HomeMy WebLinkAbout1121-Prime Const-Cloud Branch C am` �lZ-I
SECTION 00510
NOTICE OF AWARD FORM
TO: Prime Construction Group, Inc
1000 Jetstream Drive
Orlando, Florida 32824
NAME OF PROJECT: Cloud Branch Drainage Improvements — Phase 1 UFB 05/06-08)
The OWNER has considered the BID submitted by you, dated March 30. 2006 for the above
described WORK in response to the Invitation for Bids and Information for Bidders.
You are hereby notified that your BID has been accepted for BID items in the amount of
.3 c4 o e n 5 . /
3,5G0.t�i9.i5�
You are required by the Instructions to Bidder to execute the Agreement and furnish the required
CONTRACTOR's Performance Bond, Payment Bond, and certificates of insurance within fourteen
(14) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to
furnish said Bonds and insurance within fourteen (14) calendar days from receipt of this Notice, said
OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID
as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other
rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
Dated this IS day of _Ll_ t4XV
OWNER: City of Sanford
(Name of OWNER)
Q
By (Signature) \3 —�—
Robert P. Yehl - City Manaoer
(Printed Name and Title)
ACCEPTAN OF NOTICE
Receipt and acceptance of the above NOTIC OF WARD is hereby acknowledged by Prime
Construction Group, Inc this 1 31 a �Tv 2
M
Roy W. Smith
Printed Name and
Presiden
END OF SECTION
SPEGLIB058303 00510 -1
SECTION 00520
PART1 GENERAL
AGREEMENT FORM
1.01 THIS AGREEMENT, made and entered into the day of
by and between the City of Sanford. Florida 300 North Park Avenue Sanford Florida
32771 a municipal corporation of the State of Florida, holding tax exempt status,
hereinafter referred to as the "CITY" (also referred to as "OWNER ") and Prime
Construction Group Inc whose principal and local address is 1000 Jetstream Drive
Orlando. Florida 32824 hereinafter referred to as the "CONTRACTOR ". The CITY and
the CONTRACTOR are collectively referred to herein as the Parties.
1.02 The Owner and Contractor Agree as Follows:
A. Contract Documents
The Contract Documents include the Agreement, Addenda (which pertain to the
Contract Documents), Contractor's Bid, Notice to Proceed, the Bonds, the
General Conditions, the Supplementary Conditions, the Specifications listed in
the Index to the Project Manual, any technical specifications as incorporated by
the Project Manual; the Drawings as listed in the Project Manual, all Written
Amendments, Change Orders, Work Change Directives, Field Orders, and
Engineer's written interpretations and clarifications issued on or after the
Effective Date 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. Scope of Work
The Contractor shall perform all work required by the Contract Documents for the
construction of the Cloud Branch Drainage Improvements — Phase 1 (IFB O5 /06
08 )-
C. Contract Time
The Contractor shall begin work within 10 days after the issuance of a written
Notice to Proceed and shall substantially complete the work within 330 calendar
days from the date of the Notice to Proceed. The work shall be finally complete,
ready for Final Payment in accordance with the General Conditions, within 30
calendar days from the actual date of substantial completion.
D. Liquidated 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
SPECLIB022206
00520 -1
NAME OF PROJECT: Cloud Branch Drainage Improvements - Phase 1 (IFB 05/06-08)
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 1000 for each calendar day
that expires after the time specified in Paragraph C for substantial completion
until the work is substantially complete. It is agreed that if this Work is not Finally
completed in accordance with the Contract Documents, the CONTRACTOR shall
pay the OWNER as liquidated damages for delay, and not as penalty, one -fourth
( %<) of the rate set forth above.
E. Contract Price
Unit 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 and subject to the
Measurement and Payment Provisions, and subject to actual constructed
quantities; the Total Contract Price of Three Million five hundred sixty thousand
six hundred nineteen and 15/100 Dollars ($3.560.619 15 Payments will be
made to the Contractor on the basis of the Schedule of Unit Prices included as a
part of his Bid, which shall be as fully a part of the Contract as if attached or
repeated herein.
City of Sanford Tax Recovery
The Owner reserves the right to purchase directly, via its purchase orders,
various construction materials, supplies and equipment that may be part of this
contract. The Contractor hereby acknowledges that the Owner has the right to
exercise this option and that Contractor will cooperate fully to enable the Owner
to achieve the tax recovery savings applicable to the materials, supplies and
equipment so designated by the Owner.
G. Payments
The Owner will make payments as provided in the General Conditions and
Supplementary Conditions.
H. Retainage
The value of each application for payment shall be equal to the total value of the
Work performed to date, less an amount retained, and less payments previously
made and amounts withheld in accordance with the General Conditions and
Supplementary Conditions. Retainage for this project is 10 %, to be held by
Owner as collateral security to ensure completion of Work. The Owner is not
obligated to reduce retainage at any time during the Contract, but may choose to
do so at its discretion once the Work is at least 75% complete.
SPECLIB022
00520 -2
NAME OF PROJECT: Cloud Branch Drains a Improvements - Phase 1 IFB 05/06 -08
Engineer
The Project has been designed by CPH 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.
Additional Terms and Conditions
1. The CONTRACTOR hereby warrants and represents to the CITY that it is
competent and otherwise able to provide professional and high quality
goods and /or services to the CITY by means of employees who are neat
in appearance and of polite demeanor.
2. All submissions submitted by the CONTRACTOR in the proposals /bid
submitted to the CITY are hereby incorporated herein to the extent not
inconsistent with the terms and conditions as set forth herein.
3. The CONTRACTOR acknowledges that the CITY may retain other goods
and /or service providers to provide the same goods and /or services for
CITY projects. The CONTRACTOR acknowledges that the CITY, at the
CITY's option, may request proposals from the CONTRACTOR and the
other goods and /or service providers for CITY projects. The CITY
reserves the right to select which goods and /or services provider shall
provide goods and /or services for the CITY's projects.
4. The CONTRACTOR agrees to provide and ensure coordination between
goods /services providers.
5. Each party hereto represents to the other that it has undertaken all
necessary actions to execute this Agreement, and that it has the legal
authority to enter into this Agreement and to undertake all obligations
imposed on it. The person(s) executing this Agreement for the
CONTRACTOR certify that he /she /they is /are authorized to bind the
CONTRACTOR fully to the terms of this Agreement.
6. The CONTRACTOR hereby guarantees the CITY that all materials,
supplies, services and equipment as listed on a Purchase Order meet the
requirements, specifications and standards as provided for under the
Federal Occupations Safety and Health Act of 1970, from time to time
amended and in force on the date hereof.
7. It is agreed that nothing herein contained is intended or should be
construed as in any manner creating or establishing a relationship of co-
partners between the parties, or as constituting the CONTRACTOR
(including, but not limited to, its officers, employees, and agents) the
agent, representative, or employee of the CITY for any purpose, or in any
manner, whatsoever. The CONTRACTOR is to be and shall remain
forever an independent contractor with respect to all services performed
under this Agreement.
SPECLIB022206 00520-3
NAME OF PROJECT: Cloud Branch Drainage Improvements - Phase 1 QFB 05/06-08)
8. Persons employed by the CONTRACTOR in the provision and
Performance of the goods and /or services and functions pursuant to this
Agreement shall have no claim to pension, workers' compensation,
unemployment compensation, civil service or other employee rights or
privileges granted to the CITY's officers and employees either by
operation of law or by the CITY.
9. No claim for goods and /or services furnished by the CONTRACTOR not
specifically provided for herein shall be honored by the CITY.
10. Execution of this Agreement by the CONTRACTOR is a representation
that the CONTRACTOR is familiar with the goods and /or services to be
provided and /or performed and with local conditions. The
CONTRACTOR shall make no claim for additional time or money based
upon its failure to comply with this Agreement. The CONTRACTOR has
informed the CITY, and hereby represents to the CITY, that it has
extensive experience in performing and providing the services and /or
goods described in this Agreement and that it is well acquainted with the
components that are properly and customarily included within such
projects and the requirements of laws, ordinance, rules, regulations or
orders of any public authority or licensing entity having jurisdiction over
the CITY's Projects.
11. The CONTRACTOR shall be responsible for the professional quality,
accepted standards, technical accuracy, neatness of appearance of
employees, employee conduct, and the coordination of all goods and /or
services furnished by the CONTRACTOR under this Agreement as well
as the conduct of its staff, personnel, employees and agents. The
CONTRACTOR shall work closely with the CITY on all aspects of the
provision of the goods and /or services. With respect to services, the
CONTRACTOR shall be responsible for the professional quality, technical
accuracy, competence, methodology, accuracy and the coordination of all
of the following which are listed for illustration purposes and not as a
limitation: documents, analysis, reports, data, plans, plats, maps,
surveys, specifications, and any and all other services of whatever type or
nature furnished by the CONTRACTOR under this Agreement.
12. Neither the CITY's review, approval or acceptance of, nor payment for,
any of the goods and /or services required shall be construed to operate
as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement and the CONTRACTOR
shall be and remain liable to the CITY in accordance with applicable law
for all damages to the CITY caused by the CONTRACTOR negligent or
improper performance or failure to perform any of the goods and /or
services furnished under this Agreement.
13. The rights and remedies of the CITY, provided for under this Agreement,
are in addition to any other rights and remedies provided by law.
SPECUB022206 00520 -4
NAME OF PROJECT: Cloud Branch Drainage Im rovements - Phase 1 IFB 05106 -08
14. Time is of the essence in the performance of all goods and /or services
provided by the CONTRACTOR under the terms of this Agreement.
15. Invoices, which are in an acceptable form to the CITY and without
disputable items, which are received by the CITY, will be processed for
payment within thirty (30) days of receipt by the CITY.
16. The CONTRACTOR will be notified of any disputable items contained in
invoices submitted by the CONTRACTOR within fifteen (15) days of
receipt by the CITY with an explanation of the deficiencies.
17. The CITY and the CONTRACTOR will make every effort to resolve all
disputable items contained in the CONTRACTOR's invoices.
18. Each invoice shall reference this Agreement, the appropriate billing
period.
19. The Florida Prompt Payment Act shall apply when applicable. A billing
period represents the dates in which the CONTRACTOR completed
goods and /or services referenced in an invoice.
20. Invoices are to be forwarded directly the City's designated CEI
representative, as identifed at the preconstruction meeting, for review and
processing.
21. CITY designates the City Manager or his /her designated representative,
to represent the CITY in all matters pertaining to and arising from the
work and the performance of this Agreement.
22. The City Manager, or his /her designated representative, shall have the
following responsibilities:
a. Examination of all work and rendering, in writing, decisions
indicating the CITY's approval or disapproval within a reasonable
time so as not to materially delay the work of the CONTRACTOR;
b. Transmission of instructions, receipt of information, and
interpretation and definition of CITY's policies and decisions with
respect to design, materials, and other matters pertinent to the
work covered by this Agreement;
C. Giving prompt written notice to the CONTRACTOR whenever the
CITY official representative knows of a defect or change
necessary in the project; and
d. Coordinating and managing the CONTRACTOR's preparation of
any necessary applications to governmental bodies, to arrange for
submission of such applications.
SPECLIB022206
00520 -5
NAME OF PROJECT: Cloud Branch Drainage Improvements - Phase 1 (IFB 05/06-08)
23. Until further notice from the City Manager the designated representative
for this Agreement is:
Tom George
Public Works Director
City of Sanford
P.O. Box 1788
Sanford, Florida 32772
24. CITY may terminate this Agreement for convenience at any time or for
any one (1) or more of the reasons as follows:
a. If, in the CITY's opinion, adequate progress is not being made by
the CONTRACTOR due to the CONTRACTOR 's failure to
perform; or
b. If, in the CITY's opinion, the quality of the goods and /or services
provided by the CONTRACTOR is /are not in conformance with
commonly accepted professional standards, standards of the
CITY, and the requirements of Federal and /or State regulatory
agencies, and the CONTRACTOR has not corrected such
deficiencies in a timely manner as reasonably determined by the
CITY; or
C. The CONTRACTOR, or any employee or agent of the
CONTRACTOR, is indicted or has a direct charge issued against
him for any crime arising out of or in conjunction with any work
that has been performed by the CONTRACTOR; or
d. The CONTRACTOR becomes involved in either voluntary or
involuntary bankruptcy proceedings, or makes an assignment for
the benefit of creditors; or
e. The CONTRACTOR violates the Standards of Conduct provisions
herein or any provision of Federal, State or local law or any
provision of the CITY's Code of Conduct.
25. In the event of any of the causes of termination, the CITY's designated
representative may send a certified letter to the CONTRACTOR
requesting that the CONTRACTOR show cause why the Agreement
should not be terminated. If assurance satisfactory to the CITY of
corrective measures to be made within a reasonable time is not given to
the CITY within seven (7) calendar days of the date of the letter, the CITY
may consider the CONTRACTOR to be in default, and may then
immediately terminate this Agreement.
26. In the event that this Agreement is terminated for cause and it is later
determined that the cause does not exist, then this Agreement or the
Purchase/Work Order shall be deemed terminated for convenience by the
CITY and the CITY shall have the right to so terminate this Agreement
without any recourse by the CONTRACTOR.
27. The CONTRACTOR may terminate this Agreement only if the CITY fails
to pay the CONTRACTOR in accordance with this Agreement.
SPECLIB022206
00520 -6
NAME OF PROJECT: Cloud Branch Drainage Improvements - Phase 1 (IFB 05/06-08)
28. Notwithstanding any other provision of this Agreement, the CITY shall
have the right at any time to terminate this Agreement in its entirely
without cause, if such termination is deemed by the CITY to be in the
public interest, in writing of deficiencies or default in the performance of
its duties under the Agreement and the CONTRACTOR shall have ten
(10) days to correct same or to request, in writing, a hearing. Failure of
the CONTRACTOR to remedy said specified items of deficiency or
default in the notice by either the CITY's designated representative within
ten (10) days of receipt of such notice of such decisions, shall result in the
termination of the Agreement, and the CITY shall be relieved of any and
all responsibilities and liabilities under the terms and provisions of the
Agreement.
29. The CITY shall have the right to terminate this Agreement without cause
with a sixty (60) day written notice to the other party. The CITY reserves
the right to terminate any Agreement for cause with a five (5) day written
notice to the CONTRACTOR. Notice shall be served to the parties as
specified in the Agreement.
30. In the event that this Agreement is terminated, the CITY shall identify any
specific work to be continued to completion pursuant to the provisions of
this Agreement.
31. In the event that after the CITY termination for cause for failure of the
CONTRACTOR to fulfill its obligations under this Agreement it is found
that the CONTRACTOR has not so failed, the termination shall be
deemed to have been for convenience and without cause.
32. In the event this Agreement is terminated or canceled prior to final
completion without cause, payment for the unpaid portion of the services
provided by the CONTRACTOR to the date of termination and any
additional services shall be paid to the CONTRACTOR.
33. Upon receipt of notice of termination, given by either party, the terminated
party shall promptly discontinue the provision of all goods and /or services,
unless the notice provides otherwise.
34. The performance or provision of the CONTRACTOR's goods and /or
services under this Agreement may be suspended by the CITY at any
time.
35. In the event the CITY suspends the performance or provision of the
CONTRACTOR services hereunder, the CITY shall so notify the
CONTRACTOR in writing, such suspension becoming effective within
seven (7) days from the date of mailing, and the CITY shall pay to the
CONTRACTOR within thirty (30) days all compensation which has
become due to and payable to the CONTRACTOR to the effective date of
such suspension. The CITY shall thereafter have no further obligation for
payment to the CONTRACTOR for the suspended provision of goods
00520 -7
SPECLIB022206
NAME OF PROJECT: Cloud Branch Drainage Improvements - Phase 1 (IFB 05/06-08)
and /or services unless and until the CITY's designated representative
notifies the CONTRACTOR in writing that the provision of the goods
and /or services of the CONTRACTOR called for hereunder are to be
resumed by the CONTRACTOR.
36. Upon receipt of written notice from the CITY that the CONTRACTOR's
provision of goods and /or services hereunder are to be resumed, the
CONTRACTOR shall continue to provide the services to the CITY.
37. The CONTRACTOR agrees that it will not discriminate against any
employee or applicant for employment for work under this Agreement
because of race, color, religion, sex, age, national origin or disability and
will take affirmative steps to ensure that applicants are employed and
employees are treated during employment without regard to race, color,
religion, sex, age, national origin or disability. This provision shall include,
but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment advertising; layoff or termination; rates of pay or their
forms or compensation; and selection for training, including
apprenticeship. The CONTRACTOR, moreover, shall comply with all the
requirements as imposed by the Americans with Disability Act, the
regulations of the Federal government issued thereunder, and any and all
requirements of Federal or State law related thereto.
38. To the fullest extent permitted by law, the CONTRACTOR shall
indemnify, hold harmless and defend the CITY, its agents, servants,
officers, officials and employees, or any of them, from and against any
and all claims, damages, losses, and expenses including, but not limited
to, attorneys fees and other legal costs such as those for paralegal,
investigative, and legal support services, and the actual costs incurred for
expert witness testimony, arising out of or resulting from the performance
or provision of services required under this Agreement, provided that
same is caused in whole or part by the error, omission, negligent act,
failure to act, malfeasance, misfeasance, conduct, or misconduct of the
CONTRACTOR, its agents, servants, officers, officials, employees, or
subcontractors.
39. In accordance with Section 725.06, Florida Statutes, adequate
consideration has been provided to the CONTRACTOR for this obligation,
the receipt and sufficiency of which is hereby specifically acknowledged.
40. Nothing herein shall be deemed to affect the rights, privileges, and
immunities of the CITY as set forth in Section 768.28, Florida Statutes.
41. In claims against any person or entity indemnified under this Section by
an employee of the CONTRACTOR or its agents or subcontractors,
anyone directly or indirectly employed by them or anyone for whose acts
they may be liable, the indemnification obligation under this Section shall
not be limited by a limitation on amount or type of damages,
compensation or benefits payable by or for the CONTRACTOR or its
SPECLIB022206 00520 -8
NAME OF PROJECT: Cloud Branch Drainage Improvements - Phase 1 (IFB 05/06-08)
agents or subcontractors, under Workers Compensation acts, disability
benefits acts, or other employee benefit acts.
42. The execution of this Agreement by the CONTRACTOR shall obligate the
CONTRACTOR to comply with the indemnification provision in this
Agreement; provided, however, that the CONTRACTOR must also
comply with the provisions of this Agreement relating to insurance
coverages.
43. The CONTRACTOR shall obtain or possess and continuously maintain
the insurance coverage as set forth and required in the bid documents.
44. All insurance other than Workers Compensation and Professional Liability
that must be maintained by the CONTRACTOR shall specifically include
the CITY as an additional insured.
45.
The CONTRACTOR shall provide Certificates of Insurance to the CITY
evidencing that all such insurance is in effect prior to the issuance of the
first Purchase/Work Order under this Agreement from the CITY. These
Certificates of Insurance shall become part of this Agreement. Neither
approval by the CITY nor failure to disapprove the insurance furnished by
a CONTRACTOR shall relieve the CONTRACTOR of the
CONTRACTORS full
responsibility for performance of any obligation
including the CONTRACTORS indemnification of the CITY under this
Agreement. If, during the period which an insurance company is
providing the insurance
coverage required by this Agreement, an
insurance company shall: (1) lose its Certificate of Authority, (2) no longer
comply with Section 440.57, Florida Statutes, or (3) fail to maintain the
requisite Bests Rating and Financial Size Category, the CONTRACTOR
shall, as soon as the CONTRACTOR has knowledge of any such
circumstance, immediately notify the CITY and immediately replace the
insurance coverage provided by the insurance company with a different
insurance company meeting the requirements of this Agreement. Until
such time as the CONTRACTOR has replaced the unacceptable insurer
with insurance acceptable to the CITY, the CONTRACTOR shall be
deemed to be in default of this Agreement.
46.
The insurance coverage shall contain a provision that requires that prior
to any changes in the coverage, except increases in aggregate coverage,
thirty (30) days prior notice will be to the CITY
given by submission of a
new Certificate of Insurance.
47.
The CONTRACTOR shall furnish Certificates of Insurance directly to the
CITY's Designated Representative. The certificates shall clearly indicate
that the CONTRACTOR has obtained insurance of the type, amount and
classification required by this Agreement.
48.
Nothing in this Agreement or any action relating to this Agreement shall
be construed as the CITY's waiver of sovereign immunity beyond the
limits set forth in Section 7768.28, Florida Statutes.
SPECLIB022206
00520-9
NAME OF PROJECT:
Cloud Branch Drainage Improvements - Phase 1 QFB 05/06-08)
49. The CITY shall not be obligated or liable under the terms of this
Agreement to any party other than the CONTRACTOR. There are no
third party beneficiaries to this Agreement.
50. The CONTRACTOR is an independent contractor and not an agent,
representative, or employee of the CITY. The CITY shall have no liability
except as specifically provided in this Agreement.
51. All insurance shall be primary to, and not contribute with, any insurance
or self- insurance maintained by the CITY.
52. The CONTRACTOR warrants that it has not employed or retain d
company or person, other than a bona
the CONTRACTOR, to solicit or sea
CONTRACTOR has not paid or agree
corporation, individual or firm other tha
solely for the CONTRACTOR, any fee,
any other consideration, contingent up(
making this Agreement.
e any
fide employee working solely for
'e this Agreement and that the
J to pay any person, company,
i a bona fide employee working
commission, percentage, gift, or
n or resulting from the award of
53. The CONTRACTOR shall not discriminate on the grounds of race, color,
religion, sex, or national origin in the performance of work under this
Agreement or violate any laws pertaining to civil rights, equal protection or
discrimination.
54. The CONTRACTOR hereby certifies that no undisclosed (in writing)
conflict of interest exists with respect to the Agreement, including, but not
limited to, any conflicts that may be due to representation of other clients,
customers or vendees, other contractual relationships of the
CONTRACTOR, or any interest in property that the CONTRACTOR may
have. The CONTRACTOR further certifies that any conflict of interest
that arises during the term of this Agreement shall be immediately
disclosed in writing to the CITY. Violation of this Section shall be
considered as justification for immediate termination of this Agreement.
55. The CONTRACTOR shall ensure that all taxes due from the
CONTRACTOR are paid in a timely and complete manner including, but
not limited to, occupational license tax.
56. If the CITY determines that any employee or representative of the
CONTRACTOR is not satisfactorily performing his /her assigned duties or
is demonstrating improper conduct pursuant to any assignment or work
performed under this Agreement, the CITY shall so notify the
CONTRACTOR, in writing. The CONTRACTOR shall immediately
remove such employee or representative of the CONTRACTOR from
such assignment.
SPECLIB022206 00520 -10
NAME OF PROJECT: Cloud Branch Drainage Improvements - Phase 1 (IFB 05/06-081
57. The CONTRACTOR shall not publish any documents or release
information regarding this Agreement to the media without prior approval
of the CITY.
58. The CONTRACTOR shall certify, upon request by the CITY, that the
CONTRACTOR maintains a drug free workplace policy in accordance
with Section 287.0878, Florida Statutes. Failure to submit this
certification may result in termination.
59. If the CONTRACTOR or an affiliate is placed on the convicted vendor list
following a conviction for a public entity crime, such action may result in
termination by the CITY. The CONTRACTOR shall provide a certification
of compliance regarding the public crime requirements set forth in State
law upon request by the CITY.
60. The CITY reserves the right to unilaterally terminate this Agreement if the
CONTRACTOR refuses to allow public access to all documents, papers,
letters, or other materials subject to provisions of Chapter 119, Florida
Statutes, and other applicable law, and made or received by the
CONTRACTOR in conjunction, in any way, with this Agreement.
61. The CONTRACTOR shall comply with the requirements of the Americans
with Disabilities Act (ADA), and any and all related Federal or State laws
which prohibits discrimination by public and private entities on the basis of
disability.
62. The CITY will not intentionally award publicly- funded contracts to any
contractor who knowingly employs unauthorized alien workers,
constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and
Nationally Act (INA). The CITY shall consider the employment by the
CONTRACTOR of unauthorized aliens, a violation of Section 274A(e) of
the INA. Such violation by the CONTRACTOR of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for
immediate termination of this Agreement by the CITY.
63. The CONTRACTOR agrees to comply with Federal, State, and local
environmental, health, and safety laws and regulations applicable to the
goods and /or services provided to the CITY. The CONTRACTOR agrees
that any program or initiative involving the work that could adversely
affect any personnel involved, citizens, residents, users, neighbors or the
surrounding environment will ensure compliance with any and all
employment safety, environmental and health laws.
64. The CONTRACTOR shall ensure that all goods and /or services are
provided to the CITY after the CONTRACTOR has obtained, at its sole
and exclusive expense, any and all permits, licenses, permissions,
approvals or similar consents.
SPECLIB022206 00520 -11
NAME OF PROJECT: Cloud Branch Drainage Improvements - Phase 1 (IFB 05/06-08)
65. If applicable, in accordance with Section 216.347, Florida Statutes, the
CONTRACTOR shall not use funds provided by this Agreement for the
purpose of lobbying the Legislature, the judicial branch or State agency.
66. The CONTRACTOR shall advise the CITY in writing of it who has been
placed on a discriminatory vendor list, may not submit a bid on a contract
to provide goods or services to a public entity, or may not transact
business with any public entity.
67. The CONTRACTOR shall not engage in any action that would create a
conflict of interest in the performance of that actions of any CITY
employee or other person during the course of performance of, or
otherwise related to, this Agreement or which would violate or cause
others to violate the provisions of Part III, Chapter 112, Florida Statutes,
relating to ethics in government.
68. The CONTRACTOR shall maintain books, records, documents, time and
costs accounts and other evidence directly related to its provision or
performance of services under this Agreement. All time records and cost
data shall be maintained in accordance with generally accepted
accounting principles.
69. The CONTRACTOR shall maintain and allow access to the records
required under this Section for a minimum period of five (5) years after
the completion of the provision or performance goods and /or services
under this Agreement and date of final payment for said goods and /or
services, or date of termination of this Agreement.
70. The CITY may perform, or cause to have performed, an audit of the
records of the CONTRACTOR before or after final payment to support
final payment under any Purchase/Work Order issued hereunder. This
audit shall be performed at a time mutually agreeable to the
CONTRACTOR and the CITY subsequent to the close of the final fiscal
period in which goods and /or services are provided or performed. Total
compensation to the CONTRACTOR may be determined subsequent to
an audit as provided for in this Section, and the total compensation so
determined shall be used to calculate final payment to the
CONTRACTOR. Conduct of this audit shall not delay final payment as
required by this Section.
71. In addition to the above, if Federal, State, County, or other entity funds
are used for any goods and /or services under this Agreement, the
Comptroller General of the United States or the Chief Financial Officer of
the State of Florida, or the County of Flagler, or any representatives,
shall have access to any books, documents, papers, and records of the
CONTRACTOR which are directly pertinent to goods and /or services
provided or performed under this Agreement for purposes of making
audit, examination, excerpts, and transcriptions.
SPECLIB022206 00520 -12
NAME OF PROJECT: Cloud Branch Drainage Improvements - Phase 1 (IFB 05/06-08)
72. In the event of any audit or inspection conducted reveals any
overpayment by the CITY under the terms of the Agreement, the
CONTRACTOR shall refund such overpayment to the CITY within thirty
(30) days of notice by the CITY of the request for the refund.
73. The CONTRACTOR agrees to fully comply with all State laws relating to
Public records.
74. The CONTRACTOR agrees that if any litigation, claim, or audit is started
before the expiration of the record retention period established above, the
records shall be retained until all litigation, claims or audit findings
involving the records have been resolved and final action taken.
75. The CONTRACTOR shall not sublet, assign or transfer any interest in this
Agreement, or claims for the money due or to become due out of this
Agreement to a bank, trust company, or other financial institution without
written CITY approval. When approved by the CITY, written notice of
such assignment or transfer shall be furnished promptly to the CITY.
76. Any CONTRACTOR proposed subcontractors shall be submitted to the
CITY for written approval prior to the CONTRACTOR entering into a
subcontract. Subcontractor information shall include, but not be limited
to, State registrations, business address, occupational license tax proof of
payment, and insurance certifications.
77. The CONTRACTOR shall coordinate the provision of goods and /or
services and work product of any CITY approved subcontractors, and
remain fully responsible for such goods and /or services and work under
the terms of this Agreement.
78. Any subcontract shall be in writing and shall incorporate this Agreement
and require the subcontractor to assume performance of the
CONTRACTOR's duties commensurately with the CONTRACTOR's
duties to the CITY under this Agreement, it being understood that nothing
herein shall in any way relieve the CONTRACTOR from any of its duties
under this Agreement. The CONTRACTOR shall provide the CITY with
executed copies of all subcontracts.
79. The CONTRACTOR shall reasonably cooperate at all times with the CITY
and other CITY contractors and professionals.
80. This Agreement is to be governed by the laws of the State of Florida.
81. Venue for any legal proceeding related to this Agreement shall be in the
Eighteenth Judicial Circuit Court in and for Seminole County, Florida.
82. This Agreement is the result of bona fide arms length negotiations
between the CITY and the CONTRACTOR and all parties have
contributed substantially and materially to the preparation of the Contract.
SPECLIB022206 00520 -13
NAME OF PROJECT: Cloud Branch Drainage Improvements - Phase 1 (IFB 05/06-08)
Accordingly, this Agreement shall not be construed or interpreted more
strictly against any one party than against any other party.
83. Neither party shall be considered in default in performance of its
obligations hereunder to the extent that performance of such obligations,
or any of them, is delayed or prevented by Force Majeure. Force Majeure
shall include, but not be limited to, hostility, terrorism, revolution, civil
commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any
law, proclamation, regulation, or ordinance or other act of government, or
any act of God or any cause whether of the same or different nature,
existing or future; provided that the cause whether or not enumerated in
this Section is beyond the control and without the fault or negligence of
the party seeking relief under this Section.
84. This Agreement, together with the exhibit(s), if any, constitutes the entire
integrated Agreement between the CITY and the CONTRACTOR and
supersedes all prior written or oral understandings in connection
therewith. This Agreement, and all the terms and provisions contained
herein, including without limitation the exhibits hereto, constitute the full
and complete agreement between the parties hereto to the date hereof,
and supersedes and controls over any and all prior agreements,
understandings, representations, correspondence and statements
whether written or oral.
85. This Agreement may only be amended, supplemented or modified by a
formal written amendment.
86. Any alterations, amendments, deletions, or waivers of the provisions of
this Agreement shall be valid only when expressed in writing and duly
signed by the parties.
87. Written notice requirements of this Agreement shall be strictly construed
and such requirements are a condition precedent to pursuing any rights
or remedies hereunder. The CONTRACTOR agrees not to claim any
waiver by CITY of such notice requirements based upon CITY having
actual knowledge, implied, verbal or constructive notice, lack of prejudice
or any other grounds as a substitute for the failure of the CONTRACTOR
to comply with the express written notice requirements herein. Computer
notification (e -mails and message boards) shall not constitute proper
written notice under the terms of the Agreement.
88. The failure of the CITY to insist in any instance upon the strict
performance of any provision of this Agreement, or to exercise any right
or privilege granted to the CITY hereunder shall not constitute or be
construed as a waiver of any such provision or right and the same shall
continue in force.
89. In no event shall any obligation of the CITY under this Agreement be or
constitute a general obligation or indebtedness of the CITY, a pledge of
the ad valorem taxing power of the CITY or a general obligation or
SPECLIB022206 00520 -14
NAME OF PROJECT: Cloud Branch Drainage Imorovements - Phase 1 (IFB 05/06-08)
indebtedness of the CITY within the meaning of the Constitution of the
State of Florida or any other applicable laws, but shall be payable solely
from legally available revenues and funds.
90. The CONTRACTOR shall not have the right to compel the exercise of the
ad valorem taxing power of the CITY.
91. Each exhibit referred to and attached to this Agreement is an essential
part of this Agreement. The exhibits and any amendments or revisions
thereto, even if not physically attached hereto, shall be treated as if they
are part of this Agreement.
92. The Section headings and captions of this Agreement are for
convenience and reference only and in no way define, limit, describe the
scope or intent of this Agreement or any part thereof, or in any way affect
this Agreement or construe any provision of this Agreement.
93. If any term, provision or condition contained in this Agreement shall, to
any extent, be held invalid or unenforceable, the remainder of this
Agreement, or the application of such term, provision or condition to
persons or circumstances other than those in respect of which it is invalid
or unenforceable, shall not be affected thereby, and each term, provision
and condition of this Agreement shall be valid and enforceable to the
fullest extent permitted by law when consistent with equity and the public
interest.
94. All provisions of this Agreement shall be read and applied in para materia
with all other provisions hereof.
95. In the event of a dispute related to any performance or payment
obligation arising under this Agreement, the parties agree to exhaust any
alternative dispute resolution procedures reasonably imposed by the
CITY prior to filing suit or otherwise pursuing legal remedies.
96. The CONTRACTOR agrees that it will file no suit or otherwise pursue
legal remedies based on facts or evidentiary materials that were not
presented for consideration to the CITY in alternative dispute resolution
procedures or which the CONTRACTOR had knowledge and failed to
present during the CITY procedures.
97. In the event that CITY procedures are exhausted and a suit is filed or
legal remedies are otherwise pursued, the parties shall exercise best
efforts to resolve disputes through voluntary mediation. Mediator
selection and the procedures to be employed in voluntary mediation shall
be mutually acceptable to the parties. Costs of voluntary mediation shall
be shared equally among the parties participating in the mediation.
98. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which, taken together, shall
constitute one and the same document.
SPECLIB022206
00520 -15
NAME OF PROJECT: Cloud Branch Drainage Improvements - Phase 1 (IFB 05/06 -08)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
CONTRACTOR:
Name of Firm
By (Signature) (SEAL)
Roy W. Smith, Jr., President
Printed Name and Title
ATTEST:
By (Signature)
Thomas M. Perley, Secretarty
Printed Name and Title
OWNER:
City of Sanford
Na�me� of Owner
p
By (Signature) (SEAL)
Robert P Yehl, City Manager
Printed Name and Title
ATTF : , Q.
By (Signature)
Cy v 4- <, Poc _Ur A <�
Jaaet_Dedeherty. Ci }v Clerk
Printed Name and Title
END OF SECTION
SPECLIB022206
00520 -16
NAME OF PROJECT: Cloud Branch Drainage Improvements - Phase 1 (IFB 05/06 -08)
Bond No. 104439855
SECTION 00605
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
Prime Construction GroUD. Inc
(Name of CONTRACTOR)
1000 Jetstream Drive, Orlando, Florida 32824 407- 856 -8180
(Address of CONTRACTOR) (Phone No. of CONTRACTOR)
a Corporation hereinafter called
(Corporation, Partnership or Individual)
Principal, and Travelers Casualty and Surety Company of America
(Name of Surety)
(Address of Surety) (Phone No. of
hereinafter called Surety, are held and firmly bound unto:
City of Sanford
(Name of OWNER)
of OWNER) (Phone No. of
hereinafter called OWNER, in the full and just Sum of Three Million nine hundred sixteen
thousand six hundred eiaht -one and 07/100 DOLLARS ($3.918.681.07) in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves,
successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be
less than one hundred ten percent (110 %) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain Agreement with the OWNER, dated the 1 stday of June , 2nnr
a copy of which is hereto attached and made a part hereof for the construction of:
Cloud Branch Drainage Improvements - Phase 1 (IFB 05/06 -08)
(Name of Project) (Contract No.)
The Project is briefly described as:
00605 -1
,:
1T. =r
The Project is located (address or general location as shown below):
The project starts at Pinehurst Park (at 22nd Street) and ends at Coastline Park (at 10th Street).
This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes
and the Agreement referenced above, as the same may be amended.
The Surety shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent as CONTRACTOR is bound.
NOW, THEREFORE, the condition of this obligation is such that if Principal:
Promptly and faithfully performs its duties, all the covenants, terms, conditions,
and agreements of said Agreement including, but not limited to the insurance
provisions, guaranty period and the warranty provisions, in the time and manner
prescribed in the Agreement, and
2. Pays OWNER all losses, damages, delay damages (liquidated or actual),
expenses, costs and attorneys' fees, including costs and attorney's fees on
appeal that OWNER sustains resulting directly or indirectly from any breach or
default by Principal under the Agreement, and
3. Satisfies all claims and demands incurred under the Agreement, and fully
indemnifies and holds harmless the OWNER from all costs and damages which it
may suffer by reason or failure to do so, then this bond is void; otherwise it shall
remain in full force and effect.
The coverage of this Performance Bond is co -equal with each and every obligation of
the Principal under the above referenced Agreement and the Contract Documents of which the
Agreement is a part.
In the event that the Principal shall fail to perform any of the terms, covenants and
conditions of the Agreement and the Contract Documents of which the Agreement is a part
during the period in which this Performance Bond is in effect the Surety shall remain liable to
the OWNER for all such loss or damage.
In the event that the Surety fails to fulfill its obligations under this Performance Bond,
then the Surety shall also indemnity and hold the OWNER harmless from any and all loss,
damage, cost and expense, including reasonable attorneys' fees and costs for all trial and
appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its
obligations hereunder. This subsection shall survive the termination or cancellation of this
Performance Bond.
The Surety stipulates and agrees that its obligation is to perform the Principal's work
under the Agreement under the Bond. The following shall not be considered performance under
the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the
Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's
election to do nothing under the Bond shall be construed as a material breach of the Bond and
00605 -2
bad faith by the Surety. The Surety agrees that its obligation under the bond is to: (i) take over
performance of the Principal's Work and be the completing Surety even if performance of the
Principal's Work exceeds the Principal's Contract Price or (ii)re -bid and re-let the Principal's
Work to a completing contractor with Surety remaining liable for the completing contractors
performance of the Principal's Work and furnishing adequate funds to complete the Work. The
Surety acknowledges that its cost of completion upon default by the Principal may exceed the
Contract Price. In any event, the Principal's Contract Time is of the essence and applicable
delay damages are not waived by OWNER.
The Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall be direct and immediate and not conditional or contingent upon OWNER's
pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i)
amendments or modifications to the Agreement entered into by OWNER and Principal without
the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the
Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii)
the discharge of Principal from its obligations under the Agreement as a result of any
proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any
similar state or federal law, or any limitation of the liability or Principal or its estate as a result of
any such proceeding.
Any changes in or under the Agreement and Contract Documents and compliance or
noncompliance with any formalities connected with the Agreement or the changes therein shall
not affect Surety's obligations under this Bond and Surety hereby waives notice of any such
changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or
decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to
the Agreement and Contract Documents.
The Performance Bond and the Payment Bond and the covered amounts of each are
separate and distinct from each other.
This Bond is intended to comply with the requirements of Section 255.05, Florida
Statutes, as amended, and additionally, to provide common law rights more expansive than as
required by statute. The Surety agrees that this Bond shall be construed as a common law
bond.
IN WITNESS WHEREOF, this instrument is executed this tl
(CORPORATE SEAL)
Ckit"( " ,
(WitnG96 to incipal)
Orlando, FL 32824
City, State, Zip
00605 -3
1000 Jetstream Drive
Address
Thomas M. Perley
Typed Name
Cheryl Reimann
Typed Name
A T:
(Surety) Secretary
Robin Williams
Typed Name
(C ORATE SEAL,
Witness as to Surety
Robin Williams
Typed Name
Witness as to Surety
Paul A. Locascio
Typed Name
407 - 856 -8180 407 - 856 -818
Telephone No. Facsimile No.
Travelers Casualty and Surety COmoany of America
Surety
813 - 89)-4157 813- 890 -408
Telephone No. Facsimile No.
By.
Attomey -in -Fad & FL Resident Agent
Beniamin H. French
Typed Name
P.O. Box 90027
Address
Gainesville, FL 32607
City, State, Zip
352 - 374 -7779 352 - 374 -8179
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all venturers shall execute the Bond. If CONTRACTOR is partnership, all partners
shall execute the Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Departments
most current list (Circular 570 as amended) and be authorized to transact business in the State
of Florida, unless otherwise specifically approved in writing by OWNER.
ATTACH a certified Power -of- Attomey appointing individual Attomey -in -Fact for execution of
Performance Bond on behalf of Surety.
END OF SECTION
rr.r
STPAUL
TRAVELERS
POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
Attorney -In Fact No. 214$26
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surely Company of America
United States Fidelity and Guaranty Company
Certificate No. 000171806
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and SL Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that
the Companies do hereby make, constitute and appoint
Beverly W. Crews, Dale Waldorff, Pamela L. Jarman, Benjamin H. French, Paul Locassio, and Robin Williams
of the City of — Mary Esther /Gainesville , State of Florida , their time and lawful Attorney(s) -in -Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in anyn6tions or- proceedings allowed by law.
IN WITNES WHEREOF, the Companies sh have caused this instrument to be signed and the corporate seals to be hereto affixed, this
day of
Farmington Casualty Coytpauy
Fidelity and Guaranty'lnehrance Company
Fidelity and Guaranty ImmiaawiUnderwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
6th
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
� cywsMV,a<^ �r" v1rFr� vnc < wit
0 6 n g d' rt r � eo {o .a ^;;±
i p o i T977 Q r�traaa® ,y}' 1927 4 u'r —
= 6�'"kcn` + a
e 19$1 O! 40 � v.p i 58EL'i °d Wax. a � e ,d f f^ 1811a
xEa lS. M ap 1 .M
State of Connecticut
City of Hartford ss.
By:
G rge W ompson, San' r Yc President
On this the 6th day £ March 2006
Y ,before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casually and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
6,TQ
In Witness Whereof, I hereunto set my hand and official seal. T
My Commission expires the 30th day of June, 2006. Ct 'OUSLI�s*
Marie C. Teneault, Notary Public
58440 -9 -05 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNFv
Bond No. 104439855
SECTION 00610
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
of
Principal, and
of
(Phone No. of
CL
(Name
(Address
4
hereinafter called
(Phone No. of
hereinafter called Surety, are held and firmly bound unto:
Of
of
(Phone No. of OWNER)
hereinafter called OWNER, in the full and just Sum of Three Million nine hundred sixteen
thousand six hundred eight on and 07 /100 DOLLARS f$3.916.8131.071 in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves,
successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be
less than one hundred ten percent (110 %) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into a
certain Agreement with the OWNER dated the 1 day of _ -n
,,np 2on6
a copy of which is hereto attached and mde a part hereof for the construction of:
(Name of Project)
The Project is briefly described as:
00610 -1
(Contract
The Project is located (address or general location as shown below):
The proiect starts at Pinehurst Park (at 22nd Street) and ends at Coastline Park fat 10th Street)
The Surety shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent as CONTRACTOR is bound.
NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make
payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal
with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the
Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain
in full force and effect subject, however, to the following conditions:
This Bond is furnished for the purpose of complying with the requirements of
Section 255.05, Florida Statutes, as the same may be amended.
2. Any action instituted by a claimant under this bond for payment must be in
accordance with the notice and time limitation provisions in Section 255.05(2),
Florida Statutes.
3. Therefore, a claimant, except a laborer, who is not in privity with the
CONTRACTOR shall, before commencing or not later than 45 days after
commencing to furnish labor, materials, or supplies for the prosecution of the
work, furnish the CONTRACTOR with a notice that he or she intends to look to
the bond for protection. A claimant who is not in privity with the CONTRACTOR
and who has not received payment for his or her labor, materials, or supplies
shall deliver to the CONTRACTOR and to the surety written notice of the
performance of the labor or delivery of the materials or supplies and of the
nonpayment. The notice of nonpayment may be served at any time during the
progress of the work or thereafter but not before 45 days after the first furnishing
of labor, services, or materials, and not later than 90 days after the final
furnishing of the labor, services, or materials by the claimant or, with respect to
rental equipment, not later than 90 days after the date that the rental equipment
was last on the job site available for use. Claimant shall deliver to the
CONTRACTOR and to the Surety written notice of the performance of the labor
or delivery of the Materials or supplies and of the nonpayment. No action for the
labor, Materials or supplies may be instituted against the CONTRACTOR or the
Surety on the bond after one (1) year from the performance of the labor or
completion of the delivery of the Materials or supplies.
4. The Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall remain in full force and effect notwithstanding (i) amendments or
modifications to the Agreement entered into by OWNER and Principal without the -
Surety's knowledge or consent, (ii) waivers of compliance with or any default
under the Agreement granted by OWNER to Principal without the Surety's
knowledge or consent, or (iii) the discharge of Principal from its obligations under
the Agreement as a result of any proceeding initiated under The Bankruptcy
Code of 1978 as the same may be amended, or any similar state or federal law,
saECUeoaieos
00610 -2
or any limitation of the liability or Principal or its estate as a result of any such
proceeding.
5. Any changes in or under the Agreement or Contract Documents and compliance
or noncompliance with any formalities connected with the Agreement or the
changes therein shall not affect Surety's obligations under this Bond and Surety
hereby waives notice of any such changes. Further, Principal and Surety
acknowledge that the Sum of this Bond shall increase or decrease in accordance
with the Change Orders (unilateral and bilateral) or other modifications to the
Agreement or Contract Documents.
6. The Performance Bond and the Payment Bond and the covered amounts of each
are separate and distinct from each other.
IN WITNESS WHEREOF, this instrument is executed this t Aeda of June
2006
Grou Inc.
ATTEST: Se tary (Principal) Thomas M. Perley , Jr., President
Typed Name Typed Name andlTitle
1000 Jetstream Drive
(CORPORATE SEAL) Address
(Witness to rincipal)
Orlando. FL 32824
City, State, Zip
407 - 856 -8180 407 -856 -81
Telephone No. Facsimile No.
Cheryl Reimann
Typed Name
A ST: q
Kl —
(Surety) ` \ Secretary
Robin Williams
Typed Name
( CORPORATE SEAL
W
Travelers Casualty and Surety Company of America
Surety
813 - 890-4157 813 - 890-40
Telephone No. Facsimile No.
By: q�Q
& FL�es den Agent
sxCLIM21 oe 00610 -3
Robin Williams
Typed Name
PO�L a A
Witness as to Surety
Paul A. Locascio
Typed Name
Beniamin H. French
Typed Name
P.O. Box 90027
Address
Gainesville, FL 32607
City, State, Zip
352 - 374 -7779 352 - 374 -817
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all venturers shall execute the Bond. If CONTRACTOR is Partnership, all partners
shall execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
moat current lis ac -amended) and_ be authorized- to- trans actbusiness in_the-SUde
of Florida, unless otherwise specifically approved in writing by OWNER.
ATTACH a certified Power -of- Attomey appointing individual Attorney -in -Fact for execution of
Performance Bond on behalf of Surety.
END OF SECTION
sPECUBMIG a 00610 -4
SECTION 00620
INSURANCE CERTIFICATION
Name of Project: Cloud Branch Drainaae Improvements — Phase 1 (IFB 05106 -08)
Owner: City of Sanford
P.O. Box 1788
Sanford. Florida 32772
Ph. 407 - 330 -5641
Engineer. CPH Engineers, Inc.
P.O. Box 2808
Sanford, Florida 32772
Ph. 407- 322 -6841
THIS IS TO CERTIFY that the numbered policies identified by the attached Certificates of
Insurance have been issued by the below stated company
"The paragraph below becomes a part of this insurance certification.
Prime Construction Group, Inc
Named Insured
0
Signature
Zip
Printed or
01 Autnorizea
(Make additional copies of this form ffmore than one Insurance company provides contract required Insurance).
END OF SECTION
*The insurance coverages provided by the insurance company are the only coverages
provided and are subject to the terms, conditions and exclusions of the policies as
referenced on the enclosed Certificate of Insurance. Any additional coverage(s)
required to be provided are subject to the discretion of the Owner, Engineer, Contractor
and our agency. This form does not supersede the Acord Certificate of Insurance.
00620 -1
°ATE T
Maw CERTIFICATE OF LIABILITY INSURANCE OPID
PRIM -Ol 06/08/06
PRODUCER
Waldorf£ Ins. & Bonding, Inc.
P. O. Box 886
THIS CERTIFICATE IS ISSUED AS A NATTER 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.
Mary Esther FL 32569 -0886
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND
CONDITIONS OF SUCH
Phon :850- 581 -4925 rax:850- 581 -4930
INSURERS AFFORDING COVERAGE
NAIL0
INSURED
INSURER A: Amerisure Insurance
09088
INSURER B: Transcontinental Ins CO
20486
$
INSU C:
PREMISES E ocarrtac
P O C 4 r 44 pp lion Group, Inc.
Orlando FL 32859 -0509
INSR°:
INSURER E:
MED EXP(Any are Pavan)
THE P LIGIEB 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 18 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND
CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS.
LTR NSFU TYPEOFINSURANCE POLICY NUMBER OATS NMD DATE M
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$
A X X COMMERCIAL GENERAL LIABILITY GL2016720010005 01101106 01/01/07
PREMISES E ocarrtac
$ 300,000
CLAIMS MADE OCCUR
MED EXP(Any are Pavan)
$ 10 ,000
X XCU Coverage
PERSONAL$ADV INJURY
$1 000 000
X Contractual Liab.
GENERAL AGGREGATE
$2, 000,000
GENLAGGREGATE LIMIT APPLES PER
PRODUCTS - COMPIOP AGG
$2, 000,000
POLCY X JECT p LOC
AUTOMOBILE
LIABILITY
A
X
ANYAUI'o
CA1322955060005
01/01/06
01/01/07
D
M- - ddit SINGLE LIMIT
$ 1 , 000 .000
x
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILVI
(Per panm) m)
$
HIREDAUTOS
X
NON -OWNED AUT(IS
BODILY )
(ParaaCMNI
S
X
PROPERTY DAMAGE
$
(Px wddE )
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT
$
ANYAUTO
OTHER THAN EA ACC
$
S
AUTOONLY: AGO
EXCESSNNBRELLA LIABILITY
EACH OCCURRENCE
$5,000,000
A
X OCCUR CLAMS MADE
aV13sY95T roLL0T1 roaN
01/01/06
01/01/07
AGGREGATE
$5
$
DEDUCTIBLE
$
RETENTION $
$
WORKERS COMPENSATION AND
TORY LMITH X ER
A
E MPLOYER S
EL EACH ACCIDENT
$500 OOO
IETORILRY
A RETOR
NYPROP REXECUTIVE
MC2034090
01101106
01/01/07
E
O y FF y D d e Kdbe ER EXCLUDXCLUDED?
iLORioA ITmTarXaA CtTts
EL DISEASE -EA EMPLOYEE
$500,000
E.1DISEASE- POLICYLIMIT
$500,000
SPEL ISONS be
OTHER
• Rented /Leased Egu 2025057929 01/01/06 01/01/07
10000 Dad
$600,000
• Installation Cov 2025057929 01/01/06 01/01/07
1000 Ded
$400,0 00
DESCwPT10N of OPERATIONS r LOCATOIa rvEHICLESI EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
See Attachment
CITY802 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLED
DATE THEREOF, THE ISSUING NSURERWLL ENDEAVOR TO MAUL 30* DAY$wwREN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO GO SO SHALL
City of Sanford
300 N Park Avenue WPM NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGMT8 OR
Sanford FL 32772 -1788 REPRESENTATWES.
HOLDER CODE 'CITYS02
NQ, +,GPAiJI... INSUR NAME Pr1,i1 Constru oA Gro Iqa, QP
It is hereby understood and agreed that the City of Sanford, CPS
Engineers, Inc., Subcontractors, Officers, Directors, Partners, Employees,
Agents and Consultants are named as additional insureds as pertains to the
following: Cloud Branch Drainage Improvements - Phase 1; Contract No. IFB
05/06 -08 This insurance is primary and non contributory *10 days notice
of cancellation for non payment still applies. **Waiver of subrogation
applies to General Liability, Automobile Liability and Workers
0