~~~~~~r Notary Public -State oI Ohlo ,. My commission expires May 6, 2003 ~~-0~•o~fl,~° Jarties Ziolo, Notary Pubic I, R. Scott Liptak, Assistant Vice Pres{dertt, of NORTH AMERICAN SPECIALTY INSURANGE:COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of f4ttrsrney,by said NORTH AMERICAM1I SPECIALTY tN'SURANCE COMPA~dY. wttiCh `is still in ftr+I force and effect_ 1N WITNE55 WHEREOF, I hereto set my hand and affixed the sealofi said Company. this day of _ , is ~pPOb. ~y ~6~~At. ~~~ ,~ ~' BND 1105-'I .(rev. 12!98) ,~ . R. Scott Liptak, Assistant Vice President [•1:i1:I_11ti1~:~[~~~Jx•11_l~iii'~~i~~~~]t~il]a1--' ................................ ............................... a~nan PRODUCER (407)788-3000 FAX nsurance Office of America, Inc. 150 North Westmonte Dr. P.O. Box 162207 Altamonte Springs, FL 32716-2207 INSURED ..................................................................................... Cathcart Contracting Company 1757 W. Broadway Street, Ste.3 Oviedo, FL 32765 ''; `'»»»»»> »»»»> ,<><><><><>::.. c<is>:c: i;::c;: >; : > ..... 0 9 2 0 19 9 9 '; 788-7933 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 ............................................................................................................................................... COMPANY Southern-Owners Insurance Ext: A COMPANY B ............. COMPANY C ............ COMPANY D ................................................................................. Auto-Owners Insurance Company 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 ' TYPE OF INSURANCE POLICY NUMBER i POLICY EFFECTIVE '. POLICY EXPIRATION LIMITS j LTR DATE (MM/DD/YY) DATE (MM/DD/YY) ~ f GENERAL LIABILITY ' GENERAL AGGREGATE $ 2, 0 0 0, 0 0 0 X :COMMERCIAL GENERAL LIABILITY i ! _...... PRODUCTS -COMP/OP AGG I$ 1, 0 0 0, 0 0 0 ' CLAIMS MADE X :OCCUR ' PERSONAL & ADV INJURY $ 1 , 0 0 0 , 0 0 0 A _ 20553111 :09/24/1999 09/24/2000 _ .._. .. ...... _.. OWNER'S & CONTRACTOR'S PROT ; EACH OCCURRENCE I $ 1 , 000 , 000 FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one person) $ 5 , 0 0 0 AUTOMOBILE LIABILITY - ` i COMBINED SINGLE LIMIT $ X 'ANY AUTO 1, 0 0 0, 0 0 0 ALL OWNED AUTOS E ` : BODILY INJURY $ SCHEDULED AUTOS i (Per person) B ~~ 4119805700 :09/24/1999 09/24/2000 ~ - - X HIRED AUTOS ,_ _ E ; BODILY INJURY $ X `NON-OWNED AUTOS ; (Per accident) _......_ .............._......................... i i ' PROPERTY DAMAGE $ GARAGE LIABILITY i AUTO ONLY - EA ACCIDENT $ ANY AUTO ' i OTHER THAN AUTO ONLY: EACH ACCIDENT: $ AGGREGATE'. $ EXCESS LIABILITY : EACH OCCURRENCE ' _. $ 1, 0 0 0, 0 0 0 B X UMBRELLA FORM 20559686 :09/24/1999 09/24/2000 ; AGGREGATE $ 1,000,000 OTHER THAN UMBRELLA FORM ' $ WORKERS COMPENSATION AND :TORY LIMITS : i ER :i:i EMPLOYERS' LIABILITY ........ EL EACH ACCIDENT $ '. THE PROPRIETOR! -- - : INCL i . ......_.._ .............. EL DISEASE -POLICY LIMIT ... $ ....... ......_.... PARTNERS/EXECUTIVE .: ...... S OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $ OTHER LEASED/RENTED LIMIT $1 50,000 A EQUIPMENT 20553111 :09/24/1999 09/24/2000 : $500 DEDUCTIBLE / ALL RISK :ity of Winter Springs (Owner) & Starner Ranaldi Planning and Architects, Inc. (Engineer) are named as 4dditional Insured as respects General Liability - Professional Liability is excluded for the Engineer TE: City of Winter Springs Entryway Enhancements Project #010-99 City of Winter Springs Attn: George F. Edwards 1126 East State Road 434 Winter Springs, FL 32708-2799 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 ~.N 1% I Douglas Borsum/KAREN EEF-=1-1999 14 ~ 35 IP1'EI ~q.i=hlCE ~ ~F~=: of i~h1EF'I CA 4~J ~ 7BE 79i.~ ~ . Et4:'t_;:~I . ..,..,. P. 02 aEC'rrON Q0650 lHSt1RARG>r ENDORSEMF~IT FORM Nerve of Protect: City o~ Winter Springs Entryway Enhancements -- Project ~~010~9g Owner, City og Winter 5przngs Engineer: $tarne= Ranaldi 1'Zsnning & Archi City of Wrntet 3prinp= tests, Inc. 7128 Eau S.R. 494 Winter SprtnQa, Florida 32708 TN1S 19 TO CERTIFY that the numbered poliaitts idarttified by the attached Grtlflretes of insurance have been issued by the bslorr-=tat8d company In 6onformance with the l;mlu and re~iremsnte as a*t forth in the General Conditions and Supplementary Conditions. Ths ineuranCe oornpeny wJq Shre at trier thirty (301 days' written nonce by registarad frail to the Owner and the Engineer prior to any meterl8i chance or Gantxrlatlon of said pollay or pol~iea. ATTidCN CEAr1FIC.4TES OF /NSVIRANCE ANQ fA(pfG`ATE TYPE Of N1-SL/RANCE. MLJCY NL/MBE/t; 6RFlCT'/VE OATF, OlA-Rt7TON DAB .tNO LJJNJTS tYlNS~/RAAfCE. THE C6RT1pG7Ti~` OFMRy`lMfANCEARr TG dmrctrE TAfF NAMED ~Nr4t/REd. AIVID ARi 7b /OE1YTrRY Tl'lE OWNER. ENOINE&! AND OTH&4 PARTIES JGEMTJF76D ay THE SVA~EMENTARY CONDITJDNS AS ADOl1•JONAL NAMED /NSIIRED. 7NE OWNER AMd Eflf+Gr~fR ARE Td 06/1L4Mf0 AS CERTJJ7CATE HOIDER~ Fs1DOR8EMEkT The Owner, the Owner's Repreeenteiivs. the Erpi+taer, Arehttact, end their oa+sultartte, end each of their affacay, e8e~, and yrrtploytes s-e lnCljrdad as additionally named Ittaured under sold p0it:ies but only while eating In their capat.lty es sash and oMy as ne~scta apa-attona et the efiplnelly nartzed Ensured. his eubeantreetore, eQ~, and en+ployaas in the performance cf the above.reteraneed eanvaot; provided, however, that if the by ar damage i9 uttirrtatefy deterfnlned to be the proximate result at the sore rtegtlgence of ors or more of the aforesaid pdditiona0y named inau-sd, this insurance shalt not apply. This endorsement abet! not operate to i,uraese the iruufence compony'p total limit of liability hereunder. the Inauranae company hereby wolves Its rights of subro9atlan against tM addrNonaity nerved insured. Cathcart Contracting Company Narnad Inured _ Southern Owners Insurance insurance Company 2710 W. Memorial Blvd., Lakeland, F'L 33815 Stnast ~ Nu err,nr State ~' r,,~,,,.", Z!p gy ~ Douglas L. Borsura; Authorized Represantetlve (Signature sad Printed Name! IAttech AeknawledQmsntl END OF SECTION a~acit~e.ww TLiT~ P. Q4 MEM4R~4,NDUM TO: Andrea Lorenzo - Luaces, Deputy City Clerk l FROM: George Edwards, Capital Projects Coordinator RE: Documentation for Project#0110-99, Tus~C,~ijla Lim DATE: September 28,1989 Transmitted herewith are the following executed documents for your flies: 1) Notice to Proceed 2) Agreement 3) Certificate of Liability insurance 4) Performance Bond and Labor and Materials Payment Bond 5) Native of Award