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Home My WebLink AboutBruce McGonigal, Inc. Agreement -1997 09 23 1-- ~~__'.."-----',n"~' "~~~'~/"""t~.'1o ''''-'i.~,:~'.:';;Jl~~~~n .. .. fY17/ f . ~ -' AGREEMENT 1. GENERAL 1.01 THIS AGREEMENT, made thi~day. of Seotember , 1997, by and between the City of Winter Springs , hereinafter called the OWNER, and Bruce McGoniaal. Inc. doing business as a Corooration, and hereinafter called the CONTRACTOR. 1.02 WHEREAS, the OWNER and the CONTRACTOR are desirous of entering into an Agreement for construction of the Greensooint Reclaimed Water Main Extension by CONTRACTOR for OWNER. NOW, THEREFORE, for and in consideration of the mutual promises hereinafter exchanged the parties agree as follows: A. 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 all are as fully a part of the Contract as if attached to this Agreement or repeated herein. B. Scooe of Work - The CONTRACTOR shall perform all work required by the Contract Documents for the construction of Greensoointe Reclaimed Water Main Extension. C. Contract Time - The CONTRACTOR shall begin work within ten (10) days after the issuance of a written Notice to Proceed and shall complete the work within one hundred twenty (120) calendar days from the date of the Notice to Proceed. D. liauidated 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 C 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 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 $200.00 for each day that expires after the time specified in Paragraph C for final completion until the work is finally complete. E. Contract Price. Lumo Price Contract - The OWNER will pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order, the Total Contract Price of One Hundred Fiftv-Nine Thousand Four Hundred Dollars and Ninetv-Two Cents ($ 159.400.92). Payments will be made to the CONTRACTOR based on the Schedule of Unit Prices included as part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. F. Pavments - The OWNER will make payments as provided in the General Conditions and Supplementary Conditions. G. Enaineer - The Project has been designed by Conklin, Porter & Holmes-Engineers, Inc., referred to in the documents as the Engineer, whose authority during the progress of construction is defined in the General Conditions and Supplementary Conditions. H. Bond - CONTRACTOR shall supply a materials, performance and payment bond(s) in accordance with Florida law and to the satisfaction of OWNER. 00500-1 1',i,'1_''1"1~_<~ . ... I. 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 mediation. The parties agree to mutually select a mediator and in the event they cannot mutually agree upon a mediator, one will be appointed by the American Arbitration Association. 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. . J. CONTRACTOR warrants the Greensoointe Reclaimed Water Main Extension will be fit for the City's intended use and purpose and will comply with all Federal and State laws' and regulations. 1.03 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Secretary OWNER: The Citv of Winter Sorinas Name of Firm (Seal) cLemore, City Manager ~ '-;t;. 4J-w Attest 00500-2 PRODUCER HuckleberrI' Sibley & Harvey Insurance Bonds, Inc. 1901 Lee Road Winter Park FL 32789 .. ."..".",....."...... ..--------........-------------.....,............,."",., ........ . A.q()Il[)~...........~.IE.FI...I.EI.q~....~.......(;J.~.......L..1~BI.I..I...~......I.I\J..~.g.lllll\J.gt;........iaaSl.l................ D~; (M;;Dr;; THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 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 Denise R. Brummett ~l1oneNo. 407-647-1616 """No. INSURED COMPANY A MARYLAND INSURANCE GROUP COMPANY B PROGRESSIVE INSURANCE COMPANY Bruce McGonigal, Jnc. 3940 Moores Station Rd. Sanford, FL 32773-6523 COMPANY C COMPANY D 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 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURANCE POUCY NUMBBl POUCY EFFECTIVE POUCY EXPIRATION UMITS LTR DATE (MMIDDIYYI DATE lMMIDDlYY1 OENBlAL UABlUTY GENERAL AGGREGATE $1,000,000 A COMMERCIAL GENERAL LIABILITY CFC27471797 11/07/96 11/07/97 PRODUCTS - COMP/OP AGG $ 1,000,000 CLAIMS MADE [!] OCCUR PERSONAL &. ADV INJURY $ 500,000 OWNER'S &. CONTRACTOR'S PROT EACH OCCURRENCE $ 500,000 FIRE DAMAGE (Anyone fi,e) $ 50 000 M ED EXP (Anyone person) $ 10,000 AUTOMOBlUE UABlUTY 11/07/96 COMBINED SINGLE LIMIT $ 1,000,000 B ANY AUTO CA04405206 11/07/97 ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per sccident) PROPERTY DAMAGE $ OARAOE UABlUTY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE EXCESS UABlUTY EACH OCCURRENCE $2,000,000 A UMBRELLA FORM TBA 07/17/97 11/07/97 AGGREGATE $ X OTHER THAN UMBRELLA FORM WORKBlS COMPENSATION AND EMPlOYBlS'UABlUTY TH E PROPRI ETOR! INCL EL DISEASE - POLICY LIMIT PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $ OTHBl A Equipt Floater CFC27471797 11/07/96 11/07/97 MISC TOOL 12,500 MATERIALS 80,000 DESCRIPTION OF OPBlATlONSILOCATlONSNEtlCLES/SPECIAIL ITEMS pr~ect: Greens Point Reclai.ed Water Main Extension Ce ificate Holder is added as Additional Insured under the General Liability section of the policy. WINTSPR SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCElUED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDBl NAMED TO THE LB'T, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUOATlON OR UABlUTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED~ ~ ..........<<........;...............~~.....~. City of Winter Springs 1126 E. State Road 434 Winter Springs, FL 32708 A~()I'lQ..?$..,..('~,>> '.~:'l':'i"'l'"'!~.lW;r -::i_'::,~~:\'t;i\l[;lt-"'J('..:.;,-:-'---:--:;;:--':-i-'.';;';:.r~~' ,'W';;~~ "~"'r- . . . . . . . , . , , , , , , , , , , , , , . , , , . . . . . . . . , . . , . ......,.~c:;:C?~i?TM.!:!....... ... .:. PRoDucERC4(7)78s=3ooo... .........................I=AX........ nsurance Office of America, Inc 150 North Westmonte Dr. P.O. Box 162207 Altamonte Spgs.. FL 32716-2207 Attn: Che 1 Hei se .. ..DATE{MM/DONY).. 09/11/1997 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 Ext: 4164 COMPANY A ZC Insurance Company Bruce Mcgonigal. Inc. 3940 Moores Station Rd. Sanford. FL 32773-6523 COMPANY B COMPANY C COMPANY o INDICATED, NOlWlTHSTANDING 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DONY) DATE (MM/DDIYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE GENERAL AGGREGATE $ PRODUCTS - COMPIOP AGG $ $ $ $ $ CLAIMS MADE OCCUR PERSONAL & ADV INJURY FIRE DAMAGE (Anyone fire) MED EXP (Anyone person) AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT $ BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ... " .,,,..,, ".."....,."""...... .........""",.,..... .. "".".......". ,','," ..'..'.'.... ." ',','.' ..........".., " .... ...."",,,,,,.. ..... ".." .....,,,,,,,,,,,,,, ... A THE PROPRIETOR! PARTNERSlEXECUTIVE OFFICERS ARE: OTHER 19718288097 INCL EXCL 01/01/1997 EACH ACCIDENT $ ""'",....."........,.,...",.................."" AGGREGATE $ EACH OCCURRENCE $ AGGREGATE $ $ !.X..: T()~Y~IMITS.:.. : ER . ::::::::::::::::::(t:i:i:i:i::!i":ft::i!!:::i!!::::!t!:!:i!!:\ 01/01/1998 EL EACH ACCIDENT ...............$........... ....s..()~..~.~.~.() :ELDISEASE-POLICYLlMIT . $ ......5.00.000 : EL DISEASE - EA EMPLOYEE $ 5 0 0 . 000 EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlSPECIAL ITEMS E: Greens Point Reclaimed Water Extension Project :S::::::::::::,::;:;:!:;:::::::;:;:;:::::;::::::!;:;;::;:::;:::::\:.;:;::J!!!!i!i!:!ii:::::!i"://::::::/:::!!:::::::;::::::;!!:!/i:i:i:::i::ii:::::/i:i:::::::i:/i::ii::::mmmt::::::i::i:iiiiiii::/:::;:::ii:iii!m:i:!!!i!!!!!!:!!!::::::::::::::;::;::!;:;:;:;:;;;:;:;;;:;:;::::::::::::::::::::::;::.):::;:;.::;::;::i/m:i:ti!m!m:::i:i:i:i:::i:i::!i::::!:!:::!i!:!!!i!i:::i!m::iii:i/ii:!m:::::::::::::::::t::::i:i::i::i:it!m::;:://i:/::i!:!:::::::::::i:iii:i:!m::!:!:::!m::::!m::::::!::/:::::::::::: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL .....l!l.- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, C i t Y 0 f Win t e r S p r i n 9 s BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1126 E. S R 434 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Wi nter Spri n9s FL 32708 AUTHORIZED REPRESENTATIVE :ftE!!!.:~t!lm/::ii::i::ii:i:ii::i:::t::i::'/i!i"!i"!i":i:::i:::::t:!:!:!m!m:::::i:::iiii:!i":::::::::i:/i:::i:::i:i:i!i":i:i::::::::::::://t/tt:;:!i"!m:i!i";::t:::::;:::!:!:::;t::i!::ili::;!i::;:::~::::::::li~m;ii::;:::;ti:;i!:ill::fi:;ti~m::::~:~~n9!n!::::::::. " Poe& Brown Poe &: Brown, Inc. 220 South Ridgewood Avenue P.O.Box 2412 . Daytona Beach, Florida 32115 904/252-9601 . FAX 904/239-5729 . , September 11, 1997 The City of Winter Springs 1126 East SR 434 Winter Springs, FL 32708 Re: Bond No. Contractor: Project: C.P.: CSB0900108 Bruce McGonigal, Inc. Greenspointe Reclaimed Water Main Extension $159,400.92 Gentlemen: You are hereby authorized to date the Performance & Payment Bond and Power of Attorney on or after the date of the contract on the above project, provided that the contract is executed within a reasonable amount of time and that there are no material modifications to the contract the subject bond covers. Sincerely, CUMBERLAND SURETY INSURANCE COMPANY JRH/lcr , ;. - _ Cumberland surely Insurance Company, Inc. 09-107 LexiagIm. Kedudty ~ POWER OF' ATTORNEY KNOW ALL OF THESE PRESENTS.1be CUMBERLAND SURETY INSURANCE COMPANY. INC.. a KcnluckyCorporation. havinsita principal o8ice iD 1be City ofl.cxinpla. Ccxdy of Fayette. State of Kentucky. doca bcrcby mike, ClOIlIIitutc and lflPOint: Don Bramlage, James R. Hall *********************************************************************** of. Daytona Beach, FL ita true and lawful AUomey(s)-in-fad in their separate capacity ifmore than OlIO is IIImecI Ibove to make. execute. sign, seal and deliver for and on ita beba1f as surety and ita lid and deed (without power of redeleption) any and all bonds and undcrtaIcinp and other writinp obliptory in 1be nature thereof (except bonds guaranteeing 1be paymaa of principal and interest of DOtes, mortp&e bonds and 1IlOI1pgcs) provided 1be IIIlOId ofllO OlIO bond or UIlCIertaking exceeds ****** One Million Two Hundred Fiftv Thousand & No/l00 ********** DoIIIn ($ **1,250,000.00*******). Tho exec:ution of such bonds and undcrtaIcinp sbaIl be as binding upon said Cumberland Surety Insunnce eoq,any, Inc. as fUlly and to all inteIU and JllU'POH as if the 1lIIIO had been duly executed and Iclcnowledged by ita regularly elected oflicen at ita Home Office in Lexington, Kentucky. ID WiIDeIa Wheroo( Cumberland Surety Insunnce Company, Inc., bas caused 1bese preseuts to be signed by ita Authorized Officer, this 1be 1st davof November. 1994. CUMBERLAND SURETY INS~PANY, INC. ~~~~ -- State ofKcntudty) as: County ofFayeUc) On this 1st dav of November. 1994 before me, a Notary Public in and for the State of Kentucky, pcnonally came William S. Patterson to me known. who adcDowIedpd exeaation of 1be preceding instrument and beinc by me duly sworn, did depose and say, that be is President and Secretary of Cumberland Surety Insunnce eoq,any, Inc., that 1be seal afIixed to said instrument is 1be corporate seal of Cumberland Surety Insunnce Company, IDe.; that said corporate seal is affIXed and their signatures sublcn'bed to said instrument by authority and order of 1be Board of Directors of said Corporation. JaT__I.................my......."""'-~~ ~s~ ~ ~~ C'(C";. :f ~OTAR~ ~ N I' _._ le_ "'... 'UBLlC KentUCky State-at-Large ~/ _ ....,/_ 0 D .,,, ~ M Commissi' E . U 0" 7 4 ~ ~r l...rJe.. y on 1Ip1J'CS: This Power of Attorney is granted under and by authority of the following resolution adopted by 1be Directors of Cumberland Surety Insunnce Company, Inc. on1be 10th day of July, 198'. Resolved, 1be Presided or Vice-President, in conjunction with the Secretary or any Aasistant Secretary, be and they arc hereby authorized and empowered to Ippoint Attomeys-in-fId of 1be company iD ita name and as ita acts, to execute and acknowledge for and on ita behalf as Surety any and all bonds, recopiza-. contradl of indemnity and all other writings obliptory in the nature thereof; with power to attada thereto the seal of the Company. Any such writinp so executed by such AtIomeys-in-fId shall be as binding upon the Company as if they bad been duly admowIedged by the regularly e1edcd Officers of the Company in their own proper penon. Now Thorcfore, the signatures of such officers and the seal of the Company may be affixed to any such Power of A1tomey by a flCSimile, and any such Power of A1tomey bearing such flCSimile signatures or seal shall be valid and binding upon the Company. State of Kentucky) as: County of Fayette) L William S. Pattcnon of the Cumberland Surety Insunnce Company, Inc. do bcrcby certify that the foregoing is a true and correct copy of a Power of Attorney, executed by said Cumberland Surety Insurance Company, Inc., which is still in fUll force and eff'ect. In WiIDeIa Whereof; I have hereunto let my band and affixed the seal of said Corporation at Lexington, Kentucky, this day of , 19 J;'IILJUID SURElY INS COMPANY, INC. SECRETARY JSS-12