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HomeMy WebLinkAboutResolution No. 1979-59 MICROFILMED 4-11-80 RESOLUTION NO. 79-59 A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA, TO ENTER INTO AN AGREEMENT WITH HICKS CONSTRUCTION CO. , INC. , OF BREVARD COUNTY, FLORIDA, FOR THE CON- STRUCTION OF A STORAGE BUILDING FOR THE CITY OF CAPE CANAVERAL STREET DEPARTMENT; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: ' SECTION 1. The Mayor and City Clerk are hereby authorized to execute an Agreement with Hicks Construction Co. , Inc. , of Brevard County, Florida, for the construction of a storage building. for the City of Cape Canaveral Street Department, a copy of said agreement being attached hereto and made part hereof by reference. SECTION 2. This resolution shall become effective immediately upon its adoption. `4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th .day of December , 1979. .�� { cArmi,° ,, ' - e Lr ' ; -_, ayor Attest • i4t140 ;D: j ., �✓ • At NAME YES NO Appro ed`as to. form: BOYD la CALVERT, / �__ -I , LEE ty Attorn-y MURPHY `s RUTHERFOF ) y. • 1 •. e ILGAR.EL'E,IT BETv1EFN Ot1liER lii"D COI;T:iACTOlt Sit • - ., s 11CI'�i�,Er;EP,Tr ' ' rade the s 9t1i. day of January , in the year of Tlineteen -hrurdred a�- . Eighty D1;WEEN City of Cape-'.:.Canaveral the 01,,N:....,_•,; r_c t 5 105 P• olk Avenue 1tCape Canaveral, Fla. ci. ,..;•,---.:,i' ' h� i . lacks Construction nc. the CO1TTRACTOR= Co.,9 ' ,, = 630 Cypress S�reet. P. 0. Box 1011 Herritt Island, Fla. g -� :' •T O;lNEt: and _the, CONTRACTOR agree. as set forth below. p_Vr ; r ARTICLE 1s r T' WORK F Tra Conti,actors shall perforr.' ail (the work required by the. Contract - - nocurdents for sj Strce• t Dept. Equipment, Maintenance -R- Oific,e Building. •Z t 4.. i_ - •fiARTICLE 2�. ' x a F } f- r Tre architect for this-project is Henry D'Axdco, A.I.A. Architect, s 1{j) � who will prepare plans only. P 1 1 •t;� t r . • • A}3TICLF3` 1 TI1SE OF COt:l4E110Ei~ '1T AND CO r LLTIUN • ,t `- ' r The iroric to be"`performed!under this Contract• shall be -commenced i':i rdn x - seven (7):•:days "after receipt of„,.recorded Notice. of Commencement, or ' vitlun ten (10)' days "after receipt of signed contract. • ' ' h_ and completed within seventy__--Dive (75) days. . : • s ---,:-•,!:.3.;•, ARTICLE It COhIR!LCT sU1 y • • ,-....,..;•,-, •.,;,..,--...,.,.,:.�'. I. •:r.-��=ner shall pay Ioe Contractor for the performance of the .•;.��_;,'_, sec; �c r' v- ` k :to addi tions and deductions by Change Order as pro�,-idec'. 1-2erein, ir: t'.;_ 'er_t r 'i.unds, the Contract ilea of .. .Treaty-two thousand& no/.100 dollars ($22,000.00). . •i ` '....."'.....,.,'. %.:',''''';':.; :. 1 • '.., ',;•• •",t• , '. Y ty l , P • • • - " • . 1. - _,ate _ 2.. `v. 7" < l • - • • yY • • . T • . • ti ARTICLE 'S • PROGRESS.. P1 ThEi:TS r dna+' - &ased;iX on applications'for payment submitted to the Owner by..t}u: r tr-� . } !� Cont[raator, tihe:Ow...-- ' •shall make progress payments on: account of:.tile ,„-..i..:, ,,.:..,•, ,...,,..,........, •. .. , • . .. . . ', ✓ [•� ," contract sum to .-the Contractor' as follows J j ♦ri it t r" ,V 1 ~ Draw No 1 When' slab is poured. $5 000.00 sf Draw Pao. 2 When steel materials are - F • � ' :...,- .7- • to site $12,000.00 s 3 ,_ 1 Draa ATo. 3 When k�ork covered by this • } Contract:.is, completed. $5 000.00 r �t ?. - 9RTICLE 6 ' • FINAL PAY-lINT The Curer shall make f�r�al payment ten .(10) c.ays. after comple•tion,• of S • he'Work, pro•vided the:Contract'be then fully• .pezlormed,' .subject to the :-.'-':'.-V.,,,!-;.:;,...,`:5,;-.'--,.-..-.•':...:' provisions .of r,ticle .16 of_ the General Conditions .: S yt I t ��ar tk n F K • • - ;1 F= y •;,;-'...:,-.-:••.:•-..:-..--.:, : A.TICI,E 7 • • EIiU'i '. RA i IOfl Or.CO1`iTR4C T DOCU} E1.1TS ti _ Tne Contract:Doc imen�s ire as notes in Article F3 of the Genes dl•C:;t•.,1_i ti..ons- F and re erumei ate d ,as. •folloirs • , •K` ` roposal dated December .3,' 1979.. .� y �' Plans re aced b • >, .tp xi i �� x wi r P F y. Henry D Armco,._A I.A architect labeled - _ z in, r 7 ; Q' r CE1JE AL C 1 (i JUITJOi1S • • c' w • Is��iTICLE II ' • • CO TTRIiCT DOC r )y'JTS • p ...•• •• 'Contract Documents consist of this AEI eeTtent (�nhich incl ud s t.: t�cn r=- 7 �;onditmons), Suppler;ertary and other Co• ndi tions, the DI nJirLs, t ,c ecc:_i':- cap o*rs,• ail Addenda issued prior to the execus.i or. of the ALrecrr:e )t, a'- GT_e drrents .and Change Orders. These form t1 e Contract and wi-at �c ec'�:"moi; , bar er r- one; shall be_ as;binding as if reau�red by a11. •The interni c".--. t}te �'' Contract Docurents 'is.•to include all labor, materials a_nd 'ea Lip; e::i ; cces,ai y 4 ; for the 'proper execution and completion ofthe i°7ork. and file terns aril •••••,,,-.--'52;.:-;."•,•-'---T-.-.'" c c..xm ti ons _of pad me f • nt t}_ere_or and also to includ--;s11 -Work` '��hich aa:- be reasonabl .,,infer able Coni ac �_ y' .fr!-ri the : t rnc:um�a . , ri l,r; ,�,• t � produce_•tie 111tinrJr Yt;`iiiI J. 1.11f; 11l;C',(i; .`,tit h nes t 1 14 2' __- - Y _ k �.r; `Y, h tin _ _ 1'" _ c" :i.. - y c..t�r,,s'tRr l- n tf '`.SP a L.�k:• - • 'i The Contract Documents shall be signed in ,not less than triplicate by. the Owner and the Contractor. By executing the Contract, the Contractor represents :..that he has visited the site and familiarized himself with the local conditions under.,which the Work is to be performed. • ;: x The term Work as used in the Contract Documents includes all labor necessary to Produce the. construction required by the Contract Documents, , •: and all materials:'and equipment incorporated or to be incorporated in such construction. :... ARTICLE 9 OWNER The Owner shall furnish all surveys, and shall secure and pay for easements forstructures or;permanent cha permanent ages :in existing facilities.• .." The .O••ner shall issue all instructions to the Contractor. _ - ARTICLE 10 CONTRACTOR - •r The"Contractor shall supervise and direct the Work, using his best skill and attention; The Contractor shall be solelyresponsible for all construction means, methods techniques, sequences and " , q , , q procedures and for coordinating all portions of the Work under the Contract. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor materials e ui ment construction equipment and machinery, s q P ,. tools, ;r 1 water, heat, utilities,: transportation, and other facilities and services necessary for the proper execution and completion of :the The Contractor shall at all times enforce strict discipline and- good order o_ng "his;employees and shall not employ on the Work any unfit person or anyone not skilled in the "task assigned _ " to him. " • The Contractor -warrants to the Owner that all materials and equipment incorporated in the Work will be new unless otherwise specified, and that °'•is..'.. ::,c all Work will be of good quality,: free from faults and defects and in con- formance with Contract Documents. All Work not so conforming to these • standards may be considered defectiv• e. The Contractor shall pay all Sale's, consumer, use and other "similar taxes required by law and shall secure all permits fees and- licenses necessary for = the execution of the Work.:. " The Contractor shall give all notices and comply :with all laws, ordinances, • �, lY rules, regulations, and orders of any public authority bearing on the perfor- " mance of the Work, and shall notify the Owner:if the Drawings and Specifications" are at variance therewith." " The Contractor shall be responsible for the acts and omissions of all his s ., employees and::all Subcontractors their agents and employees and all other -' ; s g persons performing any of the Work under a Contract with the Contractor. The 'Contractor shall furnish all samples and shop drawings as"directed for approval of the Owner for conformance with design concept and with the i nformati on given in the Contract Documents. The Work shall be in accordance 4-ith approved samples and shop drawings s x The Contractor at all times shall keep the premises free from accumulation ;1 k3 J • of waste materials or rubbish caused by his operations. At the completion of • 'the Work he shall remove all his waste materials and rubbish from and about the Project as yell as his tools, construction equipment, machinery and surplus materials, and shall clean all glass surfaces and shall leave the Work "Broom clean" or i equivalent, except as otherwise specified! p p t 3 �� a ; ac ry tf az,3'"Y� ?% • The 'contractor shall indemnify and hold „harmless the Owner and his y:'...” employees from and against all claims, damages,__losses and expenses including attorneys' fees arising out of or resulting from the performance • of the Work,.provided that any such claim, damage, loss or expense (a) is attributable to-bodily injury, sickness, disease or death, or to injury • _ to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom; and (b) is caused in whole :'or in part '' by any negligent act or omission of the Contractor, any Subcontractor, any=. -'. one direct or.indi.rectl employed of them or anyone for..whose acts - '-" 1,V Yby any Y any of them may be liable, regardless of whether or not it is caused in part by a partyindemnified hereunder. In any and all claims against the Owner :or his employees by any employee of the Contractor, any Subcontractor, any- _ one directly or"indirectly employed by any of. them or anyone for whose_acts any of them may be the indemnification obligation under-this Para- graph shall not be limited in any way by any, limitation on the amount or • type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workmen's compensation acts, disability benefit . acts or other employee:.benefit acts. ARTICLE 11 SUBCONTRACTS ▪ A Subcontractor is a person who has"a direct contract with the Contractor to perform any of the work at the site. . . Prior to the award of the Contract the Contractor shall furnish to the Owner in writin.g a list of the names of Subcontractors proposed for the principal portions of the Work, if requested by Owner. The Contractor shall not employ any Subcontractor to whom the Owner may have a reasonable objection. The Contractor shall not be required to employ any Subcontractor to whom he has a reasonable objection.---.:. Contracts`between the Contractor and .the Subcontractor shall be in accordance with- terms of this Agreement"and shall include the • General Conditions of this Agreement insofar as applicable. - 3 - _ARTICT.F 12 SEPARATE CONTRACTS The Owner has the right to let other contracts in connection with-the ?work and the Contractor shall properly cooperate.-.with any_ such other Contractors.__:,, rr ,^ • ARTICLE 13. _ - ROYALTIES AND PATENTS The Contractor shall pay all royalties and license fees. The Contractor . " shall defend all suits orclaims for infringement or any patent rights and shall save the Owner harmless from loss, on account thereof. ARTICLE 1 ARBITRATION aims or disputes arising out of this Contract or the breach thereof shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining ->- unless the arties :_,,,;; :,•= „;.._ _ mutually y a gree otherwise.' Notice of the demand for ,� i ;arbitration shall befiled in writing vrith the other party to the Contract an_d with the American Arbitration Association and shall be made within a reasonable time after the dispute has arisen. • ARTICTF 15 • TIME time limits stated in the Contract Documents are of the essence of the Contractss _ If the Contractor.. is delayed at any time-.in the progress of the Work by changesordered in.`the Work, by;:labor disputes, fire, unusual delay in .: transportation;* avoidable casualties, causes beyond the Contractor's } control, or'by any cause which the Owner may determine justifies the delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Owner and Contractor may determine. ARTICT:F 16 PAYMENTS . • rf Payments shall be made as provided in Article 5 of this agreement. Payments may be withheld on account of (1 ) defective Work not remedied, (2) claims filed, (3) failure of the Contractor to make'payments properly to Subcontractors ...r ;_y..,...._�::.:.;.-'.-. _:•:;'�-.:?'.;::-_: � bcontractcrs or for labor, materials, or equipment, (14.) damage to another contractor, or (5) unsatisfactory prosecution of the Work by the Contractor. : Final payment shall not be due until the Contractor, has delivered to the 'Owner a complete release of- all liens arising out of this Contract or receipts in full covering all labor, Materials and equipment for.t which a lien could be filed; or a bond satisfactory to the Owner indemnifying him against any lien, The making of final paymentshall constitute a waiver of all claims by the Cromer except those arising from (1 ) unsettled liens, (2) faulty or defective Work appearing after Substantial. Completion, (3) failure of the Work to comply with the requirements of.the Contract Documents, or (4) terms of any special guar- tees required by the Contract Documents. The acceptance of final pay- ,,.,,:���-.,,--. }. :.:.._ meat shall constitute a i•iaiver of all claims by .the, Contractor except ._those previouslymade in writingand still_ unsettled. ARTICLE 17 PROTECTION OF PERSONS AND PROPERTY The Contractor shall be responsible for initiating -maintaining, and super= - vising all safety precautions and programs in connection with the Bork he _ f- r shall take all reasonable precautions for the safety of, and shall provide... all'reasonable'protection to prevent damage, injury or loss to (1 .) all • , on the Work and other persons who may be affected thereby, (2) all ,.'.r the ldork and all materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. He shall comply with all ar licable laws ornnces rules reulations and orders of any P s ordinances� � ogPublic authority havingjurisdiction-for the safety j of persons or property or to e rotect them from:damn in or loss All damage or lose co a. property ..y. Pg � j�'Y - arr./.� 'caused'in-' whole or in .part by the Contractor, any Subcontractor, any Sub- ' ` 'subcontractor or anyone directly of indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the = Contractor, except damage of loss attributable to faulty Drawings or Specific- :; or to the acts or omissions of the Owner or Architect or anyone employed by either of them or for whose acts either of them may be liable out which arenot attributable to the fault or negligence of the Contractor. . ARTICLE 18___ CONTRACTOR'S LIABILITY II•IStHANCE - The Contractor shall purchase and maintain such insurance as will protect him from claimstinder workmen's compensation acts and other employee benefit acts, from claims for damages because of bodily injury, including death, and £ 1 z,N t r - fro'mclaims for damages to property: which may arise out of or result from uy', ..' the Contractor's :operations under this Contract, whether such operations be '°'' byhimself or.by any Subcontractor or anyone directly or indirectly e7:ployed by any of. them. This insurance shall be written for not less than any limits of. liability specified as part of this Contract, or required by law, which- . , ever.''is; .the greater, and shall include contractual liability insurance as ' applicable to the Contractor's obligations.-. Certificates of such insurance Vz . shall be:filed with the Owner. . r ARTICLE 19 OWNER'S..LIABILITY INSURANCE The :Owner shall be responsible for purchasing and maintaining'his own liability insurance' and, at his option, may maintain such insurance as will , protect him against claims.'which may arise from operations under the Contract. �= ,•'.: ::.i..'.-::: :: ARTICLE - - " 20 . . ; , ',. - • • -: PROPERTY INSURANCE . . : . , u : Unless otherwise provided, the owner shall purchase and maintain property' ." t; '-';:_ ' :'_ : - insurance upon the entire Work at the site to the full insurable value thereof. This insurance•shall include the interests of the Owner, the Contractor, i ' ....1.:...'''''''---..-:,. Subcontractors' and Sub-subcontractors in the Work and shall insure against [: the perils of Fire, Extended Coverage, Vandalism and Malicious Miscief. I. Any insured loss is to be adjusted with the Owner and made payable to the ( Omer as trustee. for the insureds, as their interests may appear, subject to :.:,, the requirements of any mortgagee clause. f The' Owner shall file a copy of all policies with the Contractor prior to the Commencement of the Work - - - *::-C._',. "•~-' ,--: The fawner and Contractor waive-all rights against each other for damages - ~•-,:; ;caused by fire or other perils to the extent covered by insurance provided j under this paragraph: The Contractorshall require similar waivers bySub- contractorsand-Sub-subcontractors. _. _ - - . ARTICLE , ...'':- :::. -=_ : :-: CHANGES 171 THE WORK.:_ :. The- GWner without 'invalidating the Contract may -order -Changes in the Work 3 consisting of'additions;' deletions, or modifications`,_:the Contract Sum and - - ;=''''''. .; the Contract_ Time being adjusted accordingly. All such Changes in the Work ''�'.'-' ' spall be authorized bywritten Change Order signed _ g by the Owner. The Contract Sum and the Contract Tithe may be changed only by Change Order. The cost or credit to the Owner:from a Change in the Work shall be determined by.mutual agreementx before executing the Work involved. ARTICLE 22 - CORRECTION OF,WORK s:_, _'':i' ;- ,:. "le Contractor shall correct any Work that fails to conform to the _�tluire- -. meats of the Contract Documents where such failure to conform appears during - the progress of the Work, and shall remedy any defects due to faulty materials, equipment or workmanship which appear within a period of one year from the , :-',:;--:: , Date of Substantial Completion of: the Contract or within such longer period of time as may be prescribed by law or by the terms of any applicable special - 'T :°-':-_•_ '• �:guarantee required by the Contract Documents. The provisions of this Article `- 22 apply to Work done by Subcontractors as well as to Work by direct employees . . .- ...,...:z.:--:-.::-.,.:,,,,:. ,: of the Contractor:'..' :. .- - ' -6- <, . Ci i}3 _�Y.:, • ' :--'------= - - `. _..,,,r ^.,.,.,r...,-..--._.-±.":-._,.--- - r at - r ;ei -f-, _ ..., -.—_.... .__________.__.._. .Li_.� . • i K Y Y `• N. ty A Yrs t .. -' 1W i x.,-..• r. !. ,,,,I..,-.4:.:4'':. . - • • • •iY .. , al ARTICLE 23 , � If the Owner.fails to make payment hereon for a period of thirty (30) {.:ntiy4 , days, the• Contractor may, upon seven days' written notice to the Owner • ,' ; , ` ..' ',terminate'-the ,Contract and recover from the Owner payment for all work 4 ; tit', • '_'executed and for any proven loss sustained upon any materials, equip- '" " ment� tools ' and. cons tructionequipment and machinerincluding reason- #j y"� ? • -•'able, profit, and damages. • 4 • ARTICLE 24 ` TERr1INDATION BY THE OWNER +` 3 is t'r, r x • If the Contractor defaults or •neglects to carry out the Work in accordance ;with`.ahe:Contract Documents,,or fails to perform any provisions of the irS...1,-..,,,,,,..-„,,,.4,..„..1.-„,,,, i„.;....,..,.. A�S , .,Contract, the. Owner may, after seven days' written notice to the Contractor. " .and without re'udice. to' other remedyhe mayhave make + �` �' prejudice any , good such. a, deficiencies and may deduct the cost hereof from the payment then or here its • �' ' . after due the Contractor or, at his' option, may terminate the Contract and. ' xt take possession of the site',and of all materials, equipment, tools, and . �,,c� " construction equipment and machinery hereon owned by the Contractorand may ,• t� ,y finish the,Work by whatever method he may deem expedient, and if the unpaid .,; "„ >r balance 'of. the Contract Sum exceeds the expense of finishing the Work, such ''tt�$. r'" ' `excess shall be paid to the Contractor, 'but if such expense exceeds.,such . k,,; , un•paid'balance, the Contractor shall pay, the difference to the Owner.' rt 7 rh #Yw f} s (��xs*1�tiltl iii(. ;