HomeMy WebLinkAboutCWB Contractors, Inc. Agreement -2003 05 06
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SECTION 00520
AGREEMENT
THIS AGREEMENT MADE THIS h tt... DAY OF ,2003_ between the CITY OF
WINTER SPRINGS af 1126 East State Raad434, Winter Spri gs, Flarida 32708, Seminale Caunty, State
o.f Flo.rida, herein referred to. as OWNER and CWB Contract rs, Inc. o.f Bunnell, Flo.rida, herein referred
to. as CONTRACTOR, a persan duly licensed as a Contractar in the State af Flarida, as fo.lIo.ws:
1. DESCRIPTION OF WORK - CONTRACTOR shall perfarm the wark, in accardance with the Cantract
Dacuments, far Central Winds Parl( Expansion-C:ontract A, Clearing and Grubbing; at City o.f Winter
Springs, City Hall, 1126 East S.R. 434, Winter Springs, FL. 32708.
2. CONTRACT DOCUMENTS- The Co.ntract Do.cuments consist o.f this Agreement; all Technical,
General and Supplementary Canditio.ns and Sectians cantained in the Praject Manual; the Drawings as listed
o.n the Bid Fo.rm and Index to. Drawings; all Addenda issued prio.r to. and all Change Orders issued after
executian af this Agreement. These farm the Cantract and are incarparated into. this Co.ntract by this
reference.
3. CONTRACT TIME - The CONTRACTOR shall begin wo.rk within 10 calendar days after the issuance
o.f a written No.tice to. Pro.ceed and shall co.mplete the wark within 90 calendar days fram the date af the
Notice to. Pro.ceed. Extensians, if any, are autho.rized by OWNER, and may o.nly be granted in writing.
4. LIOUIDATED DAMAGES - OWNER and CONTRACTOR recagnize that time is afthe essence afthis
Agreement and that OWNER will suffer financial lass if the Work is no.t substantially co.mplete within the time
specified in Paragraph 3 above, plus any extensians thereaf allawed in accardance with the General
Co.nditio.ns. They also. reco.gnize thE! delays, expense, and difficulties involved in pro.ving in a legal o.r
arbitratio.n proceeding the actual lass suffered by OWNER if the Wark is no.t substantially complete on time.
Acco.rdingly, instead af requiring any such praaf, OWNER and CONTRACTOR agree that as liquidated
damages far delay (but nat as a penalty) CONTRACTOR shall pay OWNER $500.00 far each day that expires
after the time specified in Paragraph 4 far final co.mpletio.n until the wo.rk is finally complete and the OWNER
has paid to. CONTRACTOR the co.nsideration o.f Ten ($10.00) Do.llars as cansideratio.n for this pro.visian.
5. CONTRACT PRICE. LUMP SUM CONTRACT - The OWNER will pay the CONTRACTOR in
current funds far the performance af the wark, subject to. additions and deductians by Change Order,
the Tatal Cantract Price af $Three Hundred Thirty Two Thousand Five Hundred ($332,500.00)
Dollars. Payments will be made to the CONTRACTOR fo.r actual quantities installed on the basis af the
Schedule af Unit Prices included as part af his Bid, which shall be as fully a part af the Co.ntract as if
attached o.r repeated herein.
6. PROGRESS PAYMENTS - OWNER shall mclke pragress payments o.n acco.unt afthe cantract price
to. CONTRACTOR, on the basis of application for payments submitted to. the City ar their autharized
representative, by CONTRACTOR as the work pragnesses, and in accardance with the Contract Documents.
Pragress payments may be withheld if:
(A) Wark is faund defective and nat remedied;'
(6) Cantractar daes nat make prampt and proper payments to. subcantractars;
(C) Co.ntractar do.es nat make prompts and praper payments far labar, materials, ar equipment
furnished him;
(D) Ano.ther Co.ntractar is damaged by an act for which Cantractor is respansible;
(E) Claims o.r liens are filed an the jab; ar
(F) In the apinion af the City of Winter Springs, Co.ntractor's wark is nat pragressing satisfactarily.
7. FINAL PAYMENT - OWNER shall withhold up to. 10% o.f the Contract Price thraughout the pro.ject.
The Owner. shall release 50% o.f the amount withheld upon issuance af the Substantial Campletian
Certificate. The remaining 50% af the amo.unt withheld shall be released with the Final Payment after the
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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 which he has previously made in
writing, and which remain unsettled at the time of' acceptance of payment pursuant to this contract.
a. DESIGNATION OF PROJECT DIRECTOR OR ARCHITECT OR ENGINEER: DUTIES AND
AUTHORITY - The duties and authority of the City are as follows:
a. General Administration C)f 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. InterDretation of Contract Documentsl: Decisions on DisDutes. The OWNER will be the initial
interpreter of the contract document requirements, and make decisions on claims and disputes
between Contractor and Owner.
e. Reiectlon 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.
f. Payment Certificates. Tile 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
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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. Furnishina 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.
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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 seCljre 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. MEDIATION/VENUE - 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,
Aorida.
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 Contractor:
In the presence of:
Name:
i'1JISf itt." T'3"""'V Sue Jones Address and Telephone:
. ,~ " ':!" . "O)isslon 00183709
\;o,,,,~ ""'INe~ r-eoruary 12, 2007
Owner: . ,
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y: Ronald W. McLemore
City Manager'
1126 East State Road 434
Winter Springs, FL. 32708
407-327-1800
THIS.POW.ER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
. ' ,plOWER ~.AND ISSUED PRIOR TO 10/15102, FeNY PERSON OR PERSONS NAMED BELOW.
C3eneral
Power
of Attorney
CERTIFIED COPY
e POWER NO. 0992251 01
Westfield Insurance Co.
Westfield National Insurance Co.
Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a HCompanyH and collectively as HCompanies,H duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
DON BRAMLAGE, J. HYATT BROWN, JIM HENDERSON, JOINTLY OR SEVERALLY
of DAYTONA BEACH and State of FL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, undertakings, and recognizances; provided, however, that the penal sum
of any one such instrument executed hereunder shall not exceed TEN MILLION DOLLARS AND NO CENTS ($10,000,000)----
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
HBe It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary,H
HBe it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.H (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 15th day of
OCTOBER A.D.,2OO2.
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County of Medina
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WESTFIELD INSURANCE COMPANY
WESTFIELD NATIONAL INSURANCE COMPANY
OHIO FARMERS INSURANCE COMPANY
ss.:
On this 15th day of OCTOBER A.D., 2002 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly
sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD
NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above
instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed
by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial
Seal
Affixed
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State of Ohio
County of Medina
William J. Kahelin, At rney at Law, Notary Public
My Commission Does ot Expire (Sec. 147.03 Ohio Revised Code)
ss.:
I, M. Brooks Rorapaugh, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by
said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney
are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of
A.D.,
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A r;OflDTM CERTIFICA. OF LIABILITY INSU~E I DATE
04/25/2003
PRODUCER '("HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HAYWARD BROWN FLAGLER INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1545 EAST HIGHWAY 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. BOX 1669 INSURERS AFFORDING COVERAGE
BUNNELL FL 32110-
INSURED INSURERA:Auto Owners Insurance
CWB Contractors Inc. INSURER B: Hartford Insurance
2445 CR 2006 INSURER C:
INSURER 0:
Bunnell ; FL 32110- INSURER E:
COVERAGES
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 CONTRACT OR 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.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~~ TYPE OF INSURANCE POLICY NUMBER ~;~1:~&W~ Pg~!fJ(~:,6~~N LIMITS
A GENERAL LIABILITY 20572700 03/19/2003 03/19/2004 EACH OCCURRENCE $ 1,000,000
-
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 50,000
I CLAIMS MADE [i] OCCUR / / / / MED EXP (AnY one oerson) $ 5,000
- PERSONAL & ADV INJURY $ 1,000,000
- / / / / GENERAL AGGREGATE $ 1,000,000
n'LAGG~EnE LIMIT AFlES PER: PRODUCTS - COMP/OP AGG $ 1,000,000
PRO- / / / /
POLICY JECT LOC
A ~UTOMOBILE LIABILITY 41-820-286-00 09/11/2002 09/11/2003 COMBINED SINGLE LIMIT
~ ANY AUTO (Ea accident) $ 300,000
f-- ALL OWNED AUTOS / / / / BODILY INJURY
f-- SCHEDULED AUTOS (Per person) $
f-- HIRED AUTOS / / / / BODILY INJURY
I-- NON-OWNED AUTOS (Per accident) $
f-- / / / / PROPERTY DAMAGE
(Per accident) $
RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO / / / / OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY / / / / EACH OCCURRENCE $
D' OCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE / / / / $
RETENTION $ $
B WORKERS COMPENSATION AND 21WBGDW7251 09/23/2002 09/23/2003 X I T~~aWS I IOTH-
EMPLOYERS' LIABILITY ER
E.L EACH ACCIDENT $ 100,000
/ / / / E.L. DISEASE - EA EMPLOYEE $ 500,000
E.L DISEASE - POLICY LIMIT $ 100,000
OTHER
A Unscheduled Rental 20572700 03/19/2003 03/19/2004 $125,000
Equipment
DESCRIPTION OF OPERATlONSlLOCA TlONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
FAX: 407-327-6695
CERTIFICATE HOLDER I I ADDITIONAL INSURED' INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTlACATE HOLDER NAMED TO THE LEFT, BUT
-
The City of Winter Springs FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
1126 E SR 434 .-fNSURER. ITS AGENTS OR REPRESENTATIVES.
ATTN: Kipton Lockcuff ( AU-n 'rWJIJ1;j?
Winter Springs FL 32708- -A
ACORD 25-5 (7/97) ELECTRONIC LASER FOR~NC. - (800)327-0545 V @ACORDCORPORATlON 1988
ftTM" INS025S (9910).01 Page 1012
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IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an
endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (7/97)
!tw" INS0255 (9910).01
Page2of2
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MEMORANDUM
George Edwards, Capital Projects Coordinator
TO:
FROM:
RE:
Andrea Lorenzo - Luaces City Clerk
Documentation for Project #ITB-008-03/CP
Central Winds Expansion-Contract A, Clearing and Grubbing
DATE:
August 5, 2003
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 and labor and Materials payment Bonds