Loading...
HomeMy WebLinkAboutCloud 9 Construction Agreement -2002 07 11 . . , c. )11' C (.&1..,K i, AGREEMENT THIS AGREEMENT made this J ( rft, day of /u; . ,2002 between the CITY OF WINTER SPRINGS of 1126 EaState Road 43ir. WI er Springs, Florida 32708, Seminole County, State of Florida, herein referred to as OWNER and Cl.OUD 9 CONSTRU~nON of 500 29th Streed Orlando, FI32805, State of Florida, herein referred to as the DESIGN BUIl.D CON.TRACrpR. a person duly licensed in the State of Florida, as fonows: 1. DESCRIPnON OF WORK. COORDINATOR shall perform the wor1t, in accordance with the Contract Documents ofthe DesignlBuild Air Diffuser System, West Water Reclamation Facility. 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 COORDlf'IIATOR shall begin work within 10 days after the issuance of a written Notice to proceed and ttie contract shall be for a period of 19- calendar days from , . the date ofthe Notice to Proceed. Extensions, if any, are authorized by OWNER, and may only be granted in writing. 4. LlQUIDA 11;0 DAMAGES - NOT USED 5. CONTRACT PRICE. UNIT PRICE CONTRACT - The OWNER will pay the DESIGNlBUILD AIR DIFFUSER SYSTEM, WESTWATER RECLAMATION FACILITY CONTRACTOR in current funds for the perfonnance of the work, subject to additions and deductions by Change Order, the Total Contract Price of Fiftv Nine Thousand Two Hundred One Dollars ($59.201). Payments will be made to the CONTRACTOR 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 reports with owner in a timely manner; (8) 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 perfonned 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 Dlredor during the entire period of the . contract. The OWNER may change the Project Director during the term ofthls contract. " \ i b. Insoections. ODinlons. and Proaress ReDOrts. 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. Interoretation of Contract Documents: Decisions on DisDutes. 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 i~spections and observa~ons. 9. RESPONSIBlUTIES Of CONTRACTOR - CONTRACTOR'S duties and rights in connection with the project herein are as follows: a. ResDonsibility for Desion and Construction Suoervislon. Under this contract, the CONTRACTOR shall be solely responsible for the design and construction of this project, including the techniques, seql,Jences, prOcedures and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work. and give it all necessary attention for such proper supervision and direction. b. Discipline and E,nployment. CONTRACTOR 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 perfonn the job for which he was employed. c. Furnishina of Labor. Materials. etc. CONTRACTOR shall provide and pay for all labor, materials, and equipment, ineluding tools, construction equipment and machinery, . utilities, i.neludlng water, transportation. and all other facilities and services necessary for the proper completion of the work on the project in accordance with the contract documents. d. Payment of Taxes: Procurement of Lic;enses and Pennits. CONTRACTOR shall secure all licenses and permits necessary for proper coordination of the work, paying the fees therefor. CONTRACTOR 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 CONTRACTOR to undertake the work. e. CONTRACTOR shall provide a written guarantee for work and materials for one (1) calendar y.ear after acceptance by OWNER. 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 fall to resolve their differences through me<fiation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Seminole County. Rorida. 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, S..led and Oalivered ~ in tho presence of: ~ c - I OQ~I/( fl).J./1&1 , Name 452..6 c;>>t.1/tJ.J.;Q711r.J#/CXo ' cxl,PiB293Q Address and Telephone ,,> 407- :::lex:...n ~:' Date ~7R17 :~' ~i;' 7/G/~ O~ER: "'/ , , . . .... i CI.TY OF ~~tER' SP,RINGS ~ N{~, ~~ "." '.. By: Rbnald W.,/McLemore . ".. '. ~, ~ . ". '\. . \..," C~y Managef . . .' ", 1126 East State Road 434 Winter Springs, FL. 32708 407-327-1800 c . '~' ..->~ '- ',.