Loading...
171RESOLUTION NO. 171 1 A RESOLUTION AUTHORIZING THE MAYOR OR THE a VICE MAYOR AND THE CITY CLERK TO EXECUTE AND STANDARD OC NTRACTORMPURSUANTOF ETONTHE AWARD ON OWNER F THE BID FOR CONSTRUCTION OF THE PUBLIC LIBRARY TO HAROLD J. READ, GENERAL CONTRACTOR. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Section 1. That the Mayor or the Vice Mayor and the City Clerk be and they are hereby authorized and instructed to execute the standard form of agreement between owner and contractor tendered to the city by Harold J. Read d/b/a Harold J. Read, general con- tractor, a copy of which is attached hereto and made a part hereof, said contract pertaining to the construction of a new public library for the city of Edgewater, Florida. Section 2. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed and rescinded. Section 3. That this resolution shall become effective immediately upon its adoption. The above and foregoing resolution was presented by Councilman Bebbington who moved its adoption, said motion being seconded by Councilman Walls , and upon roll call vote said resolution was duly declared adopted at a regular meeting of the said City Council held on 6thday of March 1967, the vote of said Council upon said roll call being as follows: war 17f Attest: d'�/ �' G4 n Approved this 6th day of March A. 1967. Vice Mdyor oo'�xC � oe3Jxl oe3x_ THE AMERICAN INSTITUTE OF ARCHITECTS AIA DOCUMENT A101 eDPT. I THE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR WHERE TBB BASES OF PAYNBNT 0 A . STIPULATED SUM 0 TGls FORN TO BE USED ONLY WITN THE LATffiT EDITION OF < AIA DOCUNENT AM. GENERAL CONDMONS OF THE CONTRACT t THIS AGREEMENT made this First day of March BY AND BETWEEN THE CITY OF EDGEWATERs FLORIDA in the year Nineteen Hundred and Sixty —Seven hereinafter called the Owner, and HAROLD J. RESDs d/a HAROLD J. REED hereinafter called the Contractor, GENERAL CONTRACTOR WITNESSETH, that the Owner and the Contractor for the considerations hereinafter named agree as follows: ARTICLE 1. SCOPE OF THE WORK The Contractor shall furnish all of the materials and perform all of the work shown on the Drawings and described in the Specifications entitled: IN.r. 1—e w e.e.wo a�er.W— e9 G. w°rs .. w .e °m.e we9e.ee ceee-.De..] NEW PUBLIC LIBRARY FOR THE CITY OF EDGEWATERs FLORIDA prepared by: CRAIG J. GEHLERT le 0 P acting as and in these Contract Documents entitled the Architect; and shall do everything required by this m Agreement, the General Conditions of the Contract, the Specifications and the Drawings. .1! OWNER�CONTRACTOR AGREEYRNT AIA DOC. AIO� FEPT. IBW ED. FOUR PAGES /19 s New F.1k Ave NW..Wualry .�D. C. FAGEI oe3;: omx, ARTICLE 2. TIME OF COMPLETION The work to be performed under this Contract shall be commenced and completed as follows: (.— .—I .tiWl.tien v m I ..W s—, n .n>.) Project shall commence upon written authorization by the Architect and shall be completed on or before 90 calendar days from said notice of commencement. ARTICLE a. THE CONTRACT " The Owner shall pay the Contractor for the performance of the Contract, subject to additions and deduo- [ions provided therein, in current funds as follows: car u s n. Nmn . 6-1 �ft For the basic proposal of $23,580.00 Where the quantities originally contemplated are so changed that application of the agreed unit price to the quantity of work performed is shown to create a hardship to the Owner or the Contractor, there shall be an equitable adjustment of the Contract to prevent such hardship. OWNER.CMWrRAMOR AGREEMENT FOUR PAGES ALA DOM A101 am. l9sS an. PAGE 2 ARTICLE C PROGRESS PAYMENTS The Owner shall make payments on account of the Contract as provided therein, as follows: On or about the tenth day of each month ninty per cent per cent of the value, based on the Contract prices of labor and materials incorporated in the work and ninty per cent of materials suitably stored at the site thereof or at some other location agreed upon in writing by the parties up to the last day of that month, as estimated by the Architect, less the aggregate of previous payments; and upon Substantial Completion Of the entire work, a sum sufficient to increase the total payments to ninty per cent of the Contract price. Gm—, mm "r Prm'Rlon m fin limit," m sinks am mEmmt muivea .rue lm wart —mlpm a .mum smile a e—vitt".l ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due fifteen days after Substantial Completion of the work provided the work be then fully completed and the contract fully performed. Upon receipt of written notice that the work is ready for final inspection and acceptance, the Architect shall promptly make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed he shall promptly issue a final certificate, over his own signature, stating that the work provided for in this Contract has been completed and is accepted by him under the terms and con- ditions thereof, and that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable. Before issuance of final payment the Contractor shall submit evidence satisfactory to the Architect that all payrolls, material bills, and other indebtedness connected with the work have been paid or otherwise satisfied. If after the work has been Substantially Completed, full completion thereof is materially delayed through no fault of the Contractor, and the Architect so certifies, the Owner shall, upon certificate of the Architect, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Ow,,, -CONTRACTOR AGREEMENT Must PAGW AIA ROC. kill SEPT. Im. W. PAGE 3 ARTICLE 6. THE CONTRACT DOCUMENTS The General Conditions of the Contract, the Supplementary General Conditions, the Specifications and the Drawings, together with this Agreement, form the Contract, and they are as fully a part of the Contract as if hereto attached or herein repeated. There follows an enumeration of the Contract Documents: Drawing Sheet No;s: No. 1 through 7s dated 11/2/1966 including revised sheet No. 7s dated 1/12/1967 SPECIFICATIONS: Wage Determination and Labor Standard Sheets General and Supplementary General Conditions Division Sectionss No. 1 through No. 26 dated 10/26/1966 ADDEUDUM No. 1 Dated 11/30/1966 ADDEUDUM No. 2 Dated 12/27/1966 ADDEUDUM No. 3 Dated 2/3/1967 COMMISSION No. 6617 IN WITNESS WHEREOF the parties hereto have executed this Agreement, the dap ---- °--• _�_..- ....:..__ wAlnzDa AT7ZT1 �Y'� City Clerk OWNBH-CONTRACTOR AGREEMENT FOUR PAGES AIA DOG AIR. SEPT. IDBr an. PAGE t k4D INSURANCE COMPANY OF NORTH AMEF CERTIFICATE OF INSURANCE Tbis is to Certitp to L J City of Edgewater Edgewater, Florida that the following described policy or policies have been issued to Name and Address Harold J. Read of Insured- 1803 Indian River Boulevard, New Smyrna Beach, Florida covering in accordance with the terms thereof, at the following locationis): STATE OF FLORIDA TYPE OF POLICY X' POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY (a) Standard Workmen's Statutory W. C. Compensation 8 X WC 63 89 48 12�31 �66-67 $ 25,000. One Accident and Employers' LiabilityAggregate Disease (b) General Liability Bodily Injury X CLP 10 07 08 3/25/66-67 Premises -Operations $ 100,OOO. Each Person Elevators Independent Contractors $ 300,000. Each Accident/Occurrence Products Contractual $ net aoV. Aggregate -Products Property Damage Premises -Operations $ 50 000. Each Accident/Occurrence Elevators $ 100,000. Aggregate -Pram. Oper. Independent Contractors $ 100, OOO.Aggregate-Protective Products $ not cou.Aggregate-Products Contractual $ 1 nn non Aggregate -Contractual (c) Automobile Liability Bodily Injury Owned Automobiles 1 $ Each Person Hired Automobiles ` Non -owned Automobiles $ Each Accident/Occurrence Properly Damage Owned Automobiles Hired Automobiles ` f Each Accident/Occurrence Nonawned Automobiles J Id) 'Insurance afforded only for hazards indicated by X. It is the intention of the company that in the event of concelation of the policy or policies by the company, ten (10) dayswritten notice of such concelation will be given to you at the address stated above. I RA CE P�Authhorized TH AMERICA J, E, mblin Representative 1. ORIGINAL Bond N 40 17 34 INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Harold J. Read General Contractor Were heart new nome dq address or legal Vile of Has cart r9ctarl 1B03 River Road, New Smyrna Beach, Florida 32069 as Principal, hereinafter called Contractor, and INSURANCE COMPANY OF NORTH AMERICA, 161 Philadelphia, Pennsylvania, a Corporation duly organized under the laws of the state of Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound unto City of Edgewater, Edge t F) 'd z20't7 (Hero inert the name am addres or legal title of the a.,) ' as Obligee, hereinafter called Owner, in the amount of Lwootiv Three Thn hand five hiindriarl eighty and 23,580.00 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated march 6. 1967 entered into a contract with Owner for Building Edgewater Public Library in accordance with drawin Js?1Vf�atiio�lsyr�Tred by�Creb'.g ehleh oPihatart -A- i- A a a 3 a enue, sac ytone egc , there irxrt full nine am title) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said con- tract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner for be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and condi- tions, or 2) Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon deter. mination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the con- tract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amend- ments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two 12) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this 6th day of march D. 19 67 In the presence of: - (Seal) A `Ik told J. Re (v p I) q J1i'A lag °.. Owner ------------------- (Ttl) INSURANCE COMPANY OF aRTH, AMERICA - ($@A Approved by lM American Infrtute of Artli ttth,n` _ A.LA. acc .me8� o A 3l1 Formerly Form 107) 1958 Win.perfor fair General caMmctors a �� B IF W2] 75,c 1-ss-e1 en.w w v.ss. O FLOWER OF ATTORNEY INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA, PA. Rub) all men by tbege pregentg: That the INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on June 9, 1953, to wit: "RESOLVED, pursuant to Articles 3.6 and 5.1 of the By -Laws, that the following Rules shall govern the execution for the Company of bonds, undertakings, recognirances, contracts and other writings in the nature thereof: (1) "Such writings shall be signed by the President, a Vice President, an Assistant Vice President, a Resident Vice President or an Attorney -in -Fact. (2) "Unless signed by an Attorney -in -Fact, such writings shall have the seal of the Company affixed thereto, duly attested by the Secretary, an Assistant Secretary or a Resident Assistant Secretary. When such writings are signed by an Attorney -in -Fact, he shall either affix an impression of the Company's seal or use some other generally accepted method of indicating use of a seal (as by writing the word "Seal" or the letters "L.S." after his signature). (3) "Resident Vice President., Resident Assistant Secretaries and Attorneys -in -Fact may be appointed by the President or any Vice Pre 'dent, witn such limits on their authority to bind the Company as the appointing officer may see fit to impose. (4) 'Such Resident Officers and Attorneys -in -Fact shall have authority to act as aforesaid, whether or not the President, the Secretary, or both, be absent or incapacitated; and shall also have authority to certify or verify copies of this Resolu- tion, the By -Laws of the Company, and any affeiavit or record of the Company necessary to the discharge of their duties. (5) "Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested by the Secretary." does hereby nominate, constitute and appoint J. E. TUNBLIN, of New Smyrna Beach, Florida its true and lawful agent and attorney tin -fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings in penalities not exceeding TWENTY—FIVE THOUSAND DOLLARS ($ 25,000.00) each in its business of guaranteeing the fidelity of persons holding places of public or private trust, and in the performance of contracts other than insurance policies, and executing and guaranteeing bonds or other undertakings not exceeding TWENTY—FIVE THOUSAND DOLLARS ($ 25,000.00 ) each as aforesaid, required or permitted in all actions or proceedings or by law required or permitted. All such bonds and undertakings as aforesaid to be signed for the Company. and the Seal of the Company attached thereto by the said J. E. T=blin, individually. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Philadelphia, Commonwealth of Pennsylvania, in their own proper persons. IN WITNESS WHEREOF, the said......................................LITTLE �AGE ............, Vice -President, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTHAMERICA this....................._5th.._................................day oE.............................._O.ctober.................. .................. ....................-..19.._6 . INSURANCE COMPANY OF NORTH AMERICA (SEAL) C. F. LITTLEPAGE by ................... _. _.......... _............... _.... _. _..... _. _...... _....... _........ Vise-Pre®dent STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA a' On this...... 5th-........ __.......dayof.. ......_._ October .._._._—A.D.1960.., before the subscriber, a Notary Public of the Commonwealth of PenUrneylNvenin�In for the County of Philadelphia, duly commissioned and qualified, came ....................................... .. ............ ... ....... LRPI).f�4...._ .............._ ....:...... Vice -President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and M. described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and, being by me duly sworn, deposeth and aaith, that he is the officer of the Company aforesaid, and that the seal affixed to the proceding instruments the corporate end of said Company, and the add corporate seat and his signature as officer were duly affixed and subscribed to the said instrument by the authority sad direction of the said corporation, and that Revolution, adopted by the Board of Directors of said Company, re- ferred to in the preceding isetrumeny is now in fares. IN TE, IEREOF, I have hereunto set my band and affixed my official seal at the City of Philadelphia, the day,sed eT. LAB Vvensten. MARY MARGAREI' JONffi (SEAL) ......_......... ......I .................................. ..... .... Notary Psbl;o. �Myoommisyion ezpiras..Jk:y 15, 1962 ° I, rho uudersigned, AWItuat Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that the orIgumli POWER OF ATTORNEY, of which the foregoing is a full, true and ear met copy, is in full force and effect. In witness whereof, I have hgreunto subscribed m Hems as Aeaxeseat Se rotary, an affixed the corporate seal of the Corporation. this:.............__..._l_.r................day of........ �..A.... lz�V........�p/�' (SEAL) ......_..../IAL�r.. .... kX.K.!.kFa..!P................................... AssistantSecretary. ss.e raaree is u...e.